CC SR 20191106 03 - Amending Rules of Procedure, Adopt Policy 54
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RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/06/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to (1) amend the City Council Rules of Procedure, (2)
adopt Policy No. 54 regarding Closed Session, and (3) adopt by reference certain
sections of the Rules of Procedure, relating to closed session and the use of emails, and
making a violation thereof a misdemeanor
RECOMMENDED ACTION:
(1) Waive full reading and read by title only Resolution No. 2019-XX: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING
SECTION 3.6 (CLOSED SESSION MEETINGS) OF CHAPTER 3 (TYPES OF
MEETINGS), SECTION 10.2 (APPOINTMENTS), SECTIONS 10.4 (USE OF EMAIL)
AND 10.5 (DEFENSE AND INDEMNIFICATION) OF CHAPTER 10 (BOARDS,
COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), CHAPTER 11 (PUBLIC
RECORDS AND USE OF EMAIL), AND MISCELLANEOUS CLEAN-UP
AMENDMENTS OF THE CITY COUNCIL RULES OF PROCEDURE
(2) Waive full reading and read by title only Resolution No. 2019-XX: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING
COUNCIL POLICY NO. 54, RELATING TO CLOSED SESSIONS
(3) Waive full reading and read by title only Ordinance No. 2019-XX: AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 1 .18 (RULES OF
PROCEDURE) TO THE RANCHO PALOS VERDES MUNICIPAL CODE,
ADOPTING BY REFERENCE SECTION 3.6 (CLOSED SESSION MEETINGS) OF
CHAPTER 3.0 (TYPES OF MEETINGS), SECTIO N 10.4 (USE OF EMAILS) OF
CHAPTER 10.0 (BOARDS, COMMISSIONS, COMMITTEES, AND
SUBCOMMITTEES), AND CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL)
OF THE CITY COUNCIL RULES OF PROCEDURE, AND MAKING VIOLATIONS
THEREOF A MISDEMEANOR AND A PUBLIC NUISANCE
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: William W. Wynder, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHMENTS:
A. Proposed Rules of Procedure with tracked changes (page A-1)
B. Resolution No. 2019-XX, adopting amended Rules of Procedure (page B-1)
C. Resolution No. 2019-XX, adopting Council Policy No. 54, relating to closed
session (page C-1)
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D. Ordinance No. 2019-XX adding Chapter 1.18 (Rules of Procedure) to the Rancho
Palos Verdes Municipal Code, adopting by reference (page D-1)
I. INTRODUCTION AND BACKGROUND
The City Council has considered an earlier item on the October 15, 2019 agenda for the
City Council to read and file the joint reports of the Council Ad Hoc Subcommittee and
the Office of the City Attorney. The joint reports recommended a number of changes to
the Rules of Procedure to strengthen the provisions relating to the closed session
privilege, and to the use of email and the Public Records Act. To the extent the City
Council is inclined to implement any or all of these joint recommendations, this staff
report and the related actions will allow for implementation of the same.
Additionally, the City Clerk is requesting several small clean-up amendments, including
amending Section 10.2 to be consistent with the recently updated Council Policy No. 6,
relating to the appointment of advisory committee members.
II. DISCUSSION
A. Closed Session privilege: recommended changes to the Rules of Procedure
and proposed new Council Policy.
I. Based on the recent documented violations of the Closed Session privilege, the
following amendment is recommended to Subsection (b) (Confidentiality) of
Section 3.6 (Closed Sessions Meetings), to clarify the importance of the Closed
Session privilege, and the seriousness with which it considers violations of the
privilege. (Deleted text in strikethrough and new text in bold italics):
“(b) Confidentiality. No person attending a closed session shall
publicly discuss or otherwise reveal the discussion, content, and/or
proceedings of the closed session unless such disclosure has been
approved by the vote of the Council taken during the closed
session or as otherwise required by law. Violation of this rule may
subject the violator to various penalties including (i) censure by the
Council as provided in Article 9.0 herein, (ii) criminal penalties as
the willful failure to perform a duty under Government Code Section
1222, or other statute, (iii) referral to the grand jury, or (iv) civil
actions, including issuance of an injunction. To that end, an
admonition shall be added to every City Council agenda noting
the privilege of the Closed Session and warning of the legal
consequences of violating the same. If minutes are kept, they
are not a public record and shall be kept confidential and shall be
available only to Councilmembers or as otherwise provided by law
(Government Code § 54957.2(a)).”
Additionally, the attached Council Policy No. 54 is proposed. The policy includes
the procedure for numbering and collecting the Closed Session memoranda, and
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the text of the proposed admonition that the Ad Hoc Sub-Committee and the City
Attorney are recommending.
II. Use of Email and the Public Records Act.
The Ad Hoc Sub-Committee and the City Attorney recommended amendments to
the Council Rules of Procedure to strengthen the rules relating to use of email.
The proposed changes clarify that all the rules relating to emails apply to
Councilmembers as well as commissioners, and committee or board members.
Additionally, it is recommended that the Rules of Procedure expressly articulate
that violation may result in censure, or removal from committees or commissions.
The changes proposed are as follows. (Deleted text in strikethrough and new text
in bold italics):
a. “10.4 Use of Email.
All members of commissions, and committees, and boards are
subject to the same rules regarding use of email as are
Councilmembers. Mandatory use of the @rpvca.gov email
accounts will be effective 3 months after the adoption of these
rules.”
b. “10.5 Defense and Indemnification.
The City shall defend and indemnify all members of commissions,
and committees, and boards to the same extent, and subject to the
same limitations, as Councilmembers.”
c. “11.0 PUBLIC RECORDS AND USE OF EMAIL
11.1 General. The City’s policies at one time segregated city
and/or personal emails on the basis of whether they are/were
generated through the City email domain/account (@rpvca.gov) or
personal accounts, but recent legal decisions (City of San Jose v.
Superior Court, 389 P.3d 848 (2017)) distinguish only by whether
the content of the email relates to City business. While emails sent
to Councilmembers, commissioners, committee members, and
board members (collectively, “City Officials”) through their City
email accounts are clearly public records, as are replie s or
subsequent email exchanges related to those “@rpvca.gov” emails,
Councilmembers should be aware that irrespective of what server
the email is on, whether the City email account or a personal
account, if the email is related to City business, it is a public record
subject to disclosure unless an exception applies.
11.2 Must Use City Email Account. All CouncilmembersCity
Officials are provided with an @rpvca.gov email account, and shall
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only use this account for City business. Personal accounts should
not be used for City business and if they are, in the event of a
public records request, the personal account will be subject to
review and disclosure of City-related emails.
11.3 Use of Private Email Accounts Prior to the Adoption of
These Rules. CouncilmembersCity Officials shall segregate all
City business emails that predate the adoption of these rules into a
separate folder so as to preserve the emails. All emails must be
preserved in compliance with the City’s Records Retention Policy.
Use of email accounts in violation of this policy, or failure by a
City Official to cooperate fully in turning over any City
business emails maintained solely on a personal email
account, shall be grounds for removal from any City boards,
commissions, or committees and, in the event of a violation by
a member of the City Council, shall be grounds for censure. All
costs incurred by the City to obtain compliance by the City
Official shall be subject to cost recovery by the City.
11.4 Public Records Requests. Pursuant to the California Public
Records Act (the “PRA” Govt. Code §§ 6250 et. seq.) individual
CouncilmembersCity Officials shall produce to the City Attorney’s
office for review any records that are responsive to a public records
request, and where the City did not retain a copy.
The City Attorney’s office will review any such records or
communications to confirm that they relate to the City’s business,
are not exempt from disclosure under the PRA, and are responsive
to the request.
11.5 Staff to Review City Accounts. In the event the City receives
a PRA request seeking CouncilmemberCity Official
communications, staff will research the City’s email server for
responsive emails that went through an “@rpvca.gov” email
address.
11.6 Emails in Possession of Councilmember. Further, any emails
exclusively in the possession of individual CouncilmembersCity
Officials shall be produced by each CouncilmemberCity Official
for review by the City Attorney’s office, if the emails are responsive
to a public records request.
11.7 City Attorney Review. Just as with non-email
communications, the City Attorney’s office will review the emails to
confirm that they relate to the City’s business, are not exempt from
disclosure under the PRA, and are responsive to the public reco rds
request. Any emails that fail one of those tests will not be produced.
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11.8 Definition of Public Records. The PRA defines local public
records as follows: ““Public records” includes any writing containing
information relating to the conduct of the public’s business
prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. . .” Govt. Code §
6252(e).) The PRA requires the City to disclose upon request public
records that are within the possession of the City and are not
exempt from disclosure. It is the policy of City to conduct its
business in conformance with the Public Records Act.
11.9 Exceptions. In the event the City’s email server is down and
the CouncilmemberCity Official needs to use email to conduct City
business, the CouncilmemberCity Official may use a personal
email account until the City’s email is fully functional. Any such
emails must be segregated into a separate folder within the email
account and must be turned over to the Informat ion Technology
Manager within 30 days.“
B. Violations of Rules of Procedure as misdemeanors.
In the joint reports, the City Attorney also recommends making violation of certain
provisions of the Rules of Procedure a misdemeanor. Section 36900 of the
Government Code provides that the legislative body of a city may make violations
of an ordinance a misdemeanor. A proposed ordinance is included incorporating
by reference certain provisions of the Rules of Procedure.
Specifically, the ordinance would add Chapter 1.18 to Title 1 of the Municipal
Code, incorporating by reference Sections 3.6 (Closed Session Meetings), 10.4
(Use of Email) and Chapter 11 (Public Records and Use of Email), and make
violations of these provisions a public nuisance, and punishable as
misdemeanors.
C. Clean-up amendments to the Rules of Procedure.
The following proposed change are suggested by the City Clerk’s Office as clean-
up amendments.
“(a) Item 5 of Section 5.0 (Agendas) of the Outline of the Rules of
Procedure, is amended to read: “Staff reports are required for all
agenda items. (5.55.6).”
This is a simply a correction of a typographical error.
(b) “5.6 Staff Reports.
With the exception of consent calendar items, Allall agenda
items shall be accompanied by a staff report. Staff shall strive to
provide staff reports to the Council with sound, professional
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recommendations on a course of action for all City issues to the
maximum extent practical along with pertinent facts and analysis to
enable the Council to make an informed decision. The report shall
include specific recommendations in the form of a motion which
could be taken, along with alternative actions which could be taken.
If a Councilmember prepares a report for an agenda item, it shall
be submitted to the City Manager at the same time that other
agenda reports are to be submitted.
It is within the prerogative of the Council to, by unanimous consent,
to waive the actual oral presentation of any report.”
This is a clarification to make the rule is consistent with current
practice.
(c) “5.8 Agenda Preparation Distribution
The Agenda shall be delivered to the Mayor and Councilmembers
as soon as practicable after 5:30 p.m. on the WednesdayTuesday
preceding the Tuesday meeting. The agenda shall be posted on the
bulletin board at City Hall at the same time that it is distribute d to
the Councilmembers. If the agenda is distributed to
Councilmembers after 5:30 p.m., the full agenda packet, including
reports, shall be made available to the public upon request
without delay, in accordance with the provisions of the Brown
Act. Closed session reports will be delivered to Councilmembers by
the Friday evening prior to the meeting, unless circumstances
prevent such distribution.”
This is a clarification to make the rule consistent with current
practice.
(d) 5.13 Consent Calendar.
“[…]
(b) Excluded Consent Items. 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 Council. If
an item has been removed from the Consent Calendar, and a
member of the public has requested to speak on that item, the item
shall be pulled from the Consent Calendar and heard
immediately after the approval of Consent Calendar.”
This is a language clean-up with no substantive change.
(e) 6.2 Disorderly Conduct.
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“[…]
(b) Examples. Examples of remarks or behavior that can cause
actual disruption of the Council proceedings include but are not
limited to:
(1) Failure to comply with an order to be seated or refrain
from disrupting the meeting.
(2) Interrupting speakers.
(3) Calling members of the audience names.
(4) Extended discussion of irrelevancies or being unduly
repetitious.
(5) Physical threats.
(6) Shouting into the microphone.
(7) Dumping items on the floor of the chamber or using
similar physical props.
(8) Speaking past time limits unless a time extension is
requested and areis granted.
(9) Constant interruptions.
(10) Interruption of the meeting to make “objections”.
[…]”
This is a grammatical correction.
(f) 10.2 Appointments.
“[…]
(b) Appointments. The Council shall make appointments to citizen
City boards, commissions, and committees pursuant to City
Council Policy No. 6. All applicants willmay be interviewed by the
Council at a public meeting and shall be appointed by a majority
vote of the Council. All appointees serve at the pleasure of the
Council. The procedure of filling vacancies and provision of notice
thereof shall be subject to the provisions of the Maddy Act (Govt.
Code §§ 54970-54974) which require a 10-day notice of the
availability of the position for appointment.
[…]”
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The City Council has updated City Council Policy No. 6, pertaining
to advisory board recruitment and selection; this change revises the
Rules of Procedure to be consistent with Policy No. 6.
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
Adopted 5/29/12 (2012-38)
Amended 9/2/14 (2014-54)
Amended 1/16/18 (2018-04)
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OUTLINE OF RULES OF PROCEDURE
1.0 Authority, Interpretation
1. City Council and unless otherwise specified, city commissions and committees,
shall administer meetings in accordance with these Rules. (1.0)
2. Protocols for Officials have been merged with these Procedures. (1.0)
2.0 General Rules
1. Three members of the Council, or a majority of the members of a body,
constitutes a quorum necessary to transact business. (2.1)
2. If a Councilmember is absent without permission for 60 consecutive days, their
seat becomes vacant. (2.2)
3. City Clerk shall record minutes of all public proceeding and makes such minutes
available to the public. (2.3)
4. Councilmembers must be recognized by the Mayor prior to speaking on a subject
under consideration. (2.4)
5. If there is a conflict over how Council proceedings should be governed, the
Municipal Code (RPVMC) shall prevail over other sources, and the Rules of
Procedure shall prevail over Rosenberg’s Rules of Order. (2.5)
6. City Manager serves the City Council, attends and takes part in Council
meetings, and keeps the Council informed as to the administration of the City.
Includes rules on absences from City. (2.6).
7. City Manager will provide written notice to Council on matters of significant
importance. (2.6(f)).
8. City Attorney shall attend all meetings of the City Council, serves as advisory
parliamentarian for the City, and oversees all legal affairs under Council
direction. (2.7(a)).
9. A Councilmember shall not have an attorney-client relationship with the City
Attorney and may not rely on advice from the City Attorney to obtain immunity
from FPPC enforcement. (2.7(b-c)).
10. Council may direct the City Attorney to file amicus briefs. (2.7(d)).
11. City Clerk shall attend all meetings of the City Council, assure all agendas are in
accordance with the Brown Act, and keep account of all open proceedings of the
City Council. (2.8).
12. City Council may issue subpoenas. (2.10).
3.0 Types of Meetings
1. All regular Council meetings shall be open to the public and held at the
designated Council Chambers. The notice and agenda for such meeting shall be
posted at least seventy-two (72) hours before the meeting.(3.1-3.3).
2. A special meeting may be called by the Mayor or a majority of the
Councilmembers with notice posted at least twenty-four (24) hours before the
meeting. (3.5).
3. Council may hold closed session meetings and exclude all persons authorized to
be excluded. (3.6).
4. Breaching confidentiality of closed session not only subjects the Councilmember
to censure, but civil and criminal sanctions (3.6).
5. Council may hold study session meetings. (3.7).
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6. All meetings of the Council, except for closed sessions, shall be open to and may
be recorded by the media. (3.8)
4.0 Officers
1. Describes election of the Mayor and the Mayor Pro Tem and duty to serve as a
member and at the pleasure of the Council. (4.1-4.2).
2. Defines selection, duties, and authority of the Presiding Officer. (4.3/4.6).
3. Defines decorum of Councilmembers for being recognized by the Presiding
Officer, for motioning to bring a matter before the Council, for enforcing the rules,
and for communicating between members regarding matters not on the agenda
or during breaks or before and after meetings. Presiding Officer promotes
dialogue not allowing one member to monopolize. (14.7).
5.0 Agendas
1. Generally, the Council may not take action on a matter not appearing on the
posted agenda. (5.1).
2. Agenda descriptions must provide sufficient detail as to the subject matter of the
item. (5.2).
3. City Manager prepares the agenda with oversight from the Mayor and provides
appropriate staff reports with professional recommendations for Council
consideration.
4. A Councilmember may make a request for the inclusion of an item on a future
agenda to the Mayor, City Manager, or to the Council during a meeting. (5.4)
5. Staff reports are required for all agenda items. (5.55.6).
6. Defines process for Order of Business for Council meetings. (5.6).
7. Defines time for delivery of agenda packet, including reports, to Councilmembers
and the public. (5.7).
8. City Clerk shall post the agenda with the time and location of the meeting and a
brief description of each agenda item. (5.8).
9. Any person may address the Council regarding an item within the subject matter
jurisdiction of the Council. (5.10).
10. Consent Calendar allowed for items not requiring Council discussion and
considered ministerial and routine. Items removed by Councilmember are heard
after regular agenda, but, if removed at citizen request, are heard after Consent
Calendar. (5.12).
11. Oral reports may be included for agenda items, or given by Councilmembers to
report on an event they attended as an elected official of the City. (5.13).
6.0 Citizens’ Rights
1. Defines time and procedures for public comment. (6.1).
2. No disorderly conduct permitted that would impede the orderly conduct of a
Council meeting. Any disorderly person may be removed after receiving a
warning. (6.2(a-b)).
3. A majority of the Council may agree to allow an interested person to address the
Council for the reading of protests, petitions, or communications relating to a
matter under consideration. (6.3).
4. Any person may submit written comments to the Council through the City Clerk
or City Manager’s office. (6.4).
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7.0 Ordinances, Resolutions, and Contracts
1. Ordinances, resolutions, and contracts shall be approved by the City Attorney
before placement on the agenda. (7.2).
2. Defines the process for introducing, adopting, and preserving ordinances. (7.3-
7.4).
8.0 Procedures Regarding Public Hearings
1. Hearings involving the adjudication of individual property rights and interests are
quasi-judicial proceedings with due process requirements. (8.1).
2. Staff reports, written materials, oral reports, and Councilmember questions shall
be included in the public hearing record. (8.2).
3. Defines guidelines for Presiding Officer control over public hearing time limits and
procedures, and control over Council deliberations. (8.3, 8.4).
4. After closure of the public hearing, Council may vote on the item, offer
amendments, reopen the hearing, or continue the matter to a later date for
decision. (8.5(b)).
5. A tie vote is a denial. Matter is automatically continued to the next meeting if it is
a public hearing matter or a member is absent. (8.5(d)).
6. Councilmembers should minimize extra-meeting contacts with persons who will
be the subject of a public hearing, must refrain from expressing any viewpoints
during extra-meeting contacts, and after the public hearing, must disclose any
extra-meeting contacts that may be relevant to the decision. (8.6(a-c)).
7. Councilmembers may inspect a relevant site and disclose such inspection on the
record at the beginning of the public hearing. (8.6(d)).
9.0 Censure of Members
1. A Councilmember who has violated any general law or regulation, or any rule,
law, ordinance or resolution of the City may be censured after being given notice
and an opportunity to correct the violation. (9.1-9.2, 9.4).
2. Defines procedure for hearing a motion for censure. (9.5-9.8).
10.0 Commissions, Committees, and Subcommittees
1. Mayor appoints Councilmembers to serve as representatives on various
committees. (10.1).
2. Council may create commissions, committees or other advisory bodies by
ordinance, resolution, or motion, and make appointments to such bodies.
(10.2(a-d)).
3. Defines when Council Subcommittees are subject to the Brown Act. (10.3(a)).
4. Subcommittees may use staff support to gather information and provide a
Subcommittee report to the Council. (10.3(b-d)).
5. All members are subject to the same email rules and are indemnified to the same
extent as Councilmembers. (10.4-10.5).
11. Public Records and Use of Email
1. Documents related to City business, including electronic emails, regardless of
whether on City email or personal private email accounts, are public records
subject to disclosure. (11.1).
2. Councilmembers shall use City email account for City business and segregate
and preserve City business emails that predate these rules. (11.2-11.3).
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3. City Attorney shall review any public records including communications of
Councilmembers that are responsive to public records requests. (11.4).
4. In response to PRA requests, staff will research City email server and
Councilmember will produce City emails exclusively in their possession for
review by City Attorney. (11.5-11.7).
5. Defines “public records”. (11.8).
12. Defense and Indemnification of Members
1. Councilmembers are employees and are not vicariously liable for injuries caused
by the City. Employees are entitled to defense by City, and payment of judgment.
City can refuse to defend if employee was acting outside scope of employment or
with fraud, corruption, or actual malice; or if defense creates a conflict of interest
between City and employee. (12.1).
2. Councilmembers’ acts in violation of RPVMC or rules applicable to City Council
are outside the scope of employment. (12.2).
3. Employees must cooperate in their defense by the City. (12.3).
4. Defense of Councilmember acting outside the scope of employment or refusing
to cooperate with defense is in the Council’s absolute discretion. (12.4).
5. Any defense or indemnification by the City is subject to a reservation of rights
agreement for subsequently discovered information. (12.5).
13. Suspension and Amendment of these Rules
1. Rules not mandated by RPVMC or the Government Code may be suspended or
amended by a vote of the Council. (11.1-11.2).
14. Motions and Voting
1. Includes Table of Motions (Exhibit A). (14.1).
2. City Clerk states all motions submitted for a vote and the Presiding Officer may
state the consensus of the Council, or the Clerk will conduct a roll call vote as
required for adopting ordinances, resolutions, or actions involving the payment of
money. (14.2-14.3).
3. Councilmember silence during a vote denotes approval. (14.3(c)).
4. Quorum is required for Council action, but majority vote of total Council
membership required for ordinances, resolutions, or orders for payment of
money. (14.4(a)).
5. Defines state statutes that require supermajority vote, greater than majority vote
of all Councilmembers. (14.4(b)).
6. Members with a conflict of interest are not counted for establishing quorum and
may not participate in the decision. (14.4(c)).
7. Members may abstain due to a legally recognized conflict of interest, common
law bias, or public perception that their participation would be inappropriate. (14.5
(a-d)).
8. Abstention results in a non-vote, or in the case of a supermajority vote or a vote
of those present, a “no” vote. (14.6(e)).
9. Defines procedures for a Councilmember’s motion to reconsider any action.
(14.6).
10. Members not previously present should not vote on the approval of minutes or a
continued item unless they affirm their familiarization with the earlier record.
(14.7).
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11. When a motion is before the Council, no other motions may be entertained
except a motion to amend, a motion to postpone, a motion to table, or a
substitute motion. (14.8).
15.0 Brown Act Demands for Correction
1. Persons seeking to declare any action by the Council void for violation of the
Brown Act must first serve a written demand upon the City Clerk and allow the
Council thirty (30) days to correct its action before commencing a judicial action.
(15.1(a-b)).
2. Subject of demand shall be placed on the agenda and Council will determine
whether to reconsider the action, and if so whether to take corrective action.
(15.2-15.3.).
3. Process does not void issuance of bonds or contractual obligations. (15.1).
16.0 Code of Conduct
1. Officials must be independent and impartial, should not use the public office for
personal gain, and should conduct actions in an atmosphere free of personal
animosity and hostility. Officials include elected, appointed, employees and
vendors. (16.1/16.3(a)).
2. Code to be reviewed periodically for guidance on conduct in common situations.
(16.2(a-b)).
3. City Manager is the administrative head of the City and the City Council is the
chief policy-making body of the City. (164.2(c)).
4. Defines duties of City Officials (16.3(b)); ethical standards (16.3(c)); and rules of
conduct. (16.3(d)).
5. Councilmembers should avoid impropriety, treat each other collegially, and
should seek advice from the City Attorney if they believe their actions may
appear to be inappropriate. (16.3(e-g)).
6. Councilmembers shall conduct email correspondence and segregate City emails
in a manner that allows ready compliance with public records requests. (16.3(h)).
7. Councilmembers shall not disclose or use any confidential information to
advance their own or another’s financial or personal interests. (16.4).
8. Official may not assert or imply that they are acting on behalf of the City unless
authorized to do so by the Council, shall provide disclaimers. If not acting
officially, and not communicate anonymously. (16.5).
9. City Manager is responsible for the administrative operation of the City. (16.6(a)).
10. Councilmembers should direct questions or information requests only to the City
Manager, City Attorney, Deputy City Manager, Department Heads, Human
Resources Manager, or Economic Development Manager. (16.6(b)).
11. Councilmembers should not disrupt or attempt to influence staff. (16.6(c-d)).
12. Councilmembers should check with staff before sending correspondence.
(16.6(e)).
13. Councilmembers should not attend meetings with staff unless requested.
(16.6(f)).
14. Employees shall be assigned to provide administrative support to
Councilmembers. (16.6(g)).
15. Officials should not direct the City Manager as to City personnel matters.
(16.6(h)).
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16. City Manager shall require all staff and employees to observe the same rules of
procedure and decorum applicable to Councilmembers. (16.7).
17. Staff desiring to address the City Council or the public should address the
remarks to the Presiding Officer. (16.7).
18. Councilmembers should not solicit political support from staff. (16.8).
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TABLE OF CONTENTS
Page
1.0 AUTHORITY, INTERPRETATION ........................................................................ 1
2.0 GENERAL RULES ............................................................................................... 1
2.1 Quorum ...................................................................................................... 1
2.2 Vacancy by Unexcused Absence .............................................................. 1
2.3 Minutes of Proceedings ............................................................................. 1
2.4 Right of Floor ............................................................................................. 2
2.5 Rules of Order ........................................................................................... 2
2.6 City Manager ............................................................................................. 2
2.7 City Attorney .............................................................................................. 3
2.8 City Clerk ................................................................................................... 5
2.9 Deputy City Manager/Department Heads/Employees ............................... 5
2.10 Power to Issue Subpoenas ........................................................................ 5
3.0 TYPES OF MEETINGS ........................................................................................ 6
3.1 Public Meetings ......................................................................................... 6
3.2 Regular Meetings ....................................................................................... 6
3.3 Notice of Regular Meetings ........................................................................ 7
3.4 Adjourned Meetings ................................................................................... 7
3.5 Special Meetings ....................................................................................... 7
3.6 Closed Session Meetings .......................................................................... 7
3.7 Study Session Meetings ............................................................................ 8
3.8 Media Attendance ...................................................................................... 9
3.9 Recess ....................................................................................................... 9
3.10 Redevelopment Successor Agency and Improvement Authority
Business .................................................................................................... 9
3.11 Civic and Other Events .............................................................................. 9
4.0 OFFICERS ........................................................................................................... 9
4.1 Election of the Mayor ................................................................................. 9
4.2 Mayor Pro Tem ........................................................................................ 10
4.3 Presiding Officer ...................................................................................... 10
4.4 Point of Order .......................................................................................... 10
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4.5 Personal Privilege .................................................................................... 11
4.6 Preservation of Order............................................................................... 11
4.7 Councilmember Decorum ........................................................................ 11
5.0 AGENDAS .......................................................................................................... 12
5.1 No Discussion of Item Not on Agenda ..................................................... 12
5.2 Agenda Description ................................................................................. 12
5.3 City Manager Prepares Agenda With Mayor Oversight and
Concurrence ............................................................................................ 13
5.4 Scheduling Tentative Agenda Items ........................................................ 13
5.5 For Future Agenda Items ......................................................................... 13
5.6 Staff Reports ............................................................................................ 13
5.7 Order of Business .................................................................................... 14
5.8 Agenda Preparation Distribution .............................................................. 14
5.9 Agenda Posting ....................................................................................... 14
5.10 Minutes .................................................................................................... 14
5.11 Public Comments ..................................................................................... 14
5.12 Public Hearings ........................................................................................ 15
5.13 Consent Calendar .................................................................................... 15
5.14 Oral Reports ............................................................................................ 15
6.0 CITIZENS’ RIGHTS ............................................................................................ 16
6.1 Addressing the Council ............................................................................ 16
6.2 Disorderly Conduct .................................................................................. 17
6.3 Reading of Protests ................................................................................. 19
6.4 Written Communications .......................................................................... 19
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS ........................................ 19
7.1 Document Preparation ............................................................................. 19
7.2 Document Approval ................................................................................. 19
7.3 Ordinance Introduction/Adoption ............................................................. 19
7.4 Ordinance Preservation ........................................................................... 20
8.0 PROCEDURES REGARDING PUBLIC HEARINGS .......................................... 20
8.1 General .................................................................................................... 20
8.2 Staff and Written Material Presentation ................................................... 20
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8.3 Public Hearing ......................................................................................... 20
8.4 Council Deliberations ............................................................................... 21
8.5 Council Action .......................................................................................... 22
8.6 Extra-Meeting Contacts on Matters Set for Public Hearing ...................... 23
9.0 CENSURE OF MEMBERS ................................................................................. 23
9.1 Grounds for Censure ............................................................................... 23
9.2 Censure Defined ...................................................................................... 23
9.3 Censure Considered in Indemnification ................................................... 24
9.4 Notice and Opportunity to Cure ............................................................... 24
9.5 Initiation of Proceedings ........................................................................... 24
9.6 Hearing .................................................................................................... 24
9.7 Failure to Censure ................................................................................... 25
9.8 Sanctions ................................................................................................. 25
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES ............. 25
10.1 Mayor/Council Committees ...................................................................... 25
10.2 Creation of Advisory Boards and Committees ......................................... 26
10.3 Council Subcommittees ........................................................................... 26
10.4 Use of Email ............................................................................................ 27
10.5 Defense and Indemnification ................................................................... 27
11.0 PUBLIC RECORDS AND USE OF EMAIL ......................................................... 28
11.1 General. ................................................................................................... 28
11.2 Must Use City Email Account. .................................................................. 28
11.3 Use of Private Email Accounts Prior to the Adoption of These
Rules. ....................................................................................................... 28
11.4 Public Records Requests. ........................................................................ 28
11.5 Staff to Review City Accounts. ................................................................. 28
11.6 Emails in Possession of Councilmember. ................................................ 29
11.7 City Attorney Review................................................................................ 29
11.8 Definition of Public Records. .................................................................... 29
11.9 Exceptions ............................................................................................... 29
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS ........................................ 29
12.1 General. ................................................................................................... 29
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12.2 Grounds for not Defending; Scope of Duties ........................................... 29
12.3 Cooperation in Councilmembers’ Defense ............................................... 30
12.4 City’s Duty to Defend – Limitations .......................................................... 30
12.5 Reservation of Rights by City ................................................................... 30
13.0 SUSPENSION AND AMENDMENT OF THESE RULES .................................... 30
13.1 Suspension .............................................................................................. 30
13.2 Amendment ............................................................................................. 30
14.0 MOTIONS AND VOTING ................................................................................... 31
14.1 Table of Motions ...................................................................................... 31
14.2 Motion to be Stated .................................................................................. 31
14.3 Voting....................................................................................................... 31
14.4 Votes Needed .......................................................................................... 31
14.5 Abstentions .............................................................................................. 32
14.6 Motion to Reconsider ............................................................................... 33
14.7 Votes of Members Previously Absent ...................................................... 33
14.8 Precedence of Motions ............................................................................ 34
15.0 BROWN ACT DEMANDS FOR CORRECTION ................................................. 34
15.1 Requirement of Written Demand ............................................................. 34
15.2 Consideration of Corrective Action .......................................................... 35
15.3 Implementing Corrective Action ............................................................... 35
16.0 CODE OF CONDUCT ........................................................................................ 36
16.1 Statement of Purpose .............................................................................. 36
16.2 General .................................................................................................... 36
16.3 Rules of Civility ........................................................................................ 37
16.4 Disclosure of Information ......................................................................... 40
16.5 Improper Representation ......................................................................... 40
16.6 Non Interference with Administration ....................................................... 40
16.7 Decorum and Order – Employees ........................................................... 41
16.8 Not Solicit Political Support ...................................................................... 41
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
1.0 AUTHORITY, INTERPRETATION
As provided by Government Code Section 36813, the City Council hereby
establishes these Rules of Procedure (the “Rules”) for the conduct of meetings and of
City business generally. These Rules shall be interpreted and administered to be
consistent with the Rancho Palos Verdes Municipal Code (“RPVMC”), and state laws.
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.
Additionally, City commissions, committees and advisory bodies shall generally
administer their meetings in accordance with these Rules. In addition to these Rules,
the City Council has adopted Protocols for Officials (the “Protocols”) and by motion
adopted various policies (the “Policies”) establishing City procedures, which are
separately maintained. The Protocols have now been merged within these Procedures
and are no longer a separate document. These authorities shall be liberally constructed
and harmonized so as to carry out the City’s purposes which are to promote
transparency and citizen participation in a civil and respectful governance environment.
2.0 GENERAL RULES
2.1 Quorum
A majority of the members of the body, and in the case of the Council, 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 Councilmember is absent without permission from all regular Council
meetings for 60 days consecutively from the last regula r 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 Council shall be recorded by the City
Clerk or his/her designee and entered into the official minute books of the Council.
These minutes shall be available to the public following approval by the Council.
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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”, unless there are no
applicable provisions in which case the applicable provision of Robert’s Rules of Order
shall apply. However, no ordinance, resolution, proceedings or other action of the
Council will be invalidated, or the legality thereof affected, by the failure or omission t o
observe or follow said Rules. In the event of a conflict between the City’s Municipal
Code and/or these Rules of Procedure with the Rosenberg’s Rules of Order, the
provisions of the City’s Municipal Code shall prevail over other sources, and the Rules
and Procedures shall prevail over Rosenberg’s Rules.
2.6 City Manager
(a) General. The City Manager reports to and serves at the pleasure of
the Council and shall be governed by Chapter 2.08 of the RPVMC. 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.
(b) Attendance. 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 shall report to the Council on any proposed
periods of absence from the City and the reasons therefore. The City Manager will
regularly be available for emergency contact on a 24/7 basis. If the City Manager should
become or plans to become unavailable for any reason, the City Manager will notify the
Council and Staff in writing as to who is the acting Chief Executive of the City during
his/her absence. The City Manager should notify the Council and Staff in writing
immediately upon resuming his/her duties and becoming available.
(c) Duties. The City Manager shall have the duties specified in Section
2.08 of the RPVMC. The City Manager shall supervise staff to ensure that each staff
member maintains the policies and direction of the Council. The City Manager shall
keep the Council informed as to the administration of the City, and shall report on all
activities, meetings, and functions, including all conferences and gatherings attended on
behalf of the city.
(d) Business Trips and Travel. The Council will be advised in writing of
the City Manager’s planned city business trips for conferences, meetings and seminars
on an annual basis, within the first 30 days of the calendar year or within the first 30
days of employment, as applicable. Should a business trip become necessary that had
not been previously scheduled and noticed via the aforementioned process, the City
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Manager will give as much advanced notice as possible, but no less than 14 days prior
to the conference, meeting or seminar and will not make arrange ments until 48 hours
has passed from the time notice is sent to the Council. The Council will be given at least
30 days advanced notice on proposed vacation travel for periods longer than 2 days.
Said notification will not apply to sick leave or emergency leave situations. The City
Manager will promptly notify the Council via email of any changes to scheduled/planned
trips or meetings.
(e) Expense Reports. The Director of Finance will produce detailed
expense reports of all expenses for which reimbursement has been requested within 15
days after the close of each calendar quarter. The format of the report will be approved
by the Council. The City Manager shall only submit city business expenses for
reimbursement, providing all the requisite backup, including invoices, receipts and/or
other similar documentation.
(f) Advice of Council. Matters of significant importance (i.e., the
hiring/appointment of senior or highly compensated staff or third party contractors,
changes in the interpretation of the RPVMC, interaction or decisions with respect to high
profile city residents/businesses, notification of significant changes to contracts,
interaction or decisions with respect to any individual or entity that has initiated or
threatened litigation, issuance of any press release, etc.) will require written notification
to the City Council within two days thereof. Thereafter, upon the request of any
Councilmember, provided no detrimental reliance has arisen therefrom, the matter shall
be placed on a public agenda for consideration by the Council .
2.7 City Attorney
(a) Authority. The City Attorney, or deputy, shall attend all meetings of
the Council unless excused and shall attend all meetings of such other boards and
commissions as directed by the Council or City Manager. The City Attorney serves as
advisory parliamentarian for the City. Final rulings on parliamentary procedure are made
by the Presiding Officer. All ordinances and resolutions and all contracts, deeds,
easements or other legal instruments shall be approved as to form and legality by City
Attorney. In any case of ambiguity or uncertainty in the interpretation or application of
this Manual to any procedure, the Presiding Officer may direct such question to the City
Attorney for a ruling.
(b) Attorney-Client Privilege. The City Attorney is the legal
representative of the City acting through its City Council. Any member of the Council
may request from the City Attorney a legal opinion regarding any matter related to the
interests of the City. Where a legal opinion involves substantial cost, the request for the
opinion must first be approved by the City Manager or by a majority of the Council.
There is a continuing legal question as to whether the City Attorney may have an
attorney-client relationship with any individual member of the Council or the staff. As a
consequence, any discussion with the City Attorney which leads to the conclusion that
the interests of the City are at risk must be revealed to all relevant members of the
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Council and the staff by the City Attorney. The City Attorney shall not have an attorney-
client relationship with individual Councilmembers. The City Attorney is required to
maintain the confidentiality of such communications from persons outside the City to the
extent required or permitted by law and the code of ethics.
(c) Conflict Opinions. The City Attorney has no statutory duty or
authority under the Political Reform Act to provide Political Reform Act advice to any
Councilmember but should provide advice to members when requested. However, a
Councilmember may not rely on advice from the City Attorney to provide him or her with
immunity from Fair Political Practices Commission (“FPPC”) enforcement or
prosecution. Such immunity may be obtained only through a written advic e letter
obtained from the FPPC by the Councilmember. A Councilmember enjoys no privilege
of attorney-client confidentiality with the City Attorney any such advice cannot be
withheld from the rest of the Council. If, after receipt of an opinion of the City Attorney,
the Councilmember wishes to participate in the decision-making process with immunity
from prosecution, the City Attorney shall assist the Councilmember in making direct
contact with the FPPC for informal or formal advice upon which the Councilmember can
rely.
(d) Amicus. From time to time, other jurisdictions or the League of
California Cities or other regional or statewide association will ask the City to participate
in the filing of a letter or brief before a court in a matter deemed to be of concern to
cities generally and which would benefit the City. These “friend of the court,” or “amicus”
briefs show the court that its decision will have broad impact. Such participation is
normally without direct cost to the City. In considering whether to direct City Attorney to
file an amicus brief, the Council shall consider whether such brief would benefit or
conflict with other City-related interests such as, without limitation, the interests of
employee organizations, law enforcement or public safety.
(1) Upon receipt of the request, the City Attorney shall make the
request available through the City Manager to the Council. Upon a determination by any
Councilmember that there is an interest in participating in the action in the manner
proposed, the Councilmember shall inform the City Manager or City Attorney who shall
place the matter as an item for discussion in closed session on the agenda of the n ext
Council meeting. The City Attorney may also place an amicus request on the agenda on
his or her initiative.
(2) In lieu of the foregoing process, where there is urgency to
the matter, the City Attorney is authorized to undertake the filing of the letter or brief
where (i) in the opinion of City Attorney the legal matter significantly affects the interests
of the City, (ii) the City Attorney has consulted with and received the approval of the City
Manager, (iii) the cost to the City will not exceed $5000, and (iv) the City Attorney
makes a written report of the action to the Council.
(3) Approval given to City Attorney to defend, seek or refrain
from seeking, appellate review or relief, or to enter as an amicus curiae in any form of
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litigation as the result of a closed session consultation shall be reported in open session
at the public meeting during which the closed session is held. The report shall identify, if
known, the adverse party or parties and the subs tance of the litigation. In the case of
approval given to initiate or intervene in an action, the announcement need not identify
the action, the defendants, or other particulars, but shall specify that the direction to
initiate or intervene in an action has been given and that the action, the defendants, and
the other particulars shall, once formally commenced, be disclosed to any person upon
inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of
process on one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
2.8 City Clerk
(a) General. 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 ensure that all agendas are
prepared, noticed, and distributed in accordance with the Brown Act. 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.
(b) Minutes. An account of all proceedings of Council open meetings
shall be kept by the City Clerk. The City Clerk shall prepare an abbreviated record of the
meetings proceedings for approval by the Council, which when adopted by the Council,
shall be the official Minutes of the meeting. Amendment of the minutes may be made
only as to factual accuracy and not as to a change of intent. The Minutes of the meeting
need not be verbatim. Only the best and most complete available recording of the
meeting shall constitute the official record of the Council, but the Minutes shall
constitute the official record of the Council meeting where a verbatim record of the
meeting is not available.
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.
2.10 Power to Issue Subpoenas
The Council may issue subpoenas requiring attendance of witnesses, or
production of books, or other document for evidence, or testimony any action or
proceeding pending before it. (Govt. Code § 37104.) Subpoenas shall be signed by the
Mayor and attested to by the City Clerk. They may be served in same manner as
subpoenas in civil actions.
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3.0 TYPES OF MEETINGS
3.1 Public Meetings
In accordance with the Brown Act (Govt. Code §§ 54950 et seq), all meetings of
the Council and all its commissions, committees and bodies, including standing
committees, shall be open to the public, except for (i) portions of meetings which can be
conducted in closed session, (ii) meetings of less than a quorum, or (iii) meetings of
non-governing bodies operating in a wholly advisory role.
3.2 Regular Meetings
The Council shall meet in the Council Chambers located at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, for all regular meetings. Regular
meetings of the 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:
(a) 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.
(b) When an official City holiday falls on the first or third Tuesday of
any month, the meeting shall be held on the next succeeding day that is not a holiday.
Only closed sessions and study sessions may be held between six p.m. and
seven p.m. unless a regular meeting is adjourned to, or a special meeting is called for,
such time. All study sessions shall be noticed and open to the public and taped for
future telecasting on local TV provided that no telecasting is required during closed
sessions.
No study session or closed session will be held during such hours unless the
agenda is posted at least seventy-two hours prior to the meeting as required by Section
54954.2 of the California Government Code. No action shall be taken during any study
session held between such hours unless the agenda so provides.
The Council will adjourn its meetings on or before 11:00 p.m. and will not
consider new business items after 10:15 p.m., unless the majority of the
Councilmembers who are present affirmatively vote either to extend the meeting after
11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all of
the items listed on the agenda are completed, any unfinished business will be continued
to the next regular meeting unless the Council determines to consider the matter(s)
earlier at an adjourned regular meeting. The City Clerk, or his or her deputy, will post
notice of any continued hearing or other unfinished business, as required by law.
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3.3 Notice of Regular Meetings
For every regular Council meeting, the City Clerk or his or her designee, shall
post a notice of the meeting, specifying the time and place at which the meeting will be
held, and an agenda containing a brief description of all the items of business to be
discussed at the meeting, as set forth in Section 5.2. The notice and agenda may be
combined into a single document.
The notice and agenda must be posted at least seventy-two (72) hours before
the regular meeting in a location freely accessible to the public twenty-four (24) hours a
day during the seventy-two (72) hour period and where the notice and agenda is not
likely to be removed or obscured by other posted material, in the manner provided in
Section 3.5. Specifically, the notice and agenda shall be posted at the places indicated
below, and/or at such other location(s) as the City Clerk may designate:
City Hall
City Website
The locations for posting may be revised from time to time by resolution of the Council.
3.4 Adjourned Meetings
Any meeting of the 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.
3.5 Special Meetings
Special meetings may be called by the Mayor, or by a majority of the
Councilmembers, by delivering written notice to each Councilmember and to each local
newspaper of general circulation and any radio or television station requesting such
notice, in accordance with Government Code Section 54956. The notice for a special
meeting must specify the subject(s) to be considered, and only the matters specified in
the notice may be discussed at special meetings. The notice for a special meeting shall
be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a
location that is freely accessible to the public twenty-four (24) hours a day and where
the notice is not likely to be removed or obscured by other posted material. Specifically,
the notice shall be posted at the same locations designated for posting of the regular
agenda, and at such other location(s) as the City Clerk may designate.
3.6 Closed Session Meetings
(a) Generally. The Council may hold closed sessions during a regular
or special meeting, or at any time otherwise authorized by law, to consider any matter it
is authorized to consider in closed session. Public comment shall be permitted on
closed session matters prior to the closed session. If a closed session is included on the
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agenda, the description of the item shall meet the requirements of and shall identify the
statutory basis for the closed session. During closed session, the Council shall exclude
all persons which it is authorized by state law to exclude from a closed session. No
minutes of the proceedings of the Council during a closed session are required. Closed
session may not be held regarding a matter not listed on a properly posted agenda for
closed session except upon the Council first taking action to place the item on the
agenda as a closed session item as provided in Section 5.1 and as permitted by law.
(b) Confidentiality. No person attending a closed session shall publicly
discuss or otherwise reveal the discussion, content, and/or proceedings of the closed
session unless such disclosure has been approved by the vote of the Council taken
during the closed session or as otherwise required by law. Violation of this rule may
subject the violator to various penalties including (i) censure by the Council as provided
in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under
Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv)
civil actions, including issuance of an injunction. To that end, an admonition shall be
added to every City Council agenda noting the privilege of the Closed Session and
warning of the legal consequences of violating the same. If minutes are kept, they are
not a public record and shall be kept confidential and shall be available only to
Councilmembers or as otherwise provided by law (Government Code § 54957.2(a)).
(c) Public Reports. Before recessing into closed session, the Presiding
Officer or City Attorney shall announce that the body is recessing into closed session
and shall name each closed session topic that will be discussed in closed session.
Public comment will be allowed on closed session agenda items prior to the closed
session. Upon leaving closed session, the Presiding Officer or City Attorney shall report
publicly any reportable actions taken on a closed session matter and, if any vote was
taken, shall announce that the matter was put to a vote, the results of the vote, and how
each Councilmember voted.
3.7 Study Session Meetings
The Council may meet informally in conference or “study” sessions regarding
concerns of the Council to gather and exchange information, and such meetings shall
be subject to the Brown Act, provided that all discussions and conclusions shall be
informal. Such meeting shall be called in the same manner as for special meetings or
adjourned meetings, as applicable. Each notice shall indicate that an opportunity for
public comment shall be provided before any matter shall be determined. When a
meeting has been designated a Study Session, the Council shall not take any action
with respect to the matter under study other than directing the City Manager to take
action on a particular item which will be brought back before the Council for formal
action or with prior public notice appearing on a properly posted agenda of such intent
to take action.
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3.8 Media Attendance
Except for closed sessions, all meetings of the Council and City boards 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.
3.9 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.
3.10 Redevelopment Successor Agency and Improvement Authority Business
Unless otherwise directed by the Council, upon adjournmen t of the regular
Council meeting held on the first Tuesday of each month, the Council will meet as the
Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as
the Rancho Palos Verdes Improvement Authority. The meeting of these bodies shall be
conducted in accordance with these Rules.
3.11 Civic and Other Events
(a) Notify City Manager of Meeting. If a quorum or more of the
Members of the Council will attend an event where City business will be discussed by a
quorum of the Council, the Councilmembers shall notify the City Manager so that the
event can be noticed as a Council meeting in accordance with the provisions of the
Brown Act.
(b) Attendance at Conferences and Social Events Permitted.
Notwithstanding the foregoing, three or more members of the Council may attend
conferences and social or community events in accordance with the Brown Act so long
as City business is not conducted at such events. In the event City expenditure is
proposed for other invited guests (as permitted by state law), such expenditure must be
approved by the Council at a regularly scheduled Council meeting that is held in
advance of the event.
4.0 OFFICERS
4.1 Election of the Mayor
The Mayor is a member of the Council and shall be publicly elected by a majority
vote of Council at the first regular meeting in December or, in the case of an election
year, upon certification of the election results. The individual who is elected by the City
Council as Mayor serves as Mayor at the pleasure of the Council. As a Councilmember,
the Mayor shall have all the powers of a member and only such additional powers as
specified herein or in the RPVMC.
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4.2 Mayor Pro Tem
The Mayor Pro Tem is a member of the City Council and shall be publicly elected
by a majority of the Council. The individual who is elected by the Council as Mayor Pro
Tem serves as Mayor Pro Tem at the pleasure of the Council. Should the Mayor, for
any reason, be out of Los Angeles County for a period of 24 hours or longer, he / she
shall notify the Mayor Pro Tem and the City Manager of his/her intent and the Mayor
Pro Tem will assume the Mayor’s duties until the Mayor has notified the Mayor Pro Tem
and the City Manager of his/her return to Los Angeles County.
4.3 Presiding Officer
(a) Determination of Presiding Officer. The Mayor, if present, shall
preside at all meetings of the Council as the Presiding Officer . In the Mayor’s absence,
the Mayor Pro Tem shall preside. In the absence of both, the Councilmembers present
shall elect a temporary Presiding Officer.
(b) Presiding Officer Participation. The Presiding Officer’s most
important function is to run an efficient meeting and to move the discussion forward and
encourage participation. Notwithstanding the Presiding Officer may move, second, and
debate from the Chair, and shall not be deprived of a ny rights and/or privileges of a
Councilmember.
(c) Obligations of Presiding Officer. The Presiding Officer shall have
the authority to rule any speaker out of order, including speakers during the public
comment period, if the subject raised is not within the subject matter jurisdiction of the
Council, or during a public hearing if the speaker is not presenting testimony or
evidence relevant to the matter which is the subject of the public hearing. The Presiding
Officer shall have the responsibility for the conduct of meetings in an orderly manner
and to prevent the obstruction of business, and in carrying out this responsibility, shall
have the authority to give the floor to any Councilmember or public by recognizing them,
to prevent the misuse of legitimate forms of motions or privileges, to take matters up
that are deemed out of order, to caution speakers as to disruptive behavior, and to order
any persons willfully interrupting the meeting to be removed from the room , as provided
in Sections 4.6 and 6.2. Where large numbers of speakers wish to address a matter, the
Presiding Officer can shorten the normal time period for speaking, call for
representatives to speak for the group, and/or limit repetitious speakers.
4.4 Point of Order
Any determination made by the Presiding Officer can be questioned by raising a
point of order, and if the determination is not satisfactorily modified by the Presiding
Officer, it may be appealed by the making of a Motion to Appeal the Ruling by a ny
Councilmember. The Presiding Officer’s determination will stand unless a majority of the
Councilmembers vote in favor of the Motion to Appeal the Ruling, in which case the
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ruling of the Presiding Officer will be overridden. The Motion to Appeal the Ruling is
governed by the Chart of Motions attached as Exhibit A.
4.5 Personal Privilege
If a Councilmember is personally offended by the remarks of another member,
the offended Councilmember may call for a “point of personal privilege” that challenges
the other member to justify the remarks or apologize for the language used. The
Presiding Officer will maintain control of such discussion. The right of a member to
address the Council on a question of personal privilege shall be limited to cases in
which his integrity, character, or motives are assailed, questioned or impugned.
4.6 Preservation of Order
The Presiding Officer shall preserve strict order and decorum, and shall confine
debate to the item under discussion, and shall discourage debate between
Councilmember’s and persons addressing the Council. Any person conducting their
public remarks or behavior before the Council in such a way as to actually cause
disruption to the conduct of the meeting, may be removed from the room by the
enforcement officer as directed by the Presiding Officer. Remarks from the audience,
stamping of feet, whistles, yells and similar disruptive demonstrations shall not be
tolerated nor permitted by the Presiding Officer, who may direct the enforcement officer
to remove such offenders from the room or call a recess of the meeting whereby the
Council will leave the chamber and the chamber may be cleared. Aggravated cases
may be prosecuted on appropriate complaint signed by the Presiding Officer. In
accordance with Section 6.2, the Presiding Officer shall provide a verbal warning prior
to ordering removal of any person unless circumstances make it unreasonable to do so.
4.7 Councilmember Decorum
(a) Recognition. Any Councilmember wishing to speak, or any member
of the public wishing to address the Council, must first obtain the floor by being
recognized by the Presiding Officer. The Presiding Officer must recognize any
Councilmember who seeks the floor when appropriately entitled to address the Council.
The Presiding Officer should generally recognize a councilmember who has not spoken
before recognizing a Councilmember a second time. The Councilmember shall confine
himself or herself to the question under debate.
(b) Motions. Any Councilmember, including the Presiding Officer, may
bring a matter of business properly before the Council for decision by making a motion.
All motions require a second. Without a second, the motion will die. Once a motion is
seconded, it may be opened for discus sion and debate, but the Presiding Officer may
permit discussion prior to the motion. Once the Council has had a chance to speak in
favor or against the motion, the Presiding Officer will call for a vote. Any
Councilmember, including the Presiding Officer, except the Councilmember making the
motion, may second a motion.
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(c) Interpretation. A Councilmember, once recognized, shall not be
interrupted while speaking unless called to order by the Presiding Officer, unless a Point
of Order is raised by another Councilmember, or unless the Councilmember chooses to
yield to questions from another Councilmember. Any Councilmember called to order
while speaking shall cease speaking immediately until the question of order is
determined.
(d) Enforce Rules. Any Councilmember may move to require the
Presiding Officer to enforce rules, and the affirmative vote of a majority of the Council
shall require the Presiding Officer to so act.
(e) Texting. Councilmembers shall not engage in communications
between themselves or members of staff during the Council meeting (including breaks)
regarding matters being considered on the agenda unless and until the Council has
opened that agenda item. No electronic texting is permitted between Councilmembers,
or between Councilmembers and the public during meetings. In order to minimize
exposure to a Brown Act violation, Councilmembers are discouraged from discussing
any City business during breaks or before and after meetings . City business may only
be discussed by a quorum of Councilmembers when opened as a duly-noticed agenda
item.
(f) Discussion/Debate. Councilmembers shall practice civility and
decorum in discussions and debate, and shall honor the authority of the Presiding
Officer in maintaining order.
5.0 AGENDAS
5.1 No Discussion of Item Not on Agenda
No action or discussion shall be undertaken on any matter not appearing on a
properly posted agenda except (i) councilmembers or staff can briefly respond to
statements or questions arising during public comments (Section 6.1(d)); (ii) oral reports
may be given pursuant to Section 5.1; and (iii) matters are added by a 2/3 vote of the
members present, or if less than 2/3 are present, a unanimous vote of those present,
where a finding is made that there is a need to take immediate action and the need to
act arose subsequent to the posting of the agenda; and (iv) such other causes permitted
by the Brown Act (G.C. 54954.2). An “action is taken” within the meaning of the Brown
Act when a collective decision is made by a majority of the Councilmembers, including a
collective commitment or promise to make a positive or negative decision upon a
motion, proposal, order, or other action.
5.2 Agenda Description
The agenda description may be brief but with sufficient detail so that a person
otherwise unaware of the topic could determine the general nature or subject matter of
the item by reading the agenda. Recommended actions will be listed on the agenda.
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5.3 City Manager Prepares Agenda With Mayor Oversight and Concurrence
The City Manager prepares the agenda in conjunction with and with the
concurrence of the Mayor, including the order and priority of agenda items. In
establishing the agenda, consideration should be given to the estimates of time required
for the Council to review, consider and take action regarding each agenda item and the
meeting deadlines established in Section 3.2. In the absence of the Mayor, the Mayor
Pro Tem will assume this responsibility as the Council’s representative. The Mayor will
provide the appropriate oversight to ensure that agenda items a re timely and responsive
to the needs of the residents. The City Manager is responsible for having appropriate
staff reports with sound professional recommendations ready for inclusion in all Council
Agenda packages. Should occasions arise where that is no t possible, the City Manager
will so advise the Mayor who will decide a course of action.
5.4 Scheduling Tentative Agenda Items
All members of the Council shall be made aware of tentative agendas for
upcoming meetings on a weekly basis. Individual Councilmembe r’s may request that an
item currently included and listed as a tentative agenda item be placed on a specific
agenda by making such requests to either the Mayor or the City Manager. The Mayor
may decide that other issues have greater priority and will either schedule the item for a
different agenda or deny the request.
5.5 For Future Agenda Items
If the Mayor declines to place the requested item on an upcoming Council
agenda, the Councilmember may then make the request directly to the Council at a
Council meeting under the business item entitled “Tentative Agenda Items” and a
majority of the Councilmembers must vote to place the item on a specific agenda, and if
that action is taken, the Council will specify the meeting agenda upon which the item
shall be placed.
5.6 Staff Reports
With the exception of consent calendar items, Allall agenda items shall be
accompanied by a staff report. Staff shall strive to provide staff reports to the Council
with sound, professional recommendations on a course of action for all City issues to
the maximum extent practical along with pertinent facts and analysis to enable the
Council to make an informed decision. The report shall include specific
recommendations in the form of a motion which could be taken, along with alternative
actions which could be taken. If a Councilmember prepares a report for an agenda item,
it shall be submitted to the City Manager at the same time that other agenda reports are
to be submitted.
It is within the prerogative of the Council to, by unanimous consent, to waive the
actual oral presentation of any report.
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5.7 Order of Business
(a) Call to Order, Roll Call, Pledge of Allegiance
(b) Closed Session Report
(c) Ceremonial
(d) Mayor’s Announcements
(e) Drawings (Recycling and Others)
(f) Approval of Agenda
(g) Public Comments
(h) City Manager Report
(i) Consent Calendar
(j) Public Hearings
(k) Regular Business
(l) Future Agenda Items
(m) Council Oral Reports
(n) Adjournment
5.8 Agenda Preparation Distribution
The Agenda shall be delivered to the Mayor and Councilmembers as soon as
practicable after 5:30 p.m. on the WednesdayTuesday preceding the Tuesday meeting.
The agenda shall be posted on the bulletin board at City Hall at the same time that it is
distributed to the Councilmembers. If the agenda is distributed to Councilmembers after
5:30 p.m., the full agenda packet, including reports, shall be made available to the
public upon request without delay, in accordance with the provisions of the Brown
Act. Closed session reports will be delivered to Councilmembers by the Friday evening
prior to the meeting, unless circumstances prevent such distribution.
5.9 Agenda Posting
In accordance with Section 3.3 herein, 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.
5.10 Minutes
Minutes will be approved by posting them as a Consent Calendar item and after
the City Clerk previously furnished a copy to each Councilmember.
5.11 Public Comments
During Public Comments, any person may address the Council on any subject,
provided that the item is within the subject matter jurisdiction of the Council and is not
otherwise on the agenda. Comments shall conform with Section 6.1.
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5.12 Public Hearings
Items requiring a Public Hearing will be published and/or mailed to property
owners as required by law. Public hearings shall be conducted in accordance with
Article 8.0.
5.13 Consent Calendar
(a) Items Appropriate for Consent Calendar. Items listed under the
Consent Calendar are those items the City Manager believes, and the Mayor concurs,
will not normally require Council discussion and are considered ministerial and routine,
or of a periodic or recurring nature. The Consent Calendar may also contain resolutions
confirming prior Council action. However, the Consent Calendar is not for new policies
that have not been discussed previously by the Council or any item that is anticipated to
require discussion by the Council. Accordingly, any matter where the City Manager with
the concurrence of the Mayor, believes (i) it unlikely that there would be unanimous
approval by the Council, or (ii) there is likely to be public comment on the matter, or
(iii) a public presentation of the matter would be beneficial to the community, should be
on the Regular Business portion of the meeting.
(b) Excluded Consent Items. 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 Council. If an item has been removed from the Consent Calendar, and a member of
the public has requested to speak on that item, the item shall be pulled from the
Consent Calendar and heard immediately after the approval of Consent Calendar.
5.14 Oral Reports
(a) General. Regular agenda items include oral reports by the Council
and City Manager. These can be used to inform the public concerning upcoming events,
report on attendance at conferences and seminars, or similar matters. These matters
may not be discussed, opined upon or deliberated, and if they do not concern a matter
on the agenda, shall be handled by the Presiding Officer according to the same
procedures set out for Public Comment in Section 6.1(d). No action may be taken on
such matters without being placed on a subsequent agenda.
(b) Council Reporting Obligations. Councilmembers have reporting
obligations as to events attended as an elected official of the City. The Mayor may, with
the consent of the Council, limit the time for such reports or defer them to a future
meeting, provided that the Councilmember’s legal reporting obligations are met.
Councilmembers are required to provide a brief oral report on their attendance at any
meetings where City funds have been expended. Detailed reports should be made in
writing. Written reports will be posted on the City’s website. Reports should generally
omit functions that are purely of a social, charitable, or personal nature.
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(c) City Manager Reports. The agenda matter referred to as City
Manager Reports may be used by the City Manager as provided in Subsection (a)
above to make announcements without separately listing each item on the agenda, and
subject to the same restriction that there may be no discussion or action on such matter
without being placed on a subsequent agenda.
6.0 CITIZENS’ RIGHTS
6.1 Addressing the Council
(a) Times for Public Comment. Any person may address the Council
on the following portions of the agenda:
(1) Public Comments as provided in Section 5.5.
(2) Public Hearings as provided in Article 8.0.
(3) All other portions of the agenda prior to a vote, if any, being
taken.
(b) Comments on Agenda Items. Members of the public shall have the
opportunity to address the Council on each and every item listed on the agenda. Public
comment on agenda items will generally be heard prior to Council
consideration/discussion of the item. Public comments on an agenda item may be heard
either in combination with the General Public Comment period at the start of the
meeting, or at the time the Council opens the item, or both, as determined by the
Council and set forth in the agenda.
(c) Procedures for Public Comment.
The following shall apply:
(1) Each person addressing the Council shall step to the podium
and give their name for the record and identify the subject
matter of the comment. The giving of an address is strictly
voluntary.
(2) Each speaker is limited to three minutes on Public
Comments. All remarks shall be directed to the Mayor and
Council as a body and not to any particular member.
(3) No person, other than members of the Council and the
person having the floor, shall be permitted to enter into the
discussion.
(4) No question shall be asked of Councilmembers or staff
except through the Mayor.
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(5) The 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) All questions from Councilmembers must be limited to facts-
only informational inquiries, and the Council may not discuss
the merits, express any opinions or ask questions that
convey opinions or thought processes with respect to any
non-agendized issue.
(7) These guidelines will generally apply to special meetings as
well, but the Council reserves the right to otherwise limit or
preclude Public Comments during special meetings to items
listed on the agenda of the special meeting.
(d) Response to Comments. At the close of the speaker’s comments,
or the close of the period for public comment , the Presiding Officer may ask staff to
respond to the speaker’s comments. Unless there is an agenda item on the subject, the
speaker comments may not be responded to substantively. If there is an agenda item,
the substantive response shall be deferred until the matter is considered . The Presiding
Officer may only refer the matter to staff for investigation and/or response; or request
that the matter be placed on an agenda for a subsequent meeting for action by the
Council.
6.2 Disorderly Conduct
(a) Disorderly Conduct Prohibited. No speaker or person in the
audience at a Council meeting shall engage in disorderly or boisterous conduct,
including the utterance of loud, threatening, or abusive language, whistling, stamping of
feet, booing or other acts which disturb, disrupt or otherwise impede th e orderly conduct
of any Council meeting. Applause will be permitted, as deemed acceptable by the
Presiding Officer, except during public hearing items.
(b) Examples. Examples of remarks or behavior that can cause actual
disruption of the Council proceedings include but are not limited to:
(1) Failure to comply with an order to be seated or refrain from
disrupting the meeting.
(2) Interrupting speakers.
(3) Calling members of the audience names.
(4) Extended discussion of irrelevancies or being unduly
repetitious.
(5) Physical threats.
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(6) Shouting into the microphone.
(7) Dumping items on the floor of the chamber or using similar
physical props.
(8) Speaking past time limits unless a time extension is
requested and areis granted.
(9) Constant interruptions.
(10) Interruption of the meeting to make “objections”.
Examples of conduct judicially determined not to be disruptive include (i) silent
gestures by members of the audience, such as a thumbs up or thumbs down , or salutes
that are not otherwise disruptive of the meeting, or (ii) catcalls or booing during a time
allowed for applause that does not otherwise disrupt the meeting. Mere criticisms of
public officials or staff that may reasonably be inferred as showing disrespect or tending
to embarrass such officials, without other conduct disrupting the meeting, is not
considered disorderly conduct.
(c) Sanction. Any person who conducts himself or herself in the
aforementioned manner shall, at the discretion of the Presiding Officer or by a majority
of the Council, pursuant to a point of order requested pursuant to Section 4.4 of these
Rules, be barred from further audience before the Council during the meeting. The
Presiding Officer shall request that a person who is breaching these Rules be orderly
and silent. If, after receiving a warning from the Presiding Officer, a person persists in
disturbing the meeting, the Presiding Officer may order the person to leave the Council
meeting. If such person does not immediately remove himself or herself, the Presiding
Officer may order any law enforcement officer who is on duty at the meeting or a
sergeant-at-arms of the Council, to remove the person from the Council Chambers.
Alternatively, the Presiding Officer may recess the meeting until a law enforcement
officer is able to arrive and remove the disruptive person.
(d) Clearing Room. As set forth in Government Code § 54957.9, in the
event that any meeting is willfully interrupted by a group or groups of persons so as to
render the orderly conduct of such meeting infeasible, and if order cannot be restored
by the removal of individuals who are willfully interrupting the meeting, the
Councilmembers may order the meeting room cleared and continue the meeting. Only
matters appearing on the agenda may be considered in such a session. Duly accredited
representatives of the press or other news media, except those participating in any
disturbance, shall be allowed to attend the session held pursuant to this Section.
Nothing in this Section shall prohibit the Council from establishing a procedure for
readmitting an individual or individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
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6.3 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 Council.
6.4 Written Communications
Any person(s) may submit written comments to the Council through the City
Clerk or City Manager’s office and request that Council receive copies in the agenda
packet, provided such written comments are received in sufficient time to include them
in the agenda packet. Written communications may consist of letters, facsimiles or
messages received by electronic mail. Written communications that are submitted after
the agenda has been distributed to the Council will be distributed to the Council as late
correspondence. It is strongly recommended that such communications be received by
the Monday preceding regular Council meeting in order for the Council , as well as the
public to have an opportunity to read the communication.
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
The content and form of all ordinances and resolutions shall be approved by the
City Attorney. All ordinances shall be clear and a statement of intent is included when
useful for future interpretation. No ordinance shall be prepared for presentation to the
Council unless ordered by a majority vote of the Council.
7.2 Document Approval
All ordinances, resolutions, and contracts shall, before being placed on the
agenda, be approved as to form and legality by the City Attorney. All documents shall
be reviewed by the City Manager.
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Councilmember
disagrees that the ordinance can be read by title only and requests a full reading.
Ordinances introduced by first reading shall not be adopted within five days of the
introduction, nor at other than a regular or an adjourned regular Council meeting. If the
ordinance carries an urgency clause, introduction and adoption may occur at the same
meeting. After an ordinance has been introduced for first reading, it can be placed on
the Consent Calendar for adoption at a subsequent meeting. Voting requirements are
contained in Article 12 herein.
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7.4 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.
8.0 PROCEDURES REGARDING PUBLIC HEARINGS
8.1 General
When public hearings are required by law and involve the adjudication of
individual property rights and interests, they are considered to be quasi -judicial
proceedings in which the individual has due process rights. Accordingly, such hearings
need to be conducted formally and with due process to protect the rights of all persons.
Applicants are entitled to a decision by an unbiased body which has not prejudged the
matter before hearing all evidence relevant to the decision to be made.
8.2 Staff and Written Material Presentation
(a) Staff Report. Staff reports, which shall include the findings and
determinations that the Council is required to make, included in the agenda packet ,
along with written comments (e.g. protests, etc.) which have been received, are noted
for the record, and received and filed.
(b) New Written Material. Written material not in the agenda packet, if
any, is received and filed.
(c) Oral Report. Oral staff reports, if any, are presented by a staff
member, unless waived by the Council.
(d) Council Questions of Staff. Prior to hearing public testimony or
comments, Councilmembers are encouraged to raise factual issues or questions which
can clarify and identify issues of concern. Councilmembers shall refrain from asking
questions or expressing opinions which tend to show the Councilmembers have formed
opinions before the hearing has been conducted and public testimony received.
(e) Record. All the aforementioned materials shall be deemed a part of
the public record, even though the public hearing is not opened until conclusion of the
staff report. All discussions following the close of the hearing are also a part of the
record of the matter.
8.3 Public Hearing
(a) Hearing. Following the presentation of the staff report, the Presiding
Officer shall open the public hearing in order to take testimony from members of the
public who wish to testify in support or opposition to the matter being heard. The
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Presiding Officer may establish an order for speakers, such as those in favor or
opposed.
(b) Procedures. Based on the number of persons wishing to speak,
ground rules can be set as long as they are evenly applied, limiting speaker times,
providing for representative speakers and so forth. The Presiding Officer’s instructions
to the audience may vary and will depend upon the issue being discussed. Generally,
the instructions will follow these general guidelines:
(1) Participants must speak from the podium;
(2) The normal time limit for each speaker is three minutes;
(3) The testimony should be relevant;
(4) Repetition should be avoided;
(5) Speakers will be discouraged from reading a submission that
is already contained in the agenda materials;
(c) Speaker Time. Although the normal time limit is three minutes for
each speaker, the Presiding Officer may grant additional time to a representative
speaking for an entire group. However, this should not discourage anyone from
addressing the Council individually. Speakers may not allocate or assign their time to
another speaker. absent approval by the Presiding Officer.
(d) Principal Parties 10 Minutes Each. 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. Norma lly, the
applicants and appellants will be limited to a three minute rebuttal , if requested after all
other interested persons have spoken.
(e) Questioning Speakers. The Council will generally reserve
questioning of individual speakers until after the completion of the speaker’s testimony.
Questions still need to be factual and without bias until the hearing is concluded and all
testimony is received. Questions of staff should not be interjected when speakers are
questioned and questions of staff shall occur after the close of the hearing.
8.4 Council Deliberations
(a) Closure of Hearing. After the Presiding Officer has determined that
there is no more public testimony, the hearing will be ordered closed and the Council
will then deliberate on the matter. After the hearing is closed, there should be no further
public testimony unless the Presiding Officer reopens the hearing.
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(b) Answering Speaker Questions. At the Presiding Officer’s discretion,
after the close of the hearing, staff and/or Council may answer questions posed by
speakers during their testimony.
(c) Questions by Council. The Council may also ask staff to address
questions raised by the testimony, or to clarify matters.
(d) Debate. The Council will then debate and/or make motions on the
matter.
(e) Member Limitations. During Council deliberations, the Presiding
Officer will allow each Councilmember to speak once prior to allowing another
Councilmember to speak again. Councilmembers should strive to avoid repetition.
Councilmembers are permitted to ask questions of each other or debate relevant issues
as part of their deliberations.
8.5 Council Action
(a) Continuance. The Council may reopen and continue the hearing or
continue the matter without reopening the hearing.
(1) The matter should be reopened if any additional information
is requested to allow testimony on the new information when it is obtained.
(2) Continuing a public hearing to a specific date does not
require additional notice but would be re-noticed if no specific date is identified.
(b) Actions. The Council may:
(1) Vote on the item;
(2) Offer amendments or substitute motions to decide the
matter;
(3) Reopen the hearing for additional testimony;
(4) Continue the matter to a later date for a decision . No
additional testimony may be received if the hearing is not
continued.
(c) Findings. Councilmembers should generally explain their actions in
quasi-judicial matters, and should make appropriate findings to support their action.
Written resolutions may be adopted or prepared for a subsequent meeting.
(d) Tie Votes. A tie vote is, in effect, a denial of the matter. In the event
of a tie vote, (i) if a Councilmember was absent, or (ii) if it was a quasi-judicial matter,
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the matter will be automatically continued to the next meeting without reopening the
hearing. No motion to reconsider is required.
8.6 Extra-Meeting Contacts on Matters Set for Public Hearing
(a) Minimize Contact. Councilmembers should minimize their contacts
with developers, applicants, or other persons who will be the subject of a quasi-judicial
public hearing to be heard before the Council. Councilmembers should avoid extra-
meeting contacts with persons who will be the subject of a public hearing before the
body or with advocacy groups or special interest groups.
(b) Any Extra Meeting Comments Noncommittal. If a Councilmember is
contacted directly by such person outside the meeting setting, the Member shall refrain
from expressing any viewpoints or thought processes to the person until after the public
hearing. The Councilmember may explain that they are unable to express any viewpoint
on the matter until all evidence has been heard in the course of a public hearing and
should encourage any such person to present their position in writing or orally at the
public hearing.
(c) Disclosure. At the commencement of the public hearing, the
Councilmember must disclose publicly any extra-meeting contacts or discussions which
may be relevant to the decision.
(d) Inspection. The limitations set forth in this Section shall not be read
as preventing a Councilmember from inspecting a site that will be relevant to a public
hearing, although such sight inspection should be disclosed on the record at the
beginning of the public hearing.
9.0 CENSURE OF MEMBERS
9.1 Grounds for Censure
It shall be a violation of this section for any sitting Councilmember to violate any
general law or regulation, and any rule, law, ordinance or resolution of the City of
Rancho Palos Verdes. It shall also be a violation of this section for any sitting
Councilmember (i) to violate an administrative policy of the City which has been
adopted following a vote of the Council on the matter, or (ii) to act to impede the
carrying out of any lawful administrative action of the City Manager undertaken to carry
out any approved policy or rule of the City.
9.2 Censure Defined
Any violation of Section 9.1 by a Councilmember may be reprimanded through
the administration of a public censure of the member by the Council. Such censure may
be in addition to any other lawful action or punishment applicable to the violation. For
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purposes of this section, “censure” shall mean the adoption of a motion setting forth a
formal statement of disapproval of a Councilmember’s conduct.
9.3 Censure Considered in Indemnification
When evaluating a request for defense or indemnification made by the censured
member in litigation arising from the censured conduct, the record of the censure shall
be considered by the Council. Such record shall not be determinative. Failure of the
Council to censure the conduct of a member does not constitute a waiver of the body’s
right to refuse to indemnify or defend the member in an action.
9.4 Notice and Opportunity to Cure
A Councilmember may not be made the subject of a motion for censure without
first being given notice of the alleged violation and an opportunity to correct the
violation, if it can reasonably be corrected.
9.5 Initiation of Proceedings
Upon a continued violation or failure to correct, the charged Councilmember shall
be given notice and an opportunity to be heard as follows:
(a) Initiated by Member. Only a sitting Councilmember may initiate
proceedings for the censure of one of its members.
(b) Statement of Charges. Proceedings shall be commenced by the
presentation of a written statement of charges to the subject Councilmember with a
copy delivered concurrently to the City Clerk by the member initiating the charge.
Initiation shall not require the prior approval of t he Council. The statement of charges
shall be given at least ten (10) days prior to the meeting at which the censure motion is
proposed to be brought. The notice shall contain, at a minimum, the designation of the
specific rule, law, regulation, etc., which the member is claimed to have violated and a
statement of the date, place and time at which such violation occurred. The statement
shall further contain a description of the conduct of the member which is alleged to
constitute the violation. A copy of the statement of charges shall be delivered to all other
Councilmembers.
(c) Response. Within seven (7) days after delivery of the statement of
charges, the charged Councilmember should deliver a written response to the other
members of the Council unless the charged Councilmember chooses to defer the
response to the hearing.
9.6 Hearing
(a) Generally. The motion for censure shall be agendized and
considered at the first regular meeting occurring at least ten (10) days following the
delivery of the statement of charges to the charged Councilmember and City Clerk. The
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hearing may not be continued except upon the absence from the meeting of a member
of the Council other than the initiating Councilmember or the charged Councilmember.
(b) Open Hearing. The hearing shall be conducted in an open session
by the Mayor unless the Mayor is a party to the action, in which case the Mayor Pro
Tem or some other member shall conduct the proceedings.
(c) Procedure. The hearing shall generally proceed by a reading of the
charges by the initiating Councilmember. The charging Councilmember may present
witnesses; the charged Councilmember may answer in rebuttal; members of the public
may speak in favor of or in opposition to the charge; and the remaining
Councilmembers may speak to the charges in that order.
(d) Voting. Passage of the motion for censure shall require a majority
vote of the Council. The voting Councilmembers shall not recess to closed session for
deliberation.
9.7 Failure to Censure
If the motion for censure does not pass, the proceedings shall be concluded. A
new motion for censure on the same grounds of violation may not thereafter be
commenced against the same Councilmember for a period of one (1) calendar year
from date of the vote. However, new proceedings may be commenced on the same
charges within the one (1) year period on the affirmative or unanimous vote of the non-
charged Councilmembers.
9.8 Sanctions
If the motion for censure does pass, such motion shall become a part of the
public record, a copy of which shall be made available upon demand to any member of
the public, subject to the City’s Uniform Schedule of Fees, and notice of same shall be
placed in the administrative file of the Councilmember. The Council may impose any
sanctions authorized by law in conjunction with the censure of a Councilmember.
Additional sanctions may be imposed if the initial sanctions are ineffective.
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES
10.1 Mayor/Council Committees
At the first or second meeting in January of each year, subject to ratification by
the Council, the Mayor shall appoint Councilmembers to serve as delegates,
representatives and/or alternates on various committees, which require a Council
representative. Generally, appointments should recognize the interest and availability of
the proposed appointee and fairly distribute the workload amongst the Councilmembers.
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10.2 Creation of Advisory Boards and Committees
(a) Creation. The Council may create boards, commissions, or
committees to act as advisory boards to the Council. Creation may be by ordinance or
resolution specifying the duties of the body in the case of permanent bodies, or by
motion in the case of ad hoc bodies.
(b) Appointments. he Council shall make appointments to citizen City
boards, commissions, and committees pursuant to City Council Policy No. 6. All
applicants willmay be interviewed by the Council at a public meeting and shall be
appointed by a majority vote of the Council. All appointees serve at the pleasure of the
Council. The procedure of filling vacancies and provision of notice thereof shall be
subject to the provisions of the Maddy Act (Govt. Code §§ 54970 -54974) which require
a 10-day notice of the availability of the position for appointment.”
(c) Duties. Other than the Planning Commission, whose duties are
specified in the RPVMC and the California Government Code, the primary purpose of
City boards, commissions, and committees is to act in an advisory capacity as deemed
appropriate by the Council. The Council shall provide specific direction to each board,
commission, or committee as to what tasks or projects the Council desires the body to
accomplish and the method by which the body will report to the Council on their
activities. The City Manager shall assign a staff member to assist each body and to
provide necessary support. Should the City Manage r believe that a request by the body
is/are either inappropriate of excessive, the City Manager may bring the matter to the
Council’s attention.
(d) Advisory Formation. City boards, commissions, and committees are
merely advisory to the Council and have no authority to commit City resources such as
personnel, time, materials, or money without the approval of the Council. They provide
the residents’ perspective and assimilate information from staff, consultants, and the
public. Just as they are not authorized to make policy decisions for the Council,
members of boards, commissions, and committees are not expected to take the place
of staff or do work that is more properly handled by staff.
(e) Removal and Dissolution. Absent any other provision to the
contrary, members of boards, commissions, and committees may be removed by the
Council, without cause, by a majority vote of the whole Council. Any Councilmember
may place the question of such removal on an agenda. Any boards, commissions, or
committees so created, may be abolished by a majority vote of the members of the
Council by repeal of the enacting ordinance or resolution.
10.3 Council Subcommittees
(a) Establishment. Council Subcommittees, either standing or ad hoc,
may be created by the Council from time to time , and shall be composed of two
Councilmembers. They may also include members of a commission or committee if
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deemed appropriate by the Council. If standing committees are comprised of members
not on the Council, they may be subject to the agenda and public meeting requirements
of the Brown Act. Ad hoc subcommittees have a limited duration and scope under the
Brown Act. The Council shall have the power to establish advisory boards,
commissions, and committees. Any committee which is (i) established by ordinance,
resolution or other formal action, or (ii) has a fixed regular meeting schedule, or (iii) has
continuing subject matter jurisdiction over a non-temporary issue, or (iv) which
continues to conduct business in excess of 180 days, or (v) has a majority membership
of officials from other legislative bodies, shall be subject to the provisions of the Brown
Act.
(b) Duties. Council Ad Hoc and Standing Subcommittees shall be
established for specified purposes to gather information and report back to the full
Council. Council Subcommittees shall work collaboratively with staff in an expeditious
and deliberate manner, subject to instructions from the full Council on the extent and
duration of the Subcommittee’s actions.
(c) Staff Support. Financial considerations must be taken into account
regarding allocation of staff time. The City Manager shall provide staff support, including
a staff liaison to provide feedback and offer expertise as deemed appropriate by the City
Council in achieving the goals specified by the Council.
(d) Reports. Timely Subcommittee reports shall be conveyed to the full
Council as deemed appropriate by the Council and/or the Subcommittee during the
Council Reports section of the Council agenda. Council should respect the
Subcommittee framework and offer input to the process through its two members. The
Council Ad-Hoc and Standing Subcommittees should strive to keep all Councilmembers
and the public apprised of Council Ad-Hoc and Standing Subcommittees actions and
accomplishments.
10.4 Use of Email
All members of commissions, and committees, and boards are subject to the
same rules regarding use of email as are Councilmembers. Mandatory use of the
@rpvca.gov email accounts will be effective 3 months after the adoption of these
rulesApril 18, 2018.
10.5 Defense and Indemnification
The City shall defend and indemnify all members of commissions, and
committees, and boards to the same extent, and subject to the same limitations, as
Councilmembers.
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11.0 PUBLIC RECORDS AND USE OF EMAIL
11.1 General. The City’s policies at one time segregated city and/or personal
emails on the basis of whether they are/were generated through the City email
domain/account (@rpvca.gov) or personal accounts, but recent legal decisions (City of
San Jose v. Superior Court, 389 P.3d 848 (2017)) distinguish only by whether the
content of the email relates to City business. While emails sent to Councilmembers,
commissioners, committee members, and board members (collectively, “City
Officials”) through their City email accounts are clearly public records, as are replies or
subsequent email exchanges related to those “@rpvca.gov” emails, Councilmembers
should be aware that irrespective of what server the email is on, whether the City email
account or a personal account, if the email is related to City business, it is a public
record subject to disclosure unless an exception applies.
11.2 Must Use City Email Account. All CouncilmembersCity Officials are
provided with an @rpvca.gov email account, and shall only use this account for City
business. Personal accounts should not be used for City business and if they are, in the
event of a public records request, the personal account will be subject to review and
disclosure of City-related emails.
11.3 Use of Private Email Accounts Prior to the Adoption of These Rules.
CouncilmembersCity Officials shall segregate all City business emails that predate the
adoption of these rules into a separate folder so as to preserve the emails. All emails
must be preserved in compliance with the City’s Records Retention Policy. Use of
email accounts in violation of this policy, or failure by a City Official to cooperate
fully in turning over any City business emails maintained solely on a personal
email account, shall be grounds for removal from any City boards, commissions,
or committees and, in the event of a violation by a member of the City Council,
shall be grounds for censure. All costs incurred by the City to obtain compliance
by the City Official shall be to subject cost recovery by the City.
11.4 Public Records Requests. Pursuant to the California Public Records Act
(the “PRA” Govt. Code §§ 6250 et. seq.) individual CouncilmembersCity Officials shall
produce to the City Attorney’s office for review any records that are responsive to a
public records request, and where the City did not retain a copy.
The City Attorney’s office will review any such records or communications to confirm
that they relate to the City’s business, are not exempt from disclosure under the PRA,
and are responsive to the request.
11.5 Staff to Review City Accounts. In the event the City receives a PRA
request seeking CouncilmemberCity Official communications, staff will research the
City’s email server for responsive emails that went through an “@rpv ca.gov” email
address.
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11.6 Emails in Possession of Councilmember. Further, any emails exclusively
in the possession of individual City Officials shall be produced by each
CouncilmembersCity Officials for review by the City Attorney’s office, if the emails are
responsive to a public records request.
11.7 City Attorney Review. Just as with non-email communications, the City
Attorney’s office will review the emails to confirm that they relate to the City’s business,
are not exempt from disclosure under the PRA, and are responsive to the public records
request. Any emails that fail one of those tests will not be produced.
11.8 Definition of Public Records. The PRA defines local public records as
follows: ““Public records” includes any writing containing information relating to the
conduct of the public’s business prepared, owned, used, or retained by any state or
local agency regardless of physical form or chara cteristics. . .” Govt. Code § 6252(e).)
The PRA requires the City to disclose upon request public records that are within the
possession of the City and are not exempt from disclosure. It is the policy of City to
conduct its business in conformance with the Public Records Act.
11.9 Exceptions
In the event the City’s email server is down and the CouncilmemberCity Officias
needs to use email to conduct City business, the CouncilmemberCity Official may use
a personal email account until the City’s email is fully functional. Any such emails must
be segregated into a separate folder within the email account and must be turned over
to the Information Technology Manager within 30 days .
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS
12.1 General. Councilmembers and members of boards, commissions,
committees and advisory bodies are not vicariously liable for injuries caused by the
body (Tort Claims Act (the “Act”); Govt. Code § 820.9) and are “employees” within the
meaning of the Act. Section 995 of the Act imposes upon the City the duty to “provide
for the defense of any civil action or proceeding brought against him /her, in his/her
official or individual capacity, or both, on account of an act or omission in the scope of
his employment as an employee of the public entity.” The City can refuse to defend an
employee or former employee if: (i) the act or omission was not within the scope of his
or her employment; (ii) he or she acted or failed to act because of actual fraud,
corruption, or actual malice; or (iii) the defense of the action or proceeding by the public
entity would create a specific conflict of interest between the public entity and the
employee or former employee, as defined. Gov’t Code § 995.2(a).
12.2 Grounds for not Defending; Scope of Duties
The Councilmembers’ scope of duties is defined by the applicable provisions of
the Government Code, the Rancho Palos Verdes Municipal Code, and all Council
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adopted rules as applicable to the Council. Acts or omissions in violation any of these
regulations fall outside of a Councilmember’s scope of duties.
12.3 Cooperation in Councilmembers’ Defense
Section 825 of the Act requires that in order to receive defense by the City, an
employee or former employee must reasonably cooperate in their defense by the City.
This includes, but is not limited to, prompt and complete responses to inquiries /requests
for information and documents by the City Attorney’s Office , including discovery
requests. This cooperation would also include pre-litigation acts such as complying with
public records requests.
12.4 City’s Duty to Defend – Limitations
Any Councilmember or former Councilmember who is acting outside the scope of
his or her duties, or who does not cooperate with his or her defense or the defense of
City, may, at the Council’s sole discretion, be provided with written notice and an
opportunity to cure. The Council shall retain absolute discretion to refuse to defend
and/or indemnify any Councilmember acting outside the scope of his or her duties, or a
Councilmember who does not cooperate in his or her defense or the defense of City.
12.5 Reservation of Rights by City
Any defense or indemnification provided by the City shall be subject to the City’s
right to require the employee or former employee to enter into a reservation of rights
agreement, as authorized by Section 825 of the Act. An agreement to this effect shall be
a condition of any defense or indemnification. Such agreement reserves the right not to
defend or pay any judgment, compromise, or settlement until it is established that it
arose out of an act or omission occurring within the scope of employment as a public
employee. Through the agreement the City may recover any costs, including attorney
fees, incurred prior to the exercise of the right.
13.0 SUSPENSION AND AMENDMENT OF THESE RULES
13.1 Suspension
Except as required by State law, any provision of these Rules not mandated by
the RPVMC or the California Government Code may be temporarily suspended by a
majority vote of the Councilmembers who are present.
13.2 Amendment
These Rules may be amended by additions or deletions or new rules adopted by
a majority vote of the members of the Council, provided the proposed amendment or
new rules are introduced into the record and properly agendized at a prior Council
meeting.
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14.0 MOTIONS AND VOTING
14.1 Table of Motions
Incorporated herein is the Table of Motions attached as Exhibit A.
14.2 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the
result.
14.3 Voting
(a) Consensus. After a full opportunity for debate, if it appears that
there is a consensus of opinion among the Councilmembers on the matter to be voted
upon, the Presiding Officer may state the consensus of the Council and ask if there is
any objection. If there is no objection, the consensus, as so stated, shall become the
order of the Council and the votes of the members shall be deemed and reported as in
favor for all those present. The Presiding Officer may also determine that a consensus
exists following a call for a vote by any member of the Council by a Motion to Call the
Question1.
(b) Roll Call. 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 order voting shall be at the discretion of the City
Clerk with the Mayor Pro Tem’s name called second to last and the Mayor’s name last.
The City Clerk shall call the names of all members seated when a roll call vote is
ordered or required. Members shall respond ‘yes’, ‘no’ or ‘abstain.’ After every vote, the
City Clerk shall declare the result. The ayes and noes shall be taken upon the passage
of all ordinances and resolutions and entered upon the official record of the Council.
Councilmembers shall not be required to give explanations of their vote during roll call.
(c) Silence. During a collective vote (Ayes and Nays), silence of any
Member denotes approval.
14.4 Votes Needed
1 Making the motion suggests that you would like to stop debate a nd vote. A motion to Call the Question
requires a second, and cannot be discussed or debated. Must be recognized by the Presiding Officer.
The vote is taken immediately. Requires 2/3 vote to pass. If the motion to Call the Question passes, a
vote on the motion on the floor is taken. If the motion to Call the Question fails, discussion on the motion
on the floor continues.
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(a) Majority of Quorum. Usually, in the absence of a contrary statutory
provision (such as urgency measures), a majority of a quorum may act for that body.
However, resolutions, or orders for the payment of money, and all ordinances require a
recorded majority vote of the total membership of the Council.
(b) Supermajority Vote. State law may dictate certain instances in
which the number of votes required is greater than a majority of all Councilmembers.
Some of the questions on which the voting requirement is varied by State statutes and
these rules and include, without limitation, the following:
(1) Levying Taxes—Generally. Ordinances providing for the
Assessment and collection of taxes require the approval of two -thirds of the members of
the total members of the Council.
(2) Assessment—Generally. Assessments require a two-thirds
vote of the total membership of the Council.
(3) Bonds and Certificates of Participation. In authorizing these
financial instruments, the issuing requires a two-thirds vote of the total membership of
the Council.
(4) Eminent Domain. The exercise of Eminent Domain requires
a two-thirds vote of the total membership of the Council.
(5) Certain Parliamentary Motions. Motions requiring a
supermajority vote are noted in the Motions Chart attached hereto as Exhibit A.
(c) Conflicts. Any official with a conflict of interest is not counted for
purposes of establishing a quorum, and must not vote on, m ake, participate in any way
in, or attempt to influence the decision. A Councilmember abstaining on grounds other
than a conflict under the Political Reform Act shall be counted as present for purposes
of a quorum and such abstentions are counted as voting with the majority. The
Councilmember who leaves the dais solely to avoid participating in a specific item shall,
in absence of a conflict, be counted as if they were present but abstaining.
14.5 Abstentions
(a) Generally. Councilmembers are discouraged from abstaining from
a vote for reasons other than a legally-disqualifying, financial conflict of interest.
However, if a member chooses to abstain from voting as a result of what he/she
perceives as a personal or non-financial conflict of interest, the member may do so after
stating for the record the nature of the perceived conflict. In the event of an abstention
due to a perceived conflict (as opposed to a legally-disqualifying conflict), the member is
not required to leave the dais.
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(b) Participation Encouraged. A Councilmember shall generally
participate in the matter and vote except those where they are required to abstain due
to legally recognized conflict of interest or common law bias.
(c) Appeals. A City Councilmember who has appealed the action of
any person or body of the City on a matter which does not constitute a conflict of
interest for the member under any law, may participate in the hearing on the appeal,
unless there is clear and convincing evidence that such member is not objective or the
member feels that they are unable to remain neutral, or as may be otherwise advised by
the City Attorney. Notwithstanding any contrary provisions herein in bringing an appeal,
the City Council member need not give reasons for making the appeal.
(d) Public Perception. A Councilmember may abstain from action on a
matter where, in the member’s opinion, there would be a public perception that
participation in the discussion or decision would be inappropriate constituting common
law bias even though the member has no disqualifying financial interest within the
meaning of FPPC rules and regulations.
(e) Effect. The abstention is a non-vote unless the voting requirement
is a supermajority, or a vote of those “present”, in which case the abstention has the
effect of a “no” vote. The Presiding Officer shall call for a roll call vote to determine if the
ruling is upheld.
14.6 Motion to Reconsider
Any Councilmember who voted with the majority may move to reconsider any
action at the same meeting or, within sixty (60) calendar days, make a request in writing
to the City Clerk that it be agendized for consideration at the following meeting, provided
that reconsideration shall not be permitted where a party other than the City has acted
in reliance on the Councilmember’s action and would be substantially prejudiced by
such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting
substantial prejudice and may rely upon the determination of the City Attorney. In the
event that the subject of the reconsideration is a motion that failed as the result of a tie
vote, any Councilmember who voted against the earlier motion may move for
reconsideration at the following meeting. The member seeking reconsideration must
have the matter agendized unless the motion will be made at the same meeting where
the original action was taken. If the motion to reconsider passes, then the original item
may be reconsidered at that time or agendized for a future meeting which meets any
applicable noticing requirements. After a motion for reconsideration has once been
acted upon, no other motion for reconsideration thereof shall be made without
unanimous consent of the City Council.
14.7 Votes of Members Previously Absent
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(a) Minutes. A Councilmember who was not present at a meeting
should generally not vote on the approval of minutes for that meeting, but the voting on
such minutes shall have no effect on the validity of the minutes.
(b) Initial Absence. A Councilmember may vote on a continued item
after an absence from the earlier meeting in which the matter was agendized, if, prior to
the vote, the member affirms on the record that they have familiarized themselves with
the record of the earlier meeting and are prepared to vote on the issue.
14.8 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except a:
(a) 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 of the original motion is changed. Amendments
are voted on first; with the main motion vote last. A motion may be amended more than
once with each amendment being voted on separately. There shall only be one
amending motion on the floor at any one time.
(b) 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 date set.
(c) Motion to Table. A motion to table requires a second and a majority
vote of the Legislative Body, is undebatable, and is not subject to amendment. The
purpose of a motion to table is to postpone or suspend consideration of a pending
motion. 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 item is killed.
(d) Substitute Motion. A substitute motion is used to propose an
alternative action to the main motion. Up to one main and two substitute motions may
be on the floor at one time. If a substitute motion passes, it does away with the prior
motions. If it fails, previous motions, including prior any substitute motion, comes back
up for consideration.
15.0 BROWN ACT DEMANDS FOR CORRECTION
15.1 Requirement of Written Demand
(a) Written Demand for Correction. Pursuant to Section 54960.1 of the
Government Code, prior to any person commencing a judicial action for injunction or
mandamus to declare any action taken by the Council void because of failure to
observe Brown Act requirements, such person must first serve upon the City Clerk a
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written demand clearly describing the challenged action, the nature of the claimed
violation, and the corrective action sought. Such demand must be served upon the City
Clerk within ninety (90) days of the alleged violation or thirty (30) days if the action was
taken in open session but alleged to be in violation of § 54952.2 of the Government
Code. Failure to serve any such demand within this thirty (30) day period shall result in
the loss of any right to challenge any action alleged to have been taken in violation of §§
54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.
(b) Period to Cure. If the written demand is timely served, the Council
has up to thirty (30) days to cure and/or correct its action. If the Council does not act,
any lawsuit must be filed within the next fifteen (15) days. The subsequent action to
cure or correct an action shall not be admissible as evidence of a violation.
(c) Not Void Obligations. Nothing herein shall void the issuance of
bonds or contractual obligations otherwise duly entered into.
(d) Other Remedies. Nothing herein shall prohibit any other remedy
permitted by the Brown Act, including the issuance of an unconditional commitment to
cease and desist violations under Section 54960.2.
(e) Tolling Agreements. Parties may enter tolling agreements of the
time periods provided herein.
15.2 Consideration of Corrective Action
(a) Closed Session. Upon receipt of such a demand, consideration of
the demand shall immediately be placed on the agenda for the next meeting of the
Council. If the demand is received less than 72 hours prior to the time set for the next
meeting, the Council may determine that the notice constitutes the initiation of litigation,
and that the need to take action on the threatened litigation arose subsequent to the
posting of the agenda, and may consider it at that meeting in closed session pursuant to
Article V Section 5.1, above. A description of any item so placed on the agenda shall
include both consideration of the demand, and the possibility of corrective action by the
Council.
(b) Reconsideration. In considering demands for reconsideration, the
Council shall first determine by motion whether to reconsider the prior action. The
motion to reconsider shall be in order as long as made by a party on the prevailing side.
If no motion to reconsider is carried, the City Clerk shall inform the demanding party in
writing of the Council’s decision not to cure or correct the challenged action.
15.3 Implementing Corrective Action
(a) Motion to Correct. If a motion to reconsider passes, the Presiding
Officer may entertain a motion to take corrective action. Any motion taking corrective
action shall address the concerns raised in the consideration of corrective action. The
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motion taking corrective action may include a motion to rescind prior action taken, as
appropriate. Passage of a motion to rescind invalidates prior action only as of the time
of the passage of the motion, and not from the date of the initial action. A motion
implementing corrective action resulting from a written demand is out of order if the
action complained of: (i) was in connection with the sale or issuance of notes, bonds, or
other evidences of indebtedness, or any contract, agreement, incident thereto; (ii) gave
rise to a contractual obligation upon which a party has, in good faith, detrimen tally relied
upon; or (iii) was taken in connection with the collection of any tax.
(b) Notice. In any event, the Council shall notify the party making the
demand, in writing, of its decision to take corrective action, and shall describe any
corrective action taken. This notice shall be given to the demanding party as soon as
possible after the meeting, but in no event more than 30 days after receipt of the
demand.
16.0 CODE OF CONDUCT
16.1 Statement of Purpose
This Article 16 shall be known as the Code of Conduct for Officials of the City of
Rancho Palos Verdes. The purpose of this Code of Conduct is to create a single
comprehensive protocol for the Council and Members of City Boards, Commissions and
Committees, and also for management and representatives of the City including
vendors2 (hereinafter referred to collectively as “Officials”) to ensure 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 a nd actions be conducted in an atmosphere free
from personal animosity and hostility.
16.2 General
(a) As a matter of practice, this policy should be read and reviewed
periodically by all Officials.
(b) Not all conduct, actions and/or behavior fit neatly within this Code.
The protocols listed herein are designed to clearly define conduct in most common
situations. Special circumstances may not be easily resolved by simply referring to this
Code. The Council can provide specific interpretation through review with the C ity
Attorney, as necessary.
2 These programs as to ethical conduct and civility towards the public shall be applicable to vendors
through their contracts with City.
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(c) 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 Council. The 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 Council.
16.3 Rules of Civility
(a) General. The proper operation of this local government requires
that its Officials be independent, impartial, accountable 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 an Official’s position not be used for personal gain; and that the public
have confidence in the integrity of its Officials.
(b) Duties of Officials.
(1) At all times during the performance of their City duties,
Officials shall adhere to their oath of office (Cal. Const. Art. XX Section 3) and comply
with all State ethics laws for Officials.
(2) Officials shall faithfully perform all duties of office, and shall
show respect for their offices and not act in ways that reflect badly on those offices and
diminish public respect for the office, or the City.
(3) Officials shall faithfully attend all sessions of the Council,
Commission or Committee of which the person is a member, unless unable to do so for
some compelling reason or disability.
(4) Officials shall be prepared, and learn and study the
background and purposes of items that are on the agenda before voting. To the extent
possible, questions pertaining to agenda items should be raised with appropriate staff
and the City Manager prior to the meeting where the item will be discussed.
(5) Officials shall respect intergovernmental relationships
between the City and other neighboring cities, the County of Los Angeles, the State of
California, and the federal government. The City also recognizes the value of municipal
organizations and associations, including the League of California Cities, California
Contract Cities Association, South Bay Cities Association, etc., and Officials should
participate in the meetings and seminars of such bodies when appropriate.
(6) Officials shall advise appropriate staff when a quorum of the
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
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insure proper notice of such meetings is given in accordance with the provisions of the
Ralph M. Brown Act. Members of the public may attend any such meetings.
(c) Ethical Standards.
(1) Officials shall provide fair and equal treatment for all persons
and matters coming before the 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.
(2) Officials shall accept as a personal duty the responsibility to
conduct the City’s business with professional competence, fairness, impartiality,
efficiency and effectiveness.
(3) Officials shall preserve their integrity and not be affected by
improper influence. They shall refrain from making, participating in making, or using 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 concerning
prospective employment or any other prospective business relationship that will be a
source of financial gain to the Official.
(4) Officials shall refrain from using City-owned equipment,
materials or property for personal purposes, except when such equipment or property is
available to the public generally, or is provided to City Officials pursuant to City policy,
and is used in the conduct of City business.
(5) Officials shall 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.). The Council or any of the City’s Commissions
or Committees must 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 Council. The provisions of Section 3.6 shall apply to any breach of confidentiality.
This applies to members of the Council, the City Manager and staff, as well as members
of the City’s Boards, Commissions and Committees.
(6) Officials shall disclose any corruption, fraud, and bribery to
appropriate authorities.
(d) Rules of Conduct.
(1) Officials shall listen carefully, courteously and attentively to
all public discussions at Council, Board, Commission or Committee meetings and avoid
interrupting other speakers, including other Officials, staff, or the public.
(2) Officials shall foster a positive attitude and constructively
foster open communication in dealing with the public, staff and all Officials. Officials
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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.
(3) Officials shall listen to all testimony, and not reach
conclusions on issues until all interested parties have had an opportunity to express
their position, or otherwise act in a manner that would affect a party’s right to a fair
hearing.
(4) Officials shall use their best independent judgment to pursue
the common good, presenting their opinions to all in a reasonable , forthright, consistent
manner; and making decisions which will promote the general and long -term interests of
the City and its citizens.
(5) Officials shall refrain from abusive conduct, personal
charges or verbal attacks upon the character, motives, ethics or morals of other Officials
staff or the public, or from making other personal comments that are not germane to the
issues before the respective body. Name calling, personal invective, and derogatory or
belittling speech is never acceptable conduct for Officials of the City.
(6) Officials shall at all times act with integrity and
trustworthiness, and they shall behave with courtesy and respect toward everyone with
whom they interact.
(7) Officials shall promote, to the greatest extent consistent with
protecting the interests of the City, transparency and good leadership, and provide
effective communications with the public.
(e) Application. Officials should avoid impropriety in the exercise of
their official duties. Actions as Officials should be above reproach. Although opinions
may vary about what behavior is inappropriate, Officials will consider impropriety in
terms of whether a reasonable person who is aware of all of the relevant facts and
circumstances surrounding the Official’s action would conclude that the action was
inappropriate.
(f) Collegiality. All Officials are representatives of the public, and as
representatives and servants, should treat each other and those they represent
consistent with such high principle. Officials should be able to assert policy positions
and opinions without fear of reprisal from fellow Officials or citizens. Officials should not
question the ethics of other members because they disagree with that member on a
question of policy.
(g) Legal Counsel. If an Official believes that his or her actions, while
legal and ethical, may appear to be inappropriate, the Official should seek the advice of
the City Attorney, and should consider publicly disclosing the facts of the situation and
the steps taken to ensure the action is appropriate.
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(h) Public Records. All Officials shall conduct their email
correspondence so that they may readily comply with requests for public records, and
keeping personal correspondence segregated from city correspondence.
16.4 Disclosure of Information
No Official may, without prior formal authorization of the City Council, disclose
any confidential information concerning any other official or employee, or any other
person, or any property or governmental affairs of the City. Whether or not such
information is allowed to be disclosed, no Official may use or permit the use of any such
confidential information to advance the financial or personal interest of himself or any
other person. For the purposes hereof , “confidential information” shall mean information
that is not generally known in the public, and/or not subject to disclosure under
California Public Records Act or other applicable law. Some examples of confidential
information include attorney-client privileged communication, attorney-client work
product, and personnel, medical or similar information, the disclosure of which would
constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et. seq.)
16.5 Improper Representation
Unless authorized to do so by the Council, Officials shall refrain from making
statements, either orally or in writing that assert or would cause a reasonable person to
believe that they are acting on behalf of the City. Accordingly, if an 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 n 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 represe nting his or
her own views as a private citizen. Additionally, other than personal thank you notes,
City letterhead or the City’s official logo shall not be used for any purpose without prior
Council approval. Unless the written communication is appropriat ely authorized on
behalf of City, the Official shall not use their official title in the communication unless
there is a written disclaimer to the effect that “This communication is the personal
opinion of official and does not represent the views of the city of Rancho Palos Verdes
or its Officials.” As violations of the foregoing would be contrary to the City’s
transparency policies, likewise, Officials should not communicate regarding City
business either anonymously or through pseudonyms. This limitation includes, but is not
limited to, posts and comments made on social media.
16.6 Non Interference with Administration
(a) Council-Manager Form of Government. The City operates under
the Council-Manager form of government and as such, the City Manager is responsible
for the administrative operation of the City. Councilmembers have a non-supervisory
relationship with City staff. Councilmembers shall not involve themselves in
administrative functions of the City.
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(b) Limit Contact to Specific Staff. Questions of staff and/or requests
for additional background information shall be directed only to the City Manager, City
Attorney, Deputy City Manager, Human Resources Manager, or other Department
Heads. Requests for follow-up or directions to staff should be made only through the
City Manager or City Attorney, when appropriate. When in doubt about what City staff
contact is appropriate, Councilmembers should consult the City Manager for direction.
(c) Do Not Disrupt Staff From Their Jobs. Councilmembers should not
disrupt staff while they are in meetings, on the phone, or engrossed in performing their
job functions, in order to have the City Council Member’s individual needs met.
(d) No Attempt to Influence. Councilmembers must not attempt to
influence staff on the making of appointments, awarding of contracts, selecting of
consultants, processing of development applications, or granting of City licenses and
permits.
(e) Correspondence. Before sending any correspondence, City
Councilmembers shall make an effort to check with staff to see if an official City
response has already been sent or is in progress.
(f) Attendance at Meetings. Councilmembers should not attend
meetings with staff unless requested by City staff. Even if the Councilmember does not
say anything, their presence can imply support, show partiality, intimidate staff, or
hamper City staff’s ability to do their job objectively.
(g) Limit Requests for Staff Support. Routine clerical or administrative
support will be provided to all Councilmembers for City business by those employees
assigned to provide such assistance.
(h) Personnel Matters. Public Officials should not direct the City
Manager as to City personnel matters.
16.7 Decorum and Order – Employees
Members of City staff and any employees of the Council, shall observe the same
rules of procedure and decorum applicable to Councilmembers. The City Manager shall
ensure that all staff and employees observe such decorum. Any staff members,
including the City Manager, desiring to address the Council or members of the public,
shall first be recognized by the Presiding Officer. All remarks shall be addressed to the
Presiding Officer and not to any one individual Councilmember or member of the public.
16.8 Not Solicit Political Support
Councilmembers shall not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, endorsements,
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etc.) from staff. Staff may, as private citizens with constitutional rights, support political
candidates, but all such activities must be done entirely away from the workplace.
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RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 3.6 (CLOSED SESSION
MEETINGS) OF CHAPTER 3 (TYPES OF MEETINGS), SECTION 10.2
(APPOINTMENTS), SECTIONS 10.4 (USE OF EMAIL) AND 10.5
(DEFENSE AND INDEMNIFICATION) OF CHAPTER 10 (BOARDS,
COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), CHAPTER
11 (PUBLIC RECORDS AND USE OF EMAIL), AND MISCELLANEOUS
CLEAN-UP AMENDMENTS OF THE CITY COUNCIL RULES OF
PROCEDURE
WHEREAS, the City Council of the City of Rancho Palos Verdes, pursuant to
Resolution No. 2018-04, established the City Council Rules of Procedure manual which
incorporates state law, case law, and provisions of the Rancho Palos Verdes Municipal
Code, and has been prepared to apply to all elected and appointed bodies and staff.
WHEREAS, the City Council, pursuant to City Council Policy No. 6, amended the
recruitment and selection process for advisory boards and commissions. To that end,
the City Council wishes to amend Section 10.2(b) (Creation of Advisory Boards and
Committees - Appointments) of Chapter 10 (Boards, Commissions, Committees, and
Subcommittees) of the City Council Rules of Procedure to reflect the changes to City
Council Policy No. 6.
WHEREAS, the Rules of Procedure include procedures for the handling of
emails in conformance with the California Public Records Act. The City Council wishes
to clarify that the rules relating to the use of emails apply equally to all City Officials, and
to strengthen the penalties for City Officials who fail to comply with the rules. To that
end, the City Council wishes to amend Sections 10.4 (Use of Emails) and 10.5 (Defense
and Indemnification) of Chapter 10 (Boards, Commissions, Committees, and
Subcommittees), as well as Chapter 11 (Public Records and Use of Email), of the Rules
of Procedure.
WHEREAS, the Rules of Procedure articulate the confidentiality of Closed
Session discussion. The City Council wishes to include an admonition in the City
Council agenda regarding violations of the confidentiality of Closed Session. To that
end, the City Council wishes to amend Section 3.6 (Closed Session Meetings) of
Chapter 3 (Types of Meetings) of the Rules of Procedure.
WHEREAS, the City Council further wishes to make those changes as are
necessary to clean up small discrepancies in the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
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SECTION 1: The forgoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2: The following changes shall be made to the Rules of Procedures,
for the reasons articulated herein.
I. Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of
Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is
amended to read as follows (deleted text in strikethrough and new text in bold
italics):
“(b) Confidentiality. No person attending a closed session shall publicly
discuss or otherwise reveal the discussion, content, and/or proceedings of
the closed session unless such disclosure has been approved by the vote
of the Council taken during the closed session or as otherwise required by
law. Violation of this rule may subject the violator to various penalties
including (i) censure by the Council as provided in Article 9.0 herein, (ii)
criminal penalties as the willful failure to perform a duty under Government
Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv)
civil actions, including issuance of an injunction. To that end, an
admonition shall be added to every City Council agenda noting the
privilege of the Closed Session and warning of the legal
consequences of violating the same. If minutes are kept, they are not a
public record and shall be kept confidential and shall be available only to
Councilmembers or as otherwise provided by law (Government Code §
54957.2(a)).”
Justification: Based on recent documented violations of the Closed Session
privilege, the City Council wishes to clarify the importance of the Closed Session
privilege, and the seriousness with which it considers violations of the privilege.
This change is recommended by joint report of the Council Ad Hoc Sub-
committee and the Office of the City Attorney on the independent investigation
into possible violations of the Closed Session privilege. (Gov’t Code §§ 54950 et
seq.)
II. Subsection (b) (Appointments) of Section 10.2 (Appointments) of Chapter 10
(Commissions, Committees, and Subcommittees) of the City Council Rules of
Procedure is amended to read as follows (deleted text in strikethrough and new
text in bold italics):
“(b) Appointments. The Council shall make appointments to citizen City
boards, commissions, and committees pursuant to City Council Policy
No. 6. All applicants willmay be interviewed by the Council at a public
meeting and shall be appointed by a majority vote of the Council. All
appointees serve at the pleasure of the Council. The procedure of filling
vacancies and provision of notice thereof shall be subject to the provisions
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of the Maddy Act (Govt. Code §§ 54970-54974) which require a 10-day
notice of the availability of the position for appointment.”
Justification: The City Council has updated City Council Policy No. 6, pertaining
to advisory board recruitment and selection, and wishes to update the Rules of
Procedure to be consistent with the Policy.
III. (a) Section 10.4 (Use of Email) of Chapter 10 (Commissions, Committees,
and Subcommittees) of the City Council Rules of Procedure is amended to read
as follows (deleted text in strikethrough and new text in bold italics):
“10.4 Use of Email.
All members of commissions, and committees, and boards are subject to
the same rules regarding use of email as are Councilmembers. Mandatory
use of the @rpvca.gov email accounts will be effective 3 months after the
adoption of these rules.”
(b) Section 10.5 (Defense and Indemnification) of Chapter 10 (Commissions,
Committees, and Subcommittees) of the City Council Rules of Procedure is
amended to read as follows (deleted text in strikethrough and new text in bold
italics):
“10.5 Defense and Indemnification.
The City shall defend and indemnify all members of commissions , and
committees, and boards to the same extent, and subject to the same
limitations, as Councilmembers.”
(c) Chapter 11 (Public Records and Use of Email) of the City Council Rules of
Procedure is amended to read as follows (deleted text in strikethrough and new
text in bold italics):
“11.0 PUBLIC RECORDS AND USE OF EMAIL
11.1 General. The City’s policies at one time segregated city and/or
personal emails on the basis of whether they are/were generated through
the City email domain/account (@rpvca.gov) or personal accounts, but
recent legal decisions (City of San Jose v. Superior Court, 389 P.3d 848
(2017)) distinguish only by whether the content of the email relates to City
business. While emails sent to Councilmembers, commissioners,
committee members, and board members (collectively, “City
Officials”) through their City email accounts are clearly public records, as
are replies or subsequent email exchanges related to those “@rpvca.gov”
emails, Councilmembers should be aware that irrespective of what server
the email is on, whether the City email account or a personal account, if
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the email is related to City business, it is a public record subject to
disclosure unless an exception applies.
11.2 Must Use City Email Account. All CouncilmembersCity Officials
are provided with an @rpvca.gov email account, and shall only use this
account for City business. Personal accounts should not be used for City
business and if they are, in the event of a public records request, the
personal account will be subject to review and disclosure of City-related
emails.
11.3 Use of Private Email Accounts Prior to the Adoption of These
Rules. CouncilmembersCity Officials shall segregate all City business
emails that predate the adoption of these rules into a separate folder so as
to preserve the emails. All emails must be preserved in compliance with
the City’s Records Retention Policy. Use of email accounts in violation
of this policy, or failure by a City Official to cooperate fully in turning
over any City business emails maintained solely on a personal email
account, shall be grounds for removal from any City boards,
commissions, or committees and, in the event of a violation by a
member of the City Council, shall be grounds for censure. All costs
incurred by the City to obtain compliance by the City Official shall be
subject to cost recovery by the City.
11.4 Public Records Requests. Pursuant to the California Public
Records Act (the “PRA” Govt. Code §§ 6250 et. seq.) individual
CouncilmembersCity Officials shall produce to the City Attorney’s office
for review any records that are responsive to a public records request, and
where the City did not retain a copy.
The City Attorney’s office will review any such records or communications
to confirm that they relate to the City’s business, are not exempt from
disclosure under the PRA, and are responsive to the request.
11.5 Staff to Review City Accounts. In the event the City receives a PRA
request seeking CouncilmemberCity Officialcommunications, staff will
research the City’s email server for responsive emails that went through
an “@rpvca.gov” email address.
11.6 Emails in Possession of Councilmember. Further, any emails
exclusively in the possession of individual CouncilmembersCity Officials
shall be produced by each CouncilmemberCity Official for review by the
City Attorney’s office, if the emails are responsive to a public records
request.
11.7 City Attorney Review. Just as with non-email communications, the
City Attorney’s office will review the emails to confirm that they relate to
the City’s business, are not exempt from disclosure under the PRA, and
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are responsive to the public records request. Any emails that fail one of
those tests will not be produced.
11.8 Definition of Public Records. The PRA defines local public records
as follows: ““Public records” includes any writing containing information
relating to the conduct of the public’s business prepared, owned, used, or
retained by any state or local agency regardless of physical form or
characteristics. . .” Govt. Code § 6252(e).) The PRA requires the City to
disclose upon request public records that are within the possession of the
City and are not exempt from disclosure. It is the policy of City to conduct
its business in conformance with the Public Records Act.
11.9 Exceptions. In the event the City’s email server is down and the
CouncilmemberCity Official needs to use email to conduct City business,
the CouncilmemberCity Official may use a personal email account until
the City’s email is fully functional. Any such emails must be segregated
into a separate folder within the email account and must be turned over to
the Information Technology Manager within 30 days.“
Justification: Based on the difficulty the City had in obtaining compliance
to several Public Records Act request by one former councilmember, the
City Council wishes to emphasize that no City Official should conduct City
business on a private email account except unde r very narrow
circumstances, and that the City shall not provide a defense and
indemnification to any City Official who violates the rules relating to email
and the Public Records Act.
Justification: To clarify that the rules relating to the use of emails apply equally to
all City Officials, and to strengthen the penalties for City Officials who fail to
comply with the rules. These changes to the Rules of Procedure are
recommended by the joint report of the Council Ad Hoc Sub-committee and the
Office of the City Attorney on the independent efforts to obtain compliance with
Public Records Act requests, codified in Government Code §§ 6250 et seq., from
Mr. Brian Campbell.
IV. (a) Item 5 of Section 5.0 (Agendas) of the Outline of the Rules of Procedure,
is amended to read:
“5. Staff reports are required for all agenda items. (5.55.6).”
(b) Section 5.6 (Staff Reports) of Chapter 5.0 (Agendas) is amended to read:
“5.6 Staff Reports.
With the exception of consent calendar items, Allall agenda items shall
be accompanied by a staff report. Staff shall strive to provide staff reports
to the Council with sound, professional recommendations on a course of
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action for all City issues to the maximum extent practical along with
pertinent facts and analysis to enable the Council to make an informed
decision. The report shall include specific recommendations in the form of
a motion which could be taken, along with alternative actions which could
be taken. If a Councilmember prepares a report for an agenda item, it
shall be submitted to the City Manager at the same time that other agenda
reports are to be submitted.
It is within the prerogative of the Council to, by unanimous consent, to
waive the actual oral presentation of any report.”
(c) Section 5.8 (Agenda Preparation Distribution) of Chapter 5.0 (Agendas) is
amended to read:
“5.8 Agenda Preparation Distribution
The Agenda shall be delivered to the Mayor and Councilmembers as soon
as practicable after 5:30 p.m. on the WednesdayTuesday preceding the
Tuesday meeting. The agenda shall be posted on the bulletin board at
City Hall at the same time that it is distributed to the Councilmembers. If
the agenda is distributed to Councilmembers after 5:30 p.m., the full
agenda packet, including reports, shall be made available to the public
upon request without delay, in accordance with the provisions of the
Brown Act. Closed session reports will be delivered to Councilmembers by
the Friday evening prior to the meeting, unless circumstances prevent
such distribution.”
(d) Subsection (b) (Excluded consent items) of Section 5.13 (Consent
Calendar) of Chapter 5.0 (Agendas) is amended to read:
“(b) Excluded Consent Items. 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 Council. If an item has been removed
from the Consent Calendar, and a member of the public has requested to
speak on that item, the item shall be pulled from the Consent Calendar
and heard immediately after the approval of Consent Calendar.”
(e) Subsection (b) (Examples) of Section 6.2 (Disorderly Conduct) of Chapter
6.0 (Citizens’ Rights) is amended to read:
“(b) Examples. Examples of remarks or behavior that can cause actual
disruption of the Council proceedings include but are not limited to:
(1) Failure to comply with an order to be seated or refrain from
disrupting the meeting.
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(2) Interrupting speakers.
(3) Calling members of the audience names.
(4) Extended discussion of irrelevancies or being unduly
repetitious.
(5) Physical threats.
(6) Shouting into the microphone.
(7) Dumping items on the floor of the chamber or using similar
physical props.
(8) Speaking past time limits unless a time extension is
requested and areis granted.
(9) Constant interruptions.
(10) Interruption of the meeting to make “objections”.”
Justification: the amendments under Section 2.IV are clean -up items.
SECTION 3. The updated Rules of Procedure in their entirety are attached as
Attachment A, and incorporated herein by reference.
PASSED, APPROVED, and ADOPTED this 6th day of November 2019.
_____________________
Jerry V. Duhovic, Mayor
ATTEST:
_______________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify th at the
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above Resolution No. 2019- was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on November 6, 2019.
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ATTACHMENT A
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
Adopted 5/29/12 (2012-38)
Amended 9/2/14 (2014-54)
Amended 1/16/18 (2018-04)
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OUTLINE OF RULES OF PROCEDURE
1.0 Authority, Interpretation
1. City Council and unless otherwise specified, city commissions and committees,
shall administer meetings in accordance with these Rules. (1.0)
2. Protocols for Officials have been merged with these Procedures. (1.0)
2.0 General Rules
1. Three members of the Council, or a majority of the members of a body,
constitutes a quorum necessary to transact business. (2.1)
2. If a Councilmember is absent without permission for 60 consecutive days, their
seat becomes vacant. (2.2)
3. City Clerk shall record minutes of all public proceeding and makes such minutes
available to the public. (2.3)
4. Councilmembers must be recognized by the Mayor prior to speaking on a subject
under consideration. (2.4)
5. If there is a conflict over how Council proceedings should be governed, the
Municipal Code (RPVMC) shall prevail over other sources, and the Rules of
Procedure shall prevail over Rosenberg’s Rules of Order. (2.5)
6. City Manager serves the City Council, attends and takes part in Council
meetings, and keeps the Council informed as to the administration of the City.
Includes rules on absences from City. (2.6).
7. City Manager will provide written notice to Council on matters of significant
importance. (2.6(f)).
8. City Attorney shall attend all meetings of the City Council, serves as advisory
parliamentarian for the City, and oversees all legal affairs under Council
direction. (2.7(a)).
9. A Councilmember shall not have an attorney-client relationship with the City
Attorney and may not rely on advice from the City Attorney to obtain immunity
from FPPC enforcement. (2.7(b-c)).
10. Council may direct the City Attorney to file amicus briefs. (2.7(d)).
11. City Clerk shall attend all meetings of the City Council, assure all agendas are in
accordance with the Brown Act, and keep account of all open proceedings of the
City Council. (2.8).
12. City Council may issue subpoenas. (2.10).
3.0 Types of Meetings
1. All regular Council meetings shall be open to the public and held at the
designated Council Chambers. The notice and agenda for such meeting shall be
posted at least seventy-two (72) hours before the meeting.(3.1-3.3).
2. A special meeting may be called by the Mayor or a majority of the
Councilmembers with notice posted at least twenty-four (24) hours before the
meeting. (3.5).
3. Council may hold closed session meetings and exclude all persons authorized to
be excluded. (3.6).
4. Breaching confidentiality of closed session not only subjects the Councilmember
to censure, but civil and criminal sanctions (3.6).
5. Council may hold study session meetings. (3.7).
6. All meetings of the Council, except for closed sessions, shall be open to and may
be recorded by the media. (3.8)
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4.0 Officers
1. Describes election of the Mayor and the Mayor Pro Tem and duty to serve as a
member and at the pleasure of the Council. (4.1-4.2).
2. Defines selection, duties, and authority of the Presiding Officer. (4.3/4.6).
3. Defines decorum of Councilmembers for being recognized by the Presiding
Officer, for motioning to bring a matter before the Council, for enforcing the rules,
and for communicating between members regarding matters not on the agenda
or during breaks or before and after meetings. Presiding Officer promotes
dialogue not allowing one member to monopolize. (14.7).
5.0 Agendas
1. Generally, the Council may not take action on a matter not appearing on the
posted agenda. (5.1).
2. Agenda descriptions must provide sufficient detail as to the subject matter of the
item. (5.2).
3. City Manager prepares the agenda with oversight from the Mayor and provides
appropriate staff reports with professional recommendations for Council
consideration.
4. A Councilmember may make a request for the inclusion of an item on a future
agenda to the Mayor, City Manager, or to the Council during a meeting. (5.4)
5. Staff reports are required for all agenda items. (5.6).
6. Defines process for Order of Business for Council meetings. (5.6).
7. Defines time for delivery of agenda packet, including reports, to Councilmembers
and the public. (5.7).
8. City Clerk shall post the agenda with the time and location of the meeting and a
brief description of each agenda item. (5.8).
9. Any person may address the Council regarding an item within the subject matter
jurisdiction of the Council. (5.10).
10. Consent Calendar allowed for items not requiring Council discussion and
considered ministerial and routine. Items removed by Councilmember are heard
after regular agenda, but, if removed at citizen request, are heard after Consent
Calendar. (5.12).
11. Oral reports may be included for agenda items, or given by Councilmembers to
report on an event they attended as an elected official of the City. (5.13).
6.0 Citizens’ Rights
1. Defines time and procedures for public comment. (6.1).
2. No disorderly conduct permitted that would impede the orderly conduct of a
Council meeting. Any disorderly person may be removed after receiving a
warning. (6.2(a-b)).
3. A majority of the Council may agree to allow an interested person to address the
Council for the reading of protests, petitions, or communications relating to a
matter under consideration. (6.3).
4. Any person may submit written comments to the Council through the City Clerk
or City Manager’s office. (6.4).
7.0 Ordinances, Resolutions, and Contracts
1. Ordinances, resolutions, and contracts shall be approved by the City Attorney
before placement on the agenda. (7.2).
2. Defines the process for introducing, adopting, and preserving ordinances. (7.3-
7.4).
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8.0 Procedures Regarding Public Hearings
1. Hearings involving the adjudication of individual property rights and interests are
quasi-judicial proceedings with due process requirements. (8.1).
2. Staff reports, written materials, oral reports, and Councilmember questions shall
be included in the public hearing record. (8.2).
3. Defines guidelines for Presiding Officer control over public hearing time limits and
procedures, and control over Council deliberations. (8.3, 8.4).
4. After closure of the public hearing, Council may vote on the item, offer
amendments, reopen the hearing, or continue the matter to a later date for
decision. (8.5(b)).
5. A tie vote is a denial. Matter is automatically continued to the next meeting if it is
a public hearing matter or a member is absent. (8.5(d)).
6. Councilmembers should minimize extra-meeting contacts with persons who will
be the subject of a public hearing, must refrain from expressing any viewpoints
during extra-meeting contacts, and after the public hearing, must disclose any
extra-meeting contacts that may be relevant to the decision. (8.6(a-c)).
7. Councilmembers may inspect a relevant site and disclose such inspection on the
record at the beginning of the public hearing. (8.6(d)).
9.0 Censure of Members
1. A Councilmember who has violated any general law or regulation, or any rule,
law, ordinance or resolution of the City may be censured after being given notice
and an opportunity to correct the violation. (9.1-9.2, 9.4).
2. Defines procedure for hearing a motion for censure. (9.5-9.8).
10.0 Commissions, Committees, and Subcommittees
1. Mayor appoints Councilmembers to serve as representatives on various
committees. (10.1).
2. Council may create commissions, committees or other advisory bodies by
ordinance, resolution, or motion, and make appointments to such bodies.
(10.2(a-d)).
3. Defines when Council Subcommittees are subject to the Brown Act. (10.3(a)).
4. Subcommittees may use staff support to gather information and provide a
Subcommittee report to the Council. (10.3(b-d)).
5. All members are subject to the same email rules and are indemnified to the same
extent as Councilmembers. (10.4-10.5).
11. Public Records and Use of Email
1. Documents related to City business, including electronic emails, regardless of
whether on City email or personal private email accounts, are public records
subject to disclosure. (11.1).
2. Councilmembers shall use City email account for City business and segregate
and preserve City business emails that predate these rules. (11.2-11.3).
3. City Attorney shall review any public records including communications of
Councilmembers that are responsive to public records requests. (11.4).
4. In response to PRA requests, staff will research City email server and
Councilmember will produce City emails exclusively in their possession for
review by City Attorney. (11.5-11.7).
5. Defines “public records”. (11.8).
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12. Defense and Indemnification of Members
1. Councilmembers are employees and are not vicariously liable for injuries caused
by the City. Employees are entitled to defense by City, and payment of judgment.
City can refuse to defend if employee was acting outside scope of employment or
with fraud, corruption, or actual malice; or if defense creates a conflict of interest
between City and employee. (12.1).
2. Councilmembers’ acts in violation of RPVMC or rules applicable to City Council
are outside the scope of employment. (12.2).
3. Employees must cooperate in their defense by the City. (12.3).
4. Defense of Councilmember acting outside the scope of employment or refusing
to cooperate with defense is in the Council’s absolute discretion. (12.4).
5. Any defense or indemnification by the City is subject to a reservation of rights
agreement for subsequently discovered information. (12.5).
13. Suspension and Amendment of these Rules
1. Rules not mandated by RPVMC or the Government Code may be suspended or
amended by a vote of the Council. (11.1-11.2).
14. Motions and Voting
1. Includes Table of Motions (Exhibit A). (14.1).
2. City Clerk states all motions submitted for a vote and the Presiding Officer may
state the consensus of the Council, or the Clerk will conduct a roll call vote as
required for adopting ordinances, resolutions, or actions involving the payment of
money. (14.2-14.3).
3. Councilmember silence during a vote denotes approval. (14.3(c)).
4. Quorum is required for Council action, but majority vote of total Council
membership required for ordinances, resolutions, or orders for payment of
money. (14.4(a)).
5. Defines state statutes that require supermajority vote, greater than majority vote
of all Councilmembers. (14.4(b)).
6. Members with a conflict of interest are not counted for establishing quorum and
may not participate in the decision. (14.4(c)).
7. Members may abstain due to a legally recognized conflict of interest, common
law bias, or public perception that their participation would be inappropriate. (14.5
(a-d)).
8. Abstention results in a non-vote, or in the case of a supermajority vote or a vote
of those present, a “no” vote. (14.6(e)).
9. Defines procedures for a Councilmember’s motion to reconsider any action.
(14.6).
10. Members not previously present should not vote on the approval of minutes or a
continued item unless they affirm their familiarization with the earlier record.
(14.7).
11. When a motion is before the Council, no other motions may be entertained
except a motion to amend, a motion to postpone, a motion to table, or a
substitute motion. (14.8).
15.0 Brown Act Demands for Correction
1. Persons seeking to declare any action by the Council void for violation of the
Brown Act must first serve a written demand upon the City Clerk and allow the
Council thirty (30) days to correct its action before commencing a judicial action.
(15.1(a-b)).
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2. Subject of demand shall be placed on the agenda and Council will determine
whether to reconsider the action, and if so whether to take corrective action.
(15.2-15.3.).
3. Process does not void issuance of bonds or contractual obligations. (15.1).
16.0 Code of Conduct
1. Officials must be independent and impartial, should not use the public office for
personal gain, and should conduct actions in an atmosphere free of personal
animosity and hostility. Officials include elected, appointed, employees and
vendors. (16.1/16.3(a)).
2. Code to be reviewed periodically for guidance on conduct in common situations.
(16.2(a-b)).
3. City Manager is the administrative head of the City and the City Council is the
chief policy-making body of the City. (164.2(c)).
4. Defines duties of City Officials (16.3(b)); ethical standards (16.3(c)); and rules of
conduct. (16.3(d)).
5. Councilmembers should avoid impropriety, treat each other collegially, and
should seek advice from the City Attorney if they believe their actions may
appear to be inappropriate. (16.3(e-g)).
6. Councilmembers shall conduct email correspondence and segregate City emails
in a manner that allows ready compliance with public records requests. (16.3(h)).
7. Councilmembers shall not disclose or use any confidential information to
advance their own or another’s financial or personal interests. (16.4).
8. Official may not assert or imply that they are acting on behalf of the City unless
authorized to do so by the Council, shall provide disclaimers. If not acting
officially, and not communicate anonymously. (16.5).
9. City Manager is responsible for the administrative operation of the City. (16.6(a)).
10. Councilmembers should direct questions or information requests only to the City
Manager, City Attorney, Deputy City Manager, Department Heads, Human
Resources Manager, or Economic Development Manager. (16.6(b)).
11. Councilmembers should not disrupt or attempt to influence staff. (16.6(c-d)).
12. Councilmembers should check with staff before sending correspondence.
(16.6(e)).
13. Councilmembers should not attend meetings with staff unless requested.
(16.6(f)).
14. Employees shall be assigned to provide administrative support to
Councilmembers. (16.6(g)).
15. Officials should not direct the City Manager as to City personnel matters.
(16.6(h)).
16. City Manager shall require all staff and employees to observe the same rules of
procedure and decorum applicable to Councilmembers. (16.7).
17. Staff desiring to address the City Council or the public should address the
remarks to the Presiding Officer. (16.7).
18. Councilmembers should not solicit political support from staff. (16.8).
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TABLE OF CONTENTS
Page
1.0 AUTHORITY, INTERPRETATION ........................................................................ 1
2.0 GENERAL RULES ............................................................................................... 1
2.1 Quorum ...................................................................................................... 1
2.2 Vacancy by Unexcused Absence .............................................................. 1
2.3 Minutes of Proceedings ............................................................................. 1
2.4 Right of Floor ............................................................................................. 2
2.5 Rules of Order ........................................................................................... 2
2.6 City Manager ............................................................................................. 2
2.7 City Attorney .............................................................................................. 3
2.8 City Clerk ................................................................................................... 5
2.9 Deputy City Manager/Department Heads/Employees ............................... 5
2.10 Power to Issue Subpoenas ........................................................................ 5
3.0 TYPES OF MEETINGS ........................................................................................ 5
3.1 Public Meetings ......................................................................................... 5
3.2 Regular Meetings ....................................................................................... 6
3.3 Notice of Regular Meetings ........................................................................ 6
3.4 Adjourned Meetings ................................................................................... 7
3.5 Special Meetings ....................................................................................... 7
3.6 Closed Session Meetings .......................................................................... 7
3.7 Study Session Meetings ............................................................................ 8
3.8 Media Attendance ...................................................................................... 8
3.9 Recess ....................................................................................................... 8
3.10 Redevelopment Successor Agency and Improvement Authority
Business .................................................................................................... 8
3.11 Civic and Other Events .............................................................................. 9
4.0 OFFICERS ........................................................................................................... 9
4.1 Election of the Mayor ................................................................................. 9
4.2 Mayor Pro Tem .......................................................................................... 9
4.3 Presiding Officer ........................................................................................ 9
4.4 Point of Order .......................................................................................... 10
4.5 Personal Privilege .................................................................................... 10
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4.6 Preservation of Order............................................................................... 10
4.7 Councilmember Decorum ........................................................................ 11
5.0 AGENDAS .......................................................................................................... 12
5.1 No Discussion of Item Not on Agenda ..................................................... 12
5.2 Agenda Description ................................................................................. 12
5.3 City Manager Prepares Agenda With Mayor Oversight and
Concurrence ............................................................................................ 12
5.4 Scheduling Tentative Agenda Items ........................................................ 12
5.5 For Future Agenda Items ......................................................................... 13
5.6 Staff Reports ............................................................................................ 13
5.7 Order of Business .................................................................................... 13
5.8 Agenda Preparation Distribution .............................................................. 13
5.9 Agenda Posting ....................................................................................... 14
5.10 Minutes .................................................................................................... 14
5.11 Public Comments ..................................................................................... 14
5.12 Public Hearings ........................................................................................ 14
5.13 Consent Calendar .................................................................................... 14
5.14 Oral Reports ............................................................................................ 15
6.0 CITIZENS’ RIGHTS ............................................................................................ 15
6.1 Addressing the Council ............................................................................ 15
6.2 Disorderly Conduct .................................................................................. 17
6.3 Reading of Protests ................................................................................. 18
6.4 Written Communications .......................................................................... 18
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS ........................................ 19
7.1 Document Preparation ............................................................................. 19
7.2 Document Approval ................................................................................. 19
7.3 Ordinance Introduction/Adoption ............................................................. 19
7.4 Ordinance Preservation ........................................................................... 19
8.0 PROCEDURES REGARDING PUBLIC HEARINGS .......................................... 19
8.1 General .................................................................................................... 19
8.2 Staff and Written Material Presentation ................................................... 19
8.3 Public Hearing ......................................................................................... 20
8.4 Council Deliberations ............................................................................... 21
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8.5 Council Action .......................................................................................... 21
8.6 Extra-Meeting Contacts on Matters Set for Public Hearing ...................... 22
9.0 CENSURE OF MEMBERS ................................................................................. 23
9.1 Grounds for Censure ............................................................................... 23
9.2 Censure Defined ...................................................................................... 23
9.3 Censure Considered in Indemnification ................................................... 23
9.4 Notice and Opportunity to Cure ............................................................... 23
9.5 Initiation of Proceedings ........................................................................... 23
9.6 Hearing .................................................................................................... 24
9.7 Failure to Censure ................................................................................... 24
9.8 Sanctions ................................................................................................. 25
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES ............. 25
10.1 Mayor/Council Committees ...................................................................... 25
10.2 Creation of Advisory Boards and Committees ......................................... 25
10.3 Council Subcommittees ........................................................................... 26
10.4 Use of Email ............................................................................................ 27
10.5 Defense and Indemnification ................................................................... 27
11.0 PUBLIC RECORDS AND USE OF EMAIL ......................................................... 27
11.1 General. ................................................................................................... 27
11.2 Must Use City Email Account. .................................................................. 27
11.3 Use of Private Email Accounts Prior to the Adoption of These
Rules. ....................................................................................................... 27
11.4 Public Records Requests. ........................................................................ 27
11.5 Staff to Review City Accounts. ................................................................. 28
11.6 Emails in Possession of Councilmember. ................................................ 28
11.7 City Attorney Review................................................................................ 28
11.8 Definition of Public Records. .................................................................... 28
11.9 Exceptions ............................................................................................... 28
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS ........................................ 28
12.1 General. ................................................................................................... 28
12.2 Grounds for not Defending; Scope of Duties ........................................... 29
12.3 Cooperation in Councilmembers’ Defense ............................................... 29
12.4 City’s Duty to Defend – Limitations .......................................................... 29
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12.5 Reservation of Rights by City ................................................................... 29
13.0 SUSPENSION AND AMENDMENT OF THESE RULES .................................... 29
13.1 Suspension .............................................................................................. 29
13.2 Amendment ............................................................................................. 29
14.0 MOTIONS AND VOTING ................................................................................... 30
14.1 Table of Motions ...................................................................................... 30
14.2 Motion to be Stated .................................................................................. 30
14.3 Voting....................................................................................................... 30
14.4 Votes Needed .......................................................................................... 31
14.5 Abstentions .............................................................................................. 31
14.6 Motion to Reconsider ............................................................................... 32
14.7 Votes of Members Previously Absent ...................................................... 32
14.8 Precedence of Motions ............................................................................ 33
15.0 BROWN ACT DEMANDS FOR CORRECTION ................................................. 33
15.1 Requirement of Written Demand ............................................................. 33
15.2 Consideration of Corrective Action .......................................................... 34
15.3 Implementing Corrective Action ............................................................... 34
16.0 CODE OF CONDUCT ........................................................................................ 35
16.1 Statement of Purpose .............................................................................. 35
16.2 General .................................................................................................... 35
16.3 Rules of Civility ........................................................................................ 36
16.4 Disclosure of Information ......................................................................... 38
16.5 Improper Representation ......................................................................... 39
16.6 Non Interference with Administration ....................................................... 39
16.7 Decorum and Order – Employees ........................................................... 40
16.8 Not Solicit Political Support ...................................................................... 40
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
1.0 AUTHORITY, INTERPRETATION
As provided by Government Code Section 36813, the City Council hereby
establishes these Rules of Procedure (the “Rules”) for the conduct of meetings and of
City business generally. These Rules shall be interpreted and administered to be
consistent with the Rancho Palos Verdes Municipal Code (“RPVMC”), and state laws.
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.
Additionally, City commissions, committees and advisory bodies shall generally
administer their meetings in accordance with these Rules. In addition to these Rules,
the City Council has adopted Protocols for Officials (the “Protocols”) and by motion
adopted various policies (the “Policies”) establishing City procedures, which are
separately maintained. The Protocols have now been merged within these Procedures
and are no longer a separate document. These authorities shall be liberally constructed
and harmonized so as to carry out the City’s purposes which are to promote
transparency and citizen participation in a civil and respectful governance environment.
2.0 GENERAL RULES
2.1 Quorum
A majority of the members of the body, and in the case of the Council, 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 Councilmember is absent without permission from all regular Council
meetings for 60 days consecutively from the last regula r 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 Council shall be recorded by the City
Clerk or his/her designee and entered into the official minute books of the Council.
These minutes shall be available to the public following approval by the Council.
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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”, unless there are no
applicable provisions in which case the applicable provision of Robert’s Rules of Order
shall apply. However, no ordinance, resolution, proceedings or other action of the
Council will be invalidated, or the legality thereof affected, by the failure or omission t o
observe or follow said Rules. In the event of a conflict between the City’s Municipal
Code and/or these Rules of Procedure with the Rosenberg’s Rules of Order, the
provisions of the City’s Municipal Code shall prevail over other sources, and the Rules
and Procedures shall prevail over Rosenberg’s Rules.
2.6 City Manager
(a) General. The City Manager reports to and serves at the pleasure of
the Council and shall be governed by Chapter 2.08 of the RPVMC. 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.
(b) Attendance. 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 shall report to the Council on any proposed
periods of absence from the City and the reasons therefore. The City Manager will
regularly be available for emergency contact on a 24/7 basis. If the City Manager should
become or plans to become unavailable for any reason, the City Manager will notify the
Council and Staff in writing as to who is the acting Chief Executive of the City during
his/her absence. The City Manager should notify the Council and Staff in writing
immediately upon resuming his/her duties and becoming available.
(c) Duties. The City Manager shall have the duties specified in Section
2.08 of the RPVMC. The City Manager shall supervise staff to ensure that each staff
member maintains the policies and direction of the Council. The City Manager shall
keep the Council informed as to the administration of the City, and shall report on all
activities, meetings, and functions, including all conferences and gatherings attended on
behalf of the city.
(d) Business Trips and Travel. The Council will be advised in writing of
the City Manager’s planned city business trips for conferences, meetings and seminars
on an annual basis, within the first 30 days of the calendar year or within the first 30
days of employment, as applicable. Should a business trip become necessary that had
not been previously scheduled and noticed via the aforementioned process, the City
Manager will give as much advanced notice as possible, but no less than 14 days prior
to the conference, meeting or seminar and will not make arrange ments until 48 hours
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has passed from the time notice is sent to the Council. The Council will be given at least
30 days advanced notice on proposed vacation travel for periods longer than 2 days.
Said notification will not apply to sick leave or emergency leave situations. The City
Manager will promptly notify the Council via email of any changes to scheduled/planned
trips or meetings.
(e) Expense Reports. The Director of Finance will produce detailed
expense reports of all expenses for which reimbursement has been requested within 15
days after the close of each calendar quarter. The format of the report will be approved
by the Council. The City Manager shall only submit city business expenses for
reimbursement, providing all the requisite backup, including invoices, receipts and/or
other similar documentation.
(f) Advice of Council. Matters of significant importance (i.e., the
hiring/appointment of senior or highly compensated staff or third party contractors,
changes in the interpretation of the RPVMC, interaction or decisions with respect to high
profile city residents/businesses, notification of significant changes to contracts,
interaction or decisions with respect to any individual or entity that has initiated or
threatened litigation, issuance of any press release, etc.) will require written notification
to the City Council within two days thereof. Thereafter, upon the request of any
Councilmember, provided no detrimental reliance has arisen therefrom, the matter shall
be placed on a public agenda for consideration by the Council.
2.7 City Attorney
(a) Authority. The City Attorney, or deputy, shall attend all meetings of
the Council unless excused and shall attend all meetings of such other boards and
commissions as directed by the Council or City Manager. The City Attorney serves as
advisory parliamentarian for the City. Final rulings on parliamentary procedure are made
by the Presiding Officer. All ordinances and resolutions and all contracts, deeds,
easements or other legal instruments shall be approved as to form and legality by City
Attorney. In any case of ambiguity or uncertainty in the interpretation or application of
this Manual to any procedure, the Presiding Officer may direct such question to the City
Attorney for a ruling.
(b) Attorney-Client Privilege. The City Attorney is the legal
representative of the City acting through its City Council. Any member of the Council
may request from the City Attorney a legal opinion regarding any matter related to the
interests of the City. Where a legal opinion involves substantial cost, the request for the
opinion must first be approved by the City Manager or by a majority of the Council.
There is a continuing legal question as to whether the City Attorney may have an
attorney-client relationship with any individual member of the Council or the staff. As a
consequence, any discussion with the City Attorney which leads to the conclusion that
the interests of the City are at risk must be revealed to all relevant members of the
Council and the staff by the City Attorney. The City Attorney shall not have an attorney-
client relationship with individual Councilmembers. The City Attorney is required to
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maintain the confidentiality of such communications from persons outside the City to the
extent required or permitted by law and the code of ethics.
(c) Conflict Opinions. The City Attorney has no statutory duty or
authority under the Political Reform Act to provide Political Reform Act advice to any
Councilmember but should provide advice to members when requested. However, a
Councilmember may not rely on advice from the City Attorney to provide him or her with
immunity from Fair Political Practices Commission (“FPPC”) enforcement or
prosecution. Such immunity may be obtained only through a written advic e letter
obtained from the FPPC by the Councilmember. A Councilmember enjoys no privilege
of attorney-client confidentiality with the City Attorney any such advice cannot be
withheld from the rest of the Council. If, after receipt of an opinion of the City Attorney,
the Councilmember wishes to participate in the decision-making process with immunity
from prosecution, the City Attorney shall assist the Councilmember in making direct
contact with the FPPC for informal or formal advice upon which the Councilmember can
rely.
(d) Amicus. From time to time, other jurisdictions or the League of
California Cities or other regional or statewide association will ask the City to participate
in the filing of a letter or brief before a court in a matter deemed to be of concern to
cities generally and which would benefit the City. These “friend of the court,” or “amicus”
briefs show the court that its decision will have broad impact. Such participation is
normally without direct cost to the City. In considering whether to direct City Attorney to
file an amicus brief, the Council shall consider whether such brief would benefit or
conflict with other City-related interests such as, without limitation, the interests of
employee organizations, law enforcement or public safety.
(1) Upon receipt of the request, the City Attorney shall make the
request available through the City Manager to the Council. Upon a determination by any
Councilmember that there is an interest in participating in the action in the manner
proposed, the Councilmember shall inform the City Manager or City Attorney who shall
place the matter as an item for discussion in closed session on the agenda of the next
Council meeting. The City Attorney may also place an amicus request on the agenda on
his or her initiative.
(2) In lieu of the foregoing process, where there is urgency to
the matter, the City Attorney is authorized to undertake the filing of the letter or brief
where (i) in the opinion of City Attorney the legal matter significantly affects the interests
of the City, (ii) the City Attorney has consulted with and received the approval of the City
Manager, (iii) the cost to the City will not exceed $5000, and (iv) the City Attorney
makes a written report of the action to the Council.
(3) Approval given to City Attorney to defend, seek or refrain
from seeking, appellate review or relief, or to enter as an amicus curiae in any form of
litigation as the result of a closed session consultation shall be reported in open session
at the public meeting during which the closed session is held. The report shall identify, if
known, the adverse party or parties and the substance of the litigation. In the case of
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approval given to initiate or intervene in an action, the announcement need not identify
the action, the defendants, or other particulars, but shall specify that the direction to
initiate or intervene in an action has been given and that the action, the defendants, and
the other particulars shall, once formally commenced, be disclosed to any person upon
inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of
process on one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
2.8 City Clerk
(a) General. 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 ensure that all agendas are
prepared, noticed, and distributed in accordance with the Brown Act. 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.
(b) Minutes. An account of all proceedings of Council open meetings
shall be kept by the City Clerk. The City Clerk shall prepare an abbreviated record of the
meetings proceedings for approval by the Council, which when adopted by the Council,
shall be the official Minutes of the meeting. Amendment of the minutes may be made
only as to factual accuracy and not as to a change of intent. The Minutes of the meeting
need not be verbatim. Only the best and most complete available recording of the
meeting shall constitute the official record of the Council, but the Minutes shall
constitute the official record of the Council meeting where a verbatim record of the
meeting is not available.
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.
2.10 Power to Issue Subpoenas
The Council may issue subpoenas requiring attendance of witnesses , or
production of books, or other document for evidence, or testimony any action or
proceeding pending before it. (Govt. Code § 37104.) Subpoenas shall be signed by the
Mayor and attested to by the City Clerk. They may be served in same manner as
subpoenas in civil actions.
3.0 TYPES OF MEETINGS
3.1 Public Meetings
In accordance with the Brown Act (Govt. Code §§ 54950 et seq), all meetings of
the Council and all its commissions, committees and bodies, including standing
committees, shall be open to the public, except for (i) portions of meetings which can be
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conducted in closed session, (ii) meetings of less than a quorum, or (iii) meetings of
non-governing bodies operating in a wholly advisory role.
3.2 Regular Meetings
The Council shall meet in the Council Chambers located at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, for all regular meetings. Regular
meetings of the 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:
(a) When a Rancho Palos Verdes municipal election is conducted in
the City on the first or third Tuesday of any month, the me eting shall be held on the next
succeeding day, that is not a holiday.
(b) When an official City holiday falls on the first or third Tuesday of
any month, the meeting shall be held on the next succeeding day that is not a holiday.
Only closed sessions and study sessions may be held between six p.m. and
seven p.m. unless a regular meeting is adjourned to, or a special meeting is called for,
such time. All study sessions shall be noticed and open to the public and taped for
future telecasting on local TV provided that no telecasting is required during closed
sessions.
No study session or closed session will be held during such hours unless the
agenda is posted at least seventy-two hours prior to the meeting as required by Section
54954.2 of the California Government Code. No action shall be taken during any study
session held between such hours unless the agenda so provides.
The Council will adjourn its meetings on or before 11:00 p.m. and will not
consider new business items after 10:15 p.m., unless the majority of the
Councilmembers who are present affirmatively vote either to extend the meeting after
11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all of
the items listed on the agenda are completed, any unfinished business will be continued
to the next regular meeting unless the Council determines to consider the matter(s)
earlier at an adjourned regular meeting. 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 Notice of Regular Meetings
For every regular Council meeting, the City Clerk or his or her designee, shall
post a notice of the meeting, specifying the time and place at which the meeting will be
held, and an agenda containing a brief description of all the items of business to be
discussed at the meeting, as set forth in Section 5.2. The notice and agenda may be
combined into a single document.
The notice and agenda must be posted at least seventy-two (72) hours before
the regular meeting in a location freely accessible to the public twenty-four (24) hours a
day during the seventy-two (72) hour period and where the notice and agenda is not
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likely to be removed or obscured by other posted material, in the manner provided in
Section 3.5. Specifically, the notice and agenda shall be posted at the places indicated
below, and/or at such other location(s) as the City Clerk may designate:
City Hall
City Website
The locations for posting may be revised from time to time by resolution of the Council.
3.4 Adjourned Meetings
Any meeting of the 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.
3.5 Special Meetings
Special meetings may be called by the Mayor, or by a majority of the
Councilmembers, by delivering written notice to each Councilmember and to each local
newspaper of general circulation and any radio or television station requesting such
notice, in accordance with Government Code Section 54956. The notice for a special
meeting must specify the subject(s) to be considered, and only the matters specified in
the notice may be discussed at special meetings. The notice for a special meeting shall
be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a
location that is freely accessible to the public twenty-four (24) hours a day and where
the notice is not likely to be removed or obscured by other posted material. Specifically,
the notice shall be posted at the same locations designated for posting of the regular
agenda, and at such other location(s) as the City Clerk may designate.
3.6 Closed Session Meetings
(a) Generally. The Council may hold closed sessions during a regular
or special meeting, or at any time otherwise authorized by law, to consider any matter it
is authorized to consider in closed session. Public comment shall be permitted on
closed session matters prior to the closed session. If a closed session is included on the
agenda, the description of the item shall meet the requirements of and shall identify the
statutory basis for the closed session. During closed session, the Council shall exclude
all persons which it is authorized by state law to exclude from a closed session. No
minutes of the proceedings of the Council during a closed session are required. Closed
session may not be held regarding a matter not listed on a properly post ed agenda for
closed session except upon the Council first taking action to place the item on the
agenda as a closed session item as provided in Section 5.1 and as permitted by law.
(b) Confidentiality. No person attending a closed session shall publicly
discuss or otherwise reveal the discussion, content, and/or proceedings of the closed
session unless such disclosure has been approved by the vote of the Council taken
during the closed session or as otherwise required by law. Violation of this rule may
subject the violator to various penalties including (i) censure by the Council as provided
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in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under
Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv)
civil actions, including issuance of an injunction. To that end, an admonition shall be
added to every City Council agenda noting the privilege of the Closed Session and
warning of the legal consequences of violating the same. If minutes are kept, they are
not a public record and shall be kept confidential and shall be available only to
Councilmembers or as otherwise provided by law (Government Code § 54957.2(a)).
(c) Public Reports. Before recessing into closed session, the Presiding
Officer or City Attorney shall announce that the body is recessing into closed session
and shall name each closed session topic that will be discussed in closed session.
Public comment will be allowed on closed session agenda items prior to the closed
session. Upon leaving closed session, the Presiding Officer or City Attorney shall report
publicly any reportable actions taken on a closed session matter and, if any vote was
taken, shall announce that the matter was put to a vote, the results of the vote, and how
each Councilmember voted.
3.7 Study Session Meetings
The Council may meet informally in conference or “study” sessions regarding
concerns of the Council to gather and exchange information, and such meetings shall
be subject to the Brown Act, provided that all discussions and conclusions shall be
informal. Such meeting shall be called in the same manner as for special meetings or
adjourned meetings, as applicable. Each notice shall indicate that an opportunity for
public comment shall be provided before any matter shall be determined. When a
meeting has been designated a Study Session, the Council shall not take any action
with respect to the matter under study other than directing the City Manager to take
action on a particular item which will be brought back b efore the Council for formal
action or with prior public notice appearing on a properly posted agenda of such intent
to take action.
3.8 Media Attendance
Except for closed sessions, all meetings of the Council and City boards 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.
3.9 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.
3.10 Redevelopment Successor Agency and Improvement Authority Business
Unless otherwise directed by the Council, upon adjournment of the regular
Council meeting held on the first Tuesday of each month, the Council will meet as the
Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as
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the Rancho Palos Verdes Improvement Authority. The meeting of these bodies shall be
conducted in accordance with these Rules.
3.11 Civic and Other Events
(a) Notify City Manager of Meeting. If a quorum or more of the
Members of the Council will attend an event where City business will be discussed by a
quorum of the Council, the Councilmembers shall notify the City Manager so that the
event can be noticed as a Council meeting in accordance with the provisions of the
Brown Act.
(b) Attendance at Conferences and Social Events Permitted.
Notwithstanding the foregoing, three or more members of the Council may attend
conferences and social or community events in accordance with the Brown Act so long
as City business is not conducted at such events. In the event City expenditure is
proposed for other invited guests (as permitted by state law), such expenditure must be
approved by the Council at a regularly scheduled Council meeting that is held in
advance of the event.
4.0 OFFICERS
4.1 Election of the Mayor
The Mayor is a member of the Council and shall be publicly elected by a majority
vote of Council at the first regular meeting in December or, in the case of an election
year, upon certification of the election results. The individual who is elected by the City
Council as Mayor serves as Mayor at the pleasure of the Council. As a Councilmember,
the Mayor shall have all the powers of a member and only such additional powers as
specified herein or in the RPVMC.
4.2 Mayor Pro Tem
The Mayor Pro Tem is a member of the City Council and shall be publicly elected
by a majority of the Council. The individual who is elected by the Council as Mayor Pro
Tem serves as Mayor Pro Tem at the pleasure of the Council. Should the Mayor, for
any reason, be out of Los Angeles County for a period of 24 hours or longer, he / she
shall notify the Mayor Pro Tem and the City Manager of his/her intent and the Mayor
Pro Tem will assume the Mayor’s duties until the Mayor has notified the Mayor Pro Tem
and the City Manager of his/her return to Los Angeles County.
4.3 Presiding Officer
(a) Determination of Presiding Officer. The Mayor, if present, shall
preside at all meetings of the Council as the Presiding Officer . In the Mayor’s absence,
the Mayor Pro Tem shall preside. In the absence of both, the Councilmembers present
shall elect a temporary Presiding Officer.
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(b) Presiding Officer Participation. The Presiding Officer’s most
important function is to run an efficient meeting and to move the discussion forward and
encourage participation. Notwithstanding the Presiding Officer may move, second, and
debate from the Chair, and shall not be deprived of any rights and /or privileges of a
Councilmember.
(c) Obligations of Presiding Officer. The Presiding Officer shall have
the authority to rule any speaker out of order, including speakers during the public
comment period, if the subject raised is not within the subject matter jurisdiction of the
Council, or during a public hearing if the speaker is not presenting testimony or
evidence relevant to the matter which is the subject of the public hearing. The Presiding
Officer shall have the responsibility for the conduct of meetings in an orderly manner
and to prevent the obstruction of business, and in carrying out this responsibility, shall
have the authority to give the floor to any Councilmember or public by recognizing them,
to prevent the misuse of legitimate forms of motions or privileges, to take matters u p
that are deemed out of order, to caution speakers as to disruptive behavior, and to order
any persons willfully interrupting the meeting to be removed from the room , as provided
in Sections 4.6 and 6.2. Where large numbers of speakers wish to address a matter, the
Presiding Officer can shorten the normal time period for speaking, call for
representatives to speak for the group, and/or limit repetitious speakers.
4.4 Point of Order
Any determination made by the Presiding Officer can be questioned by raising a
point of order, and if the determination is not satisfactorily modified by the Presiding
Officer, it may be appealed by the making of a Motion to Appeal the Ruling by any
Councilmember. The Presiding Officer’s determination will stand unless a majority of the
Councilmembers vote in favor of the Motion to Appeal the Ruling, in which case the
ruling of the Presiding Officer will be overridden. The Motion to Appeal the Ruling is
governed by the Chart of Motions attached as Exhibit A.
4.5 Personal Privilege
If a Councilmember is personally offended by the remarks of another member,
the offended Councilmember may call for a “point of personal privilege” that challenges
the other member to justify the remarks or apologize for the language used. The
Presiding Officer will maintain control of such discussion. The right of a member to
address the Council on a question of personal privilege shall be limited to cases in
which his integrity, character, or motives are assailed, questioned or impugned.
4.6 Preservation of Order
The Presiding Officer shall preserve strict order and decorum, and shall confine
debate to the item under discussion, and shall discourage debate between
Councilmember’s and persons addressing the Council. Any person conducting their
public remarks or behavior before the Council in such a way as to actually cause
disruption to the conduct of the meeting, may be removed from the room by the
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enforcement officer as directed by the Presiding Officer. Remarks from the audience,
stamping of feet, whistles, yells and similar disruptive demonstrations shall not be
tolerated nor permitted by the Presiding Officer, who may direct the enforcement officer
to remove such offenders from the room or call a recess of the meeting whereby the
Council will leave the chamber and the chamber may be cleared. Aggravated cases
may be prosecuted on appropriate complaint signed by the Presiding Officer. In
accordance with Section 6.2, the Presiding Officer shall provide a verbal warning prior
to ordering removal of any person unless circumstances make it unreasonable to do so.
4.7 Councilmember Decorum
(a) Recognition. Any Councilmember wishing to speak, or any member
of the public wishing to address the Council, must first obtain the floor by being
recognized by the Presiding Officer. The Presiding Officer must recognize any
Councilmember who seeks the floor when appropriately entitled to address the Council.
The Presiding Officer should generally recognize a councilmember who has not spoken
before recognizing a Councilmember a second time. The Councilmember shall confine
himself or herself to the question under debate.
(b) Motions. Any Councilmember, including the Presiding Officer, may
bring a matter of business properly before the Council for decision by making a motion.
All motions require a second. Without a second, the motion will die. Once a motion is
seconded, it may be opened for discussion and debate, but the Presiding Officer may
permit discussion prior to the motion. Once the Council has had a chance to speak in
favor or against the motion, the Presiding Officer will call for a vote. Any
Councilmember, including the Presiding Officer, except the Councilmember making the
motion, may second a motion.
(c) Interpretation. A Councilmember, once recognized, shall not be
interrupted while speaking unless called to order by the Presiding Officer, unless a Point
of Order is raised by another Councilmember, or unless the Councilmember chooses to
yield to questions from another Councilmember. Any Councilmember called to order
while speaking shall cease speaking immediately until the question of order is
determined.
(d) Enforce Rules. Any Councilmember may move to require the
Presiding Officer to enforce rules, and the affirmative vote of a majority of the Council
shall require the Presiding Officer to so act.
(e) Texting. Councilmembers shall not engage in communications
between themselves or members of staff during the Council meeting (including breaks)
regarding matters being considered on the agenda unless and until the Council has
opened that agenda item. No electronic texting is permitted between Councilmembers,
or between Councilmembers and the public during meetings. In order to minimize
exposure to a Brown Act violation, Councilmembers are discouraged from discussing
any City business during breaks or before and after meetings . City business may only
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be discussed by a quorum of Councilmembers when opened as a duly-noticed agenda
item.
(f) Discussion/Debate. Councilmembers shall practice civility and
decorum in discussions and debate, and shall honor the authority of the Presiding
Officer in maintaining order.
5.0 AGENDAS
5.1 No Discussion of Item Not on Agenda
No action or discussion shall be undertaken on any matter not appearing on a
properly posted agenda except (i) councilmembers or staff can briefly respond to
statements or questions arising during public comments (Section 6.1(d)); (ii) oral reports
may be given pursuant to Section 5.1; and (iii) matters are added by a 2/3 vote of the
members present, or if less than 2/3 are present, a unanimous vote of those present,
where a finding is made that there is a need to take immediate action and the need to
act arose subsequent to the posting of the agenda; and (iv) such other causes permitted
by the Brown Act (G.C. 54954.2). An “action is taken” within the meaning of the Brown
Act when a collective decision is made by a majority of the Councilmembers, including a
collective commitment or promise to make a positive or negative decision upon a
motion, proposal, order, or other action.
5.2 Agenda Description
The agenda description may be brief but with sufficient detail so that a person
otherwise unaware of the topic could determine the general nature or subject matter of
the item by reading the agenda. Recommended actions will be listed on the agenda.
5.3 City Manager Prepares Agenda With Mayor Oversight and Concurrence
The City Manager prepares the agenda in conjunction with and with the
concurrence of the Mayor, including the order and priority of agenda items. In
establishing the agenda, consideration should be given to the estimates of time required
for the Council to review, consider and take action regarding each agenda item and the
meeting deadlines established in Section 3.2. In the absence of the Mayor, the Mayor
Pro Tem will assume this responsibility as the Council’s representative. The Mayor will
provide the appropriate oversight to ensure that agenda items are timely and responsive
to the needs of the residents. The City Manager is responsible for having appropriate
staff reports with sound professional recommendations ready for inclusion in all Council
Agenda packages. Should occasions arise where that is not possible, the City Manager
will so advise the Mayor who will decide a course of action.
5.4 Scheduling Tentative Agenda Items
All members of the Council shall be made aware of tentative agendas for
upcoming meetings on a weekly basis. Individual Councilmember ’s may request that an
item currently included and listed as a tentative agenda item be placed on a specific
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agenda by making such requests to either the Mayor or the City Manager. The Mayor
may decide that other issues have greater priority and will either schedule the item for a
different agenda or deny the request.
5.5 For Future Agenda Items
If the Mayor declines to place the requested item on an upcoming Council
agenda, the Councilmember may then make the request directly to the Council at a
Council meeting under the business item entitled “Tentative Agenda Items” and a
majority of the Councilmembers must vote to place the item on a specific agenda, and if
that action is taken, the Council will specify the meeting agenda upon which the item
shall be placed.
5.6 Staff Reports
With the exception of consent calendar items, all agenda items shall be
accompanied by a staff report. Staff shall strive to provide staff reports to the Council
with sound, professional recommendations on a course of action for all City issues to
the maximum extent practical along with pertinent facts and analysis to enable the
Council to make an informed decision. The report shall include specific
recommendations in the form of a motion which could be taken, along with alternative
actions which could be taken. If a Councilmember prepares a report for an agenda item,
it shall be submitted to the City Manager at the same time that other agenda reports are
to be submitted.
It is within the prerogative of the Council, by unanimous consent, to waive the
actual oral presentation of any report.
5.7 Order of Business
(a) Call to Order, Roll Call, Pledge of Allegiance
(b) Closed Session Report
(c) Ceremonial
(d) Mayor’s Announcements
(e) Drawings (Recycling and Others)
(f) Approval of Agenda
(g) Public Comments
(h) City Manager Report
(i) Consent Calendar
(j) Public Hearings
(k) Regular Business
(l) Future Agenda Items
(m) Council Oral Reports
(n) Adjournment
5.8 Agenda Preparation Distribution
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The Agenda shall be delivered to the Mayor and Councilmembers as soon as
practicable after 5:30 p.m. on the Tuesday preceding the Tuesday meeting. The agenda
shall be posted on the bulletin board at City Hall at the same time that it is distributed to
the Councilmembers. If the agenda is distributed to Councilmembers after 5:30 p.m.,
the full agenda packet, including reports, shall be made available to the public upon
request without delay, in accordance with the provisions of the Brown Act. Closed
session reports will be delivered to Councilmembers by the Friday evening prior to the
meeting, unless circumstances prevent such distribution.
5.9 Agenda Posting
In accordance with Section 3.3 herein, 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.
5.10 Minutes
Minutes will be approved by posting them as a Consent Calendar item and after
the City Clerk previously furnished a copy to each Councilmember.
5.11 Public Comments
During Public Comments, any person may address the Council on any subject,
provided that the item is within the subject matter jurisdiction of the Council and is not
otherwise on the agenda. Comments shall conform with Section 6.1.
5.12 Public Hearings
Items requiring a Public Hearing will be published and/or mailed to property
owners as required by law. Public hearings shall be conducted in accordance with
Article 8.0.
5.13 Consent Calendar
(a) Items Appropriate for Consent Calendar. Items listed under the
Consent Calendar are those items the City Manager believes, and the Mayor concurs,
will not normally require Council discussion and are considered ministerial and routine,
or of a periodic or recurring nature. The Consent Calendar may also contain resolutions
confirming prior Council action. However, the Consent Calendar is not for new policies
that have not been discussed previously by the Council or any item that is anticipated to
require discussion by the Council. Accordingly, any matter where the City Manager with
the concurrence of the Mayor, believes (i) it unlikely that there would be unanimous
approval by the Council, or (ii) there is likely to be public comment on the matter, or
(iii) a public presentation of the matter would be beneficial to the community, should be
on the Regular Business portion of the meeting.
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(b) Excluded Consent Items. 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 Council. If a member of the public has requested to speak on that item, the item
shall be pulled from the Consent Calendar and heard immediately after the approval of
Consent Calendar.
5.14 Oral Reports
(a) General. Regular agenda items include oral reports by the Council
and City Manager. These can be used to inform the public concerning upcoming events,
report on attendance at conferences and seminars, or similar matters. These matters
may not be discussed, opined upon or deliberated, and if they do not concern a matter
on the agenda, shall be handled by the Presiding Officer according to the same
procedures set out for Public Comment in Section 6.1(d). No action may be taken on
such matters without being placed on a subsequent agenda.
(b) Council Reporting Obligations. Councilmembers have reporting
obligations as to events attended as an elected official of the City. The Mayor may, with
the consent of the Council, limit the time for such reports or defer them to a future
meeting, provided that the Councilmember’s legal reporting obligations are met.
Councilmembers are required to provide a brief oral report on their attendance at any
meetings where City funds have been expended. Detailed reports should be made in
writing. Written reports will be posted on the City’s website. Reports should generally
omit functions that are purely of a social, charitable, or personal nature.
(c) City Manager Reports. The agenda matter referred to as City
Manager Reports may be used by the City Manager as provided in Subsection (a)
above to make announcements without separately listing each item on the agenda, and
subject to the same restriction that there may be no discussion or action on such matter
without being placed on a subsequent agenda.
6.0 CITIZENS’ RIGHTS
6.1 Addressing the Council
(a) Times for Public Comment. Any person may address the Council
on the following portions of the agenda:
(1) Public Comments as provided in Section 5.5.
(2) Public Hearings as provided in Article 8.0.
(3) All other portions of the agenda prior to a vote, if any, being
taken.
(b) Comments on Agenda Items. Members of the public shall have the
opportunity to address the Council on each and every item listed on the agend a. Public
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comment on agenda items will generally be heard prior to Council
consideration/discussion of the item. Public comments on an agenda item may be heard
either in combination with the General Public Comment period at the start of the
meeting, or at the time the Council opens the item, or both, as determined by the
Council and set forth in the agenda.
(c) Procedures for Public Comment.
The following shall apply:
(1) Each person addressing the Council shall step to the podium
and give their name for the record and identify the subject
matter of the comment. The giving of an address is strictly
voluntary.
(2) Each speaker is limited to three minutes on Public
Comments. All remarks shall be directed to the Mayor and
Council as a body and not to any particular member.
(3) No person, other than members of the Council and the
person having the floor, shall be permitted to enter into the
discussion.
(4) No question shall be asked of Councilmembers or staff
except through the Mayor.
(5) The 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) All questions from Councilmembers must be limited to facts-
only informational inquiries, and the Council may not discuss
the merits, express any opinions or ask questions that
convey opinions or thought processes with respect to any
non-agendized issue.
(7) These guidelines will generally apply to special meetings as
well, but the Council reserves the right to otherwise limit or
preclude Public Comments during special meetings to items
listed on the agenda of the special meeting.
(d) Response to Comments. At the close of the speaker’s comments,
or the close of the period for public comment , the Presiding Officer may ask staff to
respond to the speaker’s comments. Unless there is an agenda item on the subject, the
speaker comments may not be responded to substantively. If there is an agenda item,
the substantive response shall be deferred until the matter is considered . The Presiding
Officer may only refer the matter to staff for investigation and/or response; or request
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that the matter be placed on an agenda for a subsequent meeting for action by the
Council.
6.2 Disorderly Conduct
(a) Disorderly Conduct Prohibited. No speaker or person in the
audience at a Council meeting shall engage in disorderly or boisterous conduct,
including the utterance of loud, threatening, or abusive language, whistling, stamping of
feet, booing or other acts which disturb, disrupt or otherwise impede th e orderly conduct
of any Council meeting. Applause will be permitted, as deemed acceptable by the
Presiding Officer, except during public hearing items.
(b) Examples. Examples of remarks or behavior that can cause actual
disruption of the Council proceedings include but are not limited to:
(1) Failure to comply with an order to be seated or refrain from
disrupting the meeting.
(2) Interrupting speakers.
(3) Calling members of the audience names.
(4) Extended discussion of irrelevancies or being unduly
repetitious.
(5) Physical threats.
(6) Shouting into the microphone.
(7) Dumping items on the floor of the chamber or using similar
physical props.
(8) Speaking past time limits unless a time extension is
requested and is granted.
(9) Constant interruptions.
(10) Interruption of the meeting to make “objections”.
Examples of conduct judicially determined not to be disruptive include (i) silent
gestures by members of the audience, such as a thumbs up or thumbs down , or salutes
that are not otherwise disruptive of the meeting, or (ii) catcalls or booing during a time
allowed for applause that does not otherwise disrupt the meeting. Mere criticisms of
public officials or staff that may reasonably be inferred as showing disrespect or tending
to embarrass such officials, without other conduct disrupting the meeting, is not
considered disorderly conduct.
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(c) Sanction. Any person who conducts himself or herself in the
aforementioned manner shall, at the discretion of the Presiding Officer or by a majority
of the Council, pursuant to a point of order requested pursu ant to Section 4.4 of these
Rules, be barred from further audience before the Council during the meeting. The
Presiding Officer shall request that a person who is breaching these Rules be orderly
and silent. If, after receiving a warning from the Presiding Officer, a person persists in
disturbing the meeting, the Presiding Officer may order the person to leave the Council
meeting. If such person does not immediately remove himself or herself, the Presiding
Officer may order any law enforcement officer who is on duty at the meeting or a
sergeant-at-arms of the Council, to remove the person from the Council Chambers.
Alternatively, the Presiding Officer may recess the meeting until a law enforcement
officer is able to arrive and remove the disruptive person.
(d) Clearing Room. As set forth in Government Code § 54957.9, in the
event that any meeting is willfully interrupted by a group or groups of persons so as to
render the orderly conduct of such meeting infeasible, and if order cannot be restored
by the removal of individuals who are willfully interrupting the meeting, the
Councilmembers may order the meeting room cleared and continue the meeting. Only
matters appearing on the agenda may be considered in such a session. Duly accredited
representatives of the press or other news media, except those participating in any
disturbance, shall be allowed to attend the session held pursuant to this Section.
Nothing in this Section shall prohibit the Council from establishing a procedure for
readmitting an individual or individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
6.3 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 Council.
6.4 Written Communications
Any person(s) may submit written comments to the Council through the City
Clerk or City Manager’s office and request that Council receive copies in the agenda
packet, provided such written comments are received in sufficient time to include them
in the agenda packet. Written communications may consist of letters, facsimiles or
messages received by electronic mail. Written communications that are submitted after
the agenda has been distributed to the Council will be distributed to the Council as late
correspondence. It is strongly recommended that such communications be received by
the Monday preceding regular Council meeting in order for the Coun cil, as well as the
public to have an opportunity to read the communication.
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7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
The content and form of all ordinances and resolutions shall be approved by the
City Attorney. All ordinances shall be clear and a statement of intent is included when
useful for future interpretation. No ordinance shall be prepared for presentation to the
Council unless ordered by a majority vote of the Council.
7.2 Document Approval
All ordinances, resolutions, and contracts shall, before being placed on the
agenda, be approved as to form and legality by the City Attorney. All documents shall
be reviewed by the City Manager.
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Councilmember
disagrees that the ordinance can be read by title only and requests a full reading.
Ordinances introduced by first reading shall not be adopted within five days of the
introduction, nor at other than a regular or an adjourned re gular 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. Voting requirements are
contained in Article 12 herein.
7.4 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.
8.0 PROCEDURES REGARDING PUBLIC HEARINGS
8.1 General
When public hearings are required by law and involve the adjudication of
individual property rights and interests, they are considered to be quasi -judicial
proceedings in which the individual has due process rights. Accordingly, such hearings
need to be conducted formally and with due process to protect the rights of all persons.
Applicants are entitled to a decision by an unbiased body which has not prejudged the
matter before hearing all evidence relevant to the decision to be made.
8.2 Staff and Written Material Presentation
(a) Staff Report. Staff reports, which shall include the findings and
determinations that the Council is required to make, included in the agenda packet ,
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along with written comments (e.g. protests, etc.) which have been received, are noted
for the record, and received and filed.
(b) New Written Material. Written material not in the agenda packet, if
any, is received and filed.
(c) Oral Report. Oral staff reports, if any, are presented by a staff
member, unless waived by the Council.
(d) Council Questions of Staff. Prior to hearing public testimony or
comments, Councilmembers are encouraged to raise factual issues or questions which
can clarify and identify issues of concern. Councilmembers shall refrain from asking
questions or expressing opinions which tend to show the Councilmembers have formed
opinions before the hearing has been conducted and public testimony received.
(e) Record. All the aforementioned materials shall be deemed a part of
the public record, even though the public hearing is not opened until conclusion of the
staff report. All discussions following the close of the hearing are also a part of the
record of the matter.
8.3 Public Hearing
(a) Hearing. Following the presentation of the staff report, the Presiding
Officer shall open the public hearing in order to take testimony from members of the
public who wish to testify in support or opposition to the matter being heard. The
Presiding Officer may establish an order for sp eakers, such as those in favor or
opposed.
(b) Procedures. Based on the number of persons wishing to speak,
ground rules can be set as long as they are evenly applied, limiting speaker times,
providing for representative speakers and so forth. The Presiding Officer’s instructions
to the audience may vary and will depend upon the issue being discussed. Generally,
the instructions will follow these general guidelines:
(1) Participants must speak from the podium;
(2) The normal time limit for each speaker is three minutes;
(3) The testimony should be relevant;
(4) Repetition should be avoided;
(5) Speakers will be discouraged from reading a submission that
is already contained in the agenda materials;
(c) Speaker Time. Although the normal time limit is three minutes for
each speaker, the Presiding Officer may grant additional time to a representative
speaking for an entire group. However, this should not discourage anyone from
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addressing the Council individually. Speakers may not allocate or assign their time to
another speaker. absent approval by the Presiding Officer.
(d) Principal Parties 10 Minutes Each. 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. Norma lly, the
applicants and appellants will be limited to a three minute rebuttal , if requested after all
other interested persons have spoken.
(e) Questioning Speakers. The Council will generally reserve
questioning of individual speakers until after the completion of the speaker’s testimony.
Questions still need to be factual and without bias until the hearing is concluded and all
testimony is received. Questions of staff should not be interjected when speakers are
questioned and questions of staff shall occur after the close of the hearing.
8.4 Council Deliberations
(a) Closure of Hearing. After the Presiding Officer has determined that
there is no more public testimony, the hearing will be ordered closed and the Council
will then deliberate on the matter. After the hearing is closed, there should be no further
public testimony unless the Presiding Officer reopens the hearing.
(b) Answering Speaker Questions. At the Presiding Officer’s discretion,
after the close of the hearing, staff and/or Council may answer questions posed by
speakers during their testimony.
(c) Questions by Council. The Council may also ask staff to address
questions raised by the testimony, or to clarify matters.
(d) Debate. The Council will then debate and/or make motions on the
matter.
(e) Member Limitations. During Council deliberations, the Presiding
Officer will allow each Councilmember to speak once prior to allowing another
Councilmember to speak again. Councilmembers should strive to avoid repetition.
Councilmembers are permitted to ask questions of each other or debate relevant issues
as part of their deliberations.
8.5 Council Action
(a) Continuance. The Council may reopen and continue the hearing or
continue the matter without reopening the hearing.
(1) The matter should be reopened if any additional information
is requested to allow testimony on the new information when it is obtained.
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(2) Continuing a public hearing to a specific date does not
require additional notice but would be re-noticed if no specific date is identified.
(b) Actions. The Council may:
(1) Vote on the item;
(2) Offer amendments or substitute motions to decide the
matter;
(3) Reopen the hearing for additional testimony;
(4) Continue the matter to a later date for a decision . No
additional testimony may be received if the hearing is not
continued.
(c) Findings. Councilmembers should generally explain their actions in
quasi-judicial matters, and should make appropriate findings to support their action.
Written resolutions may be adopted or prepared for a subsequent meeting.
(d) Tie Votes. A tie vote is, in effect, a denial of the matter. In the event
of a tie vote, (i) if a Councilmember was absent, or (ii) if it was a quasi-judicial matter,
the matter will be automatically continued to the next meeting without reopening the
hearing. No motion to reconsider is required.
8.6 Extra-Meeting Contacts on Matters Set for Public Hearing
(a) Minimize Contact. Councilmembers should minimize their contacts
with developers, applicants, or other persons who will be the subject of a quasi -judicial
public hearing to be heard before the Council. Councilmembers should avoid extra-
meeting contacts with persons who will be the subject of a public hearing before the
body or with advocacy groups or special interest groups.
(b) Any Extra Meeting Comments Noncommittal. If a Councilmember is
contacted directly by such person outside the meeting setting, the Member shall refrain
from expressing any viewpoints or thought processes to the person until after the public
hearing. The Councilmember may explain that they are unable to express any viewpoint
on the matter until all evidence has been heard in the course of a public hearing and
should encourage any such person to present their position in writing or orally at the
public hearing.
(c) Disclosure. At the commencement of the public hearing, the
Councilmember must disclose publicly any extra-meeting contacts or discussions which
may be relevant to the decision.
(d) Inspection. The limitations set forth in this Section shall not be read
as preventing a Councilmember from inspecting a site that will be relevant to a public
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hearing, although such sight inspection should be disclosed on the record at the
beginning of the public hearing.
9.0 CENSURE OF MEMBERS
9.1 Grounds for Censure
It shall be a violation of this section for any sitting Councilmember to violate any
general law or regulation, and any rule, law, ordinance or resolution of the City of
Rancho Palos Verdes. It shall also be a violation of this section for any sitting
Councilmember (i) to violate an administrative policy of the City which has been
adopted following a vote of the Council on the matter, or (ii) to act to impede the
carrying out of any lawful administrative action of the City Manager undertaken to carry
out any approved policy or rule of the City.
9.2 Censure Defined
Any violation of Section 9.1 by a Councilmember may be reprimanded through
the administration of a public censure of the member by the Council. Such censure may
be in addition to any other lawful action or punishment applicable to the violation. For
purposes of this section, “censure” shall mean the adoption of a motion setting forth a
formal statement of disapproval of a Councilmember’s conduct.
9.3 Censure Considered in Indemnification
When evaluating a request for defense or indemnification made by the censured
member in litigation arising from the censured conduct, the record of the censure shall
be considered by the Council. Such record shall not be determinative. Failure of the
Council to censure the conduct of a member does not constitute a waiver of the body’s
right to refuse to indemnify or defend the member in an action.
9.4 Notice and Opportunity to Cure
A Councilmember may not be made the subject of a motion for censure without
first being given notice of the alleged violation and an opportunity to correct the
violation, if it can reasonably be corrected.
9.5 Initiation of Proceedings
Upon a continued violation or failure to correct, the charged Councilmember shall
be given notice and an opportunity to be heard as follows:
(a) Initiated by Member. Only a sitting Councilmember may initiate
proceedings for the censure of one of its members.
(b) Statement of Charges. Proceedings shall be commenced by the
presentation of a written statement of charges to the subject Councilmember with a
copy delivered concurrently to the City Clerk by the member initiating the charge.
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Initiation shall not require the prior approval of the Council. The statement of charges
shall be given at least ten (10) days prior to the meeting at which the censure motion is
proposed to be brought. The notice shall contain, at a minimum, the designation of the
specific rule, law, regulation, etc., which the member is claimed to have violated and a
statement of the date, place and time at which such violation occurred. The statement
shall further contain a description of the conduct of the member which is alleged to
constitute the violation. A copy of the statement of charges shall be delivered to all other
Councilmembers.
(c) Response. Within seven (7) days after delivery of the statement of
charges, the charged Councilmember should deliver a written response to the other
members of the Council unless the charged Councilmember chooses to defer the
response to the hearing.
9.6 Hearing
(a) Generally. The motion for censure shall be agendized and
considered at the first regular meeting occurring at least ten (10) days following the
delivery of the statement of charges to the charged Councilmember and City Clerk. The
hearing may not be continued except upon the absence from the meeting of a member
of the Council other than the initiating Councilmember or the charged Councilmember.
(b) Open Hearing. The hearing shall be conducted in an open session
by the Mayor unless the Mayor is a party to the action, in which case the Mayor Pro
Tem or some other member shall conduct the proceedings.
(c) Procedure. The hearing shall generally proceed by a reading of the
charges by the initiating Councilmember. The charging Councilmember may present
witnesses; the charged Councilmember may answer in rebuttal; members of the public
may speak in favor of or in opposition to the charge; and the remaining
Councilmembers may speak to the charges in that order.
(d) Voting. Passage of the motion for censure shall require a majority
vote of the Council. The voting Councilmembers shall not recess to closed session for
deliberation.
9.7 Failure to Censure
If the motion for censure does not pass, the proceedings shall be concluded. A
new motion for censure on the same grounds of violation may not thereafter be
commenced against the same Councilmember for a period of one (1) calendar year
from date of the vote. However, new proceedings may be commenced on the same
charges within the one (1) year period on the affirmative or unanimous vote of the non-
charged Councilmembers.
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9.8 Sanctions
If the motion for censure does pass, such motion shall become a part of the
public record, a copy of which shall be made available upon demand to any member of
the public, subject to the City’s Uniform Schedule of Fees, and notice of same shall be
placed in the administrative file of the Councilmember. The Council may impose any
sanctions authorized by law in conjunction with the censure of a Councilmember.
Additional sanctions may be imposed if the initial sanctions are ineffective.
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES
10.1 Mayor/Council Committees
At the first or second meeting in January of each year, subject to ratification by
the Council, the Mayor shall appoint Councilmembers to serve as delegates,
representatives and/or alternates on various committees, which require a Council
representative. Generally, appointments should recognize the interest and availability of
the proposed appointee and fairly distribute the workload amongst the Councilmembers.
10.2 Creation of Advisory Boards and Committees
(a) Creation. The Council may create boards, commissions, or
committees to act as advisory boards to the Council. Creation may be by ordinance or
resolution specifying the duties of the body in the case of permanent bodies, or by
motion in the case of ad hoc bodies.
(b) Appointments. he Council shall make appointments to citizen City
boards, commissions, and committees pursuant to City Council Policy No. 6. All
applicants willmay be interviewed by the Council at a public meeting and shall be
appointed by a majority vote of the Council. All appointees serve at the pleasure of the
Council. The procedure of filling vacancies and provision of notice thereof shall be
subject to the provisions of the Madd y Act (Govt. Code §§ 54970-54974) which require
a 10-day notice of the availability of the position for appointment .”
(c) Duties. Other than the Planning Commission, whose duties are
specified in the RPVMC and the California Government Code, the primary purpose of
City boards, commissions, and committees is to act in an advisory capacity as deemed
appropriate by the Council. The Council shall provide specific direction to each board,
commission, or committee as to what tasks or projects the Council desires the body to
accomplish and the method by which the body will report to the Council on their
activities. The City Manager shall assign a staff member to assist each body and to
provide necessary support. Should the City Manage r believe that a request by the body
is/are either inappropriate of excessive, the City Manager may bring the matter to the
Council’s attention.
(d) Advisory Formation. City boards, commissions, and committees are
merely advisory to the Council and have no authority to commit City resources such as
personnel, time, materials, or money without the approval of the Council. They provide
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the residents’ perspective and assimilate information from staff, consultants, and the
public. Just as they are not authorized to make policy decisions for the Council,
members of boards, commissions, and committees are not expected to take the place
of staff or do work that is more properly handled by staff.
(e) Removal and Dissolution. Absent any other provision to the
contrary, members of boards, commissions, and committees may be removed by the
Council, without cause, by a majority vote of the whole Council. Any Councilmember
may place the question of such removal on an agenda. Any boards, commissions, or
committees so created, may be abolished by a majority vote of the members of the
Council by repeal of the enacting ordinance or resolution.
10.3 Council Subcommittees
(a) Establishment. Council Subcommittees, either standing or ad hoc,
may be created by the Council from time to time, and shall be composed of two
Councilmembers. They may also include members of a commission or committee if
deemed appropriate by the Council. If standing committees are comprised of members
not on the Council, they may be subject to the agenda and public meeting requirements
of the Brown Act. Ad hoc subcommittees have a limited duration and scope under the
Brown Act. The Council shall have the power to establish advisory boards,
commissions, and committees. Any committee which is (i) established by ordinance,
resolution or other formal action, or (ii) has a fixed regular meeting schedule, or (iii) has
continuing subject matter jurisdiction over a non -temporary issue, or (iv) which
continues to conduct business in excess of 180 days , or (v) has a majority membership
of officials from other legislative bodies, shall be subject to the provisions of the Brown
Act.
(b) Duties. Council Ad Hoc and Standing Subcommittees shall be
established for specified purposes to gather information and report back to the full
Council. Council Subcommittees shall work collaboratively with staff in an expeditious
and deliberate manner, subject to instructions from the full Council on the extent and
duration of the Subcommittee’s actions.
(c) Staff Support. Financial considerations must be taken into account
regarding allocation of staff time. The City Manager shall provide staff support, including
a staff liaison to provide feedback and offer expertise as deemed appropriate by the City
Council in achieving the goals specified by the Council.
(d) Reports. Timely Subcommittee reports shall be conveyed to the full
Council as deemed appropriate by the Council and/or the Subcommittee during the
Council Reports section of the Council agenda. Council should respect the
Subcommittee framework and offer input to the process through its two members. The
Council Ad-Hoc and Standing Subcommittees should strive to keep all Councilmembers
and the public apprised of Council Ad-Hoc and Standing Subcommittees actions and
accomplishments.
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10.4 Use of Email
All members of commissions, committees, and boards are subject to the same
rules regarding use of email as are Councilmembers. Mandatory use of the @rpvca.gov
email accounts will be effective April 18, 2018.
10.5 Defense and Indemnification
The City shall defend and indemnify all members of commissions, committees,
and boards to the same extent, and subject to the same limitations, as
Councilmembers.
11.0 PUBLIC RECORDS AND USE OF EMAIL
11.1 General. The City’s policies at one time segregated city and/or personal
emails on the basis of whether they are/were generated through the City email
domain/account (@rpvca.gov) or personal accounts, but recent legal decisions (City of
San Jose v. Superior Court, 389 P.3d 848 (2017)) distinguish only by whether the
content of the email relates to City business. While emails sent to Councilmembers,
commissioners, committee members, and board members (collectively, “City Officials”)
through their City email accounts are clearly public records, as are replies or
subsequent email exchanges related to those “@rpvca.gov” emails, Councilmembers
should be aware that irrespective of what server the email is on, whether the City email
account or a personal account, if the email is related to City business, it is a public
record subject to disclosure unless an exception applies.
11.2 Must Use City Email Account. All City Officials are provided with an
@rpvca.gov email account, and shall only use this account for City business. Personal
accounts should not be used for City business and if they are, in the event of a public
records request, the personal account will be subject to review and disclosure of City-
related emails.
11.3 Use of Private Email Accounts Prior to the Adoption of T hese Rules. City
Officials shall segregate all City business emails that predate the adoption of these rules
into a separate folder so as to preserve the emails. All emails must be preserved in
compliance with the City’s Records Retention Policy. Use of email accounts in violation
of this policy, or failure by a City Official to cooperate fully in turning over any City
business emails maintained solely on a personal email account, shall be grounds for
removal from any City boards, commissions, or committees and, in the event of a
violation by a member of the City Council, shall be grounds for censure. All costs
incurred by the City to obtain compliance by the City Official shall be subject to cost
recovery by the City.
11.4 Public Records Requests. Pursuant to the California Public Records Act
(the “PRA” Govt. Code §§ 6250 et. seq.) individual City Officials shall produce to the
City Attorney’s office for review any records that are responsive to a public records
request, and where the City did not retain a copy.
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The City Attorney’s office will review any such records or communications to confirm
that they relate to the City’s business, are not exempt from disclosure under the PRA,
and are responsive to the request.
11.5 Staff to Review City Accounts. In the event the City receives a PRA
request seeking City Official communications, staff will research the City’s email server
for responsive emails that went through an “@rpvca.gov” email address.
11.6 Emails in Possession of Councilmember. Further, any emails exclusively
in the possession of individual City Officials shall be produced by each City Official for
review by the City Attorney’s office, if the emails are responsive to a public records
request.
11.7 City Attorney Review. Just as with non-email communications, the City
Attorney’s office will review the emails to confirm that they relate to the City’s business,
are not exempt from disclosure under the PRA, and are responsive to the public records
request. Any emails that fail one of those tests will not be produced.
11.8 Definition of Public Records. The PRA defines local public records as
follows: ““Public records” includes any writing containing information relating to the
conduct of the public’s business prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics. . .” Govt. Code § 6252(e).)
The PRA requires the City to disclose upon request public records that are within the
possession of the City and are not exempt from disclosure. It is the policy of City to
conduct its business in conformance with the Public Records Act .
11.9 Exceptions
In the event the City’s email server is down and the City Official needs to use
email to conduct City business, the City Official may use a personal email account until
the City’s email is fully functional. Any such emails must be segregated into a separate
folder within the email account and must be turned over to the Information Technology
Manager within 30 days.
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS
12.1 General. Councilmembers and members of boards, commissions,
committees and advisory bodies are not vicariously liable for injuries caused by the
body (Tort Claims Act (the “Act”); Govt. Code § 820.9) and are “employees” within the
meaning of the Act. Section 995 of the Act imposes upon the City the duty to “provide
for the defense of any civil action or proceeding brought against him /her, in his/her
official or individual capacity, or both, on account of an act or omission in the scope of
his employment as an employee of the public entity.” The City can refuse to defend an
employee or former employee if: (i) the act or omission was not within the scope of his
or her employment; (ii) he or she acted or failed to act because of actual fraud,
corruption, or actual malice; or (iii) the defense of the action or proceeding by the public
entity would create a specific conflict of interest between the public entity and the
employee or former employee, as defined. Gov’t Code § 995.2(a).
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12.2 Grounds for not Defending; Scope of Duties
The Councilmembers’ scope of duties is defined by the applicable provisions of
the Government Code, the Rancho Palos Verdes Municipal Code, and all Council
adopted rules as applicable to the Council. Acts or omissions in violation any of these
regulations fall outside of a Councilmember’s scope of duties.
12.3 Cooperation in Councilmembers’ Defense
Section 825 of the Act requires that in order to receive defense by the City, an
employee or former employee must reasonably cooperate in their defense by the City.
This includes, but is not limited to, prompt and complete responses to inquiries /requests
for information and documents by the City Attorney’s Office , including discovery
requests. This cooperation would also include pre-litigation acts such as complying with
public records requests.
12.4 City’s Duty to Defend – Limitations
Any Councilmember or former Councilmember who is acting outside the scope of
his or her duties, or who does not cooperate with his or her defense or the defense of
City, may, at the Council’s sole discretion, be provided with written notice and an
opportunity to cure. The Council shall retain absolute discretion to refuse to defend
and/or indemnify any Councilmember acting outside the scope of his or her duties, or a
Councilmember who does not cooperate in his or her defense or the defense of City.
12.5 Reservation of Rights by City
Any defense or indemnification provided by the City shall be subject to the City’s
right to require the employee or former employee to enter into a reservation of rights
agreement, as authorized by Section 825 of the Act. An agreement to this effect shall be
a condition of any defense or indemnification. Such agreement reserves the right not to
defend or pay any judgment, compromise, or settlement until it is established that it
arose out of an act or omission occurring within the scope of employment as a public
employee. Through the agreement the City may recover any costs, including att orney
fees, incurred prior to the exercise of the right.
13.0 SUSPENSION AND AMENDMENT OF THESE RULES
13.1 Suspension
Except as required by State law, any provision of these Rules not mandated by
the RPVMC or the California Government Code may be temporarily suspend ed by a
majority vote of the Councilmembers who are present.
13.2 Amendment
These Rules may be amended by additions or deletions or new rules adopted by
a majority vote of the members of the Council, provided the proposed amendment or
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new rules are introduced into the record and properly agendized at a prior Council
meeting.
14.0 MOTIONS AND VOTING
14.1 Table of Motions
Incorporated herein is the Table of Motions attached as Exhibit A.
14.2 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the
result.
14.3 Voting
(a) Consensus. After a full opportunity for debate, if it appears that
there is a consensus of opinion among the Councilmembers on the matter to be voted
upon, the Presiding Officer may state the consensus of the Council and ask if there is
any objection. If there is no objection, the consensus, as so stated, shall become the
order of the Council and the votes of the members shall be deemed and reported as in
favor for all those present. The Presiding Officer may also determine that a consensus
exists following a call for a vote by any member of the Council by a Motion to Call the
Question1.
(b) Roll Call. 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 order voting shall be at the discretion of the City
Clerk with the Mayor Pro Tem’s name called second to last and the Mayor’s name last.
The City Clerk shall call the names of all members seated when a roll call vote is
ordered or required. Members shall respond ‘yes’, ‘no’ or ‘abstain.’ After every vote, the
City Clerk shall declare the result. The ayes and noes shall be taken upon the passage
of all ordinances and resolutions and entered upon the official record of the Council.
Councilmembers shall not be required to give explanations of their vote during roll call.
(c) Silence. During a collective vote (Ayes and Nays), silence of any
Member denotes approval.
1 Making the motion suggests that you would like to stop debate and vote. A motion to Call the
Question requires a second, and cannot be discussed or debated. Must be recognized by the
Presiding Officer. The vote is taken immediately. Requires 2/3 vote to pass. If the motion to Call
the Question passes, a vote on the motion on the floor is taken. If the motion to Call the
Question fails, discussion on the motion on the floor continues.
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14.4 Votes Needed
(a) Majority of Quorum. Usually, in the absence of a contrary statutory
provision (such as urgency measures), a majority of a quorum may act for that body.
However, resolutions, or orders for the payment of money, and all ordinances require a
recorded majority vote of the total membership of the Council.
(b) Supermajority Vote. State law may dictate certain instances in
which the number of votes required is greater than a majority of all Councilmembers.
Some of the questions on which the voting requirement is varied by State statutes and
these rules and include, without limitation, the following:
(1) Levying Taxes—Generally. Ordinances providing for the
Assessment and collection of taxes require the approval of two -thirds of the members of
the total members of the Council.
(2) Assessment—Generally. Assessments require a two-thirds
vote of the total membership of the Council.
(3) Bonds and Certificates of Participation. In authorizing these
financial instruments, the issuing requires a two-thirds vote of the total membership of
the Council.
(4) Eminent Domain. The exercise of Eminent Domain requires
a two-thirds vote of the total membership of the Council.
(5) Certain Parliamentary Motions. Motions requiring a
supermajority vote are noted in the Motions Chart attached hereto as Exhibit A.
(c) Conflicts. Any official with a conflict of interest is not counted for
purposes of establishing a quorum, and must not vote on, make, participate in any way
in, or attempt to influence the decision. A Councilmember abstaining on grounds other
than a conflict under the Political Reform Act shall be counted as present for purposes
of a quorum and such abstentions are counted as voting with the majority. The
Councilmember who leaves the dais solely to avoid participating in a specific item shall,
in absence of a conflict, be counted as if they were present but abstaining.
14.5 Abstentions
(a) Generally. Councilmembers are discouraged from abstaining from
a vote for reasons other than a legally-disqualifying, financial conflict of interest.
However, if a member chooses to abstain from voting as a result of what he/she
perceives as a personal or non-financial conflict of interest, the member may do so after
stating for the record the nature of the perceived conflict. In the event of an abstention
due to a perceived conflict (as opposed to a legally-disqualifying conflict), the member is
not required to leave the dais.
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(b) Participation Encouraged. A Councilmember shall generally
participate in the matter and vote except those where they are required to abstain due
to legally recognized conflict of interest or common law bias.
(c) Appeals. A City Councilmember who has appealed the action of
any person or body of the City on a matter which does not constitute a conflict of
interest for the member under any law, may participate in the hearing on the appeal,
unless there is clear and convincing evidence that such member is not objective or the
member feels that they are unable to remain neutral, or as may be otherwise advised by
the City Attorney. Notwithstanding any contrary provisions herein in bringing an appeal,
the City Council member need not give reasons for making the appeal.
(d) Public Perception. A Councilmember may abstain from action on a
matter where, in the member’s opinion, there would be a public perception that
participation in the discussion or decision would be inappropriate constituting common
law bias even though the member has no disqualifying financial interest within the
meaning of FPPC rules and regulations.
(e) Effect. The abstention is a non-vote unless the voting requirement
is a supermajority, or a vote of those “present”, in which case the abstention has the
effect of a “no” vote. The Presiding Officer shall call for a roll call vote to determine if the
ruling is upheld.
14.6 Motion to Reconsider
Any Councilmember who voted with the majority may move to reconsider any
action at the same meeting or, within sixty (60) calendar days, make a request in writing
to the City Clerk that it be agendized for consideration at the following meeting, provided
that reconsideration shall not be permitted where a party other than the City has acted
in reliance on the Councilmember’s action and would be substantially prejudiced by
such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting
substantial prejudice and may rely upon the determination of the City Attorney. In the
event that the subject of the reconsideration is a motion that failed as the result of a tie
vote, any Councilmember who voted against the earlier motion may move for
reconsideration at the following meeting. The member seeking reconsideration must
have the matter agendized unless the motion will be made at the same meeting where
the original action was taken. If the motion to reconsider passes, then the original item
may be reconsidered at that time or agendized for a future meeting which meets any
applicable noticing requirements. After a motion for reconsideration has once been
acted upon, no other motion for reconsideration thereof shall be made without
unanimous consent of the City Council.
14.7 Votes of Members Previously Absent
(a) Minutes. A Councilmember who was not present at a meeting
should generally not vote on the approval of minutes for that meeting, but the voting on
such minutes shall have no effect on the validity of the minutes.
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(b) Initial Absence. A Councilmember may vote on a continued item
after an absence from the earlier meeting in which the matter was agendized, if, prior to
the vote, the member affirms on the record that they have familiarized themselves with
the record of the earlier meeting and are prepared to vote on the issue.
14.8 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except a:
(a) 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 of the original motion is changed. Amendments
are voted on first; with the main motion vote last. A motion may be amended more than
once with each amendment being voted on separately. There shall only be one
amending motion on the floor at any one time.
(b) 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 date set.
(c) Motion to Table. A motion to table requires a second and a majority
vote of the Legislative Body, is undebatable, and is not subject to amendment. The
purpose of a motion to table is to postpone or suspend consideration of a pending
motion. 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 item is killed.
(d) Substitute Motion. A substitute motion is used to propose an
alternative action to the main motion. Up to one main and two substitute motions may
be on the floor at one time. If a substitute motion passes, it does away with the prior
motions. If it fails, previous motions, including prior any substitute motion, comes back
up for consideration.
15.0 BROWN ACT DEMANDS FOR CORRECTION
15.1 Requirement of Written Demand
(a) Written Demand for Correction. Pursuant to Section 54960.1 of the
Government Code, prior to any person commencing a judicial action for injunction or
mandamus to declare any action taken by the Council void because of failure to
observe Brown Act requirements, such person must first serve upon the City Clerk a
written demand clearly describing the challenged action, the nature of the claimed
violation, and the corrective action sought. Such demand must be served upon the City
Clerk within ninety (90) days of the alleged violation or thirty (30) days i f the action was
taken in open session but alleged to be in violation of § 54952.2 of the Government
Code. Failure to serve any such demand within this thirty (30) day period shall result in
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the loss of any right to challenge any action alleged to have been taken in violation of §§
54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.
(b) Period to Cure. If the written demand is timely served, the Council
has up to thirty (30) days to cure and/or correct its action. If the Council does not act,
any lawsuit must be filed within the next fifteen (15) days. The subsequent action to
cure or correct an action shall not be admissible as evidence of a violation.
(c) Not Void Obligations. Nothing herein shall void the issuance of
bonds or contractual obligations otherwise duly entered into.
(d) Other Remedies. Nothing herein shall prohibit any other remedy
permitted by the Brown Act, including the issuance of an unconditional commitment to
cease and desist violations under Section 54960.2.
(e) Tolling Agreements. Parties may enter tolling agreements of the
time periods provided herein.
15.2 Consideration of Corrective Action
(a) Closed Session. Upon receipt of such a demand, consideration of
the demand shall immediately be placed on the agenda for the next meeting of the
Council. If the demand is received less than 72 hours prior to the time set for the next
meeting, the Council may determine that the notice constitutes the initiation of litigation,
and that the need to take action on the threatened litigation arose subse quent to the
posting of the agenda, and may consider it at that meeting in closed session pursuant to
Article V Section 5.1, above. A description of any item so placed on the agenda shall
include both consideration of the demand, and the possibility of corrective action by the
Council.
(b) Reconsideration. In considering demands for reconsideration, the
Council shall first determine by motion whether to reconsider the prior action. The
motion to reconsider shall be in order as long as made by a party on the prevailing side.
If no motion to reconsider is carried, the City Clerk shall inform the demanding party in
writing of the Council’s decision not to cure or correct the challenged action.
15.3 Implementing Corrective Action
(a) Motion to Correct. If a motion to reconsider passes, the Presiding
Officer may entertain a motion to take corrective action. Any motion taking corrective
action shall address the concerns raised in the consideration of corrective action. The
motion taking corrective action may include a motion to rescind prior action taken, as
appropriate. Passage of a motion to rescind invalidates prior action only as of the time
of the passage of the motion, and not from the date of the initial action. A motion
implementing corrective action resulting from a written demand is out of order if the
action complained of: (i) was in connection with the sale or issuance of notes, bonds, or
other evidences of indebtedness, or any contract, agreement, incident thereto; (ii) gave
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rise to a contractual obligation upon which a party has, in good faith, detrimentally relied
upon; or (iii) was taken in connection with the collection of any tax.
(b) Notice. In any event, the Council shall notify the party making the
demand, in writing, of its decision to take corrective action, and shall describe any
corrective action taken. This notice shall be given to the demanding party as soon as
possible after the meeting, but in no event more than 30 days after receipt of the
demand.
16.0 CODE OF CONDUCT
16.1 Statement of Purpose
This Article 16 shall be known as the Code of Conduct for Officials of the City of
Rancho Palos Verdes. The purpose of this Code of Conduct is to create a single
comprehensive protocol for the Council and Members of City Boards, Commissions and
Committees, and also for management and representatives of the City including
vendors2 (hereinafter referred to collectively as “Officials”) to ensure 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.
16.2 General
(a) As a matter of practice, this policy should be read and reviewed
periodically by all Officials.
(b) Not all conduct, actions and/or behavior fit neatly within this Code.
The protocols listed herein are designed to clearly define conduct in most common
situations. Special circumstances may not be easily resolved by simply referring to this
Code. The Council can provide specific interpretation through review with the City
Attorney, as necessary.
(c) 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 Council. The 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 Council.
2 These programs as to ethical conduct and civility towards the public shall be applicable to
vendors through their contracts with City.
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16.3 Rules of Civility
(a) General. The proper operation of this local government requires
that its Officials be independent, impartial, accountable 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 an Official’s position not be used for personal gain; and that the public
have confidence in the integrity of its Officials.
(b) Duties of Officials.
(1) At all times during the performance of their City duties,
Officials shall adhere to their oath of office (Cal. Const. Art. XX Section 3) and comply
with all State ethics laws for Officials.
(2) Officials shall faithfully perform all duties of office, and shall
show respect for their offices and not act in ways that reflect badly on those offices and
diminish public respect for the office, or the City.
(3) Officials shall faithfully attend all sessions of the Council,
Commission or Committee of which the person is a member, unless unable to do so for
some compelling reason or disability.
(4) Officials shall be prepared, and learn and study the
background and purposes of items that are on the agenda before voting. To the extent
possible, questions pertaining to agenda items should be raised with appropriate staff
and the City Manager prior to the meeting where the item will be discussed.
(5) Officials shall respect intergovernmental relationships
between the City and other neighboring cities, the County of Los Angeles, the State of
California, and the federal government. The City also recognizes the value of municipal
organizations and associations, including the League of California Cities, California
Contract Cities Association, South Bay Cities Association, etc., and Officials should
participate in the meetings and seminars of such bodies when appropriate.
(6) Officials shall advise appropriate staff when a quorum of the
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
insure proper notice of such meetings is given in accordance with the provisions of the
Ralph M. Brown Act. Members of the public may attend any such meetings.
(c) Ethical Standards.
(1) Officials shall provide fair and equal treatment for all persons
and matters coming before the 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.
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(2) Officials shall accept as a personal duty the responsibility to
conduct the City’s business with professional competence, fairness, impartiality,
efficiency and effectiveness.
(3) Officials shall preserve their integrity and not be affected by
improper influence. They shall refrain from making, participating in making, or using 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 concerning
prospective employment or any other prospective business relationship that will be a
source of financial gain to the Official.
(4) Officials shall refrain from using City-owned equipment,
materials or property for personal purposes, except when such equipment or property is
available to the public generally, or is provided to City Officials pursuant to City policy,
and is used in the conduct of City business.
(5) Officials shall 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.). The Council or any of the City’s Commissions
or Committees must 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 Council. The provisions of Section 3.6 shall apply to any breach of confidentiality.
This applies to members of the Council, the City Manager and staff, as well as members
of the City’s Boards, Commissions and Committees.
(6) Officials shall disclose any corruption, fraud, and bribery to
appropriate authorities.
(d) Rules of Conduct.
(1) Officials shall listen carefully, courteously and attentively to
all public discussions at Council, Board, Commission or Committee meetings and avoid
interrupting other speakers, including other Officials, staff, or the public.
(2) Officials shall foster a positive attitude and constructively
foster open communication in dealing with the public, staff and all Officials. 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.
(3) Officials shall listen to all testimony, and not reach
conclusions on issues until all interested parties have had an opport unity to express
their position, or otherwise act in a manner that would affect a party’s right to a fair
hearing.
(4) Officials shall use their best independent judgment to pursue
the common good, presenting their opinions to all in a reasonable , forthright, consistent
manner; and making decisions which will promote the general and long -term interests of
the City and its citizens.
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(5) Officials shall refrain from abusive conduct, personal
charges or verbal attacks upon the character, motives, ethics or morals of other Officials
staff or the public, or from making other personal comments that are not germane to the
issues before the respective body. Name calling, personal invective, and derogatory or
belittling speech is never acceptable conduct for Officials of the City.
(6) Officials shall at all times act with integrity and
trustworthiness, and they shall behave with courtesy and respect toward everyone with
whom they interact.
(7) Officials shall promote, to the greatest extent consistent with
protecting the interests of the City, transparency and good leadership, and provide
effective communications with the public.
(e) Application. Officials should avoid impropriety in the exercise of
their official duties. Actions as Officials should be above reproach. Although opinions
may vary about what behavior is inappropriate, Officials will consider impropriety in
terms of whether a reasonable person who is aware of all of the relevant facts and
circumstances surrounding the Official’s action would conclude that the action was
inappropriate.
(f) Collegiality. All Officials are representatives of the public, and as
representatives and servants, should treat each other and those they represent
consistent with such high principle. Officials should be able to assert policy positions
and opinions without fear of reprisal from fellow Officials or citizens. Officials should not
question the ethics of other members because they disagree with that member on a
question of policy.
(g) Legal Counsel. If an Official believes that his or her actions, while
legal and ethical, may appear to be inappropriate, the Official should seek the advice of
the City Attorney, and should consider publicly disclosing the facts of the situation and
the steps taken to ensure the action is appropriate.
(h) Public Records. All Officials shall conduct their email
correspondence so that they may readily comply with requests for public records, and
keeping personal correspondence segregated from city correspondence.
16.4 Disclosure of Information
No Official may, without prior formal authorization of the City Council, disclose
any confidential information concerning any other official or employee, or any other
person, or any property or governmental affairs of the City. Whether or not such
information is allowed to be disclosed, no Official may use or permit the use of any such
confidential information to advance the financial or personal interest of himself or any
other person. For the purposes hereof , “confidential information” shall mean information
that is not generally known in the public, and/or not subject to dis closure under
California Public Records Act or other applicable law. Some examples of confidential
information include attorney-client privileged communication, attorney-client work
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product, and personnel, medical or similar information, the disclosure of which would
constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et. seq.)
16.5 Improper Representation
Unless authorized to do so by the Council, Officials shall refrain from making
statements, either orally or in writing that assert or would cause a reasonable person to
believe that they are acting on behalf of the City. Accordingly, if an Official testifies,
either orally or in writing, before an administrative body of a governmental agency
outside of the City, and identifies himself or herself a s an 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. Additionally, other than personal thank you notes,
City letterhead or the City’s official logo shall not be used for any purpose without prior
Council approval. Unless the written communication is appropriately authorized on
behalf of City, the Official shall not use their official title in the communication unless
there is a written disclaimer to the effect that “This communication is the personal
opinion of official and does not represent the views of the city of Rancho Palos Verdes
or its Officials.” As violations of the foregoing would be contrary to the City’s
transparency policies, likewise, Officials should not communicate regarding City
business either anonymously or through pseudonyms. This limitation includes, but is not
limited to, posts and comments made on social media.
16.6 Non Interference with Administration
(a) Council-Manager Form of Government. The City operates under
the Council-Manager form of government and as such, the City Manager is responsible
for the administrative operation of the City. Councilmembers have a non-supervisory
relationship with City staff. Councilmembers shall not involve themselves in
administrative functions of the City.
(b) Limit Contact to Specific Staff. Questions of staff and/or requests
for additional background information shall be directed only to the City Manager, City
Attorney, Deputy City Manager, Human Resources Manager, or other Department
Heads. Requests for follow-up or directions to staff should be made only through the
City Manager or City Attorney, when appropriate. When in doubt about what City staff
contact is appropriate, Councilmembers should consult the City Manager for direction.
(c) Do Not Disrupt Staff From Their Jobs. Councilmembers should not
disrupt staff while they are in meetings, on the phone, or engro ssed in performing their
job functions, in order to have the City Council Member’s individual needs met.
(d) No Attempt to Influence. Councilmembers must not attempt to
influence staff on the making of appointments, awarding of contracts, selecting of
consultants, processing of development applications, or granting of City licenses and
permits.
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(e) Correspondence. Before sending any correspondence, City
Councilmembers shall make an effort to check with staff to see if an official City
response has already been sent or is in progress.
(f) Attendance at Meetings. Councilmembers should not attend
meetings with staff unless requested by City staff. Even if the Councilmember does not
say anything, their presence can imply support, show partiality, intimidate staff, or
hamper City staff’s ability to do their job objectively.
(g) Limit Requests for Staff Support. Routine clerical or administrative
support will be provided to all Councilmembers for City business by those employees
assigned to provide such assistance.
(h) Personnel Matters. Public Officials should not direct the City
Manager as to City personnel matters.
16.7 Decorum and Order – Employees
Members of City staff and any employees of the Council, shall observe the same
rules of procedure and decorum applicable to Councilmembers. The City Manager shall
ensure that all staff and employees observe such decorum. Any staff members,
including the City Manager, desiring to address the Council or members of the public,
shall first be recognized by the Presiding Officer. All remarks shall be addressed to the
Presiding Officer and not to any one individual Councilmember or member of the public.
16.8 Not Solicit Political Support
Councilmembers shall not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, endorsements,
etc.) from staff. staff may, as private citizens with constitutional rights, support political
candidates, but all such activities must be done entirely away from the workplace.
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01203.0001/604426.1
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING COUNCIL POLICY NO. 54, RELATING
TO CLOSED SESSIONS
WHEREAS, the City Council of the City of Rancho Palos Verdes, pursuant to
City Resolution No. 2018-04, established the City Council Rules of Procedure manual
which incorporates state law, case law, and provisions of the Rancho Palos Verdes
Municipal Code, and has been prepared to apply to all elected and appointed bodies
and staff.
WHEREAS, the Rules of Procedure articulate the confidentiality of Closed
Session discussion. The City Council wishes to include an admonition in the City
Council agenda regarding violations of the confidentiality of Closed Session. To that
end, the City Council has amended Section 3.6 (Closed Session Meetings) of Chapter 3
(Types of Meetings) of the Rules of Procedure.
WHEREAS, the City Council wishes to create a Council Policy that articulates the
procedures surrounding the closed session privilege in some detail, consistent with
Section 3.6 of the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1: The forgoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City Council hereby adopts Council Policy No. 54 (Closed
Sessions) attached herewith as Attachment A, and incorporated herein by reference.
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01203.0001/604426.1
PASSED, APPROVED, and ADOPTED this 6th day of November 2019.
_____________________
Jerry V. Duhovic, Mayor
ATTEST:
_______________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify th at the
above Resolution No. 2019- was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on November 6, 2019.
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01203.0001/603681.3 City Council Policy No. 54 – Closed Session Agendas
Page 1
CITY COUNCIL POLICY
NUMBER: 54
DATE ADOPTED: 11/6/19
AMENDED:
SUBJECT: Closed Sessions
POLICY:
In accordance with Section 3.6 (Closed Session Meetings) of the City Council’s
Rules of Procedure, or its successor provisions, it shall be the policy of the City
Council that Closed Session memoranda and agenda item descriptions be
subject to the following procedures:
I. Closed Session Memoranda:
a. Closed Session memoranda shall be numbered and distributed to
the City Council, and key City Staff, only by the City Attorney; and
b. The City Attorney shall collect all Closed Session memoranda at
the conclusion of every Closed Session and acc ount for each numbered
memorandum to ensure that all copies of confidential communications are
returned to and retained by the City Attorney (with a single copy retained
by the City Clerk); and
II. Closed Session agendas:
An admonition shall be added to every City Council agenda noting the
privilege of the Closed Session and warning of the legal consequences of
violating the same. The text will appear right after the Closed Session
heading and before the listing of the Closed Session item(s) and will read
as follows:
Please be advised that, pursuant to the Ralph M. Brown Act, “a person
may not disclose confidential information that has been acquired by being
present in a Closed Session . . . to a person not entitled to receive it,
unless the legislative body authorizes disclosure of that confidential
information.” (Gov. Code § 54963(a).) ‘“[C]onfidential information’ means a
communication made in a Closed Session that is specifically related to the
basis for the legislative body of a local age ncy to meet[] lawfully in Closed
Session . . . .” (Gov. Code § 54963(a).)
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01203.0001/603681.3 City Council Policy No. 54 – Closed Session Agendas
Page 2
Please be further advised that any “[v]iolation of [Government Code §
54963] may be addressed by the use of such remedies as are currently
available by law, including, but not limited to: (1) injunctive relief to prevent
the disclosure of confidential information prohibited by this section; (2)
disciplinary action against an employee who has willfully disclosed
confidential information in violation of this section; (3) referral of a member
of a legislative body who has willfully disclosed confidential information in
violation of this section to a grand jury.” (Gov. Code § 54963(c).)
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01203.0001/604895.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING
CHAPTER 1.18 (RULES OF PROCEDURE) TO THE RANCHO PALOS
VERDES MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE
SECTION 3.6 (CLOSED SESSION MEETINGS) OF CHAPTER 3.0 (TYPES OF
MEETINGS), SECTION 10.4 (USE OF EMAILS) OF CHAPTER 10.0 (BOARDS,
COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), AND CHAPTER 11
(PUBLIC RECORDS AND USE OF EMAIL) OF THE CITY COUNCIL RULES
OF PROCEDURE, AND MAKING VIOLATIONS THEREOF A MISDEMEANOR
AND A PUBLIC NUISANCE
WHEREAS, the City Council of the City of Rancho Palos Verdes, pursuant to
Resolution No. 2018-04, established the City Council Rules of Procedure manual which
incorporates state law, case law, and provisions of the Rancho Palos Verdes Municipal
Code..
WHEREAS, the City Council, pursuant to Resolution No. 2019-XX, updated the
Rules of Procedure with certain amendments and clarifications, most of which were
intended to strengthen rules regarding the use of email and the Public Records Act, and
rules protecting the Closed Session privilege.
WHEREAS, Section 36900 of the Government Code provides that any “violation
of a city ordinance is a misdemeanor unless by ordinance it is made an infraction.”
WHEREAS, the City Council has the authority to adopt codes and regulations by
reference, pursuant to Section 50022 et seq. of the Government Code.
WHEREAS, the City Council wishes to make violations of the rules relating to the
use of emails and the closed session privilege misdemeanors.
WHEREAS, the City has properly complied with all procedures and requirements
of California Government Code section 50022.1, et seq. to adopt the City Council Rules
of Procedure by reference;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the recitals contained in this ordinance
are true and correct, relies upon them in passing this ordinance, and incorporates them
as though set forth in full herein.
SECTION 2. Chapter 1.18 (Rules of Procedure) of Title 1 (General Provisions) of
the Rancho Palos Verdes Municipal Code is here by added as follows:
“Chapter 1.18 Rules of Procedure.
Section 1.18.010 Rules of Procedure Adopted.
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A. Section 3.6 (Closed Session Meetings) of Chapter 3.0 (Types of Meetings)
of the City Council Rules of Procedure, and as may be amended, is
hereby adopted by reference.
B. Section 10.4 (Use of Emails) of Chapter 10.0 (Boards, Commissions,
Committees, And Subcommittees) of the City Council Rules of Procedure,
and as may be amended, is hereby adopted by reference.
C. Chapter 11 (Public Records And Use Of Email) Of The City Council Rules
Of Procedure, and as may be amended, is hereby adopted by reference.
Section 1.18.020 Violations.
A. Any violation of this chapter shall be a misdemeanor and punishable
pursuant to Subsections (A) and (B) of Section 1.08.010 (Misdemeanors –
Infractions – Nuisances) of this Code.
B. Any violation of this chapter is deemed a public nuisance and may be
remedied pursuant to Subsection D of Section 1.08.1010 (Misdemeanors
– Infractions – Nuisances).
C. In accordance with Subsection E of Section 1.08.1010 (Misdemeanors –
Infractions – Nuisances).Section 1.08.1010 (Misdemeanors – Infractions –
Nuisances), all enforcement remedies for violations of this chapter
available to the city are cumulative, and the use of any one or more
remedies by the city shall not bar the use of any other remedy for the
purpose of enforcing the provisions of this chapter or the code.”
SECTION 3. The adoption of this Ordinance is hereby determined to be exempt
from the California Environmental Quality Act pursuant to State Guidelines Section
15061(b)(3) as a project that has no potential for causing a significant effect on the
environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 5. Certification and Posting. The City Clerk shall cause this
Ordinance to be posted in three (3) public places in the City within fifteen (15) days after
its passage, in accordance with the provisions of Section 36933 of the Government
Code. The City Clerk shall further certify to the adoption and posting of this Ordinance,
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and shall cause this Ordinance and its certification, together with proof of posting, to be
entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes.
PASSED, APPROVED and ADOPTED this _____ day of __________ 2019.
_________________________________
Jerry V. Duhovic, Mayor
ATTEST:
____________________________
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. ______ passed f irst reading on __________, 2019, was duly
and adopted by the City Council of the City at a regular meeting thereof held on
___________, 2019, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
CITY CLERK
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