CC SR 20210420 06 - City Council Policies Manual Review
CITY COUNCIL MEETING DATE: 04/20/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to update the City Council Policy Manual.
RECOMMENDED COUNCIL ACTION:
(1) Review City Attorney and City Staff recommended updates to the City Council
Policy Manual, and if deemed acceptable, approve, via minute order, the updated
City Council Policy Manual.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Updated Draft City Council Policies (track changes version) (page A-1)
B. City Council Rules of Procedure (Attachment A of Resolution No. 2019-48) (page B-1)
C. Resolution No. 90-93 to be attached to City Council Policy No. 11( page C-1)
D. Resolution No. 2012-31 reference City Council Policy No. 16 (page D-1)
E. Resolution No. 2015-36 reference City Council Policy No. 28 (page E-1)
BACKGROUND:
On February 4, 1992, the City Council recognized the need to establish guidelines, in
the form of policies, to assist Staff in responding to various inquiries and requests. The
City Council Policy Manual was established at that time with seven policies. Over the
years, policies were considered and adopted by the City Council as topics arose or a
need was identified. Additionally, policies were reviewed, augmented, or rescinded as
needed, with no set review period established. To date, there are now 55 City Council
policies.
1
Recently, Staff recognized that the City Council Policy Manual needs updating as
information and procedures have changed over the years. This evening, the City
Council is being asked to consider updates to the 55 policies that make up the City
Council Policy Manual.
DISCUSSION:
The proposed updates to the City Council Policy Manual are recommended based on
the City Attorney’s and City Staff’s review and are provided for the City Council’s
consideration in track changes (Attachment A). In summary, most of the updates reflect
grammatical and wordsmith edits, while there are some substantive recommended
changes including rescinding policies that are now considered obsolete or redundant
because the essence of the policy is captured in the City Council-adopted Rules of
Procedure (Attachment B). It should be noted that the City Council Rules of Procedure
underwent a thorough and comprehensive review in November 2019, which resulted in
notable, extensive updates that were adopted via Resolution No. 2019 -48.
Below is a table that summarizes the recommended updates to the City Council
Policies. A hyperlink has been added to the table that directs the reader to a specific
policy shown in track changes. Added text to the polices are shown as underline and
deleted text are shown as strikethrough.
2
Policy Policy Title Policy Summary Summary of Recommended Updates
No. 1
Digital Video Discs (DVDs) of City
Council and Committee/Commission
Meetings
Explains how to obtain DVD recordings of City
Council/Commission/Committees.
Significant revisions to policy to reflect current
recordings of meetings using Granicus and
eliminating the use of DVDs.
No. 2
Questionnaires sent to the public by
City Council, Committee/Commission(s),
and Staff
Authorization to send questionnaires requires approval of
full City Council No changes made to policy
No. 3 Order of City Council Members' Names
on Publications
City Council member names are in alphabetical order;
followed by Mayor Pro Tem's name; and, lastly with the
Mayor's name
No changes made to policy
No. 4 Requests for City Attorney Opinions City Council must approve use of City Attorney to research
legal opinions
This policy is recommended to be repealed because
it is addressed in the Rules of Procedure under
Section 2.7 City Attorney
No. 5 Council Requests Policy City Council requests of Staff for information Policy was repealed on March 4, 2008
No. 6 City Advisory Board Recruitment and
Selection
Addresses how the City Council will fill vacancies on
Commission/Committees
Policy was updated pursuant to Ordinance No. 627
and Council action on 09/17/19; replaced title of
"Board" with "Committee" and other minor
revisions
No. 7 Preparation and Distribution of Agenda
Press Packages
Preparation and distribution of agenda packet has changed
significantly as the entire agenda packet is now available on-
line.
This policy is recommended to be repealed because
all agenda materials are now available on- line
No. 8 Weekly Administrative Reports
The Weekly Administrative report provided updates to
Department Heads and Commission and Committee
Members. The policy has now been revamped and is much
more comprehensive and is now driven by the City
Manager's Department and is provided to all staff, all
Commission and Committee members and linked on the City
Manager's webpage.
Revisions to policy to reflect current City Manager’s
Weekly Administrative Reports
No. 9
Supporting Participation by Residents in
Government against Intimidation
Caused by Lawsuits Naming Individuals
This policy protects volunteers in local government and
protects them against intimidation and lawsuits.
This policy is recommended to be repealed because
it exists in Rules of Procedure Section 10.5 Defense
and Indemnification.
No.
10
City Council/Committee/Community
Recognition Program
This policy provides for a way to recognize outgoing City
Council/Commission/Committee Members No changes made to policy
3
Policy Policy Title Policy Summary Summary of Recommended Updates
No.
11 Employee Recognition Program This policy provides a way to recognize full time employees'
milestone anniversaries. Minor grammatical edits
No.
12
Procedures for Vacations of Rights of
Ways and Easements
This policy along with Resolution No. 90-93 established the
procedures for vacating City rights-of-way and easements
No changes to text but attached a copy of
Resolution No. 90-93
No.
13 Contractor Storage at City Hall Site This policy addresses the need to control contractor storage
at the City Hall site Minor grammatical edits
No.
14 Field Use AYSO Region 11
This policy was created to assist AYSO Region 11 with use of
the Portuguese Bend Fields when it was managed by the
City.
This policy is recommended to be repealed because
it is about AYSO’s use of Port. Bend Fields which are
owned and managed by the PVPUSD and not the
City.
No.
15 Security Deposit - AYSO Region 10 This policy provides Staff direction on waiving of security
deposits for AYSO. Minor edits to reflect current policy
No.
16 Travel and Meetings
This policy was initially created to ensure the needs of the
City were being met while limiting expenditures when
attending meetings or traveling on City business.
This policy is recommended to be repealed because
it is memorialized in Resolution No. 2012-31 (see
attachment)
No.
17
Procedure for Audience to Address City
Council
This policy establishes guidelines to assist in completion of
agenda items and allow the public to comment.
This policy is recommended to be repealed because
it now exists in Rules of Procedure Section 6.0
Citizens' Rights
No.
18 Five-Year Financial Model Updates
This policy determines that a Five-Year Finance Model be
updated and reviewed annual as part of the City budget
process
Minor edits to reflect current policy
No.
19
Life/Medical/Dental/EAP/Vision Care
Coverage for City Council
This policy establishes the criteria in which City Council
members may elect coverage under the City's health plan. No changes made to policy
No.
20
Voting in Elections Relating to the City's
Membership in Area Chambers of
Commerce and Landslide Abatement
Districts
This policy recognized the need to establish guidelines by
which the City would cast its vote in a special election. Minor edits to reflect current policy
No.
21
Commission and Committee Members
Use of City Attorney
The policy assists in making the most cost-effective use of
the City Attorney's time while allowing for Committee
members to determine if a conflict of interest exists.
Minor grammatical edits
4
Policy Policy Title Policy Summary Summary of Recommended Updates
No.
22
Distribution of City Council
Correspondence
This policy established that the City Council be copied on any
correspondence prepared for the Mayor's signature. No changes made to policy
No.
23
City Council Agenda Reports on Outside
Organizations and Council
Subcommittees
This policy ensures that the public can be informed of
matters that appear before these organizations.
This policy is recommended to be repealed because
it now exists in Rules of Procedure Section 10.3 (d)
Council Subcommittees (Reports)
No.
24
Commission and Committee Chair
Attendance at City Council Meetings
This policy established a way for Commission/Committee
Chairs to provide additional insight regarding the reasoning
or background on a decision, appeal, or recommendation.
No changes made to policy
No.
25
Policy against Harassment in the
Workplace
This policy prohibits harassment in the workplace based on
race, religion, color, national origin. Etc. and any other status
protected by California and federal law.
No changes made to policy
No.
26
Submittal of Certain Original Documents
for Consideration by the City Council or
City Commission or Committees
This policy establishes a procedure whereby documents shall
be submitted to the City Clerk or secretary of the
commission or committee for distribution to the Council or
Commission/Committee members.
No changes made to policy
No.
27
Access to Abalone Cove Shoreline Park
by City Council/Commission/Committee
Members
This policy established a way for members of the City
Council/Commission/Committee to access Abalone Cove
Park in the course of their duties.
Strike the word "Shoreline" from the document to
reflect the Abalone Cove Park name accepted by the
City Council on March 17, 2020
No.
28
Parking Fee Policy for Senior Citizens at
Abalone Cove Shoreline Park
This policy established written fee guidelines for seniors
parking at Abalone Cove Park.
Updated to reflect changes made via Resolution No.
2015-36 to allow senior citizens to park for free at
Abalone Cove Park.
No.
29 Legislative Activities of the City Council This policy established guidelines noting staff shall monitor
regional legislative matters for Council consideration.
Revisions reflect current City Council procedures on
legislative items
No.
30
Covenants to Maintain Property to
Protect Views
This policy determines that the City will not enforce any
covenant to maintain property to protect views and allows
that if requirements are met as noted recorded covenants
may be removed.
Minor grammatical edits
No.
31
Encroachments into the Public Right-of-
Way
This policy relates to encroachments of structures in the
public right-of way.
Revisions reflect allowing neighborhood security
cameras (i.e. Flock Cameras) on private property
within the required setbacks
5
Policy Policy Title Policy Summary Summary of Recommended Updates
No.
32
Waiver of Department Fees under
Certain Circumstances
This policy allows non-profit corporations to be exempt from
the requirement of paying fees. Minor grammatical edits
No.
33
General Plan Amendment Initiation
Request Procedure
This policy allows that the General Plan Amendment
Initiation request (GPAIR) process be an optional process at
the discretion of the applicant.
Updated language to reflect current policy and
procedures
No.
34 Border Issues
This policy allows for the City Council to be briefed regarding
Border Issues that have potentially adverse impact on
resident s of the City.
Updated language to reflect current policy and
procedures
No.
35
City Council Disclosure of
Communications
This policy directs a member of the City Council or Planning
Commission to publicly disclose any communications
between the Councilmember or the Commissioner regarding
a potential development proposal.
Updated language to reflect current policy and
procedures
No.
36 Policy against Workplace Violence This policy prohibits violence in the workplace. No changes made to policy
No.
37
Naming of Public Facilities and Placing
of Monuments and Other Memorials
This policy provides direction on the naming public facilities
and other memorials as noted in the listed categories. Minor grammatical edits
No.
38
Disclosure of Elected and Appointed
Officials' Personal Information
This policy provided direction how personal information
about the elected will be handled. Minor grammatical edits
No.
39
Written Communications among
Councilmembers and Members of City
Commissions and Committees about
Agenda Items
This policy provides direction on how communications can
be distributed or disseminated amend a quorum of the
members of the legislative body.
Revisions reflect current methods of written
communications among Councilmembers and
Members of City Commissions and Committees
about agenda items
No.
40
Programming on Cable Television
Government Access Channel 3
This policy provides direction of the use and type of
programs aired by RPVtv.
Revisions reflect changes in City and Peninsula-wide
channels and television programming
No.
41 Reserve Policies
This policy allows the City Council to authorize
appropriations and purchase order carryover for certain
incomplete capital projects or one-time projects and
services.
No changes made to policy
No.
42
Form of Staff Recommendations to the
City Council
This policy directs staff to clearly present their independent
and professional recommendation to the City Council via the
staff report section titled: Recommendation.
No changes made to policy
6
Policy Policy Title Policy Summary Summary of Recommended Updates
No.
43 Banking Services Procurement This policy directs the City Treasurer to perform a biannual
evaluation of the City's banking fees and services. Minor edits to reflect current policy
No.
44 Audit Committee This policy allows for the review and oversight of an
independent audit of the City's financial statements. No changes made to policy
No.
45 Balanced Operating Budget This policy establishes that the City Council shall adopt an
annual operating budget. No changes made to policy
No.
46
Disclosure of City Council Members'
Emails and Other Correspondence
Solely in the Possession of City Council
Members in Response to Public Records
This policy requires that Councilmembers disclose all non-
exempt emails regarding City business.
This policy is recommended to be repealed because
it now exists in Current Rules of Procedure (ROP)
Section 11.0 Public Records and Use of Email.
Recommendation: Repeal
No.
47
Confidentiality of Attorney-Client
Privileged Communications
The purpose of this policy is to protect confidential
communications between the City and its attorneys.
This policy is recommended to be repealed because
it now exists in Rules of Procedure Section 16.4
Disclosure of Information, and is also memorialized
in Policy 48 under the Attorney-Client privilege
section
No.
48
City Council Member Requests to
Review Attorney-Client Privilege
Communications and Council Member
requests to Waive Atty-Client Privilege…
The purpose of this policy is to protect confidential
communications between the City and its attorneys yet
allowing for review by a City Council Member.
Minor edits to reflect current policy
No.
49
Coastal Specific Plan Corridors Element -
Identifying a Viewing Station to Assess
Visual Impacts of a Proposed Project
Located Outside of a Visual Corridor
This policy sets the process to establish viewing stations to
assess visual relationship between PVDW/PVDS and the
ocean in areas that are not part of an identified visual
corridor.
No changes made to policy
No.
50
Anonymous Fraud, Waste and Abuse
Hotline
This policy was established to ensure the public/employees/
elected officials had a means to report alleged fraudulent
activities.
No changes made to policy
No.
51
Designation of Qualified Historic
Buildings or Properties
This policy allows the City Council to designate a property as
historic. No changes made to policy
No.
52 Debt Management Policy
This policy incorporates a comprehensive document
establishing the process for the issuance and management
of debt.
No changes made to policy
7
Policy Policy Title Policy Summary Summary of Recommended Updates
No.
53
Non-Profit Wireless
Telecommunications Facilities on City
Properties
This policy addressed a desire to assist non-profit
organizations by allowing placement of telecommunications
facilities on City properties.
updated language to reflect current policy and
changes
No.
54
Council Liaison for Advisory
Committees/Commissions
This policy addressed a need recognized by the City Council
to have a Councilmember act as a liaison between the City
and the Committee/Commission
Updated language to reflect current policy and
changes
No.
55 Closed Sessions This policy established how closed session information and
materials would be distributed.
This policy is recommended to be repealed because
it now exists Rules of Procedure Section 3.6 Closed
Session Meetings.
8
CONCLUSION:
Staff recommends the City Council review the Policy Manual and approve the updates
recommended by the City Attorney and City Staff.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1) Do not approve the recommended updates.
2) If more substantial revisions are needed, direct Staff to return with further
revisions based on City Council direction.
3) Take other action, as deemed appropriate.
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M:\Policy Issues\City Council Policy Manual\COUNCIL POLICY 01_DVDs of City Council, Commission and Committee
Meetings (20050419).docx
CITY COUNCIL POLICY
NUMBER: 1
DATE ADOPTED/AMENDED: 02/04/92 (Amended 03/19/02, and 04/19/05,
04/20/2021)
SUBJECT: Digital Electronic Video Discs (DVDs)Recordings of City Council
and Committee/ Commission Meetings[AM1]
POLICY:
It shall be the policy of the City Council to maintain electronic ke DVD recordings
of City Council and Planning Commission meetings and special City
Committee/Commission meetings.
The City uses Granicus, an online platform that records and documents City
meetings, to retain an electronic record of previous City Council meetings that
can be viewed from the City’s website The Granicus electronic recording DVD
shall be retained as a permanent record of the meeting. The DVD may be
viewed or copied by any member of the public at City Hall at his/her own
expense. If desired, aA member of the public may obtain a DVD copy of a
previous meeting the DVD by contacting the City Clerk’s Department and paying
a fee of $5.00. The copy will be provided as soon as feasible. The City now uses
Granicus and previous City Council meetings can be easily viewed from the
City’s website.
However, the adopted minutes shall continue to serve as the official record of the
meeting. Additionally, the City Council recognizes that future technological
advancements may render the DVD format as obsolete. At some point in the
future, the City may be faced with the need to convert these records to another
format, if feasible and not cost prohibitive.
As the City moves towards conducting public meetings using a hybrid platform of
in-person and virtual participation by means of other available technological
resources, if feasible, these meetings should be recorded and posted on the
City’s website for public review. This applies to City Council and Planning
Commission meetings, as well as advisory committee meetings, and should not
replace the adopted minutes as the official record of the meeting.
AddtionallyAdditionally, Tthe recordings of meetings that are available on the
City’s official website are considered duplicate records and can be deleted from
the website at the discretion of the City Councilstaff. However, Staff recommends
keeping these videos available for historical reference and for access by
residents/requestors is recommended.
A-1
M:\Policy Issues\City Council Policy Manual\COUNCIL POLICY 01_DVDs of City Council, Commission and Committee
Meetings (20050419).docx
BACKGROUND:
The City Council recognized the need to address public requests of the staff by
the public regarding recordings of public City Council and Planning Commission
meetings.
A-2
CITY COUNCIL POLICY
NUMBER: 2
DATE ADOPTED/AMENDED: 02/04/92
SUBJECT: Questionnaires sent to the public by City Council, Committee/
Commission(s) and Staff
POLICY:
It shall be the policy of the City Council that all questionnaires and/or surveys to
be sent by the City to the general public or special groups, whether generated by
Staff, City Council or Committee/Commission(s), be authorized by the full City
Council at a public meeting.
The City Manager shall be authorized, however, to approve any questionnaires
and/or surveys for information to be sent to other public agencies.
BACKGROUND:
The City Council recognized the need to establish a policy to control
questionnaires and surveys for information that are sent or delivered to the
general public and special interest groups.
A-3
CITY COUNCIL POLICY
NUMBER: 3
DATE ADOPTED/AMENDED: 02/04/92
SUBJECT: Order of City Council Members’ Names on Publications
POLICY:
It shall be the policy of the City Council that the order of City Council members’
names on publications, such as stationery, shall list the Mayor’s name first,
followed by the Mayor Pro Tempore and the remaining Council members’ names
in alphabetical order.
BACKGROUND:
The City Council recognized the need to give direction to staff on the matter of
listing names on publications.
A-4
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Attorney Opinions (19920204).docx
CITY COUNCIL POLICY
NUMBER: 4
DATE ADOPTED/AMENDED: 02/04/92 (AmendedRepeal on 04/20/2021)
SUBJECT: Requests for City Attorney Opinions
POLICY:
It shall be the policy of the City Council that all requests for researched, written
legal opinions from individual Council Mmembers be approved by the City Council
at a duly-convened meeting or by the City Council as a whole via written
communication from the City Manager. However, individual Council Mmembers
may request opinions from the City Attorney without City Council approval should
the matter relate to a City-related, personal conflict of interest issues.
BACKGROUND:
The City Council recognizes that legal counsel serves the City Council as a body
and no individual member of the City Council and further recognizesd the need to
control requests for opinion and/or research by the City Attorneylegal counsel due
to fiscal concerns.
A-5
CITY COUNCIL POLICY
NUMBER: 5
DATE ADOPTED/AMENDED: 02/04/92 (Repealed 03/04/08)
SUBJECT: Council Requests Policy
POLICY:
It shall be the policy of the City Council that Council requests for information from
the staff requiring more than incidental or minor research effort will be provided
through the City Manager’s Office. The City Manager will provide the information
to other members through the weekly Status Report or other appropriate method.
BACKGROUND:
The provision of such information places all Council members on an equal
footing in responding to citizen inquiries or discussion of the subject matter. It
also allows the City Manager to more appropriately manage staff time regarding
inquiries from the Council.
A-6
CITY COUNCIL POLICY
NUMBER: 6
DATE ADOPTED/AMENDED: 02/04/92 (amended 01/31/02; and 09/16/03;
and 09/17/19, and 04/20/2021)
SUBJECT: City Advisory Board Committee Recruitment and Selection
POLICY:
It shall be the policy of the City Council to fill vacancies on City -appointed Boards
Committees as follows:
Service Criteria
1. Terms of service on City Boards Committee will be four years for each new
appointee. Initially, half (plus one) of the terms will be four years and half
(less one) of the terms will be two years..
2. Appointments will be made to Boards Committees in June even numbered
years on a schedule to be established by the City Council pursuant to
Ordinance No. 627 and per Council action taken on September 17, 2019 and
following as soon as possible the seating of a new Council.
3. Terms will be staggered to maintain continuity.
4. Following the appointment of Board Committee members, those appointees
indicating an interest in being considered for chair, will be interviewed
separately by the City Council specifically for the purpose of selection of the
chair in June of each year.
5. Terms of service for the Chair will normally be one year. Appointments/re-
appointments will be made annually on a schedule to be established by the
City Council in June of each year.
6. In the event a Board Committee meets before a Chair is
appointed/reappointed, the Mayor may appoint an interim Chair. If the former
Chair is reappointed to the BoardCommittee, he/she may act as Interim Chair.
If the Chair is not reappointed to the Committee Board then the Vice Chair
may act as Interim Chair.
7. The Vice Chair of each Board Committee will be elected by the Board
Committee members.
A-7
Recruitment Process
1. Immediately following the regular election of City Council members the City
Clerk shall advertise that applications shall be open for the positions that shall
be filled following the seating of a new City Council. Applications shall be
accepted from the date following the election until mid-December of that year,
or such other date, as the City Council shall direct. The newly-seated City
Council shall determine the interview schedule.
2. The vacancy shall be advertised in the Palos Verdes Peninsula News and,
Daily Breeze and LA Times newspapers. Advertising may take the form of a
press release. Additionally, the vacancy shall be posted at the City’s regular
posting places and be placed on the Government Access Reader Board. The
City Clerk shall include a summary of duties in the recruitment flyer, press
release and any other recruitment material. A deadline for receipt of
applications will be established by the City Council Clerk.
3. Interested applicants, including incumbents seeking reappointment, will be
required to fill out applications.
4. Applications will be reviewed by the City Council. Each applicant shall be
interviewed by the City Council (unless the City Council has recently
interviewed an applicant for a different committee) and appointments made at
a public meeting..
Interview Process
1. Interviews of applicants for Boards Committees will be conducted by the City
Council in small groups on a schedule to be established by the Council (these
interviews may happen in- person or virtually at the City Council’s discretion).
2. The City Clerk will notify applicants of their interview times and advise them of
their status during the selection process.
3. The City Clerk will advise successful applicants of the opportunity to be
interviewed for Chair if they so desire. The City Clerk will notify applicants for
Chair of their interview times and advise them of their status in the selection
process.
4. The City Clerk will provide new Board Committee members a copy of the
Commission and Committee Handbook and Statement of Economic Interest
forms if applicable to their Board Committee appointment.
5. The City Attorney will brief new Committee Board members of their
responsibilities under the Brown Act and Conflict of Interest Laws and other
legal obligations mandated by their appointment.
A-8
BACKGROUND:
On December 4, 2001, January 12, 2002, January 31, 2002, and September 16,
2003 and September 17, 2019 the City Council considered the process for
recruitment and selection of City-appointed Board Commission and Committee
members. After discussing various alternatives, the Council agreed on
September 16, 2003 September 17, 2019 to the procedure contained in this
policy in order to encourage residents to apply for and serve on City Boards, to
create a procedure that allows the City Council to become familiar with the
applicant’s qualifications, and to maintain continuity on the various Boards by
staggering the terms of service.
A-9
CITY COUNCIL POLICY
NUMBER: 7
DATE ADOPTED/AMENDED: 07/07/92 (Amended 11/19/02 and Repealed
04/20/2021)
SUBJECT: Preparation and Distribution of Agenda Press Packages
All agenda materials are now available on- line, Staff recommends repealing this
policy.
POLICY:
It shall be the policy of the City Council relating to the preparation and distribution
of City Council, Committee and Commission agenda press packages, that free
agenda press packages will be made available to newspapers of general
circulation within the City of Rancho Palos Verdes which meet the following
criteria:
1. Must have a minimum of twice per week circulation;
2. Must have a paid circulation of no less than 3,000 subscribers;
3. Agents of the paper must pick up their agenda packages by Wednesday
following the meeting. Failure to pick up the package more than two times
will make the paper ineligible for continued distribution. The City Clerk
may reinstate distribution, in the above case, if a request is received, in
writing indicating a willingness to comply with the adopted policy.
BACKGROUND:
Due to continued budget constraints, the City Council recognized the need to
establish policy guidelines for the continued free distribu tion of agenda packages.
A-10
CITY COUNCIL POLICY
NUMBER: 8
DATE ADOPTED/AMENDED: 09/29/92 (Amended 03/19/02 and 04/20/2021)
SUBJECT: City Manager’s Weekly Administrative Reports
POLICY:
It shall be the policy of the City Council that the City Manager’s Weekly
Administrative Report (Weekly Report) shall be produced weekly by the City
Manager’s Department and a copy distributed to the following persons via email:
Mayor and City Council
Department Heads
Chairperson and Members of each
Commission/Committeession
The Weekly Report will also be sent out to interested parties , once a week and
generally on Wednesdays, via the City’s listserv notification, City social media
platforms, the City’s MyRPV app, and posted one a week, generally on
Wednesday and added to the City Manager’s webpage. Note: if the Wednesday
precedes a holiday, the City Manager , at his discretion may cancel production of
the report for that the week.
The content of the Weekly Report should include, at a minimum, updates from
each Department on relevant subject matters such as City construction projects,
events, legislative matters, and other newsworthy items of interest to the
community as determined by the City Manager.
BACKGROUND:
The City Council recognized the need to establish the persons who, at a minimum,
shall are eligible to receive the Weekly Administrative Report produced by the City
Manager’s Department.
A-11
CITY COUNCIL POLICY
NUMBER: 9
DATE ADOPTED/AMENDED: 08/06/02 (amendedRepealed 04/20/2021)
SUBJECT: Supporting Participation by Residents in Government against
Intimidation Caused by Lawsuits Naming Individuals
Already addressed in Current Rules of Procedure (ROP) Reso 2019-48
Section 10.5 Defense and Indemnification. Recommendation: Repeal
POLICY:
The City of Rancho Palos Verdes depends on its residents to volunteer to
provide the leadership roles that govern our City. The City regards the inclus ion
as defendants in lawsuits against the City of individual City Council members,
Commission members, Committee members, and similar resident volunteers
who participate in the City’s decision making processes as a tactic that is
designed to intimidate and chill the participation of the City’s residents in the
democratic process, which is an infringement of rights that are protected by the
constitutions of the United States and the State of California. As such, when
determined by the City Council, on a case-by-case basis, to be consistent with
existing law, the City will defend and indemnify City Council members,
Commission members and Committee members, and will vigorously use all legal
tools, including Code of Civil Procedure § 425.16 (the “Anti -SLAPP” statute) to
assert the rights of such individuals to participate in government without fear of
intimidation from lawsuits filed as a result of decisions that they make on behalf
of the City. The City shall seek to obtain the full relief afforded to it and t he
individuals, including the right to attorney’s fees under C.C.P. § 425.16(c).
Upon receipt by the City Clerk of any lawsuit naming an individual City Council
member, Commission member or Committee member as a defendant, the City
Clerk shall mail to the attorney for plaintiff (or plaintiff, if not represented by
counsel) a copy of this policy, alerting such person to the policy of the City.
BACKGROUND:
The City has seen a recent increase in the inclusion of individual City Council
members, and Commissioners and Committee members as defendants in
lawsuits filed against the City or its agencies as a result of the participation of
those individuals in the decisions made by the City bodies on which they serve.
Although the City typically defends and indemnifies its resident volunteers, the
Council felt that a bold, clear, unequivocal statement was in order that whenever
it is consistent with existing law, the City will vigorously defend its resident
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volunteers serving on its City Council, Commissions and Committees, including
the forceful protection of their individual rights under our democratic principles to
participate in local government, and to do so without fear that they shall be sued.
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P:\7 City Council\City Council Policy Manual Revisions\Ara's Edits\COUNCIL POLICY 10_Community Recognition Program
(20020319)_AM.docx
CITY COUNCIL POLICY
NUMBER: 10
DATE ADOPTED/AMENDED: 09/29/92 (Amended 03/19/02 and 04/20/2021)
SUBJECT: City Council/Committee/Community Recognition Program
POLICY:
It shall be the policy of the City Council to recognize members of the City
Council, Commissions and Committees upon their retirement provided that they
have served their full term, as well as members of the community at large for
significant achievements.
City Council Members: with a plaque large enough to accommodate the
mounting of an inscription noting the term of service. At a Council
Member’s request, a “Key to the City” may be given to the outgoing
Mayor.
Committee/Commission Members: with a proclamation or City tile at the
request of the Mayor.
Additionally, staff shall prepare a proclamation, letter of commendation, engraved
City tile or miscellaneous item of award for community persons at large at the
request of the Mayor or City Council members with concurrence of the Mayor, to
recognize significant achievements in the community.
BACKGROUND:
The City Council addressed the need to recognize significant achievements in
the community.
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CITY COUNCIL POLICY
NUMBER: 11
DATE ADOPTED/AMENDED: 09/29/92 (Amended 02/19/02 and 04/20/2021)
SUBJECT: Employee Recognition Program
POLICY:
It shall be the policy of the City Council to recognize City employees for milestone
full-time years of service as follows:
5 Years of Service to City – Gold Recognition Pin
10 Years of Service to City – Gold Recognition Pin w/ one gem
15 Years of Service to City – Gold Recognition Pin w/ two gems
20 Years of Service to City – Gold Recognition Pin w/ three gems
25 Years of Service to City – Gold Recognition Pin w/ four gems
BACKGROUND:
The City Council recognized the need to recognize significant full-time employees’
milestone anniversaries.
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CITY COUNCIL POLICY
NUMBER: 12
DATE ADOPTED/AMENDED: 09/29/92
SUBJECT: Procedures for Vacation of City Rights-of-Way and Easements
POLICY:
It shall be the policy of the City Council to follow the procedures outlined in
Resolution No. 90-93 (attached) with regard to the vacation of City rights-of-way
and easements.
BACKGROUND:
In December 1990, the City Council adopted Resolution No. 90-93 establishing
the right-of-way vacation procedures. The item is brought back on this date to
simply codify the existing policy into the new policy handbook.
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CITY COUNCIL POLICY
NUMBER: 13
DATE ADOPTED/AMENDED: 09/29/92 (amended 04/20/2021)
SUBJECT: Contractor Storage at City Hall Site
POLICY:
It shall be the policy of the City Council that contractors conducting business with
the City of Rancho Palos Verdes may lease space for storage of equipment and
materials at the City Hall site under the following conditions:
1) The privilege of storing materials at the City Hall site shall be limited to
contractors employed by the City of Rancho Palos Verdes on Public Works
Department projects.
2) Contractors must enter into a temporary lease agreement with the City in
order to store materials at the storage site. A standard lease agreement
developed by the City Attorney will be used that includes hold-harmless,
property damage and general liability provisions.
3) The storage site shall be limited to the shaded areas outlined in Exhibit “A”
(attached)
4) The storage space shall be leased for $500.00 per month or $0.07 per square
foot per month, whichever is greater.
5) Requests to utilize the site for storage shall be reviewed and administered by
the Public Works Director or his/her designee.
BACKGROUND:
In September 1990, the City Council adopted the policy outlined above to
address the need to control contractor storage at the City Hall site. It is brought
back on this date to simply codify the existing policy into the new policy
handbook.
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CITY COUNCIL POLICY
NUMBER: 14
DATE ADOPTED/AMENDED: 09/29/92 (repealed on 04/20/2021)
SUBJECT: Field Use – AYSO Region 11
Staff recommends repealing this Policy on is about AYSO’s use of the
Portuguese Bend Fields which are owned and haven’t beennow managed by
the Palos Verdes Peninsula Unified School DistrictCity for many years
POLICY:
It shall be the policy of the City Council to permit use of city soccer fields by AYSO
Region 11 consistent with the following guidelines:
AYSO Region 11 shall qualify as a Group III user as defined in the city’s
Public Facilities Reservation and Fee Policy and shall be subject to an
hourly rate of $3.75 for scheduled games and $2.00 for scheduled practices.
The rates shall be applicable per hour/per field use.
Region 11 shall complete in full an application for field use and shall include
a schedule of practice uses and game play. Such application and
schedules must be received by the Director of Recreation and Parks or a
designated staff member no later than August 15th each year.
Region 11 shall be considered a priority user of the Portuguese Bend Fields
and as such other uses of the fields will not be scheduled during soccer
season (September 1st – December 31st) prior to August 15th. After August
15th, the fields will be scheduled on a first-come first-served basis on any
data then open in order to maximize opportunities for field use by all
interested user groups.
Region 11 shall notify the designated staff member of any change in their
use of the fields, especially canceled dates. Five working days notice is
required in order to provide other groups an opportunity to use the fields if
the need exists. In the event notice is not provided, Region 11 will be billed
for the data as though it had been used.
The Director of Recreation and Parks or the designated staff member shall
be notified by March 1 each year of the name, address and telephone
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number of the Commissioner for Region 11 to facilitate scheduling of
meetings and communication with the organization.
Keys/combination to gate locks will be issued to the AYSO Region 11
Commissioner upon completion of the application. The keys/combination
are to be issued to adults only, (in the case of keys) are not to be duplicated,
and it shall be the responsibility of Region 11 to open and secure the gates
at the end of Forrestal Drive and at the end of the service road accessing
the fields prior to and at the conclusion of each field use. If keys are issued,
they shall be returned to the Director of Recreation and Parks at the end of
the season.
Recreation staff will be not assigned during the hours that the Ladera Linda
Community Center is not normally open and staffed.
The Director of Recreation and Parks or a designated staff member will
meet with the Commissioner and coaches of Region 11 at the beginning of
each season to discuss vandalism to the facility which has been
experienced as a result of AYSO use, and discuss methods to educate
parents, players and visiting teams. Every effort is to be made by Region
11 officials to prevent players from engaging in activities such as throwing
rocks down the hill at the homes below, running on and in plated slopes,
vandalizing parcourse stations, etc.
Any property damage caused in connection with AYSO’s use of the facility
will be repaired by the City and the associated costs billed to Region 11,
including direct costs as well as City overhead costs. Until payment is
received, the City shall have the right to cancel the group’s current use
permit, if multiple, and reject any further applications. The standard security
deposit of $175 will be waived for Region 11. Should problems arise which
justify the reestablishment of a deposit, the Director of Recreation and Parks
shall report such incidents to the City Manager who will recommend to the
Council changes to the policy.
Region 11 will be billed for the facility use at the conclusion of the season
for which the permit has been issued. Payment terms are net 30 days.
BACKGROUND:
AYSO Region 11 has a long history of contributions of labor and cash toward the
construction and maintenance of the Portuguese Bend Fields. Council wishes to
recognize that contribution by providing for Region 11 use of the fields with special
provisions beyond those contained in the City’s Public Facilities Use and Fee
Policy.
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CITY COUNCIL POLICY
NUMBER: 15
DATE ADOPTED/AMENDED: 09/29/92 (amended 04/20/2021)
SUBJECT: Security Deposit – AYSO Region 10
POLICY:
It shall be the policy of the City Council to waive the standard $175 security deposit
for AYSO Regions that are based in the Palos Verdes Peninsula area. 10
consistent with the practice of waiving the deposit for AYSO Region 11.
BACKGROUND:
The City Council recognized the need to give staff direction with regard to the
waiving of security deposits for certain regions oflocal AYSO regions.
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CITY COUNCIL POLICY
NUMBER: 16 (Repealed 5/1/12)
DATE ADOPTED/AMENDED: 09/29/92 (amended 7/21/98, 5/18/99 and
2/17/04; augmented and clarified 3/6/07 by
Resolution No. 2007-24; repealed and replaced
5/1/12 by Resolution No. 2012-31)
SUBJECT: Travel and Meetings Expense Reimbursement and Use of Public
Resources
BACKGROUND:
The City Council recognized the need to establish a travel policy to assure the
needs of the City are being met while limiting unnecessary expenditures. Policy
No. 16 was originally adopted in 1992. The policy was amended in 1998, 1999
and 2004. In 2007, the City Council adopted Resolution No. 2007-24, which
sought to amend and restate City Council Policy No. 16 as the City’s “Expense
Reimbursement and Use of Public Resources Policy.” In 2012, the City Council
subsequently adopted Resolution No. 2012-31, which repealed and replaced both
City Council Policy No. 16 and Resolution No. 2007-24.
POLICY:
The City’s Expense Reimbursement and Use of Public Resources Policy is
articulated in Resolution No. 2012-31, as adopted by the City Council on May 1,
2012, and attached hereto.
Attachment:
Resolution No. 2012-31
It shall be the policy of the City Council that the following procedures shall be
followed by the City Council and its Committee/Commission(s) and City staff with
regard to travel.
A. For purposes of this policy, the term "local meeting" shall be used for all
meetings within the greater Los Angeles area that do not require an overnight stay.
The term "conference" shall be used for all meetings beyond the greater Los
Angeles area that require an overnight stay to be on time for the start of the
meeting. The greater Los Angeles areas shall be defined as a destination within
50 miles of Rancho Palos Verdes.
B. As part of the annual budget adoption, the City Council shall approve an amount
for each Council member for routine travel expenses (“standard travel budget”). At
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City Council Policy No. 16 (Repealed)
Travel and Meetings Expense Reimbursement and Use of Public Resources
Amended: February 17, 2004 Repealed: May 1, 2012
Page 2
the same time, the Council may also establish a discretionary travel pool. If
established, an application by the Mayor or any Council members to use this
discretionary pool may be approved by a majority vote of the Council in addition to
their standard travel budget when the Council member's individual standard travel
budget is depleted.
C. All meetings, whether one day local meetings or conferences, must have
budgeted funds available for reimbursement or advance registration. If funding is
not available, the attendee must obtain approval from the City Council at a duly
convened meeting and a budget adjustment must be made.
D. All local meeting and conference attendance shall be for City business affiliated
matters only and eligible costs associated with such travel shall be charged against
each individual Council member's travel budget, or charged against the
discretionary pool described in section (B), when the Council member's individual
standard travel budget is depleted.
Should a Council member serve on an official committee of the organizations listed
under the "Conferences" heading, item (3), or be assigned by the City Council or
the Mayor to attend a special meeting on behalf of the City, he or she is then
eligible to have the costs associated with official or special committee meetings
charged against that City Council members travel account, or charged against the
discretionary pool described in section (B), when the Council member's individual
standard travel budget is depleted.
E. Registration fees and expenses incurred at local meetings and conferences
must be made under the following conditions to be reimbursed:
LOCAL MEETING:
1) Local meetings include, but are not limited to, the following:
a) Older Americans Recognition Luncheon
b) Good Scout Awards Dinner
c) Peninsula Seniors Events
d) Peninsula Chamber of Commerce Events
e) Torrance Area Chamber of Commerce Luncheon
f) San Pedro Chamber of Commerce Luncheon
g) CAP Dinner
h) Palos Verdes Peninsula Land Conservancy Events
i) California League of Cities Events
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City Council Policy No. 16 (Repealed)
Travel and Meetings Expense Reimbursement and Use of Public Resources
Amended: February 17, 2004 Repealed: May 1, 2012
Page 3
j) Marymount College Events
k) Any event where the City Council is presenting a proclamation
l) The Peninsula Mayor’s luncheon
2) Generally, notification of intent to attend should be made prior to the scheduled
departure in order to provide the necessary time for staff to make the appropriate
arrangements.
3) Reimbursement or pre-registration for a local meeting shall be limited to the
authorized attendees only. In cases where the City Council is presenting a
proclamation, reimbursement shall be provided for each Councilmember attending
the local meeting. Expenses for spouses and/or guests shall be paid for by
attendees and are not reimbursable.
4) Meals associated with a particular meeting, such as the League of California
Cities monthly meetings, or local events such as the Educator of the Year Awards
banquet, are reimbursable, provided that supportive receipts or other
documentation is submitted. It should be noted that the Attorney General and the
District Attorney are interpreting the Government Code as precluding the City from
reimbursing Council Members for their expenses in purchasing meals for third
parties, such as constituents, legislators and private business owners, at meetings
held to discuss legislation or other matters affecting the City.
5) The cost of parking in parking lots or parking garages is reimbursable, provided
that supportive receipts or other documentation is submitted.
6) Except as noted above, any other travel expenses, including mileage, incurred
by attendance at a local meeting that does not require an overnight stay shall be
at the attendees’ expense. However, mileage reimbursement will be allowed for
local meetings, which involve a round trip of more than 50 miles, provided
supportive receipts or other documentation is submitted.
CONFERENCE:
1) Generally, notification of intent to attend must be-made prior to the scheduled
departure in order to provide the necessary time for staff to make the appropriate
arrangements.
2) Reimbursement for pre-registration for a conference shall be limited to
authorized attendees only. Expenses for spouses and/or guests shall be paid by
attendees and are not reimbursable. Requests for reimbursement should be
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City Council Policy No. 16 (Repealed)
Travel and Meetings Expense Reimbursement and Use of Public Resources
Amended: February 17, 2004 Repealed: May 1, 2012
Page 4
submitted to the Finance Department within 30 days of the conclusion of the
conference by the attendee.
3) Conference attendance is limited to sponsorship by the following organizations:
a) League of California Cities
b) California Contract Cities
c) Southern California Assn. of Governments
d) California Joint Powers Insurance Agency
e) South Bay Cities Council of Governments
f) Other organizations of which the City is a member or conferences for which
funds have been approved in the annual operating budgets.
Attendance at conferences (whether in-state or out-of state) sponsored by other
organizations not listed above, must be approved by the City Council at a duly convened
meeting. If approval is not obtained prior to the event, approval for any such
reimbursement may be obtained through approval of the warrant register.
4) Hotel charges will be allowed at the regular rate for a single occupant. If the hotel
imposes a fee for an additional guest in the room, the attendee shall pay the difference.
Attendees are required to provide the hotel with a letter advising them that the elected
officials, committee members and employees of the City of Rancho Palos Verdes are
exempt from transient occupancy tax (TOT) charges while conducting official business
on behalf of the City.
5) Attendee is not eligible for reimbursement for hotel charges incurred prior to the official
first day of a conference or other scheduled City business unless it would be an
inconvenience for the attendee to arrive on the first day of a conference that begins in the
morning. In these cases, the attendee shall be eligible for reimbursement for hotel
charges for one night prior to the official first day of the conference.
6) Shuttle service to and from the airport and hotel is eligible for reimbursement. To be
reimbursed for the direct costs, attendee shall submit all supportive receipts and request
reimbursement using City expense report forms.
7) Rental car expenses may be reimbursed when it can be shown that the circumstances
justify the need for such transportation. When choosing to rent a car over other forms of
transportation, expenses claimed should be ordinary, necessary and for a reasonable
amount.
8) Charges covering laundry, dry cleaning, room service, personal telephone calls, rental
car expenses not covered by item (7) above and personal entertainment are not eligible
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City Council Policy No. 16 (Repealed)
Travel and Meetings Expense Reimbursement and Use of Public Resources
Amended: February 17, 2004 Repealed: May 1, 2012
Page 5
for reimbursement. However, a phone call to a family member at home is allowed to
announce the safe arrival and departure time of the attendee.
9) Air transportation for travel beyond the greater Los Angeles area shall be computed on
the basis of the cost of coach class air travel, using the shortest and most direct route. Air
travel shall be by the lowest cost scheduled carrier that reasonably meets the schedule
of the traveler. If the attendee wishes to travel by automobile instead of by plane outside
Southern California, he or she may do so. Reimbursement will be the prescribed mileage
or the cost of round-trip airfare to and from the destination, which ever is the lowest cost.
F. Use of funds for City Committee/Commission member attendance at local meetings
and conferences must be budgeted by the City Council. If travel is approved, the
Committee/ Commission member(s) shall follow the standard travel procedures as
outlined in the above procedures. Expenses claimed will be ordinary, necessary and for
a reasonable amount.
G. Use of funds for City Staff attendance at local meetings and conferences must be
budgeted by the City Council. If travel is approved, the City staff member(s) shall follow
the standard travel procedures as outlined in the above procedures. Expenses claimed
will be ordinary, necessary and for a reasonable price
M:\Policy Issues\City Council Policy Manual\COUNCIL POLICY 16_Expense Reimbursement and Use of Public Resources
(20120501).docx
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CITY COUNCIL POLICY
NUMBER: 17
DATE ADOPTED/AMENDED: 09/29/92 (Amended 03/02/93; 03/19/02;
01/18/00; and 11/06/19 and Repealed 04/20/2021)
SUBJECT: Procedure for Audience to Address City Council
Already addressed in Current Rules of Procedure (ROP) Reso 2019-48
Section 6.0 Citizens’ Rights: Repeal
POLICY:
It shall be the policy of the City Council to follow the procedures established
under Resolution No. 2000-01, Exhibit “A”, Subjects 5.5 – 6.5 “Citizens’ Rights”
with regard to addressing the Council. Additionally, it shall be the policy of the
City Council that the procedures outlined in Resolution No. 2000-01, Exhibit “A”
this policy was amended via Resolution No. 2019-48 Section 6.0 Citizens’ Rights
and be included on the agenda cover sheet prepared by the City Clerk to give
direction to members of the public who wish to address the City Council at
meetings.
BACKGROUND:
The City Council recognized the need to establish guidelines to assist in the
completion of agenda items in a time manner while allowing the public to
comment and address various issues.
ATTACHMENT:
Suggest adding section 6.0 Citizen rights of See Resolution No. 2019-48 Section
6.0 Citizens’ Right as attachment or incorporate paragraph hereto.
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CITY COUNCIL RULES OF PROCEDURE
ADOPTED JUNE 18, 2000
EXCERPT FROM RESOLUTION 2000–01, EXHIBIT “A”
5.5 Public Comments – (also see Citizen’s Rights)
During Public Comments any person may address the Council, provided that the
item is within the subject matter jurisdiction of the Council and is not otherwise on
the agenda.
6 CITIZENS’ RIGHTS
6.1 Addressing the Council
1. Any person may address the Council on the following
portions of the agenda:
(a) Public Comments as provided in Section 5.5.
(b) Public Hearings as provided in Section 8.
(c) All other portions of the agenda prior to the vote, if
any, being taken.
2. The following shall apply:
(a) Each person addressing the Council shall step to the
podium and give their name and address or city of
residence for the record.
(b) Each speaker is limited to three minutes on Public
Comments as provided in Section 5.5. All remarks
shall be directed to the Mayor and Council as a body
and not to any particular member.
(c) No person, other than members of the Council and
the person having the floor, shall be permitted to enter
into the discussion.
(d) No question shall be asked of Councilmembers or
staff except through the Mayor.
(e) These guidelines will generally apply to special
meetings as well, but the City Council reserves the
right to otherwise limit or preclude Public Comments
during Special Meetings.
(f) The City Council may limit the public input on any
item based on the number of people requesting to
speak, length of agenda, or the business of the
Council.
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6.2 Personal and Slanderous Remarks
No person in the audience at a Council meeting shall engage in disorderly or
boisterous conduct, including the utterance of loud, threatening, profane or
abusive language, personal, impertinent or slanderous remarks, whistling,
stamping of feet, applauding, booing or other acts which disturb, disrupt or
otherwise impede the orderly conduct of any Council meeting.
Any person who conducts himself or herself in the aforementioned manner shall,
at the discretion of the Mayor or by a majority of the Council, pursuant to a point
of order requested pursuant to Section 4.6 of these Rules of Procedure, be
barred from further audience before the Council during the meeting. Any person
who so disturbs, disrupts or otherwise impedes the orderly conduct of more than
two Council meetings, may be barred from attending future Council meetings.
The Mayor shall request that a person who is breaching these rules of conduct
be orderly and silent. If, after receiving a warning from the Mayor, a person
persists in disturbing the meeting, the Mayor shall order the person to leave the
Council meeting. If such person does not immediately remove himself or herself,
the Mayor may order any law enforcement officer who is on duty at the meeting
as sergeant-at-arms of the Council to remove the person from the Council
Chambers. Alternatively, the Mayor may recess the meeting until a law
enforcement officer is able to arrive and remove the person.
6.3 Enforcement of Decorum
After issuing a verbal warning, the Mayor shall order removed from the Council
Chambers any person or persons who commit the following acts in respect to a
regular or special meeting of the City Council:
1. Disorderly, contemptuous or insolent behavior toward the
Council or any member thereof, tending to interrupt the due
and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent
disturbance, tending to interrupt the due and orderly course
of said meeting.
3. Disobedience of any lawful order of the Mayor which shall
include an order to be seated or to refrain from addressing
the Council.
4. Any other unlawful interference with the due and orderly
course of the meeting.
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6.4 Reading of Protests
Interested persons or their representatives may address the Council for the
reading of protests, petitions or communications relating to the matter under
consideration if a majority of the Council agree that the person should be heard.
Such presentation shall be subject to the time limits that have been established
for addressing the City Council.
6.5 Written Communications
Any citizen 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.
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W:\POLICY\20021122_COUNCIL POLICY 18_Five year fin. model updates
CITY COUNCIL POLICY
NUMBER: 18
DATE ADOPTED/AMENDED: 09/21/93 (amended 04/20/2021)
SUBJECT: Five-Year Financial Model Updates
POLICY:
It shall be the policy of the City Council that the Five-Year Financial Model be
analyzed, updated and reviewed annually as part of the City budget process.
BACKGROUND:
The City Council determined that, at a minimum, a five- year forecasting model
was necessary to review as part of their deliberations on new and increased
revenue measures. The City Council also recognized that many of the
assumptions and data included in the Five-Year Financial Model dated 08/93 will
change from year- to -year. Therefore, it is necessary to update and analyze the
Model to project future revenue levels and needs.
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CITY COUNCIL POLICY
NUMBER: 19
DATE ADOPTED/AMENDED: 10/02/90
SUBJECT: Life/Medical/Dental/EAP/Vision Care Coverage for City Council
POLICY:
It shall be the policy of the City Council that the City shall pay the full medical,
dental, EAP and vision premiums for Council members who elect to be covered
under the City’s health plan.
In addition, the City shall pay one half of the medical, dental, EAP and vision
premiums associated with adding family members of the City Council to the
City’s health plan.
Finally, the City shall pay the monthly premium on a $50,000 life insurance policy
to be held by the City’s insurance carrier on each Council member. Family
members of the City Council or employees are not eligible for life insurance
coverage under the City’s life insurance policy.
BACKGROUND:
The City Council recognized the need to establish the criteria in which Council
members may elect coverage under the City’s health benefits plan.
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CITY COUNCIL POLICY
NUMBER: 20
DATE ADOPTED/AMENDED: 11/16/93 (Amended 04/20/2021)
SUBJECT: Voting in Elections Relating to the City’s Membership in Area
Chambers of Commerce and Landslide Abatement Districts
POLICY:
It shall be the policy of the City Council that, provided that (s)he shall have no
financial or real property interest in the same, the Mayor shall vote on behalf of the
City Council in the elections relating to the City’s membership, if any, in Chambers
of Commerce and landslide abatement districts.
BACKGROUND:
The City Council recognized the need to establish guidelines by which the City
would cast its vote in these special elections.
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CITY COUNCIL POLICY
NUMBER: 21
DATE ADOPTED/AMENDED: 12/07/93 (amended on 04/20/2021)
SUBJECT: Commission and Committee Members Use of City Attorney
POLICY:
It shall be the policy of the City Council that individual members of the Planning
Commission or other City aAdvisory Committees bodies should not directly seek
City Attorney advice on matters relating to a member’s personal or city business.
The exception to this policy is when a member wishes to seek clarification relative
to a potential conflict of interest that may affect the member’s ability to vote on an
issueagenda item.
When the Chair of the Commission or a Committeeother advisory body feels that
legal advice is necessary relative to other matters within their jurisdiction, they
should first contact the Department Head providing staff to the Commission or
advisory body, who will then contact the City Attorney through the City Manager,
as deemed necessary.
BACKGROUND:
The policy is intended to assist in making the most cost effective use of the City
Attorney’s time. The policy also recognizes that only individual members, not the
Commission or Committeesadvisory bodies, can make a determination of whether
a conflict of interest exists but that on a confidential basis, the City Attorney’s
advice may be beneficial to the individual in making such a determination.
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CITY COUNCIL POLICY
NUMBER: 22
DATE ADOPTED/AMENDED: 01/10/94
SUBJECT: Distribution of City Council Correspondence
POLICY:
It shall be the policy of the City Council that each member of the City Council be
copied on any correspondence prepared for the signature of the Mayor or
members of the Council with the assistance of the staff.
BACKGROUND:
Individual Councilmembers receive correspondence which requires a response
or initiates correspondence to individuals or organizations. The staff often
assists in the preparation of such correspondence. This Policy will assist in
improving communications between members of the Council by assuring that
each member of the Council is aware of positions taken on public issues by other
members of the Council.
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CITY COUNCIL POLICY
NUMBER: 23
DATE ADOPTED/AMENDED: 01/10/94 (amendedRepeal 04/20/2021)
SUBJECT: City Council Agenda Reports on Outside Organizations and Council
Subcommittees
Already addressed in Current Rules of Procedure (ROP) Reso 2019-48
Section 10.3 (d) Council Subcommittees (Reports): Repeal
POLICY:
It shall be the policy of the City Council that each Council person serving on an
outside organization or on an ad hoc Council subcommittee where they represent
the interests of the City of Rancho Palos Verdes, shall, at a minimum, make a
quarterly report to the full Council on the Activities of the organization or
subcommittee.
Such reports will may be placed on the Council agenda and may be given in
written form or verbally or may be reported during City Council Oral Reports.
The City Manager’s office shall be given notice of the Council Mmember’s
intention to provide such a report no later than noon, the Wednesday preceding
the Council meeting. The Council Mmember will provide sufficient information
about the report so the agenda description of the item can comply with the
requirements of the Ralph M. Brown Act.
BACKGROUND:
Each Council Member represents the City of Rancho Palos Verdes on one or
more outside organization or on a Council subcommittee. The purpose of these
organizations or subcommittees is to assist in furthering some aspect of local or
regional interest. The activities and decisions of these groups often have an
impact on the public. Although most of these meetings are technically public, it is
rare that the public attends. By providing periodic Council reports, Rancho Palos
Verdes citizens can be informed of matters that come before these organizations
or a Council subcommittee.
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CITY COUNCIL POLICY
NUMBER: 24
DATE ADOPTED/AMENDED: 02/01/94 (Amended 03/19/02)
SUBJECT: Commission and Committee Chair Attendance at City Council
Meetings
POLICY:
When a Planning Commission decision is appealed to the City Council or a major
planning issue is forwarded to the City Council by the Commission, the Planning
Commission Chairperson will attend the City Council meeting and be available to
answer any questions members of the Council may have, if requested to do so
by a member of the City Council or the City Manager.
The Chairperson of other City Committees will also attend City Council meetings
and be available to answer questions, when a major recommendation is
forwarded to the Council from the Committee, if requested to do so by a member
of the City Council or the City Manager.
In the absence of the Chairperson, the Vice Chair or other designated
representative will attend the City Council meeting in her or his stead, if
requested to do so by a member of the City Council or the City Manager.
BACKGROUND:
Commission and Committee minutes and staff reports do not always provide the
full background and reasoning behind a particular decision or recommendation.
Attendance of the Commission and Committee Chairpersons in the above
instances can provide additional insight into the matter before the City Council.
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CITY COUNCIL POLICY
NUMBER: 25
DATE ADOPTED/AMENDED: 02/15/94 (Amended 03/19/02)
SUBJECT: Policy against Harassment in the Workplace
POLICY:
The City of Rancho Palos Verdes has adopted a policy prohibiting harassment in
the workplace on the basis of race, religion, color, national origin, ancestry,
alienage, citizenship status, disability, pregnancy, medical condition (cancer-
related), marital status, sex, sexual orientation, age (40 and over), or any other
status protected by California and federal law.
The Policy has been adopted as Rule XIII, Section 2 of the Competitive Service
Employee Personnel Rules, and Rule IX, Section 2 of the Management
Employee Personnel Rules. The Policy is summarized below.
The protections afforded by this Policy apply to applicants for employment and
employees. The Policy’s prohibitions apply to employees, including department
heads, supervisors and co-employees, non-employees such as volunteers and
vendors, non-employees such as persons appointed to City committee and
commission, and City Council members.
Under applicable law, the City can be liable for the actions of employees, non-
employees and appointed and elected officials. Personnel who perpetuate
harassment that is prohibited by State law may be personally liable. In addition,
individual supervisors and management personnel who aid and abet the illegal
harassment may be subject to suit and, potentially, personal liability. Certain
forms of harassment are crimes.
If harassment prohibited by the Policy occurs, the City shall take appropriate
corrective action against the harasser, and seek to remedy the effects of the
harassment on the employee or applicant for employment. If the harasser is an
employee, such corrective action shall include appropriate discipline, up to and
including discharge. If the harasser is a non-employee, for example, an
appointed commissioner or committee members, or a volunteer or vendor, such
corrective action may include termination of the City’s relationship with the non-
employee. If the harasser is a City Council member, corrective action may
include, but is not limited to, public censure of the City Council member by the
City Council.
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CITY COUNCIL POLICY
NUMBER: 26
DATE ADOPTED/AMENDED: 09/06/94
SUBJECT: Submittal of Certain Original Documents for Consideration by the
City Council or City Commissions or Committees
POLICY:
It shall be the policy of the City Council that any person who submits documents
for consideration by the City Council or any other City commission or committee
as a part of the record of proceedings concerning a particular matter, shall submit
such documents to the City Clerk or the secretary of the commission or
committee rather than submitting such documents directly to the members of the
body. If an individual submits a letter or petition signed by someone else in
support of or in opposition to a particular matter which is being considered, the
document must display an original signature. The City Clerk or the secretary
shall distribute copies to the members of the body and shall maintain a copy of
the documents in accordance with the City’s document retention schedule
On occasion, an individual will distribute documents directly to the members of
the body, rather than through the City Clerk or secretary. When this occurs and
an original document is distributed directly to a member of the body, that member
immediately will give the document to the City Clerk or the secretary. Prior to the
body rendering a decision, the City clerk or the secretary will indicate whether
she/he has an original of the submitted document.
BACKGROUND:
Many individuals hand out copies of letters or petitions during the course of a
public hearing or testimony before the City Council or the City’s commissions or
committees. The members of these bodies may, or may not, rely on or be
influenced by the information submitted in making a decision on the particular
issue. The intent of this policy is to assure, to the extent practicable, that any
written communication which is submitted for consideration by the body
accurately reflects the intent or views of those whose signatures appear on the
document.
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CITY COUNCIL POLICY
NUMBER: 27
DATE ADOPTED/AMENDED: 02/21/95 (amended 04/20/2021)
SUBJECT: Access to Abalone Cove Shoreline Park by City Council/
Commission/Committee Members
POLICY:
It shall be the policy of the City Council that members of the City Council,
Commissions, and Committees and their guests shall be admitted to the Abalone
Cove Shoreline Park without charge. Members of the City Council, Commissions,
and Committees wishing to gain entrance to the Park shall present a picture
identification (Driver’s License or other similar form of identification) to the staff
member at the gate house to gain admittance. The Abalone Cove Shoreline Park
gate house shall maintain an up-to-date listing of all members of the City Council,
Commissions, and Committees.
BACKGROUND:
The City Council recognizes the need for members of the City Council,
Commissions, and Committees to access and/or utilize Abalone Cove Shoreline
Park in the course of their duties.
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CITY COUNCIL POLICY
NUMBER: 28
DATE ADOPTED/AMENDED: 05/02/95 (Amended 05/05/15 via Resolution
2015-36, and 04/20/2021)
SUBJECT: Parking Fee Admission Policy for Senior Citizens at Abalone Cove
Shoreline Park
POLICY:
It shall be the policy of the City Council to allow admit senior citizens to park at the
Abalone Cove parking lot at no charge. during the off-season months, Labor Day
to Memorial Day. Seniors will pay the regular per-day parking fee during peak
season, Memorial Day to Labor Day.
BACKGROUND:
The City Council recognizes the need to establish written guidelines for senior
citizens to park at admission to Abalone Cove Park by senior citizens. due to the
variations in the policy depending on the time of year.
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CITY COUNCIL POLICY
NUMBER: 29
DATE ADOPTED/AMENDED: 08/01/95 (amended 02/19/02, & 03/04/14 and
04/20/21)
SUBJECT: Legislative Activities of the City Council Position on Legislative Items
POLICY:
It shall be the policy of the City Council that staff shall monitor regional, County,
State and Federal legislative matters and initiatives, and consider the potential
impact(s) such legislative initiatives on the City or the region. Thereafter, the staff
shall prepare and present periodic legislative updates on such legislative matters
for the City Council to consider a positionwhether to take a position(s) on the same
and, if so, what position(s) to take’s review and consideration. The legislation
monitored Legislative Guidelines shall address issues at the regional, County,
State and Federal level, and shall focus upon anticipated or proposed laws,
regulations, rules, or policies that may impact the City or the region.
The legislation monitored will include both those issues that the City Council
decides determines either to support or oppose and those that they the City
Council may choose to identify as issues of concern, but not take a position on.
The determination of what position to take on pending legislation shall be solely
that of the City Council. Staff will periodically, at the request of a Council member,
place matters of pending legislation on the City Council agenda for consideration.
Staff will provide regular updates on the status of any legislative action affecting
any issues of concern to the City Council through the Weekly Administrative
Report.
If the majority of the Council votes to take a position on a certain support or oppose
legislation, staff shall prepare the appropriate correspondence, for the Mayor’s
signature, to the appropriate relevant Federal, State, County and/or regional
legislative representative(s) expressing the position of the City, and copies
provided to the City Council. Such correspondence shall be posted on the City’s
website under the Legislation Corner homepage.
Individual Council members may wish to support or oppose a specific piece of
legislation whether irrespective of whether the City Council has or has not taken a
position on such legislation or not. Any legislative activity by an individual Council
member, including preparing legislative correspondence, may be conducted by
any Council member, who shall state that he or she is not acting on behalf of the
City and is representing his or her own personal views. However, staff shall not
assist in any legislative activity of an individual Council member, including the
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preparation of legislative correspondence, unless the legislative item has
appeared on a Council agenda and has received a majority vote of the Council.
The League of California Cities’ “Legislative Bulletin” and any appropriate
publication that summarizes legislation shall be provided as part of the City
Manager’s Weekly Administrative Report to each member of the Council for
review.
In the event that a position on certain legislation is desired, but adequate time is
not available to place an item on an upcoming City Council agenda, the City
Manager may contact individual Council members to poll their position. If the
majority desire to take a position, the appropriate correspondence shall be
submitted by the City Manager to the relevant Federal, State, County and/or
regional legislative representative(s) expressing the position of the City, and copies
provided to the City Council. The City Council shall ratify the City Manager’s letter
at the next available meeting.
BACKGROUND:
The City Council initially adopted a policy for Council involvement in Federal and
State legislative advocacy in 1995. Although the policy seems to have worked
adequately over the first seven years, by 2002 it was thought that it did not allow
the City to respond rapidly to requests to support or oppose legislation that may
be before a committee or on the floor or the Assembly or before Congress and
needs immediate action on the part of supporters or opponents. Therefore, the
policy was amended in 2002 to address these perceived deficiencies. In 2014, the
policy was amended again to revise the procedure for monitoring legislation, and
to explicitly include legislative issues at the County and regional level.
The City Council’s revised legislative policy establishes an internal process for
identifying, tracking and advocating its position on pending legislation
synchronized to the fast-paced “legislation time clock.” Through this proactive
policy, the City Council hopes to have a stronger “voice” in the Peninsula/South
Bay region, Los Angeles County, Sacramento and Washington, DC.
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CITY COUNCIL POLICY
NUMBER: 30
DATE ADOPTED/AMENDED: 12/17/96 (Amended 07/02/02 and 04/20/2021)
SUBJECT: Covenants to Maintain Property to Protect Views
POLICY:
It shall be the policy of the City Council that the City will not enforce any
“Covenant to Maintain Property to Protect Views” that has been submitted to the
City and recorded by the L.A. County Recorders Office. It shall also be the policy
of the City Council that recorded “Covenants to Maintain Property to Protect
Views” may be removed by the City, on a case-by-case basis, provided that all of
the following requirements can be met for each individual request of removal:
1) A written request is submitted to the City requesting that a covenant be
removed. The written request must be signed by all individuals who own
title to the property that is subject to the covenant.
2) A Trust Deposit fee is submitted to cover the cost of processing the
covenant removal request. The amount of the Trust Deposit shall be
determined by City Staff and shall be sufficient to cover the cost of staff’s
analysis of the request and the cost of preparing and recording a “Notice
of Termination of Covenant” with the County Recorders Office.
3) The covenant that is the subject of the removal request was recorded in
lieu of Staff performing a foliage analysis of the applicant’s property as a
result of an over-the-counter approval pursuant to the “Removal of Foliage
as Condition of Permit Issuance” provisions of the View Ordinance
(Development Code Section 17.02.040). This removal process shall not
apply to covenants that were recorded as a result of a condition of
approval of a discretionary decision made by the City through a public
hearing.
4) Based on a foliage analysis performed by Staff it is determined that no
significant view impairing foliage, which exceeds sixteen (16) feet or the
ridgeline, whichever is lower, exists on the property. If significant view
impairing foliage exits, it shall be removed and/or trimmed, as directed by
City Staff, prior to the removal of the covenant.
5) If requirements Nos. 1 through 4 are met, a “Notice of Termination of
Covenant” is prepared and executed by the Director of Planning, Building
and Code EnforcementCommunity Development and City Clerk, which
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City Council Policy No. 30
View Covenants
Page 2
contains the notarized signatures of all the individuals who own title to the
property that is subject to the covenant, and is recorded by the County
Recorders Office.
Any action to remove a covenant will not preclude any other property owners
from filing a View Restoration or View Preservation application against the
property that is subject to the covenant removal.
BACKGROUND:
Upon adoption of the City’s Height Variation Permit Guidelines and View
Restoration Permit Guidelines on December 3, 1996, the City Council directed
that the above policy regarding the enforcement of “view covenants” be enacted.
On December 12, 2001, the City Council considered an individual property
owner’s request for the City to abandon the view covenant that had been
recorded against his property. At that time, the City Council agreed to remove
the covenant and establish a procedure for dealing with future requests by
property owners to remove view covenants on a case-by-case basis. Therefore,
City Council Policy No. 30 was amended on July 2, 2002 to establish such a
procedure.
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CITY COUNCIL POLICY
NUMBER: 31
DATE ADOPTED/AMENDED: 04/16/96 (Amended 01/21/97, 04/18/00,
12/20/16, and 04/04/17, and 04/20/21)
SUBJECT: Encroachments into the Public Right-of-Way
POLICY:
It shall be the policy of the City Council to follow the procedures outlined in the
attached Policy Statement for encroachments in the public right-of-way, as adopted
on April 16, 1996, revised on January 21, 1997, April 18, 2000, December 20, 2016,
and April 4, 2017.
BACKGROUND:
On April 19, 1996, the City Council reviewed and approved an update of the City
policy pertaining to encroachments of structures in the public right-of-way. The
changes consisted of augmentation of the then current policy which was approved
by the City Council on May 15, 1984, with language pertaining to the encroachment
of tract entrance observation structures into the public right-of- way. The City
Council has directed that this policy relating to encroachments into the public right-
of-way be placed into the City Council Policy Manual.
Amendments were made on April 18, 2000, to streamline the review process for
certain types of encroachments into the right-of-way, especially for unpermitted
structures for which legalization is sought.
Amendments were made on December 20, 2016 and April 4, 2017, to exempt security
cameras owned by Homeowner Associations for public safety purposes provided that
the location was approved by the Public Works and Community Development
Departments. Additionally, certain sections were updated to be consistent with the
City’s Municipal Code, along with wording amendments for clarification purposes.
Amendments were made on April 20, 2021 to allow security cameras and poles
owned by Homeowner Associations for public safety purposes be installed within the
required private setbacks on private property where it is not feasible to install in the
public right-of-way without being subject to the height limit of 42”. Additionally,
language was added clarifying that public safety cameras owned by neighborhoods
without a formal Homeowner Association may also be covered by this policy.
Attachment: April 16, 1996 Policy Statement for Encroachments into the Public
Right-of-Way (Revised January 21, 1997, April 18, 2000, December 20, 2016, and
April 4, 2017, and April 20, 2021)
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Page2of1201203.0005/352406.1
POLICY STATEMENT FOR
IN THE PUBLIC RIGHT-OF-WAY ADOPTED APRIL 16, 1996 AND
REVISED ON APRIL 4, 2017.
The City Council approved this policy at its April 16, 1996, meeting, and amended it on
January 21, 1997, April 18, 2000, December 20, 2016, and April 4, 2017. It should be noted
that this policy replaces and supersedes the one adopted by the City Council on May 15,
1984.
The City may permit encroachments of walls, fences, pilasters, observation booths, security
cameras and/or similar structures on an individual basis, based on the following criteria:
I. FENCES, WALLS, PILASTERS, AND OTHER SIMILAR STRUCTURES IN THE
RIGHT-OF-WAY
1) All requests for construction of fences, walls, pilasters, and other similar structures that
are to encroach into the public right-of-way shall be submitted to the Community
Development Department, and shall include the following materials:
a) A letter from the applicant and/or adjacent property owner(s) describing the
proposed encroachment request and the reason for the request.
b) A processing fee as established by Resolution of the City Council.
c) Five (5) hard copies and an electronic copy of plans which clearly show the following:
i) A site plan which shows the accurate lot dimensions, property lines, location
and dimension of the adjacent public right-of-way, and the location of all
easements, if applicable.
ii) A site plan indicating the location and dimensions of all existing and/or proposed
encroachments (i.e walls, fences, pilasters, or other similar structures) , as well
as the distance of the proposed encroachments from the adjacent property
lines.
iii) Section and/or elevation drawings representing the total height of the proposed
project, as measured from both the highest and lowest existing adjacent grade.
d) Documentation to the satisfaction of the Director of Public Works that demonstrates
the location of the proposed encroachment relative to the edge of the public right-
of-way.
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e) For encroachments to be reviewed by the Planning Commission, two copies of a
"vicinity map", prepared to scale, which shows all properties located within the tract
for which the proposed observation booth will serve, as well as all properties located
within 500 feet of the tract boundaries. All lots shown on the "vicinity map" shall be
numbered consecutively, beginning with the number "one". The "vicinity map" must
be prepared exactly as described in the attached instruction sheet.
f) For encroachments to be reviewed by the Planning Commission, two (2) sets of self-
adhesive mailing labels and one (1) photocopy of the labels which list the property
owner of each parcel which falls within the boundaries shown on the "vicinity map".
The name and address of every property owner (including the applicant) and the
local Homeowners Association (if any), must be typed on 8-1/2 X 11 sheets of self-
adhesive labels (33 labels per sheet). The labels shall be keyed to the consecutive
numbers shown on the "vicinity map" as described above. The property owners’
mailing list must be prepared exactly as described in the attached instruction sheet.
2) Fences, walls, pilasters, and other similar structures which meet the following criteria
shall be subject to review and approval by the Director of Community Development:
a) Encroachments extending less than 6-feet into the public right-of-way (Note that it
is the applicant’s responsibility to demonstrate the location of the proposed
encroachment to the Director of Public Works’ satisfaction, which may entail
preparation of a survey for some projects);
b) Encroachments, such as individual pilasters or similar structures, having a base
width that is no more than 24 inches on each side;
c) Encroachments whose total height, including any decorative features, does not
exceed 72 inches, unless located adjacent to the front property line, in which case
the total height does not exceed 42 inches. The main structure (excluding
decorative features) shall not exceed 60 inches, unless it is located within an
Intersection Visibility Triangle as determined by the Director of Public Works, in
which case the overall height including any decorative features may not exceed 30
inches;
i) If the decorative features are lanterns, light fixtures, or some other kind of light
source, then the property owner must demonstrate that adequate screening
and shielding is provided to ensure that there is no direct or indirect illumination
of another property other than where the light source is located, that there is no
adverse traffic/pedestrian impact, and that all conditions of residential outdoor
lighting pursuant to Municipal Code Section 17.56.030 are met.
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Page4of1201203.0005/352406.1
The Director’s decision shall be appealable pursuant to the Appeal procedures of Chapter
17.80 of the Rancho Palos Verdes Municipal Code (RPVMC).
3) Fences, walls, pilasters, and other similar structures which meet the following criteria
shall be subject to review and approval by the Planning Commission at a duly noticed
public hearing pursuant to Section 17.80.090 of the RPVMC.
a) Encroachments extending more than 6-feet into the public right-of-way (Note that
it is the applicant’s responsibility to demonstrate the location of the structure to the
Director of Public Works’ satisfaction which may entail preparation of a survey for
some projects);
b) Encroachments, such as individual pilasters and other similar structures, having a
base width that exceeds 24 inches on each side;
c) Encroachments with a decorative features at a combined height that is greater than
72 inches, or encroachments without decorative features at a height that exceeds
60 inches.
d) Encroachments serving as bases for decorative features (i.e. statuary) that are
more than 60 inches in height, and/or the combined height of a decorative feature
and its base that is greater than 72 inches.
e) Encroachments that are decorative features (i.e. fountains) measuring more than
18 inches in height;
f) Encroachments including decorative features or decorative features/bases with a
combined height measuring greater than 30 inches within an Intersection Visibility
Triangle.
The Planning Commission may refer a request to the Traffic Safety Committee for
recommendation, if traffic safety is involved. The Planning Commission may grant the
encroachment, subject to the conditions stated below in Section 5, and any other conditions
which the Commission may impose, or deny the encroachment if it fails to meet the criteria
stated below in Sections 3 and 4. The Planning Commission decision may be appealed to
the City Council, pursuant to the appeal procedures of Chapter 17.80 of the RPVMC.
4) In granting an Encroachment Permit, the Director of Community Development or the
Planning Commission must find the following:
a) The encroachment is not detrimental to the public health/safety, and that the Public
Works Director has made a written determination that the encroachment does not
pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
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Page5of1201203.0005/352406.1
other requirements for issuance of a Public Works Department encroachment
permit are met. The Community Development Department review shall be
concurrent with the Public Works Department review to the greatest degree
possible.
b) The encroaching structure cannot be reconfigured or relocated due to practical
difficulties or unnecessary hardship, including economic hardship, so as to either:
i) locate the structure on the applicant’s property in accordance with provisions of
the Municipal Code; or,
ii) adhere to the criteria set forth for an encroachment requiring Director-level
review .
c) The encroaching structure is not inconsistent with the general intent of the
Development Code.
d) Illuminating features of the encroachment, such a light fixtures, are designed and
configured in a manner that minimizes impacts to neighboring properties or
vehicular traffic, and prevents direct or indirect illumination of a property other than
the applicant’s, as determined by the Director of Community Development.
e) The encroachment does not significantly impair a protected view from any
surrounding property.
5) Approval of an Encroachment Permit shall be subject to the following conditions, and
any other appropriate conditions necessary to protect the public health, safety, and
welfare:
a) Prior to construction of the encroachment, the owner shall submit to the City an
"Indemnification and Hold Harmless" agreement for recordation, to the satisfaction
of the City Attorney.
b) Prior to construction of the encroachment , the owner shall submit to the City a Use
Restriction Covenant for recordation, agreeing to remove the encroachment within
ten (10) days of notice given by the Director of Public Works, except in case of an
emergency where less notice may be required. The owner shall also acknowledge
that failure to remove the encroachment within the specified time will result in
removal of the structure by the City, and that the owner shall be billed by the City
for the costs of removal of the encroaching structure.
c) Prior to construction of the encroachment, the owner shall obtain an Encroachment
Permit from the Department of Public Works and, if applicable, permits from the
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Page6of1201203.0005/352406.1
Building and Safety Division. The owner shall be responsible for any fees
associated with the issuance of said permit(s).
d) The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
e) Prior to construction of the encroachment, the applicant shall submit to the City a
covenant, subject to the satisfaction of the City Attorney, which records these
requirements as conditions running with the land, and binding all future owners of
the property which is benefited by the encroachment (i.e., underlying right-of- way,
adjacent property, or common area owned by a homeowners association, if any),
until such time as the encroaching structure is removed from the right-of-way.
f) The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission, Traffic Safety Committee, or Traffic
Engineer.
II. OBSERVATION BOOTHS AND SIMILAR STRUCTURES WITHIN THE PUBLIC
RIGHT-OF-WAY
1) All requests for construction of observation booths or similar structures within the public
right-of-way are to be submitted to the Community Development Department, and shall
include the following materials.
a) A letter from the applicant and/or adjacent property owner(s) describing the
proposed encroachment request and the reason for the request.
b) Any application for construction of an observation booth or similar structure, shall
first be approved by the local Homeowners Association, if any, in accordance with
the recorded CC & R's for the Homeowners Association.
c) The applicant shall be responsible for all costs associated with the application. A
minimum Trust Deposit of $1,000 shall be established to cover costs associated
with the application. Additional deposits may be required if the costs for processing
the application exceed the minimum required deposit.
d) Five (5) copies and an electronic copy of plans which clearly show the following:
i) A site plan which shows the accurate lot dimensions, property lines, location
and dimension of the adjacent public right-of-way, and the location of all
easements, if applicable.
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ii) A site plan indicating the location and dimensions of all existing and/or proposed
observation booths or similar structures, as well as the distance of all existing
and/or proposed encroachments from the adjacent property lines.
iii) Section and/or elevation drawings representing the total height of the proposed
project, as measured from both the highest and lowest existing adjacent grades.
e) Two copies of a "vicinity map", prepared to scale, which shows all properties located
within the tract for which the proposed observation booth will serve, as well as all
properties located within 500 feet of the tract boundaries. All lots shown on the
"vicinity map" shall be numbered consecutively, beginning with the number "one".
The "vicinity map" must be prepared exactly as described in the attached instruction
sheet.
f) Two (2) sets of self-adhesive mailing labels and one (1) photocopy of the labels
which list the property owner of each parcel which falls within the boundaries shown
on the "vicinity map". The name and address of every property owner (including
the applicant) and the local Homeowners Association (if any), must be typed on 8-
1/2 X 11 sheets of self-adhesive labels (33 labels per sheet). The labels shall be
keyed to the consecutive numbers shown on the "vicinity map" as described above.
The property owners’ mailing list must be prepared exactly as described in the
attached instruction sheet.
2) All requests shall be subject to review first by the Traffic Safety Committee and then by
the Planning Commission. Both the Traffic Safety Committee and Planning Commission
meetings shall be duly-noticed public hearing pursuant to Section 17.80.090 of the
RPVMC. Upon a favorable recommendation by the Traffic Committee, the Planning
Commission shall grant the encroachment, subject to the conditions stated below in
Section 16, or deny the encroachment if it fails to meet the criteria stated below in
Sections 3 through 15, inclusive. The Planning Commission decision may be appealed
to the City Council, within fifteen (15) calendar days following the Commission's
decision.
3) In granting an Encroachment Permit for an observation booth or similar structure, the
Planning Commission must find that each of the following conditions exist:
a) The encroachment is in the best interest of the City.
b) The encroachment is not detrimental to the public health and safety.
c) There is no alternative location on private property to accommodate the proposed
improvements without encroaching into the City's right-of-way.
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d) The encroachment has been designed in the safest manner possible.
e) The encroachment does not significantly impair the view from the viewing area of
any private property as defined in the City's Development Code, nor from an area
designated by the General Plan or Coastal Specific Plan to be protected.
4) The maximum height limit of observation booths or similar structures located within the
public right-of-way shall not exceed twelve (12) feet.
5) The observation booth or similar structure shall not exceed a maximum of 120 square
feet in area.
6) For structures which are attended by an operator, restroom facilities shall be provided
within the observation booth.
7) All necessary utilities (i.e., cable, electric) shall be located underground.
8) All minimum sight distances and turning radii shall be maintained, subject to review and
approval by the City's Traffic Safety Committee and engineering consultant.
9) All observation booths or similar structures shall be located on a separate, curbed, and
landscaped median.
10) No portion of any eave and/or overhang shall extend beyond the edge of the curb of the
landscape median, or into any travel lanes. The structure shall be designed to maintain
appropriate lateral and overhead clearance to ensure that large and/or high profile
vehicles or trucks will not hit the overhangs on the building.
11) Protective bollards shall be installed at each corner of the structure to reduce the
potential for accidental damage caused by vehicles.
12) The observation booth or similar structure shall be compatible with the character and
architectural styles of surrounding residences.
13) Directional signage only shall be permitted in association with construction of the
observation booth or similar structure. Installation of any signs shall be subject to
separate review and approval of a Sign Permit. Installation of signs with changeable
copy intended to provide general information regarding upcoming events, meetings,
etc., shall not be permitted within the public right-of-way.
14) Any proposed exterior lighting shall be located on the facade of the building, at a
maximum height of ten (10) feet. All exterior lighting shall be shielded and directed
downwards to prevent direct illumination of or towards surrounding properties.
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15) Ingress/Egress vehicle lanes shall be a minimum of eighteen (18) feet wide at the
Observation Booth to allow vehicles to pass a stopped vehicle. Wider travel lanes may
be required at the discretion of the City.
16) Approval of an Encroachment Permit shall be subject to the following conditions:
a) The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission, Traffic Safety Committee, or Traffic
Engineer.
b) Prior to construction of the observation booth or similar structure, the owner shall
submit to the City a "Hold Harmless" agreement for recordation, to the satisfaction
of the City Attorney.
Prior to construction of the observation booth or similar structure, the owner shall
submit to the City a Use Restriction Covenant for recordation, agreeing to remove
the encroachment within sixty (60) days of notice given by the Director of Public
Works, except in case of an emergency where less notice may be required. The
owner shall also acknowledge that failure to remove the encroachment within the
specified time will result in removal of the structure by the City, and that the owner
shall be billed by the City for the costs of removal of the encroaching structure.
c) Prior to construction of the observation booth or similar structure, the owner shall
obtain a minimum of one million (1,000,000) dollars liability insurance, naming the
City as an additional insured, subject to review and acceptance by the City Attorney.
Proof of said insurance shall be provided to the City annually.
d) Prior to construction of the observation booth or similar structure, the owner shall
obtain an Encroachment Permit from the Department of Public Works. The owner
shall be responsible for any fees associated with the issuance of said permit.
e) The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
f) Prior to construction of the encroachment, the applicant shall submit to the City a
covenant, subject to the satisfaction of the City Attorney, which records these
requirements as conditions running with the land, and binding all future owners of
the property which is benefited by the encroachment (i.e., underlying right-of-way,
adjacent property, or common area owned by a homeowners association, if any),
until such time as the encroaching structure is removed from the right-of-way.
g) No person and/or vehicle shall be required to present identification nor otherwise
be restricted, prohibited, or denied access to any public right-of- way, including but
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01203.0005/352406.1
not limited to streets, sidewalks, parks, and/or public trails as a result of construction
of any attended or unattended observation booth or similar structure.
h) Prior to construction of the encroachment, the owner and/or applicant shall submit
to the City a Covenant agreeing to assume all responsibility for maintenance and
upkeep of the structure.
III. HOMEOWNER ASSOCIATION SECURITY CAMERAS IN THE RIGHT-OF-WAY
1) All requests for construction of homeowners’ association or neighborhood security
cameras in the public right-of-way shall be submitted to the Community Development
Department, and shall include the following materials.
a) A letter from the applicant (i.e., homeowners’ association) and/or adjacent property
owner(s) describing the proposed encroachment request and the reason for the
request.
b) Documentation to the satisfaction of the Director of Public Works that demonstrates
the location of the structure relative to the edge of the public right-of-way.
c) All fees associated with an Encroachment Permit for homeowners’ association
security cameras shall be waived.
2) The Public Works, Community Development, and Sheriff’s Departments will meet with
the applicant to assess the proposed location and to determine whether there is a more
suitable location.
3) Security cameras owned by homeowners’ associations shall be exempted from the base
size and height limitations described elsewhere in this Policy, with the approval of the
Director of Public Works and the Director of Community Development.
4) In granting an Encroachment Permit for homeowners’ association security cameras, the
Director of Community Development must find the following:
a. The encroachment is not detrimental to the public health/safety, and that the Public
Works Director has made a written determination that the encroachment does not
pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
other requirements for issuance of a Public Works Department encroachment
permit are met. The Community Development Department review shall be
concurrent with the Public Works Department review to the greatest degree
possible.
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01203.0005/352406.1
b. The encroaching structure cannot be reconfigured or relocated due to practical
difficulties or unnecessary hardship, including economic hardship, so as to either:
i. locate the structure on the applicant’s property in accordance with provisions of
the Municipal Code; or,
ii. adhere to the criteria set forth for an encroachment requiring Director-level
review.
c. The encroaching structure is not inconsistent with the general intent of the
Development Code.
d. Illuminating elements associated with and a part of the proposed security camera
are configured in a manner that minimizes impacts to neighboring properties or
vehicular traffic, and prevents direct or indirect illumination of a property other than
the public right-of-way intended to be illuminated in order to enhance the night time
use of the security camera, as determined by the Director of Community
Development.
e. The encroaching structure does not significantly impair a protected view from any
surrounding property.
5) Approval of an Encroachment Permit for homeowners’ association security cameras
shall be subject to the following conditions, and any other appropriate conditions
necessary to protect the public health, safety, and welfare:
a. Prior to construction of the encroaching structure, the owner shall submit to the City
an "Indemnification and Hold Harmless" agreement for recordation, to the
satisfaction of the City Attorney.
b. Prior to construction of the encroaching structure, the owner shall submit to the City
a License Agreement agreeing to remove the encroachment within ten (10) days
of notice given by the Director of Public Works, except in case of an emergency
where less notice may be required. The owner shall also acknowledge that failure
to remove the encroachment within the specified time will result in removal of the
structure by the City, and that the owner shall be billed by the City for the costs of
removal of the encroaching structure.
c. Prior to issuance of the Encroachment Permit, the applicant shall comply with all
City recommendations and requirements.
d. The applicant for the proposed encroaching structure, post, fence and/or wall, shall
obtain an Encroachment Permit from the Department of Public Works and, if
applicable, any permit from Building and Safety. .
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01203.0005/352406.1
e. The encroachment shall be constructed and installed in accordance with the
approved plans, and the applicant shall comply with all conditions and requirements
that are imposed on the Encroachment Permit.
e.
6) If it is determined that no suitable location in the public right-of-way will allow for proper
operation of the security cameras, security cameras owned by homeowners’
associations or neighborhood groups shall be permitted to locate the security camera
within the required setbacks on private property without being subject to the base size
and height requirements outlined in Section 17.48.030(5)(C) of the Municipal Code.
a. Prior to issuance of approval, the applicant shall comply with all City
recommendations and requirements.
b. The applicant for the proposed structure shall obtain approval from the Public Works
and Community Development Departments and, if applicable, any permit from
Building and Safety.
7)c. The structure shall be constructed and installed in accordance with the
approved plans, and the applicant shall comply with all conditions and requirements
that may be imposed.
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CITY COUNCIL POLICY
NUMBER: 32
DATE ADOPTED/AMENDED: 03/04/97 (amended 04/20/2021)
SUBJECT: Waiver of Community Development Department of Planning,
Building and Code Enforcement Fees under Certain
Circumstances.
POLICY:
It shall be the policy of the City Council that non-profit corporations that are
registered with the Secretary of State and which are located or conduct business
in the City of Rancho Palos Verdes, or provide services available to City
residents, shall, upon submittal of reasonable proof as to non-profit status, be
exempt from the requirement for payment of fees associated with processing
certain planning applications. This exemption shall apply only to the following
types of applications, not including any applicable penalty fees:
Temporary Sign Permits
Special Use Permits
Sign Permits
Site Plan Review (Only where no new expansion of building space or lot
coverage is proposed)
Nothing in this policy shall be construed as waiving the requirements for
submittal and review of the required applications and associated information.
This policy shall not apply to fees for geologic review, building permits or plan
check services.
It shall be the policy of the City Council to waive penalty fees only in the event
that unique or extraordinary circumstances exist related to the subject
application, which do not generally apply to other applications subject to the
penalty fee. This policy shall be applicable to all applications including non-profit
corporations. Requests for waiver of penalty fees shall be determined by the City
Council.
BACKGROUND:
The City Council has determined that non-profit organizations which are located
or conduct business in, or provide services available to the residents of, the City
of Rancho Palos Verdes are providing a service to residents of the City which
otherwise would not be available. As a result of providing a public service, the
City Council has determined that application fees for minor applications
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undertaken by such organizations are eligible for waiver of the standard fee
requirement, and that such processing costs shall be paid from the General
Fund.
The City Council has also determined that penalty fees shall not be waived,
unless unique and extraordinary circumstances apply to the application in
question.
This policy shall not be interpreted to preclude the City Council from considering
and/or granting fee waiver requests for applications which are not subject to this
policy pursuant to the Rancho Palos Verdes Municipal Code.
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CITY COUNCIL POLICY
NUMBER: 33
DATE ADOPTED/AMENDED: 05/06/97
SUBJECT: General Plan Amendment Initiation Request Procedure
POLICY:
It shall be the policy of the City Council that the General Plan Amendment Initiation
Request (GPAIR) process shall be an optional process to be followed at the
discretion of an applicant. In the event that an optional General Plan Amendment
Initiation Request (GPAIR) application is filed, the following requirements shall be
adhered to:
1. The applicant shall submit the required application, associated information,
materials, and fees.
2. Notification of the pending City Council consideration of the request shall
be provided to all owners of properties within 500 feet of the subject
property, as well as all Homeowners Associations for properties within 500
feet of the subject property. The notice shall be provided a minimum of
fifteen (15) days prior to the date of the City Council meeting at which the
item will be considered.
3. Notification of the Council consideration of the request shall be published in
an adjudicated newspaper of general circulation a minimum of fifteen (15)
days prior to the date of the City Council meeting at which the item will be
considered.
4. Decisions on any GPAIR shall be tentative and advisory only, and shall not
be construed as any form of obligation that the City Council will grant or
deny an ensuing General Plan Amendment (GPA) application.
5. GPAIR applications shall be accepted and processed at any time during the
calendar year.
Nothing in this policy requires that any applicant file a GPAIR, and any person or
entity may submit a GPA application for consideration by the Council regardless
of whether a GPAIR has been filed and/or acted on by the Council. In the event
that the Council denies a GPAIR, the applicant shall be entitled to apply for a GPA
at the applicant's discretion.
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Nothing in this policy shall preclude the City Council from directing staff to
commence any General Plan Amendment with or without a related General Plan
Amendment Initiation Request, and this Policy shall supersede the January 6,
1976, minute order previously establishing the General Plan Amendment process.
In the event that a Pre-screening Workshop is held for a particular project, the
project applicant shall not have the option of filing a GPAIR since the GPAIR
process is substantially the same as that of the Pre-screening Workshop. In the
case that a Pre-screening Workshop has been held and a GPA is necessary, the
project applicant shall proceed directly with the GPA application.
It shall also be the policy of the City Council to generally approve resolutions
amending the General Plan three times per year, during the months of April,
August, and December, to ensure that the maximum number of amendments
allowed each year, four (4), is not exceeded in a given year. To achieve that goal,
one or more applications to amend the General Plan may be combined into a single
Resolution of approval. This policy is only a guideline, and the Council, at its
discretion, may approve resolutions amending the General Plan at any time, so
long as the maximum number does not exceed four (4) in any given calendar year.
BACKGROUND:
The original General Plan Amendment process, as established by the City Council
on January 6, 1976, included a requirement for an Initiation Request prior to
proceeding with an actual GPA. In the past this process was effective in conveying
the general disposition of the Council, given the nature of the specific request. The
process as it relates to the current issues in the City creates concerns with respect
to lack of public notice, lack of detailed information for Council consideration in
conjunction with such requests, that requests are accepted and processed only
twice per year, and that the applicants should have the ability to apply directly for
a GPA without first going through the GPAIR process. A benefit of the original
process is that the applicant can, with a low fee, gauge the Council's outlook on a
particular proposal without preparation of detailed studies as would be required for
a GPA.
On May 6, 1997, The the City Council has determined that a required GPAIR
process is not necessary. However, an optional GPAIR process is beneficial to
applicants and the public. In order to ensure that the community is aware of any
requested change in the General Plan, notification as stipulated above shall be
provided for all GPAIR applications. Council determinations on such applications
will be advisory in nature, and the applicant can thereafter proceed with a GPA
proposal as desired.
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CITY COUNCIL POLICY
NUMBER: 34
DATE ADOPTED: 09/04/01 (Amended 10/18/16 and 4/20/21)
SUBJECT: Border Issues
POLICY:
It shall be the policy of the City Council that it shall be briefed from time- to- time,
but not less than twice biannually, regarding “Border Issues” that have the potential
to adversely impact residents of the City of Rancho Palos Verdes. “Border Issues”
consist of individual projects that are likely to have direct impacts on City residents
on their own, as well as projects that, together with other projects, could create
cumulative impacts to City residents. The procedure for addressing such issues
shall be as follows:
1) When City Staff receives notices or other information regarding proposed
projects that are located outside of the City’s borders but with the potential to
impact City residents, City Staff shall report such information to the City Council
as described in Section No. 3 below. Such proposed projects shall include, but
not be limited to, proposed land use development projects, events, or special
uses in the neighboring cities and communities of Rolling Hills, Rolling Hills
Estates, Palos Verdes Estates, San Pedro, Lomita and unincorporated Los
Angeles County.
2) Reports to the City Council on any such “Border Issue” proposed project shall
include a description of the proposed project and the current status of the
proposed project.
3) Updates on Border Issues shall be provided to the City Council from time- to-
time via the City Manager’s Weekly Administrative Report, and at least bitwice
annually as an item on a City Council meeting agenda. These updates shall
also be provided to the general public and interested parties via the City’s
Border Issues Status Report listserv and on the Border Issues Status Report
page (http://www.rpvca.gov/781/Border-Issues-Status-Report) on the City’s
website.
4) Upon receipt of notices or other information regarding potential Border Issues,
Staff may take one or any combination of the following actions:
A) Determine that no potential impacts would result to City residents and
take no further action regarding the item;
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City Council Policy No. 34
Border Issues
Page 2
B) Determine that potential impacts may result to City residents and
coordinate with other City departments to identify what these impacts
are, and to provide comments to the public agency, project proponent
and/or property owner regarding these impacts and Staff’s
recommendations to address them; or,.
B)
C) Determine that significant adverse impacts may result to City residents
and present the Border Issue to the City Council to possibly establish a
City position on the proposed project and give specific direction to Staff.
5) Unless otherwise directed by the City Council, Staff will have the ability to take
one or more of the following actions:
A) Respond to any CEQA notices;:
B) Attend any public hearings, workshops or any other informational
meetings on the proposed project; or,
C) Meet with representatives of the lead agency proposing the project.
6) Projects shall remain on the status report until the items are deemed closed.
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CITY COUNCIL POLICY
NUMBER: 35
DATE ADOPTED/AMENDED: 10/16/01 (amended 04/20/2021)
SUBJECT: City Council Disclosure of Communications
________________________________________________________________
POLICY:
It shall be the policy of the City Council that :
eEach Member of the City Council or Planning Commission shall publicly disclose
at a regular, adjourned regular, or special City Council meeting(s) under “City
Council Reports,” any communications between the Councilmember or
Commissioner and any person regarding an actual or potential development
proposal that the Councilmember at his or her discretion feels is sufficiently
important to bring to the attention of the entire City Council, Planning Commission,
or and the public. Such report shall be included noted in the City Councilaction
minutes of each legislative body.
BACKGROUND:
At the October 2, 2001 Council meeting, Councilmember Stern presented a
recommendation for the City Council’s consideration regarding adoption of a policy
for disclosure of certain communications. He suggested that the policy apply to
City Councilmembers and Planning Commissioners and require them to “publicly
disclose in writing to the City Clerk the existence of all communications between
such person and a major landowner or major developer of real property within the
City, which communication relates to such real property.” His report offered
definitions of “major developer” and “major landowner” and described the extent of
disclosure he recommended.
The City Council determined that a disclosure policy was appropriate, but that strict
definition of terms such as “communications related to real property” was difficult,
if not impossible, to implement. Therefore, a policy giving each Councilmember
the discretion to determine whether or not a communication was relevant and
significant was approved.
It should be noted that thisThis policy is not intended to supercede the obligation
of Councilmembers or Commissioners to protect the due process rights of all
participants at a public hearing on a development application by ensuring that the
record of the public hearing contains any evidence or issues that were brought to
the attention of a Councilmember outside of the duly noticed public hearings and
are not otherwise part of the hearing record, which would affect the
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Councilmember’s determination. In the event that a Councilmember or
Commissioner elects to physically view or inspect real property that is or may be
the subject of Council or Commission discretionary action, such site visit shall be
disclosed during the public hearing involving such real property.
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CITY COUNCIL POLICY
NUMBER: 36
DATE ADOPTED/AMENDED: 03/19/02
SUBJECT: Policy against Workplace Violence
POLICY:
The City of Rancho Palos Verdes has adopted a policy prohibiting violence in the
workplace. The Policy has been adopted as Rule XIV of the Competitive Service
Employee Personnel Rules and Rule X of the Management Employee Personnel
Rules. The Policy is summarized below.
The City is committed to providing a safe work environment that is free of
violence or the threat of violence. The City strictly prohibits employees, non-
employees, appointed officials and City Council members, while on City premises
or engaged in City-related activities, from behaving in a violent or threatening
manner. The Policy sets forth definitions of what actions constitute workplace
violence and requires any employee who witnesses or becomes aware of on
instance of workplace violence, or who is a victim of such violence, to notify their
immediate supervisor. The Policy sets forth the actions the City shall take to
investigate all complaints or allegations of workplace violence.
If the City determines that this Policy has been violated, appropriate corrective
action will be taken. Corrective action involving an employee may include
discipline of the employee, up to and including termination. If the violent
behavior involves a non-employee, the City will take action in an effort to prevent
future occurrences. Corrective action involving commissions, committee
members or volunteers may include severing their relationship with the City.
Corrective action involving City Council members may include censure by the
City Council. Action may be taken under this Policy in addition to any available
civil or criminal action.
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CITY COUNCIL POLICY
NUMBER: 37
DATE ADOPTED/AMENDED: 01/07/03 (Amended 9/15/09, 12/20/11, and
4/20/21)
SUBJECT: Naming of Public Facilities and Placing of Monuments and Other
Memorials
________________________________________________________________
POLICY:
I. City Facilities
It shall be the policy of the City Council to name City facilities in the following
manner:
General
The policy of the City is to name facilities in a manner that will provide an
easy and recognizable reference to the City’s residents and visitors.
Geographic Location
Whenever possible, City facilities will be named for their geographic
location. The geographic location may be based on the identification of
the facility with a specific place, neighborhood, street, topographic or other
natural feature, such as a drainage course, tree or plant species, or
historical precedent.
Individual/Organizational Recognition
The naming of City facilities in honor of individuals or community
organizations will be a rare event, and will be considered under the
following conditions:
1. The individual, a family or a community organization has made
exceptional contributions to the City, including one or more of the
following: a) financial gifts, b) public service as an elected official, c)
public service as a community volunteer, or d) long term
sponsorship agreements.
2. There should be a well-defined connection between the
contributions of the individual or community organization and the
City facility.
3. The significance of the contribution from the individual/organization
needs to be evaluated in relation to the impact of the City facility.
Individuals and organizations that have made contributions of
regional or community-wide significance may be considered for
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City Council Policy No. 37 for Naming Public Facilities
Last Amendment: December 20, 2011
Page 2 of 5
naming of facilities that serve the entire City. Individuals and
organizations that have made significant contributions to a
particular area or neighborhood may be considered for the naming
of facilities that serve these areas or neighborhoods within the City,
including recreational and other amenities within City parks.
4. When considering naming a City facility after an individual, a period
of at least three (3) years shall have passed following the death of
such person to allow perspective and an appropriate period of
reflection.
5. Only a current Mayor or City Council Mmember may nominate an
individual to have a City facility named in his or her honor, and the
determination will be made by the City Council.
City policy does not preclude additional opportunities for recognition that
may be created in the future. For instance, the Point Vicente Interpretive
Center is planned to include exhibits that may be funded by individual or
corporate donations. Recognition of such donations may include a donor
wall within the Interpretive Center, or recognition of a contributor’s
sponsorship of a specific exhibit.
II. Monuments and Other Memorials
It shall be the policy of the City Council to allow the placing of monuments and
other memorials on City properties under the following guidelines:
Monuments
Monuments in honor or in memory of persons may be permitted, in
rare cases, on City property with permission of the City Council under
the following conditions:
1. The person memorialized is closely associated with the area where
the monument will be located. The person memorialized is known
to, and revered, by a significant number of City residents.
2. The monument design is discreet and unobtrusive and designed to
blend into the surrounding area. A small plaque on a large rock (4
cubic feet) would be appropriate. The location of the monument
will be determined by City staff with approval of the City Council.
3. Costs of design, installation and maintenance of the monument will
be determined by the City and borne by the requestor at the
discretion of the City. Only City personnel or City contractors may
perform work on City property.
4. The monument is only a marker and is not a place of worship, a
cemetery or official gathering place. Flowers, and other
memorabilia are not permitted and will be removed by
maintenance personnel.
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City Council Policy No. 37 for Naming Public Facilities
Last Amendment: December 20, 2011
Page 3 of 5
5. The City is not responsible for damage or deterioration of the
monument and may remove it at any time for any reason with
permission of the City Council.
Benches or Trees
Benches or trees in honor or in memory of deceased persons may be
placed in City parks, or other City spaces, at the discretion of the City
Manager under the following conditions:
1. The bench design, or tree species, will be determined by the City
and the location of the bench or tree will be selected by the City.
2. A relatively small plaque (5” x 8”), with inscription or other written
memorial information may be placed on the bench or near the tree.
3. Costs of design, installation and maintenance of the bench or tree
will be determined by the City and borne by the requestor at the
discretion of the City. Only City personnel or City contractors may
perform work on City property.
4. The bench, or tree, is only a marker and is not a place of worship, a
cemetery or official gathering place. Flowers, and other
memorabilia are not permitted and will be removed by maintenance
personnel.
5. The City is not responsible for damage or deterioration of the bench
or tree and may remove it at any time for any reason without
replacement.
III. Wall of Honor
It shall be the policy of the City Council to establish a “Wall of Honor” under the
following guidelines:
Wall of Honor
The Wall of Honor will memorialize the names of distinguished
community leaders who have made substantial contributions to the
City of Rancho Palos Verdes under the following conditions:
1. Persons nominated for the “Wall of Honor” shall have been
dedicated community leaders who have contributed significantly to
the quality of life offered by the City and realization of the vision
expressed in the original General Plan. The honoree must have
had a significant presence in the community throughout a good
portion of their life and should have made notable impacts on
sustaining the quality of life of the residents of Rancho Palos
Verdes.
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City Council Policy No. 37 for Naming Public Facilities
Last Amendment: December 20, 2011
Page 4 of 5
2. Persons nominated for inclusion on the “Wall of Honor” will be
deceased and will not have been previously honored by other
actions of the City such as facilities named in their honor or other
memorial.
3. When a person is nominated for inclusion on the “Wall of Honor”
staff should consult with the Palos Verdes Peninsula Library
District, local historical society or other appropriate sources to
determine the significance of the individual’s contributions to the
community and report these findings to the City Council.
4. Only a current Mayor or City Councilmember may nominate a
citizen to be included on the “Wall of Honor.” The determination of
the persons who will be included will be made by the City Council.
5. The location of the “Wall” and the format of names and inscriptions
shall be established by the City Council.
BACKGROUND
The City of Rancho Palos Verdes has lacked a uniform policy to assist the City
Council and to guide staff in the naming of City facilities, including parks and
open space areas, buildings, streets and other public amenities. In addition,
there have been no formal policies or guidelines for honoring City leaders, nor for
memorializing persons whose loved ones simply want to provide a remembrance
in the form of a bench or tree.
Although the City has had no formal policy for naming public facilities and sites in
honor of persons, there are precedents. Fred Hesse Park and Community
Center is named for a City founder, Robert Ryan Park is named for a former
Mayor and Councilmember and Vanderlip Park is named for an original
Peninsula landowner. There is a GPS monument at Portuguese Point named in
honor of Dr. Perry Ehlig. There is a trail below Ocean Terrace Drive known as
the McBride Trail in honor of the man who constructed it. There are also three
small memorials, one near Ladera Linda Community Center, one at the Point
Vicente Interpretive Center and the other near Inspiration Point that honor
persons who died prematurely. Finally, there have been numerous requests
from individuals to install park benches or plant trees in memory of deceased
loved ones, many of which have been granted.
The development of a Policy to guide the naming of City facilities, the permitting
of monuments, benches and trees is intended to enable these processes to be
conducted in an equitable, objective and consistent manner. In addition, the
establishment of a “Wall of Honor” will offer a new formal opportunity for honoring
community leaders.
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City Council Policy No. 37 for Naming Public Facilities
Last Amendment: December 20, 2011
Page 5 of 5
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CITY COUNCIL POLICY
NUMBER: 38
DATE ADOPTED/AMENDED: 03/02/04 (amended 04/20/2021)
SUBJECT: Disclosure of Elected and Appointed Officials’ Personal Information
POLICY:
It shall be the policy of the City Council that personal information about elected
officials and appointees to the City’s commission and committees various
advisory boards shall be handled in the following manner:
The name, term of office, City-created e-mail address and City Hall
telephone number shall be posted on the City’s website.
Additional information, such as home address, home or business
telephone numbers, fax number and personal e-mail address will be
posted on the City’s website or disseminated to the public only when an
elected official or appointee has given written permission to the City for
such disclosure.
The home addresses and the address of any other property within the
City, which is owned by an individual City Council Member or an
appointee, can be obtained at City Hall by submitting a written request
therefore to the City Clerk.
Telephone messages for City Council members will be transmitted
through the City Manager’s office. Telephone messages for appointees
shall be transmitted through the staff liaison assigned to that City
commission or committee.
BACKGROUND:
Presently, the City has had no written policy regarding the publication of certain
information about elected and appointed officials. Although the practice of the
City has been that both elected and appointed officials shall be accessible to the
public, the advent of the worldwide Internet has added an element of concern
relative to the compromise of a person’s privacy. Moreover, Government Code
Section 6254.21 has been amended to prohibit the posting of a home address
and telephone number of any elected or appointed official without the written
permission of that individual. This City Council policy is intended to respond to
this concern for privacy.
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CITY COUNCIL POLICY
NUMBER: 39
DATE ADOPTED/AMENDED: 06/01/04 (amended 04/20/2021)
SUBJECT: Written Communications among Councilmembers and Members of
City Commissions and Committees about Agenda Items
POLICY:
This policy governs any written communications, including, but not limited to,
communications by text message, e-mail, written statements of policy or position,
and or questions posed to City staff (“Written Communication”) if itthe same is: (1)
is prepared or presented by a member of the City Council or a member of a City
commission or committee (“legislative body”); and (2) is to be distributed or
disseminated among a quorum of the members of the legislative body of which
that person is a member; and (3) concerns an item that is to be discussed at a duly
noticed meeting of that legislative body.
This policy is a limitation on the method by which Written Communications can be
distributed among a quorum of members of City legislative bodies. Nothing in this
policy shall be construed to permit or authorize any communication, written or
otherwise, that does not comply with the provisions of the Ralph M. Brown Act, or
other applicable provision of law.
On occasion, members of City legislative bodies have prepared Written
Communications asking questions of staff or asserting positions about an item that
is to be discussed as part of the agenda of a duly noticed meeting of the legislative
body of which that person is a member and have directed that the Written
Communications be distributed to the other members of the legislative body. The
purpose of this policy is to establish the process for distributing these Written
Communications so that the members’ concerns, comments and questions can be
conveyed to, and considered by, the other members of the legislative body in
compliance with the provisions of the Brown Act.
It shall be the policy of the City Council that any Written Communication shall be
submitted to the City staff person who is responsible for the preparation of the
meeting agenda, by 9:00 a.m., on the date when the agenda of the meeting when
the item is to be discussed is to be distributed to the members of the legislative
body and made available to the public. Any Written Communication that is
received by City staff after that deadline is to be held by the staff and shall not be
distributed to the other members of the legislative body or made available to the
public until the commencement of the meeting when the item is to be considered.
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BACKGROUND:
The Ralph M. Brown Act, Government Code Section §§ 54950, et seq., establishes
the requirements that members of local governmental legislative bodies must
follow so that city business is conducted in public at duly noticed meetings. (See,
Government Code Section § 54953(a).) Government Code Section § 54952.2 (b)
prohibits the use of direct communication, personal intermediaries or technical
devices that are employed by the members of a legislative body to develop a
collective concurrence on an action to be taken. California courts have interpreted
this Section as also prohibiting the use of such devices to ascertain facts or
exchange information regarding a proposed action. In addition, Government Code
Section § 54957.5(a) requires all agendas and other writings, which are not exempt
from disclosure, that are distributed to the members of a legislative body to be
made available to the public for review when the documents are distributed to a
quorum of the members of the legislative body.
All Written Communications may be subject to disclosure pursuant to the California
Public Records Act, Government Code §§ 6250 et seq. The Public Records Act
was enacted to: (1) safeguard the accountability of government to the public; (2)
promote maximum disclosure of the conduct of governmental operations; and (3)
explicitly acknowledge the principle that secrecy is antithetical to a democratic
system of “government of the people, by the people and for the people.”
On occasion, members of City legislative bodies have prepared Written
Communications asking questions of staff or asserting positions about an item that
is to be discussed as part of the agenda of a duly noticed meeting of the legislative
body of which that person is a member and have directed that the Written
Communications be distributed to the other members of the legislative body. The
purpose of this policy is to establish the process for distributing these Written
Communications so that the members’ concerns, comments and questions can be
conveyed to, and considered by, the other members of the legislative body in
compliance with the provisions of the Brown Act.
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CITY COUNCIL POLICY
NUMBER: 40
DATE ADOPTED/AMENDED: 04/19/05 (amended on 4/20/21)
SUBJECT: Programming on Cable Television Government Access Channel
3Channel 35 and Channel 33
POLICY:
It shall be the policy of the City Council to limit the types of programming aired on
government access Channel 3Channel 35 and Channel 33 to the following
productions provided by the cable operator to each city through its respective
franchise agreement:
Channel 35 is the Government Channel for the Palos Verdes Peninsula (PVP):
City of Rolling Hills Estates meetings
City of Rolling Hills meetings
City Palos Verdes Estates meetings
PVPUSD School District Board Meetings
PVP Library District Board Meetings
PVP Coordinating Council monthly meetings.
PVPLC Land Conservancy monthly nature hikes
PVPUSD Unified School District Elementary Choral Music Festival
(spring), Sport or Educational programs
City of Rancho Palos Verdes City Talk monthly program.
Channel 33 is exclusively for the City of Rancho Palos Verdes:
City Council meetings
Planning Commission meetings
City-sponsored Public Service Announcements (PSAs)
City-sponsored Special Event Shoots
In addition, the following programs are “grandfathered” on Channel 3:
PVP School District Board Meetings
PVP Library District Board Meetings
PVP Coordinating Council monthly meetings
PVP Land Conservancy monthly nature hikes
PVP Unified School District Elementary Choral Music Festival (spring)
City of Rancho Palos Verdes City Talk monthly program
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City Council Policy No. 40
Page 2 of 2
The weekly Channel 3 program schedule shall be approved by the Channel 3
Committee, consisting of one City employee from each of the three cities, as
designated by its City Manager. All requests to air programming on Channel 35
and Channel 33 beyond those listed above shall be reviewed and decided by the
Channel 3 Committee (we don’t have a committee… unless staff and RPVtv
consider themselves a committee?). City Manager or designee.
Annually (is it annually?), the City Council will approve the topics for all City-
sponsored Special Event Shoots, Public Service Announcements (PSAs) and
RPV City Talk episodes.
BACKGROUND:
In 2007, Channel 33 (the City’s television station) management oversight was
handed to the City Manager’s office for review and approval of programming.
Cable Television Channel 35 is the local government access channel provided by
the cable operator as a condition of the cable television franchise agreement with
cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills and Rolling
Hills Estates. Through the franchise agreements with each city, the cable
operator is required to broadcast specified programming on this channel. The
City Council recognized the need to set guidelines for the types of programming
that will be shown on Channel 35 due to the fact that the City shares this cable
television government access channel with other Peninsula cities and receives
requests from time- to- time to air programming on this channel from outside
agencies and other organizations.
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CITY COUNCIL POLICY
NUMBER: 41
DATE ADOPTED/AMENDED: 12/02/08 (Amended 4/30/13 and 03/02/2021)
SUBJECT: Reserve Policies
POLICY:
The City utilizes a variety of accounting funds for accounting and budgeting for
revenues and expenditures of the City. Appropriations lapse at each fiscal year-
end. The City Council may authorize continued appropriations and purchase
orders carryover for certain incomplete capital projects, other one-time projects
and services which have not been billed or completed. Remaining dollars left in
each fund that are undesignated and unencumbered constitute available reserves
of the City. It is appropriate that reserve policies for the City be established for
each of the various funds, that the purpose of these reserves be designated, and
that dollars available in excess of the reserve amounts be appropriately and
effectively utilized. This policy governs the City’s reserves as follows:
A. General Fund
The City will maintain a minimum fund balance of at least 50 percent of
annual operating expenditures in the General Fund. This is considered the
minimum level necessary to maintain the City’s credit worthiness and to
adequately provide for:
1. Economic uncertainties, local disasters, and other financial hardships or
downturns in the local or national economy.
2. Contingencies for unseen operating or capital needs.
3. Cash flow requirements.
B. Capital Improvement Fund
The City will maintain a minimum of $5 million in the Capital Improvement
Projects (CIP) fund as a reserve for major improvement projects related to
roadways, storm drains, parks, buildings, rights-of-way, and the sewer
system. Subject to the annual budgeting process, the CIP reserve will be
funded, to the extent possible, by allocating the following to the CIP fund:
1. Transient Occupancy Tax (TOT).
a. Pursuant to the City’s Municipal Code Chapter 3.16, Transient
Occupancy Tax is collected from hotels that are located within the
City. "Hotel" means any structure, or any portion of any structure,
which is occupied or intended or designed for occupancy by
transients for dwelling, lodging or sleeping purposes, and
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includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodging house, rooming house, apartment house,
dormitory, public or private club, mobile home or house trailer at
a fixed location, or other similar structure or portion thereof.
b. The tax imposed in any hotel is based on temporary occupancy.
"Temporary" means a period of thirty consecutive calendar days
or less, counting portions of calendar days as full days.
c. General Fund transfer amounts to the CIP are equal to the TOT
collected from the Terranea Resort, the main source of TOT
revenues. During the annual budget process if it is determined
that the General Fund will not have a balanced budget, the City
Council may reduce the transfer amount to the CIP by a portion
or all of the increases in the public safety contract.
2. If deemed necessary, the City Council may allocate all or a percentage
of the prior year’s General Fund unrestricted excess reserve during
budget adoption process.
All interest earnings in this fund will be used for capital improvement
projects.
C. Equipment Replacement Fund
The City will maintain a minimum reserve of 75% but no more than 100%
of the estimated replacement cost for equipment assets that are due to be
replaced in the City’s next fiscal year.
D. Water Quality Flood Protection Fund
Project spending in the Water Quality Flood Protection (WQFP) fund
fluctuates year to year. The Storm Drain User Fee is a source of funding
for these projects. To avoid a fluctuating Fee, the City will maintain retained
earnings over the life of the WQFP fee to establish rate stabilization, thereby
enabling fund availability for scheduled projects and maintenance.
E. Building Replacement Fund
The City will maintain retained earnings in this fund to accumulate monies
and interest earnings to finance major improvements (e.g. roofing), and
partially provide for future replacement of City owned buildings.
F. Utility Undergrounding Fund
The City will maintain retained earnings in this fund to accumulate monies
for relocating utility poles and lines on City arterial roadways underground,
as well as provide residents assistance with the process leading to utility
undergrounding in residential areas of the City.
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G. Street Maintenance Fund
The City will maintain a minimum of one year’s appropriations for road
maintenance on Palos Verdes Drive South in the landslide area.
H. Habitat Restoration Fund
The City will maintain a minimum of $50,000 in this fund as required by the
National Communities Conservation Plan (NCCP) for emergency use for
habitat restoration purposes in addition to maintaining any interest earnings.
I. Subregion One Maintenance Fund
As part of the development agreement for Subregion One, the developer
provided $750,000 as an endowment to generate interest earnings for
future maintenance of the open space area in Subregion One.
J. Improvement Authority Abalone Cove Fund
In connection with the Horan lawsuit, the Redevelopment Agency’s
Reimbursement and Settlement Agreement with property owners and the
County stipulated that $1,000,000 of County loan proceeds was to be
deposited in the Abalone Cove Maintenance Nonexpendable Trust Fund of
the Joint Powers Improvement Authority. Interest earnings from this deposit
are used to maintain landslide abatement facilities in the Abalone Cove area
of the active landslide, except sewers in accordance with the
reimbursement and settlement agreement
Reserve levels will be reviewed annually during the budget process. Any
recommended adjustments to reserve levels will be presented to City Council for
its consideration during the annual budget process.
COMMITMENTS AND ASSIGNMENTS OF FUND BALANCE:
Governmental Accounting Standards Board Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, provides the City with a
method to self-classify fund balance for financial statement reporting purposes.
A. Committed Fund Balance
Fund balance may be committed to specific purposes using its highest level
of decision-making authority, the City Council. It is the City Council’s policy
that commitments of fund balance for a fiscal year must be adopted by
resolution prior to fiscal year end. Amounts that have been committed by
the City Council cannot be used for any other purpose unless the City
Council adopts another resolution to remove or change the constraint.
B. Assigned Fund Balance
The General Fund balance may be assigned for amounts the City Council
intends to use for a specific purpose. It is the City Council’s policy that
assignments of fund balance for a fiscal year must be approved by
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minute-order of the City Council prior to the fiscal year end. Any changes
to assignments must also be made by minute-order of the City Council.
It is the City Council’s policy to spend classified fund balance in the following
order when amounts in more than one classification are available for a particular
purpose:
1. Restricted Fund Balance – amounts constrained to specific purpose by
their providers through constitutional provisions or enabling legislation.
Examples include grants, bond proceeds and pass-through revenue from
other levels of government.
2. Committed Fund Balance – amounts constrained to specific purpose by
resolution of the City Council.
3. Assigned Fund Balance – amounts in the General Fund which are
intended to be used for a specific purpose, expressed by minute-order of
the City Council.
4. Unassigned Fund Balance – amounts available for any purpose in the
General Fund.
BACKGROUND:
Reserves, rainy-day funds, or contingency funds are a prudent fiscal policy and an
important credit factor in the analysis of financial analysis and management. Local
governments have experienced much volatility in their financial stability due to the
economy, natural disasters, terrorist attacks, and actions taken by state
government which includes taking revenues from local governments to resolve
state budget problems. California cities are at an even greater disadvantage than
the rest of the country due to the unique regulations imposed by Proposition 13,
and the inability to raise property taxes if the need would arise. Sound financial
management includes the practice and discipline of maintaining adequate reserve
funds for known and unknown contingencies. Such contingencies include, but are
not limited to: cash flow requirements, economic uncertainties including downturns
in the local, state or national economy, local emergencies and natural disasters,
loss of major revenue sources, unanticipated operating or capital expenditures,
uninsured losses, tax refunds, future capital projects, vehicle and equipment
replacement, and capital asset and infrastructure repair and replacement. The
establishment of prudent financial reserve policies is important to ensure the long-
term financial health of the City.
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CITY COUNCIL POLICY
NUMBER: 42
DATE ADOPTED/AMENDED: 08/18/09
SUBJECT: Form of Staff Recommendations to the City Council
POLICY:
It shall be the policy of the City Council that in preparing staff reports to the City
Council, Staff will clearly present its independent and professional
recommendation to the City Council under the customary “Recommendation”
section of the staff report, in addition to presenting the recommendation or
decision of the Planning Commission or other advisory board or committee on
the matter in question.
BACKGROUND:
When land use planning items that involve Planning Commission review are
presented to the City Council, it has been Staff’s practice to recommend
upholding the Planning Commission’s decision or recommendation to the
Council--even in situations where Staff’s best professional judgment would
dictate otherwise.
Staff’s practice of deference to the Planning Commission has deprived the City
Council and the public of the professional opinion of City Staff and has caused
some confusion among the public and some Council Members as to what Staff’s
professional advice is. As a result, on July 21, 2009, the City Council discussed
this matter and agreed to adopt a policy that Staff will clearly provide its best
judgment and recommendation to the City Council, even in instances where its
recommendation would be to overturn the Planning Commission’s decision. The
Planning Commission’s decision and its rationale for the decision would continue
to be explained in detail in the staff report. Furthermore, the Chair or other
member of the Planning Commission or advisory board still should attend the
Council meeting and describe the Planning Commission’s deliberations.
The purpose of setting this policy is to have a consistent policy that applies
across the board that the Council always wants to have Staff’s best advice stated
clearly in all staff reports, even if the Council may ask for other alternatives, and
even if the Council chooses not to follow the Staff’s advice from time to time.
Therefore, this policy is applicable to the recommendations or decisions of any
City advisory board or committee and is not limited to matters before the City
Council that have been reviewed by the Planning Commission.
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CITY COUNCIL POLICY
NUMBER: 43
DATE ADOPTED/AMENDED: 06/19/12 (amended 04/20/2021)
SUBJECT: Banking Services Procurement
POLICY:
Biannual Evaluation
The City Treasurer shall perform a biannual evaluation of the City’s banking fees
and services, which are defined to include:
1. Demand deposit accounts;
2. Merchant credit card processing;
3. Payment card program; and
4. Custody arrangements (only if utilized).
5. Or as deemed necessary by the City Treasurer
4.
The biannual evaluation should consider:
1. The financial condition of the City’s banking institution(s), which may
include a review of the institution’s Consolidated Reports of Condition and
Income (“call reports”), loan delinquency rates, charge-offs, compliance
with public agency collateralization requirements, and audited financial
statements to be performed by either City Staff or a treasury advisor;
2. The current level of customer satisfaction with the existing banking
institution(s);
3. Any changes to services and fees; and
4. Desired changes of services.
The results of the analysis shall be reported to the City Council in a receive and
file report.
Competitive Process Every Six Years
The City’s Purchasing Ordinance (Chapter 2.44 of the Municipal Code) provides
an exception for financial services (such as banking) from the bid requirements.
Recognizing that a competitive process is costly and the benefits derived may
not outweigh those costs, the City Council has determined that it is in the best
interest of the City to conduct a periodic competitive process for the procurement
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of banking services. review of the banking services to determine if an RFP is
deemed necessary.
The City Treasurer shall initiate a competitive procurement for banking services
review the banking services to determine if a competitive procurement is
necessary every six years beginning in 2012. The process shall include a
Request for Proposal (RFP) that includes services (both required and optional),
fees, earnings credit rates, and availability schedules for deposited funds. The
competitive process will replace the biannual evaluation of banking services and
fees, in the year in which the competitive process is performed.
Prior to issuing the RFP, the City Treasurer shall perform a comprehensive
evaluation of needs and services; which may include meeting with several
banking institutions to identify desired services to be added to the RFP.
The City Treasurer’s evaluation of Proposals should include:
1. A determination of whether the institution meets or exceeds federal
regulatory capital requirements;
2. The institution’s knowledge of and ability to adhere to California
Government Code collateralization requirements;
3. A confirmation of Federal Deposit Insurance Corporation (FDIC)
coverage;
4. The institution’s experience serving the government sector;
5. The benefits and costs of paying for services through direct fees,
compensating balances, or a combination of the two;
6. The institution’s use of technology; and
7. The customer service level proposed, as well as inquiries to identify the
satisfaction level of other local governments.
Prior to making a recommendation, the City Treasurer shall utilize independent
bank evaluation services at a reasonable cost to verify the creditworthiness of up
to three financial institutions participating in the competitive process. The
independent evaluator may be a financial consultant with the necessary
experience to perform the evaluation.
The report to City Council should include:
1. Proposed contracts that specify services, fees, and collateral
requirements;
2. Results of the City Treasurer’s evaluation;
3. Results of the independent evaluator’s evaluation of creditworthiness; and
4. A recommendation to either continue the City’s current banking
relationship(s), or to retain the services of a new banking services
provider.
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CITY COUNCIL POLICY
NUMBER: 44
DATE ADOPTED/AMENDED: 12/17/13 (amended 04/20/2021)
SUBJECT: Audit Committee
PURPOSE:
The Audit Committee will serve the City of Rancho Palos Verdes to provide
review and oversight of independent audit of the City’s financial statements. The
Audit Committee shall report all findings to the City Council.
COMPOSITION, QUALIFICATIONS AND COMPENSATION:
The Audit Committee is established as a subcommittee of the City Council,
comprised of two members of the City Council, annually appointed by the Mayor.
If the Audit Committee does not have a member that is technically qualified to
properly review the City’s financial statements, the Committee may elect to retain
the services of a third-party professional, such as a Certified Public Accountant
with experience serving local government. The City’s independent financial
statement auditor(s) shall report directly to the Audit Committee. Members of the
Audit Committee do not receive compensation, nor will be eligible for
reimbursement.
SCOPE OF RESPONSIBILITIES:
The scope of responsibilities are summarized as follows:
1) Make a recommendation regarding selection of the City’s independent
financial statement auditor during the procurement process. Typically, the
City issues a new contract for independent audit services every 3 to 5
years.
2) Meet with the independent auditor at least twice once during each annual
engagement, including an audit planning meeting and an exit interview.
3) Analyze and report to the City Council any significant findings of the
annual audit and possibly make recommendations regarding such
findings.
4) Provide findings, if any, to the City Council regarding the following reports:
a. City’s Comprehensive Annual Financial Report (CAFR);
b. Separately issued financial statements of the Improvement
Authority;
c. Internal Control report prepared by the independent auditor;
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d. Single Audit Report for federal financial assistance (if applicable);
and
e. Management Letter prepared by the independent auditor, and
management’s response (if applicable).
5) Any other tasks assigned by the City Council
Annual Report to the City Council
After reviewing the City’s CAFR, the Audit Committee shall make a report of its
findings, if any, to the City Council. In its annual report, the Audit Committee
shall specifically state whether it has discussed the financial statements with
management and the independent auditors.
Reports of Financial Malfeasance
If the City receives any reports of financial malfeasance, such as those from an
internal whistleblower or those from an outside party, the report shall be
forwarded to the Audit Committee for consideration. If the report is found to be
credible, the Audit Committee shall retain an independent third party with
sufficient expertise to conduct an investigation. Upon completion of the
investigation, the Audit Committee shall report its findings directly to the City
Council and offer recommended action.
MEETINGS:
The City of Rancho Palos Verdes Audit Committee shall meet at minimum semi-
annually (one planning meeting and one exit meeting) with the City’s
independent auditor. The Audit Committee shall schedule further meetings as
they see fit. The meetings of the City of Rancho Palos Verdes Audit Committee
shall be subject to the Ralph M. Brown Act.
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CITY COUNCIL POLICY
NUMBER: 45
DATE ADOPTED/AMENDED: 12/17/13
SUBJECT: Balanced Operating Budget
POLICY:
The City Council shall adopt an annual operating budget where recurring
expenditures do not exceed recurring revenues, and ongoing program
expenditures are not funded with one-time revenue sources. One-time or
unpredictable revenue sources shall be used for capital spending and other non-
recurring expenditures.
To assist the City Council with enforcing this policy, the annual General Fund
budget presentation shall include identification of one-time or unpredictable
revenues and one-time expenditures.
Prior to taking action, the City Council shall be advised by City Staff if the
proposed action will result in a deviation from this policy. Furthermore, City Staff
must publicly disclose to the City Council any deviation from a balanced General
Fund budget, whether planned or not. If the General Fund budget becomes
structurally unbalanced, Staff will offer alternatives and a recommendation to the
City Council.
BACKGROUND:
A structurally balanced operating budget will support financial sustainability for
the City’s future. The definition of a structurally balanced operating budget is one
where recurring revenues are greater than or equal to recurring expenditures.
For the City of Rancho Palos Verdes, the operating budget is the General Fund
budget.
Recurring revenues are defined as those which can reasonably be expected to
continue from year-to-year, with some degree of predictability. Property tax
revenue is an example of recurring revenue. Grants from outside agencies and
lawsuit settlements are examples of one-time or unpredictable revenues.
Recurring expenditures are defined as those which can reasonably be expected
to be funded every year in order to maintain the current levels of City services.
Staff salaries and the costs of park maintenance are examples of recurring
expenditures. Capital asset acquisitions (e.g. rehabilitation or improvement of
the City’s infrastructure) are typically not considered recurring, as the same
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assets are not acquired or rehabilitated each year. Although deferred
maintenance of City infrastructure is not advisable, the City has a greater degree
of flexibility to adjust spending to maintain its capital assets in reaction to
budgetary shortfalls.
Reserves are the portion of certain fund balances that are set aside as a hedge
against risk as defined in City Council Policy Number 41: Reserve Policies. If
Reserves are maintained at their desired levels, it is an indication that the City is
maintaining a structurally balanced budget.
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CITY COUNCIL POLICY[A1]
NUMBER: 46
DATE ADOPTED/AMENDED: 03/04/2014 (Updated via Resolution 2019-48
Attachment A on 11/6/19 amendedRepeal on 04/20/2021)
SUBJECT: Disclosure of City Council Members’ E-Mails and Other
Correspondence Solely in the Possession of City Council Members in
Response to Public Records Act Requests
POLICY:
Already addressed in Current Rules of Procedure (ROP) Reso 2019-48
Section 11.0 Public Records and Use of Email: Repeal
Please note that with the adoption of Resolution No. 2019-48 Attachment A
Section 11.2 All City Officials were provided with an rpvca.gov email address and
going forward must and will use this account for City business. In the event that
an email is sent to a personal account, that account will be subject to review and
disclosure of City-related emails.
This policy requires disclosure of non-exempt email concerning City business that
was sent to Council members through City email accounts (@rpvca.gov.com),
along with all replies from Council Members to these emails, even if the replies
were sent through or from each Council member’s personal accounts. The
rationale underlying this policy for producing Council members’ emails is that
emails sent to Council members through their City email accounts are
presumptively public records, and any replies or subsequent email exchanges
related to those “@rpvca.gov.com” emails are also presumptively public records.
In other words, the policy basically follows the principle that a communication sent
through City Hall is presumed to be a public record, even if only part of the
communication flowed through the City’s system. Additionally, even though a
communication may be a public record, it may be exempt from disclosure under
the Public Records Act, and this policy does not require the disclosure of exempt
emails.
However, a written communication that is not sent or received through City Hall in
whole or in part, even though it is in the possession of a Council member, is
presumed to be a non-public record and is thus not subject to disclosure under the
Public Records Act.
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Non-Email Communications
Individual City Council members shall produce to the City Attorney’s office for
review any communication that is not an email, if it is responsive to a public records
request, the City did not retain a copy, and was:
(1) Sent to or given to the Councilmember by the City;
(2) Received by the Councilmember addressed care of City Hall; or
(3) Sent to or given to the City by the Councilmember.
The City Attorney’s office will review the non-email communications to confirm that
they relate to the City’s business, are not exempt from disclosure under the CPRA,
and are responsive to the request. Any non-email communication that fails one of
those tests will not be produced.
Email Communications
In the event the City receives a CPRA request seeking Council member
communications, City staff will search the City’s email server for responsive emails
that went through an “@rpvca.gov.com” email address.
Council members will not produce any emails exclusively in their possession that
meet all of these parameters:
1. The email was not sent to or copied to a City email address, i.e.
“[name]@rpvca.gov” or “cc@rpvca.gov;”
2. The email was not sent from or using a City email address, i.e. “[name]@
rpvca.gov”;
3. The email was not routed through “@rpvca.gov” in any way when it was
sent or received, and
4. The email was not part of an email chain responding to an email
received through a City email address, i.e. “[name]@ rpvca.gov” or “cc@
rpvca.gov.”
Applying these rules, any email sent or received by a City Council member
exclusively using his home or business email address, that was never routed
through the City’s email system and was never sent to, received from, or copied to
someone with a “[name]@ rpvca.gov” or “cc@ rpvca.gov” City email address,
would not be produced to the City Attorney’s office for review, although they would
be preserved by each Council member if responsive to a public records request.
For responsive emails that are part of an email chain, every email in the email
chain must pass this test; if it does not, the Council member would provide it to the
City Attorney’s office for review if the City does not already have a copy, with the
following exception:
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Exception: If an email is addressed to a Council member’s personal email address
and is not copied to that Council member’s City email address, and the
Councilmember replies to the email using his or her personal email address, then
the Council member’s reply would not be produced to the City Attorney’s office for
review even if other “@rpvca.gov” email addresses had been copied on the
message that was originally sent to the Council member’s personal email address;
provided, however, if the Council member subsequently sends the email to an
“@rpvca.gov” email address, or if the recipient of the Council member’s email
sends the email chain to an “@rpvca.gov” email address, then the email would be
located on the City’s email server and it would presumptively be a public record.
Further, any emails exclusively in the possession of individual City Council
members shall be produced by each City Council member for review by the City
Attorney’s office, if the emails are responsive to a public records request and meet
either of these two tests:
a. The email was sent to or through the City Council email address, “cc@
rpvca.gov,” regardless of the way it was ultimately downloaded or
received by the City Council member, the City Council member replied
using a non-City email address, and the reply email was not sent to an
“@rpvca.gov” email address.
b. The email was sent to or through the individual Council member’s City
email address, “[yourname]@ rpvca.gov,” regardless of the way it was
ultimately downloaded or received by the City Council member, the City
Council member replied using a non-City email address, and the reply
email was not sent to an “@rpvca.gov” email address.
The phrase “using a non-City email address” includes email sent through the
Council member’s personal or business ISP provider or email account, when it is
responding to an email sent to or through “cc@ rpvca.gov” or “[yourname]@
rpvca.gov.”
Because litigation could result from a public records request, City Council
Members would continue to be obligated to retain and preserve all responsive
emails in their current form and format for the time period covered by a public
records request, even if the emails do not have to be provided to the City Attorney
for review under this policy.
The policy recognizes that the City has, for the past two years(since April 2018),
been preserving on the City’s email server all email that was sent or received
through an “@rpvca.gov” email address. City staff will collect email sent through
the City’s email server that is responsive to a public records request.
In the event a public records request seeks City Council member email that
precedes the implementation of the email server, Council members shall work with
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the City Attorney’s office to produce for review any email in their possession that
went through an “@rpvca.gov” email address in whole or in part.
The policy also recognizes that there are various methods by which a City Council
member may access their email addressed to a “cc@ rpvca.gov” or “[yourname]@
rpvca.gov” email address, and that a City Council member may reply to that email
through a non-City email address. Regardless of whether a Council Member
accesses these emails through a web interface, downloads to a home email or
business email program (e.g., MS Outlook), or receives it as a “forwarded”
message to the Council Member’s home or business email address, if it originally
was sent to “cc@ rpvca.gov” or “[yourname]@ rpvca.gov”, and the Council
member replies using a non-City email address, and the reply email was not sent
to an “@rpvca.gov” email address, these emails would be produced for review by
the City Attorney’s office.
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 CPRA, and are responsive to the public records request. Any
emails that fail one of those tests will not be produced.
BACKGROUND:
Requests for public records made pursuant to the California Public Records Act
(“CPRA”) have increased dramatically over the last several years. Requests for
public records often include emails and correspondence to and from City Council
Members regarding a variety of topics.
The CPRA 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. …”
(Government Code Section 6252(e).)
The CPRA requires the City to disclose upon request public records that are within
the possession of the City and are not exempt from disclosure. A key issue that
often arises is whether to produce non-exempt responsive “writings” that are solely
in the possession of City Council members and are not within the possession of
the City or its Staff. The policy set forth above addresses that issue.
The policy provides the rules that will be followed with respect to the production of
communications and documents that are within the scope of a public records
request but are solely within the possession of individual City Council Members.
This policy conforms to the decision of the Superior court in the City of Tracy case.
If the Smith v. City of San Jose case or another case is decided by the Court of
Appeal in a manner that differs from this policy, or if the Legislature amends the
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CPRA to address the issue of Council emails and correspondence that are not in
a city’s possession, this policy will need to be revised to comply with the new
statute or court opinion. Additionally, in the event the City Council determines that
the City should cease preserving all City email that goes through an “@rpvca.gov”
email address, this policy will require revision.
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CITY COUNCIL POLICY
NUMBER: 47
DATE ADOPTED/AMENDED: 4/1/2014
SUBJECT: Confidentiality of Attorney-Client Privileged Communications
A portion of this is captured in the Rules of Procedure as adopted on 11/6/19
staff recommend repealing this policy – additionally in Policy 48 the Attorney
Client privilege section is captured. Recommend: Repeal.
POLICY:
The purpose of this policy is to protect confidential communications between the
City and its attorneys. The determination of whether a communication between
the City Attorney and the City is a confidential attorney-client privileged
communication requires an interpretation of law as applied to specific facts. For
this reason, the City Council should consult with the City Attorney before making
any public disclosures of communications that potentially fall within the definition
of an attorney-client privileged confidential communication.
A. Prohibitions Against Disclosure
1. Unless authorized by an affirmative vote of a majority of the Members
of the City Council, no City Council Member in receipt of any
confidential attorney-client privileged communication shall disclose
or cause to be disclosed all or part of any privileged confidential
communication to any unauthorized person.
2. Any Council Member who discloses or causes to be disclosed any
attorney-client privileged confidential communication to any
unauthorized person may be subject to public censure by the City
Council. Any censure proceeding shall be conducted in public at a
duly noticed City Council meeting. No public censure will occur
unless the accused Council Member has been provided with notice
of the accusation and the facts underlying such accusation and an
opportunity to be heard at the censure proceeding.
3. The City Council also may pursue other remedies authorized by
California law against the Council Member, including filing a lawsuit
to obtain an injunction against the unauthorized disclosures.
4. Further, the City Council may pursue all authorized remedies under
state or federal law against the unauthorized person or persons who
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received unauthorized disclosures of privileged attorney-client
confidential communications.
B. Definitions
1. “Agent of the City” means Council Members, City staff, City
consultants, or other City representatives or officers, excluding the
City Attorney.
2. "Cause to Be Disclosed" or “Unauthorized Disclosure” means the
disclosure of a Confidential Communication to an unauthorized
person or failure to exercise due care in maintaining the
confidentiality of the Confidential Communication.
3. "City Attorney" means the person appointed by the City Council as
the City Attorney and other attorneys working within the same law
firm as the City Attorney, and special legal counsel retained by the
City Attorney or by the City Council.
4. "Confidential Communication" means:
a. Any confidential communication or information provided orally
or in writing in preparation for or during a duly authorized
closed session (See Gov't. Code Sec. 54963); or
b. “Confidential communication,” as defined in Section 952 of the
California Evidence Code, means information transmitted
orally or in writing (including by email) between a client and
the client’s lawyer “in the course of that relationship and in
confidence by a means which, so far as the client is aware,
discloses the information to no third persons other than those
who are present to further the interest of the client in the
consultation or those to whom disclosure is reasonably
necessary for the transmission of the information or the
accomplishment of the purpose for which the lawyer is
consulted, and includes a legal opinion formed and the advice
given by the lawyer in the course of that relationship.”
c. Confidential Communication does not include information that
is required by law to be reported out of closed session, is
authorized by a majority of the City Council to be disclosed, or
otherwise is authorized to be disclosed under the law.
5. “Person” includes any person, firm, association, organization,
partnership, limited liability company, business trust, company or
corporation, and any municipal, political or governmental
corporation, district, body or agency.
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6. "Unauthorized person" means:
a. With respect to confidential information communicated during
a closed session, any person, other than a Council Member
(subject to (c) below), not in attendance at the closed session;
or
b. Any person to whom the oral or written confidential
communication is not directed or addressed; or
c. Any person who has a disqualifying conflict of interest in the
subject matter of the information contained in the confidential
communication.
d. Unauthorized person does not include the City Manager, the
Deputy City Manager, and Department Heads and other City
officers or employees or City consultants when such persons
have a need to know the information contained in the
confidential communication in order to discharge the duties of
their positions for the benefit of the City.
C. Acknowledgement of this Policy
Each Member of the City Council and each Member of City Management Staff
shall be provided with a copy of this policy and shall be required to sign a form
acknowledging that he or she has received a copy of this policy and will abide by
its provisions.
BACKGROUND
The City Council as a body is the holder of the attorney-client privilege for the City
of Rancho Palos Verdes regarding all attorney-client privileged communications,
including communications exchanged with the City Council, individual Council
Members, and even with respect to attorney-client privileged legal opinions or
communications that the City Attorney exchanges with the City Manager, or other
City officers and employees.
Only the City Council acting as a body may choose to waive the City’s privilege
with respect to attorney-client privileged communications. Individual members of
the City Council and City officers and employees, including the City Manager and
the City Attorney, may not waive the City’s attorney-client privilege. This means
that confidential attorney-client privileged communications cannot be disclosed
unilaterally by an individual Council Member to any person who does not fall within
the City’s attorney-client privilege without having prior approval of the disclosure
by a majority of the Members of the City Council.
In order to keep the City Council fully informed about pertinent legal issues that
may impact the City Council's decision-making, the City Attorney issues
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confidential legal opinions or conducts closed sessions when authorized to do so
by the Ralph M. Brown Act.
The City’s Attorneys also provide confidential legal advice to the City on matters
that may be subject to limitations on dissemination of information under federal or
state law to only specified persons or under specified circumstances. As
examples, state or federal law may limit dissemination of information and
documents in order to comply with the requirements of the federal Family and
Medical Leave Act, the California Family Rights Act, the Penal Code, and/or the
right of privacy guaranteed under California Constitution, Article I, Section 1; to
preserve the due process rights of City employees on disciplinary matters and third
parties on adjudicatory matters that will come before the City Council; and to
protect discovery of the mental processes of individual Council members in
evaluating legislative proposals that will be presented for action to the City Council.
Unauthorized disclosures of confidential information obtained from the City
Attorney, including from closed sessions or from legal opinions, email or other
confidential communications that are subject to the attorney-client privilege cause
harm to the City or to other persons protected by other provisions of federal or
state law. Harm to the City from such breaches of confidentiality could include
unwarranted litigation exposure and significant damages awards against the City.
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CITY COUNCIL POLICY[A1]
NUMBER: 48
DATE ADOPTED/AMENDED: 04/15/2014 (amended 04/20/2021)
SUBJECT: City Council Member Requests to Review Attorney-Client Privileged
Communications & Council Member Requests to Waive the Attorney-
Client Privilege and Publicly Release Attorney-Client Communications
POLICY:
The purpose of this policy is to protect confidential communications between the
City and its attorneys, while making such records available for review by a City
Council Member in the performance of his or her duties.
A. Requests to Review Attorney-Client Privileged Confidential
Communications.
1. A In the event that a Member of the City Council may make a request
to the City or to the City Attorney’s Office wishes to review written
confidential communications sent only to City staff that are within the
scope of the City’s attorney-client privilege and that had not
otherwise been shared with the entire City Council as a closed
session memoranda, in connection with the performance of his or
her duties as a Council Memberthis policy shall govern the release
of such privileged communication(s).
2. Such request shall be made through the City Attorney’s office, is not
a Public Records Act request, and the Council Member shall
maintain as confidential the confidential communications and the
information contained therein, and shall not disclose them to
unauthorized persons, as defined below.
3. In the interest of fiscal responsibility and staff efficiency, a request
to review such records shall reasonably describe an identifiable
record or records either by topic or timeframe or both. The City
Attorney and City Staff shall keep a record of the time that is spent
in responding to requests from Council Members for confidential
communications.
4. If a Council Member requests a copy of a confidential
communication, paper documents may be provided in paper form for
review by the City Council Member at City Hall during the City’s
normal business hours. Electronic records shall be provided
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electronically for review by the Council Member on a City-owned
computer at City Hall during the City’s normal business hours.
Alternatively, if the City Council Member cannot review documents
during the City’s normal business hours, the City Council Member
may schedule a date and time to meet with the City Attorney to
review the documents. No photograph, copy (electronic, paper or
otherwise) shall be provided or permitted, unless authorized by the
City Council. If the Council Member asserts that he or she cannot
comply with this Paragraph 4, the Council Member shall request
authorization from the City Council to deviate from the provisions of
this Paragraph.
B. Process to Request a Waiver of Confidentiality[A2]
1. A Council Member who desires to disclose a confidential
communication may only do so by majority vote of the entire City
Council.
2. In order to obtain the waiver of confidentiality from the City Council,
the Council Member must make a request of the City Attorney’s
Office to:
a. Review the confidential information and analyze the risks of
disclosure in the given matter;
b. Determine the forum for discussion and vote of the City
Council;
c. Agendize the matter on behalf of the Council Member.
3. The Council Member must make the request to waive confidentiality
to the City Council in the appropriate forum.
4. If the City Council denies a City Council Member’s request to waive
confidentiality and the City Council Member disagrees with the City
Council’s decision because he or she contends that the
communication is not privileged and/or that the facts and
circumstances warrant waiver of confidentiality, the City Council
Member may request a second legal opinion in accordance with the
following procedure.
a. The City Council Member shall identify to the City Attorney
and City Council the specific communication at issue, and the
reasons why he or she contends that the communication is
not privileged, or that based on particular facts and
circumstances confidentiality should be waived;
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b. Upon consideration of the City Council Member’s request, the
City Council in its sole discretion may (i) deny the request for
a second legal opinion; (ii) direct the City Attorney to retain a
second legal opinion from another attorney in the City
Attorney’s law firm regarding the issues; or (iii) the City
Council may retain a second legal opinion from another
attorney from a different law firm or law office. The City
Council may thereafter make such decision on the Council
Member’s request as the City Council deems appropriate
under the specific facts and circumstances.
C. By taking these steps, the City’s attorney-client privilege will be preserved.
D. Definitions
1. “Agent of the City” means Council Members, City staff, City
consultants, or other City representatives or officers, excluding the
City Attorney.
2. “City Attorney” means the person appointed by the City Council as
the City Attorney and other attorneys working within the same law
firm as the City Attorney, and special legal counsel retained by the
City Attorney or by the City Council.
3. For purposes of this policy, “confidential communication,” as defined
in Section 952 of the California Evidence Code, means “information
transmitted between” an Agent of the City and the City Attorney “in
the course of that relationship and in confidence by a means which,
so far as the client is aware, discloses the information to no third
persons other than those who are present to further the interest of
the client in the consultation or those to whom disclosure is
reasonably necessary for the transmission of the information or the
accomplishment of the purpose for which the lawyer is consulted,
and includes a legal opinion formed and the advice given by the
lawyer in the course of that relationship.”
4. “Unauthorized person” means:
a. With respect to confidential information communicated during
a closed session, any person, other than a Council Member
(subject to (c) below), not in attendance at the closed session;
or
b. Any person to whom the oral or written confidential
communication is not directed or addressed; or
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c. Any person who has a disqualifying conflict of interest in the
subject matter of the information contained in the confidential
communication.
d. Unauthorized person does not include the City Manager, the
Deputy City Manager, and Department Heads and other City
officers or employees or City consultants when such persons
have a need to know the information contained in the
confidential communication in order to discharge the duties of
their positions for the benefit of the City.
BACKGROUND
The City Council as a body is the holder of the attorney-client privilege for the City
of Rancho Palos Verdes regarding all attorney-client privileged communications,
including communications exchanged with the City Council, individual Council
Members, and with respect to attorney-client privileged legal opinions or
communications that the City Attorney exchanges with the City Manager, or other
City officers and employees. While the City Council, acting as a legislative body,
may choose to waive the attorney-client privilege as to certain communications,
individual members of the City Council may not waive the privilege.
A City Council Member, in connection with the performance of his or her duties as
a Council Member, may need to review the legal advice provided to the City by the
City Attorney, including legal advice upon which the City Council was not copied.
At the same time, the City Council, mindful of the need to protect from inadvertent
disclosure attorney-client privileged communications, has adopted this policy to
balance facilitating the duties of Council Members while protecting from
inadvertent disclosure attorney-client privileged communications.
This policy also preserves the ability of the City Attorney to provide advice to the
City on legal matters where other provisions of federal or state law limit access of
information or documents to specified City officials or employees. As examples,
state or federal law may limit dissemination of information and documents in order
to comply with the requirements of the federal Family and Medical Leave Act, the
California Family Rights Act, the Penal Code, and/or the right of privacy
guaranteed under California Constitution, Article I, Section 1; to preserve the due
process rights of City employees on disciplinary matters and third parties on
adjudicatory matters that will come before the City Council; and to protect
discovery of the mental processes of individual Council members in evaluating
legislative proposals that will be presented for action to the City Council.
With these concerns in mind, this policy requires prior review by the City Attorney
of document requests and limits the distribution of copies of attorney-client
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privileged communications, while still providing access to such records to City
Council Members.
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CITY COUNCIL POLICY
NUMBER: 49
DATE ADOPTED/AMENDED: 9/16/14
SUBJECT: Coastal Specific Plan Corridors Element – Identifying a Viewing
Station to Assess Visual Impacts of a Proposed Project Located
Outside of a Visual Corridor
POLICY:
To protect the visual relationship between Palos Verdes Drive West/Palos Verdes
Drive South and the ocean in areas that are not part of an identified visual corridor,
as identified in Figure 26 of the Visual Element, the City’s Coastal Specific Plan
states that no buildings should project into a zone measured 2-degrees down-arc
from horizontal as measured along the shortest distance between the “viewing
station” and the coastline (Page C-12 of the Coastal Specific Plan). It shall be the
policy of the City that for purposes of this requirement, the “viewing station” shall
be at an elevation that is 3-feet above the “fog line” (painted white line/bike lane
line) adjacent to the vehicle travelling lane along the seaward side of Palos Verdes
Drive West or Palos Verdes Drive South where the best and most important view
exists over the site of the proposed project which may or may not be adjacent to
the subject property line. This policy is not intended to supersede any existing
condition of approval that is more restrictive in preserving views from Palos Verdes
Drive West or Palos Verdes Drive South.
BACKGROUND:
The State of California’s Coastal Act, enacted in 1976, mandates that coastal
jurisdictions establish a local coastal plan that regulates local land use decisions
within a defined coastal district. It is through the Coastal Act that the City’s Coastal
Specific Plan (CSP) was adopted by the City Council on December 19, 1978
thereby creating a Coastal District located seaward of Palos Verdes Drive West
and South, along the City’s 7.5 miles of coastline. The CSP is intended to protect
the natural features, such as geology, shoreline character, and biota of the
coastline while controlling the character of development and providing access to
the coast. Similar to the City’s General Plan, the CSP is divided into five elements,
one of which is the Corridors Element.
The Corridors Element identifies five basic categories of “corridors.” As utilized
within the CSP, the term “corridor” includes a full range of interrelated linear and
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non-linear elements that provide functional, protection and preservation,
definitions and linking capabilities. One of the five corridors identified in the
Corridor Element is the category of visual corridors.
Visual corridors have dimensions for “vistas” and “views.” Vistas have a viewing
station, object or objects to be seen and an intermediate area. Views have a
viewing station but do not have a specific focus or object to be seen and have
broad focal points which have an unlimited arc and depth. The visual corridors
identified in the CSP are considered to have the greatest degree of visual value
and interest to the greatest number of viewers. As a result, the CSP sets criteria
for identifying viewing stations to assess proposed development projects located
within identified visual corridors. Furthermore, the CSP establishes specific height
zones for projects located within the same identified visual corridors.
However, the CSP does not establish criteria for identifying viewing stations to
assess the visual impacts of development projects located outside of a CSP visual
corridor. This City Council policy establishes the criteria to be used to determine
the location of the “viewing station” in areas located outside of a specified view
corridor from which the visual impacts of proposed projects shall be assessed in
order to maximize the protection of vistas and views within the Coastal District.
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CITY COUNCIL POLICY
NUMBER: 50
DATE ADOPTED/AMENDED: 11/4/14
SUBJECT: Anonymous Fraud, Waste and Abuse Hotline
INTRODUCTION
The City of Rancho Palos Verdes (“City”) is committed to protecting its assets
against fraud, waste and abuse. Accordingly, it is the policy of the City to identify
and promptly investigate any potential fraudulent, wasteful or abusive activities that
impact the City’s finances, personnel (Human Resources) or the public’s assets
and, when appropriate, to pursue legal remedies available under the law.
To accomplish this purpose, the City will provide a Fraud, Waste and Abuse Hotline
(“Hotline”) with the primary objective to provide a procedure for members of the
public, employees, elected/appointed officials, or other persons to confidentially
report (1) any fraudulent, wasteful or abusive activities that impact the City’s
finances, personnel (Human Resources) or the public’s assets and (2) violations of
all federal or state laws and regulations relating to finances, personnel (Human
Resources) and/or the public’s assets.
DEFINITIONS
Appointed Official
Members of the public appointed by elected officials to serve on City committees,
City task forces and/or City commissions.
Case Manager
Every complete Hotline Report shall be immediately forwarded to a designated
“Case Manager”. Every Hotline Report that is validated by the Case Manager as
being within the scope of this Policy shall also be forwarded to the City Attorney
who shall ensure that every validated Hotline Report is investigated without conflict
or bias. The Case Manager shall be sufficiently trained to evaluate the validity and
urgency of the Report and may review any Hotline Report with the City Attorney
and City Manager, as appropriate, to determine if further investigation is warranted.
Depending on the subject matter of the Hotline report, the Case Manager could be
a City employee or an independent third-party. The Case Manager and/or City
Attorney and/or City Manager shall determine whether certain Hotline Reports
warrant immediate action and, if so, shall take such action, including providing the
Hotline Report to any appropriate law enforcement and/or government agencies.
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Case Reporting System
The Hotline Administrator shall provide a web-based interface to its secured
database to enable authorized Case Managers, the City Manager, the City
Attorney, and Investigators access to view and update cases, including
attachments to reports, evidentiary documents, and case status reports.
Complainant
The person(s) filing a complete Hotline Report is the “Complainant”. At all times,
information disclosed through the Hotline, including the identity of any anonymous
Complainant and any parties identified by the person(s) making the Hotline Report
are to remain confidential in accordance with the California Government Code.
Contractor
An independent person or company that provides materials or labor or performs a
service for the City pursuant to a contract.
Elected Official
A member of the City Council.
Employee
Any individual who receives compensation, whether full or part-time, from the City.
Fraud, Waste and Abuse
Fraud, waste and abuse shall be defined in accordance with California
Government Code Section §53087.6 as follows:
“Any activity by a local agency or employee that is undertaken in the
performance of the employee's official duties, including activities
deemed to be outside the scope of his or her employment, that is in
violation of any local, state, or federal law or regulation relating to
corruption, malfeasance, bribery, theft of government property,
fraudulent claims, fraud, coercion, conversion, malicious
prosecution, misuse of government property, or willful omission to
perform duty, is economically wasteful, or involves gross
misconduct.”
Fraud, Waste and Abuse Hotline Administrator
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The City shall retain a Hotline service provider (“Hotline Administrator”) that shall
facilitate the receipt of Hotline reports. Reports may be made anonymously
(confidentially) at the discretion of the complainant. The Hotline Administrator shall
provide hotline services, including, but not limited to: (1) operating a telephone call
center, staffed 24/7 by competent, trained personnel; (2) forwarding hotline reports
to a designated Case Manager; (3) maintaining a secure database for all reports
submitted; (4) providing status updates to complainants, upon request; and (5)
providing status and analytical reports to be used by Case Managers,
management, elected officials and the public, as appropriate.
The phone number for the Hotline and the website URL address for the Hotline
shall be prominently displayed on the City’s website and other appropriate methods
of public outreach will be implemented.
Hotline Report
Every complete report submitted to the Hotline via its “live” telephone call center
and/or its web-based reporting system shall constitute a Hotline report (“Hotline
Report”).
Investigator
The investigation of a Hotline Report will be conducted without conflict or bias by a
person(s) or organization (“Investigator”) experienced in municipal government.
The Investigator shall be selected by the Case Manager, the City Manager and/or
the City Attorney in accordance with this Policy. There might be times when the
complexity and risk associated with some Hotline Reports could require additional
resources or experts currently not available within the City who may be utilized to
assist in the investigation, oversee the investigation, or to conduct an independent
review. These third-party experts may include, but are not limited to: the Case
Manager, an independent CPA, an independent auditor, specialized labor counsel,
a Certified Fraud Examiner, or an independent legal expert.
Validated Report
A Hotline Report made pursuant to this Policy that alleges fraudulent, wasteful or
abusive activities that impact the City’s finances, personnel (Human Resources) or
the public’s assets that has been reviewed by the Hotline Administrator and Case
Manager and deemed a report that is covered by this Policy and which requires
further review.
Volunteer
A person who voluntarily offers unpaid services to the City.
POLICY:
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This policy is established to ensure members of the public, elected officials,
committee and commission members, volunteers, and employees are aware of the
following:
1. Acts that are considered to be fraudulent, wasteful or abusive;
2. Procedures for reporting suspected fraudulent, wasteful or abusive acts;
and
3. Steps to be taken when fraud, waste, abuse, or other related activities are
suspected;
4. The responsibility of City officials and employees to institute and maintain a
system of internal controls to prevent and detect fraud, waste and abuse as
set forth in this Policy.
APPLICABILITY OF POLICY
This Policy applies to all contractors, volunteers, employees, elected officials, and
members of the City’s committees and commissions regarding potential fraudulent,
wasteful or abusive activities.
This scope of this Hotline policy does not include reports/inquires that deal with
customer service requests. The City currently has a “Non-Emergency Customer
Service Requests” portal on its website that is designed to address
incidents/inquiries that allow users to submit a report that is not related to personnel
matters nor acts of fraud, waste and abuse. The process in its current form,
requires a user to complete a form on the City’s website. From there, it would be
routed to the City Manager or appropriate department where appropriate action
would be taken.
Examples of reports/inquiries that would not fall under the purview of the Fraud
Hotline, but would be appropriate for the Non-Emergency Customer Service
Requests” portal would include, but not limited to:
Fallen trees
Graffiti
How to obtain a copy of a document
Potholes
Questions about renting park sites
Street signs downed
Neighbor disputes
CONFIDENTIALITY
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All information disclosed through the Hotline, including the identity of anonymous
person(s) making the Hotline Report, and the parties identified by the person(s)
making the Hotline Report, are to be held in confidence in accordance with Section
§53087.6 of the California Government Code as follows:
“The identity of the reporting individual may not be disclosed without
written permission of that person, unless the disclosure is to a law
enforcement agency that is conducting a criminal Investigation. Id.,
subd. (e)(1). Accordingly, the procedures for receiving complaints
must be tightly controlled, and the City staff responsible for complaint
intake must be absolutely trustworthy.”
PROCEDURES
It is the City’s intent to fully investigate every validated Hotline Report objectively.
A. City officials and employees are responsible for the detection, reporting and
prevention of fraud, waste and abuse, as set forth in this Policy.
B. The Case Manager has the primary responsibility for the complete
investigation of all validated reports as defined in this Policy.
C. Throughout the Investigation, the Case Manager may inform the City
Manager, City Attorney, HR Manager, Department Director(s), any required
experts, and the Audit Committee, as appropriate, of pertinent investigative
findings.
D. When informed of a Hotline Report relating to City personnel, neither the
City nor any person acting on behalf of the City shall reach any final
determination with regard to the merits of the Report until any related
investigation is completed.
E. The City shall not take any retaliatory action against any individual who
makes a Report.
F. Upon conclusion of the investigation, the results will be reported by the
Case Manager and/or Investigator to the City Manager and City Attorney,
as appropriate. The results may also be reported to Department Director(s),
HR Manager, independent third-party expert and/or the City’s independent
auditors and the Audit Committee.
G. The City Council, as appropriate, City Manager, or designee, following
review of the investigation results and findings, shall take appropriate action
regarding misconduct. Disciplinary action may include: suspension,
termination of employment, and where appropriate, referral of the case to
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an appropriate law enforcement agency and District Attorney’s Office for
possible investigation and prosecution.
H. The City will pursue every reasonable effort, including court ordered
restitution, to obtain recovery of City losses from the offender, or other
appropriate sources.
AUDIT COMMITTEE RESPONSIBILITIES
The City Council established an Audit Committee in accordance with City Council
Policy Number 44. The Audit Committee shall be responsible for ensuring this
Policy is properly implemented and that procedures exist and are being followed
with regards to the receipt, retention, treatment and appropriate resolution of
Hotline Reports. The Audit Committee shall meet quarterly over the first year of
implementation of the Fraud, Waste, and Abuse Hotline in order to review
summary reports on Hotline usage and case resolution. Thereafter, the Audit
Committee shall meet at least annually to monitor the ongoing Hotline utilization.
CITY OFFICIAL AND COMMISSIONER RESPONSIBILITIES
A. If a City Council member or commission/committee member has reason
to suspect an incident of fraud, waste and abuse has occurred, he or she
shall immediately contact either the City Manager, City Attorney, City’s
independent auditor, when applicable, or immediately submit a Hotline
Report.
B. The City Council member or commission/committee member shall not
attempt to personally investigate or interfere with Hotline Reports.
C. Hotline Reports, or investigations thereof, shall not be discussed with the
media or any member of the public other than through the Mayor or City
Manager in consultation with the City Attorney.
EMPLOYEE RESPONSIBILITIES
A. Employee’s (both management and non-management) responsibilities for
this Policy include, but are not limited, to the following:
i. All employees are responsible for being alert to, and reporting
alleged fraud, waste, and abuse in accordance with this Policy.
ii. Employees should support the City’s responsibilities and
cooperate fully with the Investigator, other involved departments,
and law enforcement agencies in the detection and reporting of
criminal acts, including the prosecution of offenders.
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iii. Employees must give full and unrestricted access to all necessary
records to the Investigator and Case manager. All City
assets and property, including desks and computers, are open to
inspection at any time by authorized personnel.
INVESTIGATOR RESPONSIBILITIES
A. The Investigator will promptly investigate the Hotline Report.
B. If evidence is uncovered showing possible fraudulent, wasteful, or abusive
activities, the Investigator shall perform the following:
i. Discuss the findings with the Case Manager, City Manager, City
Attorney and/or independent third-party expert, and/or Department
Directors and/or the HR Manager.
ii. If applicable, report such activities to the independent third-party
expert, City’s independent auditor and the Audit Committee in order
to evaluate the impact of the illegal activity upon the City’s
financial statements.
iii. Take immediate action, in consultation with the City Attorney, City
Manager and Case Manager, to prevent the theft, alteration, or
destruction of evidentiary records. Such action shall include, but
is not limited to:
(a) Removing the records and placing them in a secure
location, or limiting access to the records.
(b) Preventing the individual suspected of committing the fraud
from having access to the records.
C. If the Investigator is contacted by the media regarding an alleged fraud
or audit investigation, the Investigator will consult with the City Manager
and City Attorney who shall collectively determine the appropriate
person to respond to the media request for the information or interview.
D. At the conclusion of the investigation, the Investigator will document the
results in a confidential memorandum report, as appropriate.
E. The Investigator may make recommendations to the appropriate
department for assistance in the prevention of future, similar
occurrences.
F. Upon completion of the investigation (including all legal and personnel
actions), all records, documents, and other evidentiary material obtained
from the department under investigation will be returned by the
Investigator to the Human Resources Department.
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ACTION
This Policy is effective on the date approved by the City Council.
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CITY COUNCIL POLICY
NUMBER: 51
DATE ADOPTED/AMENDED: 2/3/15
SUBJECT: Designation of Qualified Historic Buildings or Properties
POLICY:
To protect the integrity of significant historic resources in the City when
modifications are voluntarily sought to modernize such resources by a property
owner, the City Council may, at its discretion, designate a building or property as
a “Qualified Historic Building or Property,” solely for the purpose of applying the
California State Historic Building Code (California Code of Regulations, Title 24,
Part 8) to the review and permitting of such modifications. Designation as a
“Qualified Historic Building or Property” shall not confer upon the property or
property owner any additional rights or benefits beyond eligibility to apply the
California State Historic Building Code. More specifically, designation as a
“Qualified Historic Building or Property” shall not have the effect of conferring upon
the property or property owner any rights to property tax relief pursuant to the Mills
Act (Government Code Section 50280, et seq. and Revenue and Taxation Code
Section 439, et seq.).
The City Council shall designate a “Qualified Historic Building or Property” by
resolution. In so doing, the City Council shall find that the building or property
qualifies for such designation based upon evidence presented for the City
Council’s consideration. In order to qualify for designation, said evidence must
demonstrate that the building or property qualifies pursuant to at least two (2) of
the following criteria, which are derived from California Public Resources Code
Section 5024.1:
1. Buildings or properties associated with events that have made a significant
contribution to the broad patterns of California's history and cultural
heritage.
2. Buildings or properties associated with the lives of persons important in the
City’s past.
3. Buildings or properties that embody the distinctive characteristics of a type,
period, region, or method of construction, or represents the work of an
important creative individual, or possesses high artistic values.
4. Buildings or properties that have yielded, or may be likely to yield,
information important in prehistory or history.
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5. Buildings or properties eligible for or listed on the National Register of
Historic Places.
6. State historic landmarks.
7. Points of historic interest.
8. Individual historic resources.
9. Historical resources contributing to the significance of an historic district.
In addition to the above-mentioned criteria, any building or property currently
designated as a historic site by the Rancho de Los Palos Verdes Historical Society
shall qualify for designation at as “Qualified Historic Building or Property” by the
City Council.
In order for a building to be designated pursuant to this policy, it shall not have
been constructed less than seventy-five (75) years prior to the City Council’s
action.
BACKGROUND:
The City of Rancho Palos Verdes still contains a few examples of the early
residential development of the Palos Verdes Peninsula. These include homes and
other structures built during the early 20th Century under the development plans
originally envisioned by Frank A. Vanderlip, Jr. Many of these structures pre-date
the adoption of the State’s first building code in 1929. When current owners decide
to upgrade these structures to modern standards, they may be faced with a difficult
choice between maintaining the historical integrity of the structure and complying
with modern building codes. In order to address this dilemma, California has
adopted the State Historic Building Code (SHBC), which may be applied to
“Qualified Historic Buildings or Properties.” The SHBC requires a “Qualified
Historic Building or Property” to be “deemed of importance to the history,
architecture, or culture of an area by an appropriate local or state governmental
jurisdiction.” [emphasis added] Therefore, this policy has been enacted in order
to provide the City Council with a policy through which to make such designations
on a case-by-case basis.
This policy only confers the right to utilize the State Historic Building Code Building
for the review and permitting of modifications to existing “Qualified Historic
Buildings or Properties.” It does not exempt new construction from the
requirements of the most-recently adopted version of the State Building Code. It
also does not entitle qualifying properties to property tax relief or other financial
incentives.
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Rancho de los Palos Verdes Historical Society and Museum Map of Designated Historic Sites (1993) A-114
CITY COUNCIL POLICY
NUMBER: 52
DATE ADOPTED/AMENDED: 6/2/15
SUBJECT: Debt Management Policy
POLICY:
The City has no outstanding debt. The City has a long history of balanced budgets
and prudent financial management. The City has healthy cash reserves; and a
systematic approach to plan for future rehabilitation of capital facilities, such as
roadways and storm drains. It is a best practice to develop a debt management
policy to be used as a framework in the event that the City considers the issuance
of debt in the future.
The Debt Management Policy is a comprehensive document establishing a
rigorous process for the issuance and management of debt. The basic principles
of the Debt Management Policy follow, and are described in greater detail in the
attached document.
1. It shall be the City’s policy to undertake debt only when the City determines
that the project revenues or specific financial resources will be available and
sufficient to service the debt over its life.
2. Debt will be considered for a capital project only when other forms of financing
or internal funding have been exhausted; and debt will not be issued for periods
exceeding the useful life of the project to be financed.
3. In the case of debt serviced solely from the City’s General Fund, the City will
observe a guideline of 5% of annual revenue as the maximum permissible level
for General Fund resources committed to the repayment of debt.
4. Before issuing lease revenue debt or financing leases, the City will determine
that the proposed facility is both necessary and desirable, and that no other
financing method is practical to finance it.
5. All direct or indirect debt proposals will be presented to the City’s Finance
Advisory Committee for deliberation and recommendation prior to review of the
City Council.
6. Action taken by the City Council to incur debt will be taken as a regular business
item, and at a regular or special City Council meeting, consistent with state law.
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7. All debt issued by the City will include a written opinion by bond counsel
affirming that the City is authorized to issue the debt, and has met all statutory
requirements necessary for issuance; and the federal income tax status of such
debt.
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DEBT MANAGEMENT POLICY
PREAMBLE & EXECUTIVE SUMMARY ............................................................................................................................. 1
INTRODUCTION ............................................................................................................................................................... 4
CHAPTER ONE: PURPOSES AND USES OF DEBT ............................................................................................................... 5
SECTION 1: Capital Financing – In General.................................................................................................. 5
SECTION 2: Capital Planning ......................................................................................................................... 6
SECTION 3: Debt Limits ................................................................................................................................. 6
SECTION 4: Asset Life .................................................................................................................................... 7
SECTION 5: General Obligation Debt ............................................................................................................ 7
SECTION 6: Certificates of Participation or Financing Leases ...................................................................... 8
CHAPTER TWO: CREDITWORTHINESS OBJECTIVES ......................................................................................................... 9
SECTION 7: Credit Ratings ............................................................................................................................. 9
SECTION 8: Financial Disclosure, both Initial and Continuing ..................................................................... 9
CHAPTER THREE: DEBT STANDARDS AND STRUCTURE ................................................................................................ 10
SECTION 9: Term of Debt ............................................................................................................................. 10
SECTION 10: Debt Structure .......................................................................................................................... 10
SECTION 11: Amortization ............................................................................................................................. 10
SECTION 12: Subordinate Debt ..................................................................................................................... 11
SECTION 13: Variable Rate Debt .................................................................................................................. 11
SECTION 14: Non-traditional Financial Products ......................................................................................... 11
SECTION 15: Refunding (refinancing) ........................................................................................................... 11
SECTION 16: Short Term Borrowings ............................................................................................................ 12
SECTION 17: Credit Enhancements ............................................................................................................... 12
CHAPTER FOUR: DEBT ADMINISTRATION AND PROCESS .............................................................................................. 13
SECTION 18: Review by City’s Debt Management Committee ...................................................................... 13
SECTION 19: Investment of Bond Proceeds ................................................................................................... 13
SECTION 20: Costs and Fees ......................................................................................................................... 13
SECTION 21: Method of Sale ......................................................................................................................... 14
SECTION 22: Action to be Regular Business Item, Not on Consent Calendar ............................................... 14
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CHAPTER FIVE: ENGAGEMENT OF SERVICE PROVIDERS .............................................................................................. 15
SECTION 23: Underwriters ............................................................................................................................ 15
SECTION 24: Payment of Underwriter's Counsel Fees .................................................................................. 15
SECTION 25: Bond Counsel ........................................................................................................................... 15
SECTION 26: Disclosure Counsel .................................................................................................................. 16
SECTION 27: Financial Advisor ..................................................................................................................... 16
SECTION 28: Fiscal Agents, Paying Agents and Trustees ............................................................................. 16
SECTION 29: Compensation for Services ....................................................................................................... 17
SECTION 30: Selection Processes .................................................................................................................. 17
SECTION 31: Other Service Providers ........................................................................................................... 17
CHAPTER VII: OTHER POLICY ................................................................................................................................... 18
SECTION 32: Arbitrage Compliance .............................................................................................................. 18
SECTION 34: Internal Borrowings ................................................................................................................. 18
SECTION 35: Special District Financing ....................................................................................................... 19
APPENDIX A: GLOSSARY .............................................................................................................................................. 22
APPENDIX B: SPECIAL DISTRICT FINANCING PROCEDURES .......................................................................................... 36
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P REAMBLE & E XECUTIVE S UMMARY
The following debt policy was developed to establish a rigorous process for the issuance
and management of public and other forms of debt by the City of Rancho Palos Verdes
and its component units. The City debt policy is based on guidance provided by the
Government Finance Officers Association and the California Debt and Investment
Advisory Commission as well as generally accepted principles set forth in the financial
management literature for municipal governments.
The policy applies to all direct and other debt issued or contracted by the City, including
leases, debt guaranteed by the City, and revenue bonds issued by the City’s enterprises
or business type activities, as applicable. The Policy also applies to so-called no-
commitment debt of the City.
The City’s budget practices generally have been that (1) operating expenses should not
exceed operating revenues; (2) established reserves should meet minimum policy levels;
(3) “one-time” revenues should be used to fund nonrecurring expenditures; and (4) the
prioritization of capital projects should be accomplished through a “needs assessment”
undertaken as part of the formulation and development of the City’s Capital Improvement
Plan. The development of the Debt Policy will affect each of the items specified above.
The policy is divided into sections and sub-sections as outlined in the table of contents.
In general terms, it shall be the City’s policy to undertake debt only when the City
determines that the project revenues or specific financial resources will be available and
sufficient to service the debt over its life.
City debt will not be issued for periods exceeding the useful life or average useful lives of
the project or projects to be financed.
The policy also establishes guidance for internal, inter-fund and inter-affiliate borrowing.
Because financing leases are a form of debt, the City will determine that the proposed
leased facility or asset is both necessary and desirable, and that no other financing
method is practical to finance it, before entering into capital leases in amounts greater
than $25,000. The City will apply the tests set forth in the policy to such financing leases.
The City will seek to maintain the highest possible credit ratings for all categories of short-
and long-term public debt that can be achieved consistent with its mission and
responsibilities to the citizens of Rancho Palos Verdes.
The City will seek to structure debt with debt service costs over the life of the debt.
The policy establishes a Debt Management Committee, comprised of the City Manager,
the Finance Director and the City Attorney.
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P AGE 2
The Debt Management Committee shall advise the City Council, the Finance Advisory
Committee, and the various Departments of the City in all matters pertaining to the
issuance of debt.
All direct or indirect debt of the City will be presented to the City’s Finance Advisory
Committee for deliberation and recommendation prior to submittal to the City Council.
For all debt issuance, the City will require that the action taken by the City Council to incur
the debt will be taken as a regular business item, and at a regular or special City Council
meeting, consistent with state law.
The City may engage an underwriter for a negotiated sale of debt through a competitive
process administered by the City's Finance Department based on the prior
recommendation of the City’s Debt Management Committee and the City’s Finance
Advisory Committee.
All debt issued by the City will include a written opinion by bond counsel affirming that the
City is authorized to issue the debt, stating that the City has met all statutory requirements
necessary for issuance, and the federal income tax status of such debt.
Bond counsel will be selected by the City Council based on the prior recommendation of
the City’s Debt Management Committee.
While engagement of a financial advisor on each City debt issue is not required, it is
strongly encouraged by this policy.
The City may engage an external financial advisor for a debt issue through a competitive
process administered by the City's Finance Department based on the prior
recommendation of the City’s Debt Management Committee.
Any unsolicited financing proposal to a City department, agency, affiliate or employee
involving a pledge or other extension of the City's credit through a sale of securities,
execution of loans or leases, marketing guarantees, or otherwise involving directly or
indirectly the pledging of the City's credit, shall be referred to the Finance Department for
review by the City’s Debt Management Committee prior to submittal to the City Council
for approval. All such proposals shall be consistent with the intent of the Municipal Advisor
Rules of the U.S. Securities and Exchange Commission, Rules 15Ba1-1 through 15Ba1-
8, and Rule 15Bc4-1, which became final in early 2014.
The SEC’s Municipal Advisor Rules imposes a registration process upon municipal
advisors, firms that give advice absent an exemption or exclusion to municipal entities
and obligated persons, and imposes a fiduciary duty upon municipal advisors that give
advice to municipal entities. The Municipal Securities Rulemaking Board imposes
additional requirements and prohibitions on the conduct of municipal advisors.
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P AGE 3
Brokers, dealers, and other financial institutions (“financial services firms”) that seek to
enter into principal transactions with municipal entities or obligated persons generally
cannot give advice unless they qualify for an exemption or exclusion to the SEC’s
Municipal Advisor Rules. One such exclusion to the rule for financial services firms is
when the municipal entity or obligated person has an independent registered municipal
advisor. Accordingly, so long as the City is represented by an independent municipal
advisor, the following statement will be furnished to any such financial service firm
seeking to assist the City in the issuance of municipal securities, purchase of municipal
financial products or the investment of bond proceeds. This enables the financial services
firm to document their compliance with an exclusion to the rule, which would permit the
firm to give advice to the City as a municipal entity or obligated person.
The statement will be deemed to have been delivered to any such financial services firm
upon posting on the City’s web site with the following introductory language: By publicly
posting the following written disclosure, the City of Rancho Palos Verdes intends that
market participants receive and use it for purposes of the independent registered
municipal advisor exemption to the SEC Municipal Advisor Rules.
[DATE]
The City of Rancho Palos Verdes has retained an independent registered municipal
advisor. The City is represented by and will rely on its municipal advisor, [name of
municipal advisory firm here], to provide advice on proposals from financial services firms
concerning the issuance of municipal securities and execution of municipal financial
products (including investments of bond proceeds and escrow investments). This
certificate may be relied upon until [date on which advisory contract terminates or earlier].
Proposals may be addressed to the City to the attention of the Finance Director or City
Manager, at 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275. If the proposal
received will be seriously considered by the City, the City will elect when and how to share
the document with its municipal advisor. Please note, that aside from correspondence
required by regulation or law between an underwriter and municipal advisor, the
underwriter should not speak directly with or send documents directly to the municipal
advisor unless specifically directed to by the City.
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P AGE 4
I NTRODUCTION
The following debt policy (herein, the “Policy”) was developed to establish a rigorous
process for the issuance and management of debt by the City and its affiliated units.
The primary objective is to create procedures and a policy that minimize the City's debt
service and issuance costs, retain the highest practical credit rating, and maintain full and
complete financial disclosure and reporting.
The Policy applies to all direct and other debt issued or contracted by the City including
leases, debt guaranteed by the City, general obligation and revenue bonds issued by the
City. The Policy also applies to so-called no commitment debt of the City. The City
presently does not have any “no commitment” debt, but has been approached from time
to time to create such debt.
A debt policy can be an important tool to insure the sound use of the City's resources to
meet its mission and responsibilities to the citizens of Rancho Palos Verdes and to
maintain sound financial management practices. The Policy is a guideline for general use,
application, and to lead to informed decision making by the City Council.
In order to use the Policy properly, they must be applied in the context of the City’s overall
budget and fiscal policies.
The City’s budget practices generally have been that:
1. Operating expenses shall not exceed operating revenues;
2. Established reserves shall meet minimum policy levels;
3. “One-time” revenues shall be used to fund nonrecurring expenditures; and,
4. The prioritization of capital projects shall be accomplished through a “needs
assessment” undertaken in the formulation and development of the City’s Capital
Improvement Plan.
The Policy is divided into discrete sections and sub-sections as outlined in the Table of
Contents.
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P AGE 5
C HAPTER O NE: P URPOSES AND U SES OF D EBT
SECTION 1: CAPITAL F INANCING – I N G ENERAL
The City normally will rely first on internally generated funds and/or grants and
contributions from other governments to finance its capital needs.
Debt will be considered for a capital project only when other forms of financing or internal
funding have been exhausted.
Debt shall not, in general, be used for projects solely because insufficient funds are
budgeted at the time of acquisition or construction of a capital asset. Exceptions to this
policy would be those instances in which the City is responding to an immediate
emergency affecting the health and welfare of its citizens, or for the protection of public
property or interests.
Debt will only be undertaken when the project revenues or specific resources will be
available and sufficient to service the debt over its entire life.
Debt financing will not be considered appropriate for any recurring purpose such as
operating or maintenance costs.
Capital improvements should be financed primarily through user fees, service charges,
assessments, special taxes or developer exactions so long as the benefits the City will
derive from such improvements can be attributed to the users of the improvements.
Moreover, the City will specifically consider the lifecycle costs associated with any asset
acquired with borrowed money in order to determine that the above funding sources are
adequate to service the proposed debt and cover future costs.
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P AGE 6
The City will evaluate the use of debt in-lieu of “pay-as-you-go” financing based on the
following criteria:
Factors Favoring “Pay-as-You-Go”
Financing:
Factors Favoring Use of Debt:
1. current reserves or project revenues
are adequate to fund the project;
1. revenues are deemed to be stable and
reliable enough to support the
proposed debt at investment grade
rating levels;
2. proposed debt levels would have a
deleterious effect on the City’s credit
position or rating;
2. the nature of the financed project will
support investment grade ratings;
3. credit market conditions are unstable or
present difficulty in marketing the
proposed debt.
3. credit market conditions present
favorable interest rates and demand for
financings such as the City’s;
4. the proposed project is required by the
state or federal government and present
resources are insufficient or unavailable
to fund the project;
5. the proposed project is immediately
required to meet or relieve capacity
needs and current resources are
insufficient or unavailable;
6. the estimated useful life of the asset to
be financed is greater than 5 years.
SECTION 2: CAPITAL P LANNING
To enhance creditworthiness and prudent financial management, the City is committed
to systematic capital planning, intergovernmental cooperation and coordination, and
realistic long-term financial planning.
SECTION 3: DEBT L IMITS
The City will keep outstanding debt within the limits prescribed by State statute and at
levels consistent with its creditworthiness objectives.
In the case of debt serviced solely from the City’s General Fund, the City will observe a
guideline of 5% of annual revenue as the maximum permissible level for General Fund
resources committed to the repayment of debt.
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P AGE 7
SECTION 4: ASSET L IFE
The City will consider long-term financing for the acquisition, maintenance, replacement,
or expansion of physical assets (including land) only if they have a useful life of at least
five years.
City debt will not be issued for periods exceeding the useful life or average useful lives of
the project or projects to be financed.
SECTION 5: GENERAL O BLIGATION D EBT
General obligation bonds typically provide the lowest borrowing costs for most major
public assets.
The use of a general obligation pledge usually eliminates the need for a bond reserve
and due to its high credit quality and the ability to levy a tax to repay it, produces borrowing
terms and costs unavailable through other methods.
Moreover, since the source of repayment of a general obligation bond is from proceeds
of general taxes, the City’s operating funds and its operating position are not impacted by
the issuance of general obligation bonds. Though the use of the term “general obligation
bond” implies that the City’s “full faith and credit” would be pledged to the repayment of
the bond, the bond is actually repaid from an ad valorem tax on real property. Cities in
California may issue general obligation bonds only for the purpose of acquiring or making
improvements to real property.
Article XIII of the California Constitution requires that general obligation bonds be
submitted to the voters for approval and that the issuance of such bonds be approved by
a two-thirds majority vote.
Accordingly, it shall be the City’s policy to issue general obligation bonds only for such
purposes and then only when the acquisition, improvement, or construction of the
proposed real property will provide benefits to the community.
The City recognizes that the imposition of a property tax does not occur in isolation and
that the capacity of property taxation is limited by demands that may be placed on the
owners of such property by other levels of government, including the Palos Verdes
Peninsula Unified School District, the County of Los Angeles, and other overlapping
agencies. Prior to considering imposition of a property tax to support a general obligation
bond, the City’s Debt Management Committee will obtain and analyze an overlapping
debt statement to determine the level of indebtedness being supported by property
owners within the City to determine whether the proposed additional tax will create
irregular or unnecessary burdens on the City’s property owners.
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P AGE 8
SECTION 6: CERTIFICATES OF P ARTICIPATION OR FINANCING L EASES
Before issuing lease revenue debt or financing leases, the City will determine that the
proposed facility is both necessary and desirable, and that no other financing method is
practical to finance it.
The City may use lease revenue debt or financing leases for those projects that must be
financed at a time or in a manner which do not permit the use of general obligation bonds.
The City shall only use lease revenue debt or financing leases: (1) if the project to be
financed will generate positive net revenues after debt service; (2) if the project will reduce
City operating costs; (3) if an equal or greater amount of non-City matching funds will be
lost if City’s lease revenue or financing lease funds are not applied in a timely manner;
or, (4) if the project to be financed is greater than $5,000,000 and no other practical means
of financing the project is available.
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P AGE 9
C HAPTER T WO: C REDITWORTHINESS O BJECTIVES
SECTION 7: CREDIT R ATINGS
The City will seek to maintain the highest possible credit ratings for all categories of short-
and long-term public debt that can be achieved consistent with its mission and
responsibilities to the citizens of Rancho Palos Verdes.
The City recognizes that there is a direct correlation between the credit rating it achieves
and the cost of borrowing.
Therefore, generally, the City will seek to acquire and maintain a minimum of an
investment grade rating on all of its direct debt.
The City recognizes that external economic, natural, or other events may from time to
time affect the creditworthiness of its debt.
Nevertheless, the City is committed to ensure that actions within its control are prudent
and consistent with the rating and creditworthiness objective set forth in this Policy.
SECTION 8: FINANCIAL D ISCLOSURE, BOTH I NITIAL AND C ONTINUING
The City is committed to full and complete financial disclosure, and to cooperating fully
with rating agencies, institutional and individual investors, City departments, affiliates,
agencies, other levels of government, and the general public to share clear,
comprehensible, and accurate financial information.
The City is committed to meeting secondary disclosure requirements as set forth in
Securities and Exchange Commission Rule 15c2-12, and its amendments, on a timely
and comprehensive basis. Rule 15c2-12 requires broker-dealer firms, when underwriting
certain types of municipal securities, to require the issuer to provide certain information
to the Municipal Securities Rulemaking Board about the securities on an ongoing basis.
Such continuing disclosure normally requires the following: financial information and
operating data of the issuer (or other obligated persons); audited financial statements of
the issuer or other obligated persons, if available; and, certain specific “event” disclosures
the occurrence of which would cause the value of the municipal securities to change
adversely or which would affect the probability of prompt repayment of the municipal
securities.
The Finance Department is designated as the responsible party for compliance with
disclosure standards promulgated by state and national regulatory bodies and for
compliance with continuing disclosure requirements required by contractual
arrangements necessary to comply with Rule 15c2-12.
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C HAPTER T HREE: D EBT S TANDARDS AND S TRUCTURE
SECTION 9: TERM OF D EBT
Debt will be structured for the shortest period consistent with a useful life or benefit period
of facilities or assets financed with the proceeds of such debt.
SECTION 10: DEBT S TRUCTURE
Debt will be structured to achieve the lowest possible net cost to the City given market
conditions, the urgency of the capital project, and the nature and type of security provided.
Moreover, to the extent possible, the City will design the repayment of its overall debt to
recapture rapidly its credit capacity for future use.
To accomplish the recapture and preservation of its future credit capacity, the City shall
strive to repay at least 20 percent of the principal amount of its general fund supported
debt within five years and at least 40 percent within ten years because these measures
are used by the major national credit rating agencies to determine the creditworthiness of
the City.
In applying the 20% and 40% tests, the debt repayment amounts are cumulative, that is,
the goal is to have each of the City’s debt issuances to achieve a reduction in principal of
20% at the five-year mark and 40% at the ten-year mark.
Individual issues may be structured using either serial bonds or term bonds.
In the case of issues structured with term bonds, the City will use a sinking fund to retire
the term bonds. A sinking fund is the mechanism whereby money is accumulated on a
regular basis in a separate account for the purpose of redeeming the term bonds when
due.
Principal repayment will commence during the fiscal year in which the financed asset is
completed or is substantially available to the City.
Capitalized interest may be used in the City’s debt structures, but only to the extent
necessary to accommodate the deferral of principal to the point of substantial availability
to the City.
SECTION 11: AMORTIZATION
The City will seek to structure debt with level principal and interest costs-over the life of
the debt.
So-called "back-loading" of debt service (repaying less at the beginning of the repayment
term) only will be considered when such structuring will allow debt service to more closely
match project revenues during the early years of the project's operation.
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In the case of an issue structured with term bonds and a sinking fund, the City’s policy
will be to retire the term bonds in substantially level fashion over each year of the life of
the sinking fund unless the factors described above apply.
SECTION 12: SUBORDINATE D EBT
The City shall issue subordinate lien debt only if it is financially beneficial to the City and
is consistent with the City’s creditworthiness objectives as set forth in this Policy under
the caption, “Credit Ratings.” Generally, subordinated debt is that debt that has a lien
position on an asset or revenue stream that is junior in position to other debt issues.
Examples could include leases that are junior in payment obligation to senior leases.
SECTION 13: VARIABLE R ATE D EBT
The City may choose to issue securities that pay a rate of interest that varies according
to pre-determined formula or results from a periodic remarketing of the securities,
consistent with state law and covenants of pre-existing bonds, and depending on market
conditions.
The City may elect to control its interest rate exposure on variable rate debt using financial
products designed to offset such risks, but only upon the express approval of the City
Council after an affirmative recommendation from the City’s Debt Management
Committee.
SECTION 14: NON-TRADITIONAL F INANCIAL P RODUCTS
The City will consider the use of non-traditional financial products on a case by case basis
and consistent with state law and financial prudence.
Examples of such non-traditional products include: interest rate swaps, interest rate caps
and collars, “synthetic” refunding transactions, float contracts and asset-backed
securities.
Use of non-traditional financial products will only be undertaken upon approval by the City
Council. Further, the use of such products must achieve an effective hedge of the risk
which the hedge is intended to offset on the date of the debt issuance.
SECTION 15: REFUNDING (REFINANCING)
Periodic reviews of all outstanding debt will be undertaken to determine refunding
opportunities. In general, the periodic reviews will occur at least annually.
Refunding will be considered (within federal tax law constraints) when there is a net
economic benefit of the refunding or the refunding is essential in order to modernize
covenants essential to the City’s financial or operating position.
In general, advance refunding for economic savings will be undertaken when significant
net present value savings can be achieved (net of the costs of refunding).
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Refunding with insignificant savings, or with negative savings, will not be considered
unless there is a compelling public policy objective.
The measurement of savings may, but is not required, to consider benefits to the City
from sources other than the proposed bond transaction, if deemed appropriate by the
City’s Debt Management Committee.
SECTION 16: SHORT T ERM B ORROWINGS
Use of short-term borrowing, such as bond anticipation notes (BANs), tax and revenue
anticipation notes (TRANs), tax-exempt commercial paper and other similar short-term
borrowing vehicles will be undertaken only if the transaction costs plus interest of the debt
are less than the cost of internal financing, or available cash is insufficient to meet working
capital requirements. For purposes of this policy, short-term is defined as any borrowing
with a stated maturity of 13 months or less.
The City will not employ the use of such borrowings solely for earning arbitrage profits.
SECTION 17: CREDIT E NHANCEMENTS
Credit enhancement (letters of credit, bond insurance, etc.) will be used to the extent that
net debt service on the bonds is reduced by more than the costs of the enhancement,
measured in present value terms.
In order to calculate the economic effectiveness of a credit enhancement, the City will
compare the present worth of the debt service required on the proposed transaction on
both an enhanced and unenhanced basis to determine the economic benefits of the
enhancement offered.
Credit enhancement that does not produce economic benefits, in present value terms,
will be considered only if acceptance of the enhancement directly furthers other City goals
and objectives.
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C HAPTER F OUR: D EBT A DMINISTRATION AND P ROCESS
SECTION 18: REVIEW BY C ITY’S D EBT M ANAGEMENT C OMMITTEE
No City Department, agency, or sub-unit shall incur any long-term debt (including lease
commitments) without the approval of the City Council.
All recommendations to the City Council from the Debt Management Committee shall
specify the purpose of the borrowing, any options for financing the project without
borrowing, and specific sources of payment of debt service.
The Debt Management Committee will be comprised of the City Manager, the Finance
Director, and the City Attorney.
The City Manager may appoint additional members to the Debt Management Committee
on an ad hoc basis as individual circumstances warrant.
The Debt Management Committee is authorized to provide advice to the City Council and
the Finance Advisory Committee.
The Finance Director has responsibility for the oversight and periodic review of this Policy;
and will recommend amendments to the Finance Advisory Committee and the City
Council when applicable law or best practices change, or upon request of the City
Manager or City Council.
All direct and indirect debt of the City and its component units will be presented to the
Finance Advisory Committee for deliberation and recommendation prior to submittal to
the City Council.
SECTION 19: INVESTMENT OF B OND P ROCEEDS
All general fund-supported and revenue bond proceeds shall be invested as part of the
City's consolidated pool, using appropriate trust fund accounting procedures, unless
otherwise specified by law or the controlling bond documents and approved in advance
by the City Treasurer.
Investments will be consistent with those authorized by existing state law and by the City's
investment policy.
It will also be the City’s policy to select investment advisors, if appropriate to the facts and
circumstances of an individual borrowing or borrowing program, on a basis similar to that
which it uses to engage investment advisors for its investment portfolio.
The City will execute the investment directives for bond proceeds through the applicable
trustee for such proceeds.
SECTION 20: COSTS AND F EES
All costs and fees related to issuance of bonds will be paid out of bond proceeds.
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In the case of no-commitment financings, the City may require prepayment of certain
costs and fees from the project applicant(s). These advanced fees and costs may be
collected pursuant to a deposit and cost reimbursement agreement prepared by the City
Attorney.
Under certain extraordinary circumstances, the City may authorize the expenditure of City
funds for the engagement of outside counsel or consultants for assisting the City with the
feasibility analysis of the contemplated no-commitment debt. It is intended that any
expenditure for such purposes would be in anticipation of, or reliance upon,
reimbursement by a project applicant for such expenses. Should the proposed debt issue
be abandoned prior to its completion, the City will retain any deposits or prepayments in
amounts necessary to insure that its costs, both direct and indirect, are fully recovered.
SECTION 21: METHOD OF S ALE
In general, City debt will be issued through a competitive bidding process.
Bids will be awarded on a true interest cost basis (TIC), providing other bidding
requirements are satisfied.
In such instances where the City deems the bids received through the competitive bidding
process to be unsatisfactory, it may, upon the prior authorization of the City Council, enter
into negotiation for sale of the securities.
Negotiated sales of debt will be considered in circumstances when the complexity of the
issue requires specialized expertise, when a change of underwriter may result in losses
(for example, changing the remarketing agent in mid-program for variable rate debt),
when the negotiated sale would result in substantial savings in time or money, or when
market conditions or City credit are unusually volatile or uncertain.
SECTION 22: ACTION TO BE R EGULAR B USINESS I TEM, N OT ON C ONSENT
CALENDAR
For all debt sales, the City will require that the action taken by the City Council to incur
the debt will be taken as a regular business item, and at a regular or special City Council
meeting, consistent with state law.
Generally, it shall be the City’s policy to submit the proposed debt issuance to the City’s
Finance Advisory Committee for a recommendation prior to submittal to the City Council.
When submitted to the City Council, the proposed debt issuance will be presented in a
study session wherever possible prior to submittal to the City Council as an action item.
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CHAPTER FIVE: ENGAGEMENT OF SERVICE PROVIDERS
SECTION 23: UNDERWRITERS
For all competitive and negotiated sales, underwriters will be required to demonstrate
sufficient financial strength and experience related to the debt.
The City may engage an underwriter for a negotiated sale of debt through a competitive
process administered by the City's Finance Department based on the prior
recommendation of the City’s Debt Management Committee.
The utilization of the underwriter for a particular bond sale will be at the discretion of the
City Council, pursuant to recommendation from the Debt Management Committee and a
written underwriting agreement.
The selection criteria for underwriters will require that the selected underwriter have
comprehensive municipal debt experience, experience with financial structuring
requirements consistent with the City’s needs, and strong distribution capabilities for
municipal securities.
SECTION 24: PAYMENT OF U NDERWRITER'S COUNSEL F EES
To control the integrity of the debt issuance process, the City has an interest to pay
underwriter’s counsel fees. City payments for underwriter’s counsel in negotiated sales
will be authorized by the City Manager, pursuant to the City’s purchasing ordinance, on a
case-by-case basis depending on the nature and complexity of the transaction and the
needs expressed by the underwriters.
SECTION 25: BOND C OUNSEL
The City will retain external bond counsel for all debt issues and such retainer will be
evidenced by a contract with the selected firm(s).
All debt issued by the City will include a written opinion by bond counsel affirming that the
City is authorized to issue the debt, stating that the City has met all statutory requirements
necessary for issuance, and determining the federal income tax status of such debt. Bond
counsel does not prepare disclosure documents.
Bond counsel will be selected by the City Council based on the prior recommendation of
the City’s Debt Management Committee.
The selection criteria will require comprehensive municipal debt experience and clearly
demonstrated skill and capabilities in the municipal bond sector and with the type of
financing proposed. Bond counsel fees are paid from proceeds of the debt. However,
on occasion, bond counsel will make some portion of its fees non-contingent on the sale
of bonds; which would then be paid directly from the City’s General Fund.
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SECTION 26: DISCLOSURE COUNSEL
In certain instances, the City may choose to engage the services of a disclosure counsel
for the purposes of assisting in the various aspects of the preparation of an official
statement, private placement memorandum or other form of offering, disclosure or
continuing disclosure document to be disseminated in connection with the sale of the
City’s debt. Disclosure counsel does not render an opinion regarding the legality and tax-
exempt status of the proposed debt.
In performing these services, the disclosure counsel is clearly representing the City, as
the issuer of the debt, and not the underwriter as well, as is the case where underwriter’s
counsel prepares such documents.
Disclosure counsel will be selected by the City Council based on the prior
recommendation of the City’s Debt Management Committee.
Because disclosure counsel is engaged by the City, the cost of disclosure counsel’s
services is typically paid from the proceeds of the debt issue, and may be structured as
hourly charges or fixed fees, depending on the circumstances.
SECTION 27: FINANCIAL A DVISOR
The utilization of the financial advisor for particular bond sales will be at the discretion of
the City Council on a case-by-case basis, based upon recommendation of the Debt
Management Committee. While engagement of a financial advisor on each City debt
issue is not required, it is strongly encouraged by this Policy.
The City may engage a financial advisor for a specific bond sale through a competitive
process administered by the City's Finance Department based on the prior
recommendation of the City’s Debt Management Committee.
The selection criteria for financial advisors will require that the selected financial advisor
have comprehensive municipal debt experience, experience with diverse financial
structuring requirements and strong pricing capabilities for determining the fairness of the
prices received by the City for its debt issues.
SECTION 28: FISCAL A GENTS, P AYING A GENTS AND T RUSTEES
The Finance Department will utilize a fiscal agent, paying agent or trustee on all City
indebtedness, as may be legally required by the type of debt instrument being used.
Exceptions will be permitted on equipment leases of a size, tenor, or character that would
make appointment of a trustee infeasible.
Fees for such services on outstanding bonds will be paid from the resources of the
department or program supporting the debt service on the instrument.
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SECTION 29: COMPENSATION FOR S ERVICES
Compensation for bond counsel, underwriter's counsel, financial advisors, and other
financial service providers will be consistent with industry standards. When compensation
arrangements are presented on a contingency basis, the City will take steps to ensure
that potential conflicts of interest are identified and fully disclosed before such
compensation arrangements are approved by the City Council.
SECTION 30: SELECTION P ROCESSES
The City Council shall make all final determinations of selection for underwriters, counsel,
and financial advisors based on the recommendation of the City’s Debt Management
Committee.
The determination will be made following an independent review of competitive bids or
responses to requests for proposals (RFPs) or requests for statements of qualifications
(RFQs).
The City’s Debt Management Committee will review the proposals or statements of
qualifications and make recommendations to City Council.
The City’s financial advisor(s) may also review underwriter proposals at the direction of
the Finance Director.
SECTION 31: OTHER S ERVICE PROVIDERS
The Finance Director shall have the authority to periodically select other service providers
(e.g., escrow agents, verification agents, trustees, arbitrage consultants, assessment
engineers, special tax consultants, investment advisors, etc.) as deemed necessary to
meet legal requirements and minimize net City debt costs.
The Finance Director may select firm(s) to provide such financial services related to debt
without a RFP or RFQ, consistent with City requirements, and pursuant to the
requirements of the purchasing ordinance and budget authorization.
A firm so selected must receive Finance Director written authorization to proceed before
undertaking any transaction or providing any service.
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CHAPTER VII: O THER P OLICY
SECTION 32: ARBITRAGE C OMPLIANCE
The Finance Department shall maintain a system of record keeping and reporting to meet
the arbitrage rebate compliance requirements of the Federal Tax Code.
SECTION 33: UNSOLICITED F INANCING P ROPOSALS
Any unsolicited financing proposal to a City department, agency, or employee involving
pledge or other extension of the City's credit through sale of securities, execution of loans
or leases, marketing or other guarantees, or otherwise involving directly or indirectly the
lending or pledging of the City's credit, shall be referred to the Finance Department for
review by the City’s Debt Management Committee prior to submittal to the City Council
for approval.
SECTION 34: INTERNAL BORROWINGS
If sufficient resources are available, liquidity will not be impaired, and a defined source of
repayment is available, the City will generally favor internal borrowings over external
borrowings for short-term liquidity purposes.
The Finance Department may undertake inter-fund borrowings and such borrowings will
be evidenced by a written memorandum or agreement specifying the tenor and terms of
the borrowing, including repayment terms, interest rates and calculations and procedures
for amendment and must have the approval of the City Council, except for fiscal year end
accounting entries that create temporary loans for financial statement presentation
purposes.
Any internal borrowing must be first coordinated with the responsible managing
department.
All such inter-fund borrowings will be reflected in the City’s accounting records as “due
to” and “due from” items respecting the funds and accounts borrowed from and loaned
to, respectively.
Inter-fund borrowing may bear interest at the rate being earned by the Local Agency
Investment Fund (“LAIF”) administered by the California State Treasurer’s Office.
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SECTION 35: SPECIAL D ISTRICT F INANCING
This section outlines parameters for the public financing of major public facilities through
the establishment of Assessment Districts and Community Facilities Districts. It
establishes the standards and criteria for the review of these proposed projects in order
to determine the feasibility of special district financing given the public policy direction of
the legislative body.
The City may encourage the development of commercial or industrial property that results
in significant public benefit to the City (i.e., increased jobs, property or sales tax revenues,
major public improvements).
The City Council may consider the use of Community Facilities Districts (CFDs) as well
as other financing methods to assist these types of development in the financing of public
facilities necessary to serve such projects using no-commitment debt.
POTENTIAL PUBLIC BENEFIT
Where, in the City's opinion, such development results in a significant public benefit,
public financing may be considered. Significant public benefit means that the project will
enhance the economic, social or cultural quality of life for the residents of the City; or, that
it will stimulate employment within the City; and, that such enhancement or employment
gain can be measured in a manner which permits the City to evaluate the risks and
rewards of acting as the issuer of no-commitment, special district debt to facilitate such a
development. Significant public benefit can be based on the City’s evaluation of the
availability of public access to the financed facility by the widest possible number of
residents of the City, depending on the context. Acceleration of the availability or a net
addition of public infrastructure in excess of that required by law or the City’s land use
policies could also produce significant public benefit. Such benefits arise from either the
installation or completion of public infrastructure assets prior to the time they might
otherwise be installed or from the additional assets that might be realized because of
being able to finance the project more efficiently.
Finally, the finding of significant public benefit can arise from the installation or acquisition
of a community asset which produces additional employment opportunities or which
produces environmental benefits as a direct or secondary result of its completion.
In circumstances where the financed improvements generate regional benefits, the
finding of significant public benefit will be easier than in those where the financed facilities
serve only a small number of residents.
GENERAL PROCEDURES
Facilities will be financed in accordance with the procedures of the Improvement Act of
1911 (“1911 Act”), the Municipal Improvement Act of 1913 (“1913 Act”), the Improvement
Bond Act of 1915 (“1915 Act”) or the Mello-Roos Community Facilities Act of 1982 (The
“Mello-Roos Act”).
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In compliance with Proposition 218, the 1996 California Constitutional Amendment known
as the “Right to Vote on Taxes Act,” voter approval is required to implement new or
increased taxes, assessments, fees and charges.
A simple majority is required for general taxes, assessments, charges and fees.
Special taxes require a two-thirds majority approval.
All special district bonds shall be issued in accordance with the 1911 Act or 1915 Bond
Act or the Mello-Roos Act of 1982 as determined to be appropriate for the proposed
financing by the City.
The proposed project must be consistent with the City's General Plan and have secured
appropriate land use entitlements from the City to allow for the development of the project.
A written request for special district financing should be initiated by the owners of the
property subject to payment of the assessments or special tax, as defined per statutory
requirements.
The funding of public facilities to be owned and operated by public agencies other than
the City will be considered on a case-by-case basis. If the proposed facilities are
appropriate for financing by an assessment district or community facilities district and are
consistent with approved land use plans for the property, the City shall consider entering
into a joint community facilities agreement or other applicable agreement with such other
public agency in order to finance these facilities.
Such an agreement with the public agency that will own and operate any such facility
must be entered into prior to the adoption of the resolution of formation for any
assessment district or community facilities district.
In general, the financing of public facilities that are owned and operated by the City will
have priority over public facilities to be owned by another public agency; however, the
City has the final determination as to the eligibility of any public facility for financing, as
well as the prioritization of the financing of such facilities.
The Debt Management Committee shall review all special district financing applications
prior to the presentation of a district formation petition to the City Council.
All costs incurred by the City in the evaluation of applications for special district financing
and the proceedings to form either an assessment district or a community facilities district
and to issue bonds therefor will be paid by the applicant by advance deposit with the City
in an amount or amounts deemed sufficient by the City to pay all such costs.
The assessment engineer, appraiser, bond counsel, financial advisor, special tax
consultant, underwriter, and other necessary professional and technical advisors shall be
selected and retained by and shall be accountable to the City.
The obligation of the applicant shall be memorialized in an agreement between the
applicant and the City in a form and substance satisfactory to the City. Specific
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application procedures for Special District Financing have been included in Appendix B
of this policy document.
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A PPENDIX A: G LOSSARY
AD VALOREM TAX
A tax calculated "according to the value" of property. Such a tax is based on the assessed
valuation of real property and, in certain cases, on a valuation of tangible personal
property. In most jurisdictions, the tax is a lien on the property enforceable by seizure and
sale of the property. General restrictions, such as overall restrictions on rates, or the
percent of charge allowed, sometimes apply. As a result, ad valorem taxes often function
as the balancing element in local budgets.
ADVANCE REFUNDING
A procedure whereby outstanding bonds are refinanced by the proceeds of a new bond
issue more than 90 days prior to the date on which outstanding bonds become due or are
callable. Generally, either the entire outstanding issue is refunded (full refunding) or only
the callable bonds are refunded (partial refunding). Typically, an advance refunding is
performed to take advantage of interest rates that are significantly lower than those
associated with the original bond issue.
At times, however, an advance refunding is performed to remove restrictive language or
debt service reserve requirements required by the original issue.
(See also “CURRENT REFUNDING”)
AMORTIZATION
The planned reduction of a debt obligation according to a stated maturity or redemption
schedule.
ARBITRAGE
The gain that may be obtained by borrowing funds at a lower (often-tax-exempt) rate and
investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by
issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986,
as amended.
ASSESSED VALUATION
The appraised worth of property as set by a taxing authority through assessments for
purposes of ad valorem taxation. The method of establishing assessed valuation varies
from state to state, with the method generally specified by state law. For example, in
certain jurisdictions, the assessed evaluation is equal to the full or market value of the
property; in other jurisdictions, the assessed valuation is equal to a percentage of the full
market value.
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ASSESSMENT BONDS
Bonds issued to develop facilities and basic infrastructure for the benefit of specific
properties within the assessment district that directly benefit from the facilities.
The key consideration here is the “direct and special benefit” to be received by the
property subject to the assessment.
Voter approval is not required.
Instead, a majority vote of the property owners with a majority of assessments is needed
to authorize the issue.
The issuer's recourse for nonpayment is foreclosure.
This type of bond is normally not rated.
The bonds may be issued under the provisions of the various assessment bond acts of
the State, whichever is most appropriate.
(See also “Special Tax Bond” for a description of bonds issued pursuant to the Mello-
Roos Act.)
BALLOON MATURITY
A maturity within a serial issue of securities that contains a disproportionately large
percentage of the principal amount of the original issue. A balloon maturity is generally
distinguished from a term bond by the fact that a term bond generally has the benefit of
a sinking fund to smooth out the amount of principal paid from any single year's
operations. A balloon maturity increases the likelihood that the jurisdiction will need to
refinance the securities for an extended period of time upon their initial maturity.
BASIS POINT
One one-hundredth of one percent (0.0001).
BEARER BOND
A security that does not identify its owner on its face or by registration. The security is
presumed to be owned by the person possessing it. The Tax Equity and Fiscal
Responsibility Act of 1982 TEFRA) curtailed the issuance of tax-exempt bearer bonds.
BOND
A security that represents an obligation to pay a specified amount of money on a specific
date in the future, typically with periodic interest payments.
BOND ANTICIPATION NOTES
Notes issued to provide temporary financing, to be repaid from the proceeds of a
subsequent long-term financing.
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BOND COUNSEL
An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning
the validity of the securities. The bond counsel's opinion usually addresses the subject of
tax exemption. Bond counsel may prepare, or review and advise the issuer regarding
authorizing resolutions or ordinances, trust indentures, official statements, validation
proceedings and litigation.
BOND INSURANCE
Bond insurance is a type of credit enhancement whereby a monoline insurance company
indemnifies an investor against default by the issuer. In the event of a failure by the issuer
to pay principal and interest in full and on time, investors may call upon the insurance
company to do so. Once assigned, the municipal bond insurance policy generally is
irrevocable. The insurance company receives an up-front fee, or premium, when the
policy is issued.
BOND RESERVE
See “Debt Service Reserve Fund”.
BOOK-ENTRY-ONLY
Bonds that are issued in fully registered form but without certificates of ownership. The
ownership interest of each actual purchaser is recorded on computer.
CALL OPTION
The right to redeem a bond prior to its stated maturity, either on a given date or
continuously. The call option is also referred to as the optional redemption provision.
Often a "call premium" is added to the call option as compensation to the holders of the
earliest bonds called. Generally, the earliest callable bonds called carry a 102% premium,
the next earliest, a 101 % premium, and the balance of the bonds are called at par value.
CAPITAL APPRECIATION BOND
A bond without current interest coupons that is sold at a substantial discount from par.
Investors are provided with a return based upon the accretion of value in the bond through
maturity. (See: zero coupon bond)
CAPITAL LEASE
The acquisition of a capital asset over time rather than merely paying a rental fee for
temporary use. A lease-purchase agreement, in which provision is made for transfer of
ownership of the property for a nominal price at the scheduled termination of the lease,
is referred to as a capital lease.
CERTIFICATES OF PARTICIPATION
A lease agreement with another party (a lessor, such as a joint powers authority) to lease
an asset over a defined period at a prearranged annual payment.
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Voter approval is generally not required.
Lease payments are made primarily from general fund revenues.
Current law requires the lessee to make lease payments only if the City has beneficial
use of the facility to be leased.
The legislative body has to appropriate annual debt service payments.
For the security of the bondholders, a reserve fund is normally established and held by a
trustee until all bonds are paid.
Interest during project construction must be capitalized.
An "asset transfer" structure, whereby an existing facility is used as security to finance
construction or acquisition of another project, may be used for flexibility.
Sometimes this structure is styled as a “lease revenue bond,” which is functionally the
same as Certificates of Participation.
COMMERCIAL PAPER (TAX-EXEMPT)
By convention, short-term, unsecured promissory notes issued in either registered or
bearer form with a stated maturity of 270 days or less.
COMPETITIVE SALE
Sales of securities in which the securities are awarded to the bidder who offers to
purchase the issue at the best price or lowest cost.
CONTINUING DISCLOSURE
The requirement by the Securities and Exchange Commission for most issuers of
municipal debt to provide current financial information to the informational repositories for
access by the general marketplace.
Generally, SEC Rule 15c2-12 requires issuers of municipal securities and certain other
“obligated persons” to make contractual promises to provide continuing information to the
marketplace during the life of securities issues.
Under the rule, an underwriter is not permitted to purchase or sell municipal securities in
connection with a primary offering of $1.0 million or more unless it has entered into such
a contractual arrangement with the issuer of the securities for the benefit of the holders
of the securities.
In conduit issues, the obligation to maintain continuing disclosure efforts should be
imposed on the project sponsors.
COUPON RATE
The interest rate on specific maturities of a bond issue. While the term "coupon' derives
from the days when virtually all municipal bonds were in bearer form with coupons
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attached, the term is still frequently used to refer to the interest rate on different maturities
of bonds in registered form.
CURRENT REFUNDING
A procedure whereby outstanding bonds are refinanced by the proceeds of a new bond
issue within 90 days of the date on which outstanding bonds become due or are callable.
Generally, either the entire outstanding issue is refunded (full refunding) or only the
callable bonds are refunded (partial refunding). Typically, a current refunding is performed
to take advantage of interest rates that are significantly lower than those associated with
the original bond issue.
At times, however, a current refunding is performed to remove restrictive language or
debt service reserve requirements required by the original issue.
(See also “ADVANCE REFUNDING”)
CUSIP NUMBER
The term CUSIP is an acronym for the Committee on Uniform Securities Identification
Procedures. An identification number is assigned to each maturity of an issue, and is
usually printed on the face of each individual certificate of the issue. The CUSIP numbers
are intended to help facilitate the identification and clearance of municipal securities. As
the municipal market has evolved, and new derivative products are devised, the
importance of the CUSIP system for identification purposes has increased.
DEBT BURDEN
The ratio of outstanding tax-supported debt to the market value of property within a
jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of
overlapping debt as well as the municipality's direct net debt.
DEBT LIMITATION
The maximum amount of debt that is legally permitted by a jurisdiction's charter,
constitution, or statutory requirements.
DEBT SERVICE
The amount necessary to pay principal and interest requirements on outstanding bonds
for a given year or series of years.
DEBT SERVICE RESERVE FUND
The fund into which moneys are placed which may be used to pay debt service if pledged
revenues are insufficient to satisfy the debt service requirements. The debt service
reserve fund may be entirely funded with bond proceeds, or it may only be partly funded
at the time of the issuance and allowed to reach its full funding requirement over time,
due to the accumulation of pledged revenues. If the debt service reserve fund is used in
whole or part to pay debt service, the issuer usually is required to replenish the funds
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from the first available funds or revenues. A typical reserve requirement might be the
maximum aggregate annual debt service for any year remaining until the bonds reach
maturity. The size of the reserve fund, and the manner in which it is invested, may be
subject to arbitrage regulations.
DEFAULT
The failure to pay principal or interest in full or on time. An actual default should be
distinguished from technical default. The latter refers to a failure by an issuer to abide by
certain covenants but does not necessarily result in a failure to pay principal or interest
when due.
DEFEASANCE
Providing for payment of principal of premium, if any, and interest on debt through the
first call date or scheduled principal maturity in accordance with the terms and
requirements of the instrument pursuant to which the debt was issued. A legal defeasance
usually involves establishing an irrevocable escrow funded with only cash and US.
Government obligations.
DEPOSITORY TRUST COMPANY (DTC)
A limited purpose trust company organized under the New York Banking Law. DTC
facilitates the settlement of transactions in municipal securities.
DERIVATIVES
Financial products whose value is derived from the value of an underlying asset,
reference rate, or index. Typically, these agreements are contracts between a
lender/investor and a borrower and include interest rate swaps, caps, floors, collars, and
forward purchase agreements.
DISCOUNT
The difference between a bond's par value and the price for which it is sold when the
latter is less than par.
DOUBLE-BARRELED BOND
A bond secured by a defined source of revenue (other than general property taxes) and
the full faith and credit of an issuer.
ENTERPRISE ACTIVITY
A revenue-generating project or business. The project often provides funds necessary to
pay debt service on securities issued to finance the facility. The debts of such projects
are self-liquidating when the projects earn sufficient monies to cover all debt service and
other requirements imposed under the bond contract. Common examples include water
and sewer treatment facilities and utility facilities.
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FINANCIAL ADVISOR
A consultant who advises an issuer on matters pertinent to a debt issue, such as structure,
sizing, timing, marketing, pricing, terms, and bond ratings.
FITCH INVESTORS SERVICE
A financial services company, founded in 1913, which provides investors with an
independent assessment of the credit worthiness of debt obligations.
FINAL OFFICIAL STATEMENT (FOS)
A document published by the issuer that generally discloses material information on a
new issue of municipal securities including the purposes of the issue, how the securities
will be repaid, and the financial, economic and social characteristics of the issuing
government. Investors may use this information to evaluate the credit quality of the
securities. (See also Official Statement)
FLOW OF FUNDS
The order in which pledged revenues must be disbursed, as set forth in the trust indenture
or bond resolution. In most instances, the pledged revenues are deposited into a general
collection account or revenue fund as they are received and subsequently transferred into
the other accounts established by the bond resolution or trust indenture. The other
accounts provide for payment of the costs of debt service, debt service reserve deposits,
operation and maintenance costs, renewal and replacement, and other requirements.
GENERAL OBLIGATION BONDS
Bonds backed by the full faith and credit of the City.
The taxing power is an unlimited ad valorem tax, usually on real estate and personal
property.
A special rate is incorporated in the property tax bill annually to pay for debt service.
A two-thirds voter approval is required for authorization.
Because it is secured by an unlimited tax levy, this structure has strong marketability and
lower interest costs.
GENERAL OBLIGATION DEBT
Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known
as a full faith and credit obligation.
INDENTURE
A contract between the issuer and a trustee stipulating the characteristics of the financial
instrument, the issuer's obligation to pay debt service, and the remedies available to the
trustee in the event of a default.
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INVESTMENT GRADE
The broad designation given bonds that have a high probability of being paid, and minor,
if any, speculative features.
Bonds rated “BBB” or higher by Standard & Poor’s Corporation, “Baa” or higher by
Moody’s Investor’s Service, and “BBB” or higher by Fitch IBCA Rating Service are
deemed by those agencies to be “investment grade.”
ISSUANCE COSTS
The costs incurred by the bond issuer during the planning and sale of securities. These
costs include but are not limited to financial advisory and bond counsel fees, printing and
advertising costs, rating agency fees, and other expenses incurred in the marketing of an
issue.
ISSUER COUNSEL
An attorney engaged by the issuer to represent its best interest in a debt transaction.
Often this role is performed by bond counsel, however, at time separate counsel is
engaged that does not have responsibility to issue the bond opinion as well as represent
the issuer’s best interests.
JUNIOR LIEN BONDS
Bonds that have a subordinate claim against pledged revenues.
LEASE
An obligation wherein a lessee agrees to make payments to a lessor in exchange for the
use of certain property. The term may refer to a capital lease or to an operating lease.
LEASE REVENUE BONDS
Bonds that are secured by an obligation of one party to make annual lease payments to
another.
LESSEE
The party to a lease agreement that obtains use of a facility or piece of equipment on
exchange for rental payments.
LESSOR
The owner of the property being leased.
LETTER OF CREDIT
Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event
that an issuer is unable to do so, thereby providing an additional source of security for
bondholders for a predetermined period. A letter of credit often is referred to as an L/C or
an LOC. Letter of Credit can be issued on a "stand-by" or "direct pay" basis.
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LINE OF CREDIT
Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at
some date in the future in return for a commitment fee.
MANAGER
The member (or members) of an underwriting syndicate charged with the primary
responsibility for conducting the affairs of the syndicate. The managers take the largest
underwriting commitment.
Underwriter
The underwriter serving as head of the syndicate. The lead Manager generally handles
negotiations in a negotiated underwriting of a new issue of municipal securities or directs
the process by which a bid is determined for a competitive underwriting. The lead
Manager also is charged with allocating securities among the members of the syndicate
in accordance with the terms of the syndicate agreement or agreement among
underwriters.
Underwriting Group
Any member of the management group.
MASTER LEASE AGREEMENTS
A lease agreement with a provider to lease equipment or facilities whose useful life is too
short, or whose cost is too small to finance with conventional long-term debt.
Various pieces and types of real and personal property from different vendors over a
period of time can be acquired under one master lease agreement.
Interest can be fixed or tied to an index.
Financing costs are normally minimal, but the interest cost may be higher than with other
instruments.
MARKS-ROOS BONDS
Bonds issued by a joint powers authority to buy other bond issues.
By pooling bond issues, marketability can be improved and administration costs are
reduced.
Often used in the case of a negotiated sale of redevelopment agency debt in order to
avoid the competitive sale requirements for such debt.
MOODY'S INVESTORS SERVICE, INC.
A financial service company, a subsidiary of Dun & Bradstreet Corp. has provided ratings
for municipal securities and other financial information to investors since 1918.
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MUNICIPAL SECURITIES RULEMAKING BOARD (MSRB)
A self-regulating organization established on September 5, 1975 upon the appointment
of a 15-member Board by the Securities and Exchange Agreement. The MSRB,
comprised of representatives from investment banking firms, dealer bank
representatives, and public representatives, is entrusted with the responsibility of writing
rules of conduct for the municipal securities market. New board members are selected by
the MSRB pursuant to the method set forth in Board rules.
NEGOTIATED SALE
A sale of securities in which the terms of sale are determined through negotiation between
the issuer and the purchaser, typically an underwriter, without competitive bidding
NET INTEREST COST (NIC)
The average interest cost of a bond issue calculated based on simple interest. This
calculation involves a fraction in which the numerator is the gross amount of interest to
be paid over the bonds' life (adjusted for the amount of discount or premium granted at
the time of sale), and the denominator is the average life of the bond issue multiplied by
the issue's par value.
NO COMMITMENT DEBT
A debt that is generally a sub-type called land secured debt, such as Mello-Roos or
assessment district debt that indirectly benefits selected stakeholders in the City, but for
which the City would have no financial commitment. Thus, this type of debt bears unique
risks in the event of non-compliance with the borrowing agreements.
NOTE
A written promise to pay a certain amount of money on a specific date, with interest. By
convention, the maturity of a note is one year or less, making it short-term debt. However,
financial instruments with a longer stated maturity sometimes are called Notes. For
example, a bond anticipation note can have maturities of two years or longer.
OFFICIAL STATEMENT (OS)
A document published by the issuer that generally discloses material information on a
new issue of municipal securities including the purposes of the issue, how the securities
will be repaid, and the financial, economic and social characteristics of the issuing
government. Investors may use this information to evaluate the credit quality of the
securities. (See also Final Official Statement)
OPERATING LEASE
A lease that enables the lessee to acquire the use of an asset only, not its ownership as
in a capital lease. The lease term typically runs for only a portion of the asset's useful life.
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ORIGINAL ISSUE DISCOUNT BONDS
Bonds that are sold at a substantial discount from their par value at the time of the original
sale.
OVERLAPPING DEBT
The legal jurisdictions of local governments often overlap one another. In some cases,
one unit of government is located entirely within the boundaries of another. Overlapping
debt represents the proportionate share of debt that must be borne by one unit of
government because another government with overlapping or underlying taxing authority
issued its own bonds.
PAR VALUE
The face value or principal amount of a security.
PAYING AGENT
An agent of the issuer with responsibility for timely payment of principal and interest to
bond holders.
PRELIMINARY OFFICIAL STATEMENT (POS)
The POS is a preliminary version of the official statement that is used by an issuer or
underwriters to describe the proposed issue of municipal securities prior to the
determination of the interest rate(s) and offering price(s). The preliminary official
statement, also called a "red herring,” often is examined upon by potential purchasers
prior to making an investment decision.
PREMIUM
The excess of the price at which a bond is sold over its face value.
PRESENT VALUE
The value of a future amount or stream of revenues or expenditures in current dollars.
PRIVATE ACTIVITY BONDS
A bond where the use of bond proceeds is used for private purposes. If deemed a private
activity bond, the interest is not tax exempt unless the use of the proceeds meets certain
requirements of the Internal Revenue Code.
PUT OPTION
The right to demand repayment of principal prior to a bond's maturity. In the case of
short-term variable rate debt, this right often is referred to as a variable-rate demand
option.
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REFUNDING
A procedure whereby an issuer refinances an outstanding bond issue by issuing new
bonds.
REGISTERED BOND
A security on which the ownership is recorded by the issuer or its agent.
RESERVE FUND
A fund established by the indenture of a bond issue into which money is deposited for
payment of debt service in case of a shortfall in current revenues.
REVENUE BONDS
Bonds secured by revenues generated by the facility that is financed or by dedicated user
fees.
Voter approval may or may not be required.
Planning is more complex because costs and revenues affect each other.
Credit enhancement (e.g., insurance or letter of credit) may be needed because of the
limited source of debt service payment.
SECONDARY MARKET
The market in which bonds are sold after their initial sale in the new issue market.
SENIOR LIEN BONDS
Bonds having a prior or first claim on pledged revenues.
SERIAL BONDS
A bond issue in which the principal is repaid in periodic installments over the issue's life.
SINKING FUND
A fund into which funds are placed to be used to redeem securities in accordance with a
redemption schedule in a bond contract. This term is sometimes used interchangeably
with the term “mandatory redemption fund”.
SOPHISTICATED INVESTOR
A purchaser of bonds, who is considered knowledgeable about the pricing and risk factors
associated with the repayment of bonds.
This type of investor usually purchases bonds in large dollar amounts, typically $100,000
or more.
SPECIAL ASSESSMENTS
A charge imposed against property or parcel of land that receives a special benefit by
virtue of some public improvement that is not, or cannot be enjoyed by the public at large.
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Special assessment debt issues are those that finance such improvements and are repaid
by the assessments charged to the benefiting property owners.
STANDARD & POOR'S CORPORATION (S&P)
A financial service company, a subsidiary of McGraw-Hill -Company. S&P provides
ratings for municipal securities and other financial information to investors.
TAX ALLOCATION BONDS
Bonds secured by property tax increment (property taxes generated on assessed value
in excess of the frozen property tax base) in a redevelopment project area.
These bonds are issued to promote economic development.
Voter approval is not required.
TAX INCREMENT
Property tax revenues derived from the incremental assessed value increases from the
redevelopment project area’s frozen tax base.
TERM BONDS
A bond issue in which the entire principal matures on one date. Term bonds also refer to
a particularly large maturity of a bond issue that is created by aggregating a series of
maturities. In the latter instance, provision is made for mandatory structuring fund
installments in advance of the term bond's maturity to reduce the burden of a particular
large debt service payment in any one fiscal year.
TRUE INTEREST COST (TIC)
An expression of the average interest cost in present value terms. The true interest cost
is a more accurate measurement of the bond issue's effective interest cost and should be
used to ascertain the best bid in a competitive sale.
UNDERWRITER'S COUNSEL
An attorney engaged by the underwriter(s) to represent its interests in a debt transaction.
Generally, underwriter's counsel prepares the bond purchase agreement between the
issuer and the underwriter and, when more than one underwriter is involved, the
agreement among underwriters.
VARIABLE RATE BOND
A bond on which the interest rate is reset periodically, usually no less often than
semi-annually. The interest rate is reset either by means of an auction or through an
index.
VENDOR LEASES
A vendor of equipment acts as the lessor and investor, and holds the lease for its full term
or may assign the lease.
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The motivating factor to the vendor is usually to encourage future sales of its product.
YIELD CURVE
A graph that plots the market yields on securities with different maturities, at a given point
in time. The vertical axis represents the yields, while the horizontal axis depicts the time
to maturity. The term structure of interest rates, as reflected by the yield curve, will vary
according to market conditions, resulting in a wide variety of yield curve configurations.
YIELD-TO-MATURITY
The rate of return that an investor will receive if the bond remains outstanding and the
investor holds the bond to maturity. The investor must take into account the price paid for
the bonds, the dates of purchase and maturity, and the coupon rate on the bonds. The
"yield to maturity" assumes that interest payments will be re-invested at the same coupon
rate borne by the bond.
ZERO COUPON
A bond that does not pay interest periodically. Investors receive interest on the scheduled
principal maturity date of the obligation.
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A PPENDIX B: S PECIAL D ISTRICT F INANCING P ROCEDURES
This appendix outlines specific procedures for special district financing. Proposals must
be initiated via an application process. The applicant shall pay all costs to evaluate the
application and undertake the proceedings to consider the formation of the assessment
district or the community facilities district.
DEPOSITS
Each application for the formation of an assessment district or a community facilities
district shall be accompanied by an initial deposit in an amount to be determined by the
City to be adequate to fund the evaluation of the application and undertake the
proceedings to consider the formation of the assessment district or the community
facilities district.
The City may, in its discretion, permit an applicant to make periodic deposits to cover
such expenses rather than a single lump sum deposit; provided, however, no
preformation costs shall be incurred by the City in excess of the amount then on deposit
for such purposes.
If additional funds are required to pay required preformation costs, the City may make
written demand upon the applicant for such additional funds and the applicant shall
deposit such additional funds with the City within five (5) working days of the date of
receipt of such demand.
Upon the depletion of the funds deposited by applicant for preformation costs, all
proceedings shall be suspended until receipt by the City of such additional funds as the
City may require.
PROJECT FISCAL FEASIBILITY
Project property "value-to-lien" ratios shall be based upon current bond market conditions
as proposed by Finance Director under the advice of selected financial advisor or
underwriter.
The property value shall be determined by an MAI (Member of the Appraisal Institute)
appraiser selected by the City.
A market absorption study of the proposed development project by an independent
consultant, chosen by the City, shall be required. The absorption study shall be used to
determine if the financing of the public facilities is appropriate, given the timing of
development and whether sufficient revenues will be generated by the project to retire the
debt service.
With regard to community facilities districts, the proposed rate and method of
apportionment of the special tax shall comply with the following criteria:
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1. The primary emphasis of the special tax formula shall be equitable for the
future property owner.
2. Special tax formulas shall provide for minimum special tax levels that satisfy the
following expenses of a community facilities district:
a. 110 percent gross debt service coverage for all bonded indebtedness;
b. The projected administrative expenses of the community facilities district;
and
c. An amount equal to the differences between expected earnings on any
escrow fund and the interest payments due on bonds of the community
facilities district.
d. Additionally, the special tax formula may provide for the following:
I. Any amounts required to establish or replenish any reserve fund
established in association with the indebtedness of the community
facilities district;
II. The accumulation of funds reasonably required for future debt service;
III. Amounts equal to projected delinquencies of special tax payments;
IV. The cost of remarketing, credit enhancement, and liquidity facility fees;
V. The cost of acquisition, construction, furnishing, or equipping of eligible
public facilities;
VI. Lease payments for existing or future public facilities;
VII. Costs associated with the release of funds from an escrow account; and
VIII. Any other costs or payments permitted by the Mello-Roos Act.
3. All property, not otherwise statutorily exempted, shall bear its appropriate share of
the special tax liability.
The sole source of revenues pledged to repay bonds issued for an assessment
district or a community facilities district shall be the assessments or special taxes,
as applicable, levied or authorized to be levied within such assessment district or
community facilities district, proceeds of such bonds and reserve funds held under
the applicable bond documents, the proceeds of foreclosure proceedings and
additional security instruments provided at the time of issuance of such bonds.
Neither the faith, credit or taxing power of the City shall be pledged to the payment
of debt service on bonds issued for an assessment district or a community facilities
district nor shall the City have any obligation to replenish any reserve fund
established for any such bonds.
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4. The projected ad valorem property tax and other direct and overlapping debt for
the proposed development project, including the proposed maximum special tax,
should not exceed two percent (2%) of the appraised value of each improved
parcel upon completion of the improvements.
Any applicant shall be required to provide all information regarding the development of
the property within the assessment district or community facilities district, including
without limitation the financing plan for such development, which is necessary to ensure
that the official statement for any bond issue complies with the requirements of Rule 15c2-
12 of the Securities and Exchange Commission and all other applicable federal and state
securities laws.
The City’s Debt Management Committee, in conjunction with advisors retained by the
City, shall determine whether the aggregate cost of public improvements and permitted
indirect costs, allowable under statute, shall equal an amount that renders formation of a
district, both economically cost-effective and efficient; and make a recommendation to the
City Council accordingly.
The recommended issue shall be sized by the Finance Director, in conjunction with City
financial advisors, and shall meet industry standards with respect to marketability.
Minimum bond issue size will be as determined by the Finance Director upon
recommendation of the Debt Management Committee. In very general terms, the
minimum bond issue size must be greater than $5.0 million to gain acceptable market
access and to distribute the transaction costs appropriately.
PROJECT DISCLOSURE
Additionally, any applicant may, as determined by disclosure counsel, underwriter or
underwriter’s counsel be required to enter into a continuing disclosure agreement to
provide such continuing disclosure, pertaining to the assessment district or community
facilities district, the development thereof and the applicant, as necessary, to ensure
ongoing compliance with the continuing disclosure requirements of Rule 15c2-12.
With respect to community facilities districts and assessment districts, full disclosure to
prospective property owners of the special tax or assessment lien shall comply with
applicable statutory authority.
The City, in its sole judgment, may require additional property owner notification if it
deems such disclosure will assist subsequent property owners’ awareness of the lien
obligation.
FINANCING COVENANTS
All statements and materials related to the sale of special tax bonds (community facilities
district) and improvement bonds (assessment district) shall emphasize and state that
neither the faith, credit, nor the taxing power of the City of Rancho Palos Verdes is
pledged to the repayment of the bonds, nor that there is an obligation of the City to
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replenish the reserve fund from revenue sources other than special taxes, annual
assessments or proceeds from foreclosure proceedings.
The City accepts no contingent liability for the debt service on no-commitment debt issued
by special districts.
All terms and conditions of any bonds issued for any special district, including, without
limitation, the sizing, timing, term, interest rates, discount redemption features, flow of
funds, investment provisions and foreclosure covenants, shall be established by the City.
Each bond issue shall be structured to adequately protect bond owners and to avoid
negatively affecting the bonding capacity or credit worthiness of the City.
Unless otherwise approved by the City Council, the following shall serve as minimum
bond requirements:
A. A reserve fund shall be established for each bond issue to be funded out of the
bond proceeds in an amount equal to 10% of the original proceeds of the bonds
or such lessor amount as may be required by federal tax law.
B. Interest shall be capitalized for a bond issue only so long as necessary to place
the assessments or special tax installments on the assessment roll; provided,
however, interest may be capitalized for a term to be established at the discretion
of the City Council on a case-by-case basis, not to exceed an aggregate of 18
months, taking into consideration the value-to-debt ratio, the expected timing of
initial occupancies, expected absorption and build out of the project, the expected
construction and completion schedule for the public improvements to be funded
from the proceeds of the bond issue in question, the size of the bond issue, the
development pro forma and the equity position of the applicant, and such other
factors as the City Council my deem relevant.
In instances where multiple series of bonds are to be issued, the City shall determine
what improvements shall be financed from the proceeds of each series of bonds.
PROJECT APPRAISAL
The definitions, standards, and assumptions to be used for appraisals shall be determined
by the City staff on a case-by-case basis, with input from City consultants and applicants,
and by reference to relevant materials and information promulgated by the State of
California.
In any event, the value-to-lien ratio shall be determined based upon an appraisal by an
independent MAI appraiser of the property within the proposed assessment district or
community facilities district that will be subject to the levy of special taxes.
The appraisal shall be coordinated by and under the direction of the City.
Definition of Appraisal
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An appraisal is a written statement independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of an adequately described property
as of a specific date, supported by the presentation and analysis of relevant market
information.
Standards of Appraisal
The format and level of documentation for an appraisal depends on the complexity of the
appraisal.
A detailed appraisal shall be prepared for complex appraisals.
A detailed appraisal shall reflect nationally recognized appraisal standards, including to
the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisition.
An appraisal must contain sufficient documentation, including valuation data and the
appraiser’s analysis of the data, to support the appraiser’s opinion of value.
At a minimum, the appraisal shall contain the following items:
a. The purpose and/or the function of the appraisal, a definition of the estate being
appraised, and a statement of the assumption and limiting conditions affecting the
appraisal.
b. An adequate description of the physical characteristics of the property being
appraised, i.e., localization, zoning, present use, and an analysis of the highest and
best use.
c. All relevant and reliable approaches to value consistent with commonly accepted
professional appraisal practices.
d. If a discounted cash flow analysis is used, it should be supported with at least one
other valuation method such as a market approach using sales that are at the same
stage of land development, if available.
e. If more than one approach is used, there shall be an analysis and reconciliation of
approaches to value that is sufficient to support the appraiser’s opinion of value.
f. A description of comparable sale, including a description of all relevant physical, legal,
and economic factors such as parties to the transaction, source and method of
financing, and verification by a party involved in the transaction.
g. A statement of the value of the real property.
h. The effective date of valuation, date of appraisal, signature, and certification of the
appraiser.
i. No appraiser or review appraiser shall have any interest direct or indirect in the real
property being appraised for the City that would in any way conflict with the preparation
or review of the appraisal.
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j. Compensation for making an appraisal shall not be based on the amount of the
valuation.
k. The valuation of property within a proposed assessment district or community facilities
district should be based on each of the three (3) premises discussed below:
PREMISE NO. 1 – AS IS VALUE.
The total land within the proposed district is valued “as is”:
a) With any existing infrastructure.
b) Without proposed infrastructure being financed.
c) With existing assessor parcel configuration.
d) With planned densities for residential land uses or with other planned
development for non-residential land uses authorized by the City’s general plan
or specific plan, if any or, other approved land use entitlements applicable to
such property.
PREMISE NO. 2 – PROJECT BUILD OUT VALUE.
The total land within the proposed district is valued under projected conditions:
a) With proposed infrastructure being financed completely.
b) With the planned densities for residential land uses and other planned
development for non-residential land uses authorized by the City’s general plan
or specific plan, if any, and any other approved land use entitlements
applicable to such property.
c) Land development is at the stage of being marketed to merchant builders or
tentative tract maps ready to be filed, as applicable.
This is a projected value based on development plans predicated on market
conditions continuing as projected.
PREMISE NO 3 – BULK LAND VALUE.
The total land within the proposed district is valued under projected conditions:
a) With proposed infrastructure being financed completely.
b) With existing parcel configuration.
c) Consideration planned densities allowed by the specific plan of the project.
This premise should consider a discounted or “quick sale” valuation considering
time, costs, and the possibility of a per unit value based on the total size of the
project.
Nothing contained in the foregoing premises shall prevent the appraiser from basing an
appraisal of property proposed to be included in an assessment district or a community
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facilities district on any other premise or premises which are deemed, in the professional
judgment of the appraiser, to be more appropriate to a special use to which property is or
is proposed to be made.
PROJECT CRITERIA
Special district financing shall be considered for development projects with land uses
consistent with the goals of the General Plan and specific plans, through:
1. Major streets and arterial thoroughfares.
2. Master planned storm drain facilities.
3. Regional sewer and/or water facilities.
4. Reclaim water distribution system.
5. Parks or open space construction/dedication beyond that which is required
to meet existing City standards.
6. Public safety facilities.
7. Other major public infrastructure or community facility improvements
required as a result of the development or its impact on the community.
If the improvements provide benefit beyond the immediate area of the proposed
development, then infrastructure and facility improvements may be prioritized and
considered for inclusion into special districts. Indirect ("soft") costs for engineering and
design associated with public improvement construction may be included within the
district to the extent they can be attributed directly to the public improvements.
No other "soft" costs shall be financed through the district, other than that which is allowed
by statutory regulations for assessment districts and community facilities districts.
The City Council shall authorize the issuance and sale of bonds for an assessment district
or a community facilities district only if the City Council has previously determined that:
1. The aggregate value of the real property within the District that will be
subject to the assessment or special tax to pay debt service on the bonds
will be at least three (3) times the applicable Public Lien Amount (defined
below).
2. For each common ownership of undeveloped property that will be subject
to the assessment or special tax to pay debt service on the bonds, the
aggregate value of all such undeveloped property under such common
ownership will be at least three (3) times the Public Lien Amount
apportioned to such properties.
3. The value of each parcel of undeveloped property that will be subject to the
special tax to pay debt service on the bonds will be at least two (2) times
the Public Lien Amount apportioned to such parcel.
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The “Public Lien Amount” shall mean the principal amount of the bond issue proposed to
be issued for the assessment district or community facilities district, plus the principal
amount of all other bonds outstanding that are secured by a special tax levied pursuant
to the Mello-Roos Act or a fixed lien assessment levied on property with the assessment
district or community facilities district for which the bonds are proposed to be issued.
An exception to one or more of the above determinations may be approved if the City
Council finds and determines that the proposed bonds do not present any unusual credit
risk due to the availability of credit enhancements or for other reasons specified by the
City Council, or as indicated by a four-fifths vote of the City Council that the proposed
bond issue should proceed for specified public policy reasons.
Other project elements that may determine the viability and desirability of special district
financing may include factors such as ownership composition, geographical isolation or
other pertinent economic or demographic factors that would enhance community
development in accordance with established City goals and objectives.
A land use project, exclusively residential, without public improvement contributions,
which meets the intent and philosophy of this policy, shall not warrant consideration for
special districts financing.
PROCEDURES FOR APPLICATION AND APPROVAL
These procedures are subject to administrative amendment as necessary by the City
Manager.
A. Pre-Application Conference:
1. Applicant should contact the Public Works Department.
Applicant will meet with Public Works staff to discuss the proposed
project and application procedures.
B. Application Submission:
Applicant submits an initial application, a processing fee to be determined
by the City, and 1% of the estimated bond issue cost.
C. Application Review:
Public Works staff prepares and submits an application analysis packet to
the Debt Management Committee for review and discussion.
D. Application Process Funding:
Upon application approval by the Debt Management Committee, Public
Works staff will process and secure an Advance Funding Reimbursement
Agreement and funds from the applicant. The amount of funds from each
applicant will be individually determined by Finance Director and Public
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Works staff based upon the complexities of the proposed financing and
district administration.
Formation proceedings will not progress until the applicant's funds are on
deposit with the City.
E. Formation Proceedings:
1. Public Works/Finance staff will:
a. Process consultant agreements for special services as
selected and determined by the Debt Management
Committee, and coordinate City Council review/approval of
consultant agreements.
b. Coordinate receipt of project information from applicant and
applicant's consultants/engineers.
c. Coordinate consultant services for the City.
d. Coordinate City Council review/approval of the financing
district.
F. Formation Approval:
City Council grants or denies district formation.
G. Bond Sale:
Finance Director coordinates bond sale and all underwriter activities,
financial management, structuring, and trustee activity.
H. Construction Management/Acquisition:
Public Works staff coordinates and administers all public infrastructure
construction and acquisition of improvements.
CONTENT OF APPLICATION
A. Project Owner Information:
1. Company name, and DBAs if applicable.
2. Form of ownership (e.g. corporation or partnership), and descriptions of
affiliations with other organizations.
3. Mailing address, primary operating address, and phone numbers.
4. List of officers, home addresses and other business affiliations.
5. List of equity owners with a share of 10% or more, with home addresses.
6. If publicly held, indicate applicable stock exchange.
7. If partnership, list General and Limited Partners and interest owned by
each.
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8. If trust, list name, home address and percentage equity for all
beneficiaries.
9. Name, address, phone number and email address of officer to whom all
notices and communications concerning the project should be sent.
10. Principal bank(s) of account with name and phone number of contact
person.
11. Name, address, phone number and email address for:
a. Counsel to applicant.
b. Bond counsel on proposed project.
c. Investment banker for proposed project.
12. History of past tax-exempt financing transactions, including default
history, if applicable.
13. Express statement regarding whether the firm or any of its principals are
currently or in the past 10 years been engaged in any litigation involving
financing of the type and nature being proposed to the City. If
applicable, include the names of the principals and details of the
litigation.
B. Proposed Project:
1. Brief narrative explanation of why project is being undertaken.
2. Narrative description of proposed project, including renderings if
available.
3. Proposed facilities to be constructed with bond proceeds.
4. Express statement about whether the applicant now owns the site of the
proposed facility; and if not, whether the applicant has entered into an
option or commitment or other agreement to purchase it.
5. Estimated useful life of buildings, equipment, or off-site improvements.
6. Express statement about whether the project involves, in whole or in
part, residential real property, sports facilities, commercial property,
health care facilities, manufacturing facilities, entertainment facilities, or
industrial land development activities. Include explanations for any
applicable facilities.
7. Estimated dates for start and completion of facility construction.
C. Cost of the Project:
State the costs reasonably necessary for the acquisition or construction of
the proposed project together with any machinery and equipment
necessary or convenient in connection therewith, and including any utilities,
access roads or apportionment facilities.
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1. Land and facilities.
2. Architectural and engineering.
3. Construction costs.
4. Interest during construction.
5. Financing, legal and miscellaneous costs.
6. Contingency, if appropriate.
D. Significant Public Benefits:
Include a description of the significant public benefits that will arise from the
issuance of bonds in the maximum amount proposed in the application.
1. Employment creation/displacement.
2. Energy, mineral, or natural or cultivated resource conservation.
a. Estimate of increased utilization of resources.
b. Estimate of increases in cost to the public due to increased
utilization.
3. Describe any adverse environmental impacts due to the construction or
completion of the project, including additional waste disposal. Include
estimates and copies of any required Environmental Impact Reports.
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CITY COUNCIL POLICY
NUMBER: 53
DATE ADOPTED/AMENDED: 6/16/15 (amended 04/20/2021
SUBJECT: Non-Profit Wireless Telecommunications Facilities on City
Properties
POLICY:
The City Council desires to support the internal communications needs of non-
profit organizations by considering the placement of wireless telecommunications
facilities on City properties. At the same time, however, the City Council desires
to protect the aesthetics of City properties and the views of surrounding property
owners, as well an insuring that such facilities are installed in compliance with the
City’s zoning and building codes. Therefore, the City Council has established this
policy for the consideration of such requests on a case-by-case basis. Decisions
whether to grant or deny such requests are within the sole and absolute discretion
of the City Council.
Wireless telecommunications facilities for non-profit organizations may be
permitted on certain City-owned properties (City improved park sites and City Hall)
subject to compliance with the following criteria:
1. For purposes of this policy, City-owned properties do not include
unimproved park sites or properties that are located within the City’s street
rights-of-way or within the Palos Verdes Nature Preserve. In addition, the
City Council may determine that a particular property is not suitable for the
placement of wireless telecommunications facilities pursuant to this policy.
2. For the purposes of this policy, “non-profit organization” shall include only
non-governmental organizations that are registered as tax-exempt pursuant
to Section 501(c)(3) of the Internal Revenue Code. Public and private utility
providers, commercial wireless voice, two-way radio and/or broadband data
service providers and non-governmental organizations that are registered
as tax-exempt pursuant to provisions of the Internal Revenue Code other
than Section 501(c)(3) are not eligible for consideration under this policy.
3. For the purposes of this policy, “wireless telecommunications facility” shall
include both antennae and related support equipment. The wireless
telecommunications facility shall be used only for internal communications
and connectivity among the non-profit organization and its members,
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employees, participants, or agents, and not for use by the general public or
by any other entity, other than in an emergency. The wireless
telecommunications facility shall not be deemed or operated as a
“commercial antenna,” as defined in Section 17.76.020(A) of the Rancho
Palos Verdes Municipal Code.
4. No more than two (2) wireless telecommunications facilities may be
permitted on any single City property. Space for such facilities is available
on a “first come, first served” basis.
5. External antennae shall not exceed one (1) meter in length or diameter.
6. External antennae shall be mounted to an existing City building or structure
and shall not exceed the height of the existing roof eave, parapet or highest
point of the structure. Antennae shall not be readily visible nor create
adverse impacts upon views from adjacent properties. All antennae wires
shall be concealed and painted to match the color of the structure, as
deemed acceptable by the Public Works Director. Antennae shall not be
directed towards structures located on City properties or towards structures
located on adjacent properties. Freestanding external antennae shall not
qualify for consideration pursuant to this policy.
7. Support equipment shall be located inside of existing City buildings or
structures, in a manner that does not conflict with the primary use of the
building or structure by the City and/or its contractors, lessees or assigns.
New buildings or structures shall not be erected on City property to contain
support equipment pursuant to this policy.
8. Non-profit organizations shall be fully responsible for the cost of the
installation, operation and maintenance of wireless telecommunications
facilities permitted pursuant to this policy, with the exception of negligible
costs for electrical power that may be provided by the City in its sole
discretion.
9. The City and the non-profit organization shall execute a license agreement,
approved by the City Council, to establish the terms of the use of City
property, including compensation to the City (if any). The license
agreement may be revoked by the City Council at any time.
10. The non-profit organization shall obtain approval from the Planning and
Building & Safety Ddivisions in the City’s Community Development
Department for permits for the installation of the wireless
telecommunications facility. Fees for said permits may be waived in
accordance with existing City codes, policies and procedures.
11. The non-profit organization shall coordinate with the Public Works
Department for access to City property for installation and maintenance of
the wireless telecommunication facility.
BACKGROUND:
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From time- to- time, the City of Rancho Palos Verdes receives requests from non-
profit organizations for permission to install wireless telecommunications facilities
for their own internal use on City property. Such facilities are often exempt from
the requirement for the approval of a conditional use permit (CUP) approved by
the Planning Commission, since they do not meet the City’s definition of
“commercial” antennae. However, Staff-level planning review and building permits
would still be needed to ensure that the antennae and equipment will not adversely
affect views or aesthetics, and that they are installed at and attached to City
property in accordance with the City’s Building Code. Therefore, this policy
establishes a procedure by which such requests may be considered by the City
Council.
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CITY COUNCIL POLICY
NUMBER: 54
DATE ADOPTED: August 20, 2019
SUBJECT: Council Liaisons for Advisory Boards/Committees and/ Commissions
POLICY:
It shall be the policy of the City Council to assign a council member liaison to any City
resident advisory committee, and the Planningc Commissions. Questions or concerns
about the direction of the advisory committee or commission and/or direction from Staff
should be directed to the council liaison. , as a liaison that the committee/commission
can turn to if members have questions or concerns about the direction of the
board/committee/commission and/or direction from Staff. The following parameters are
hereby established as guidelines:
A. At the discretion of the City Council, a council member may be assigned to any of
the City’s active advisory committees and commissions, boards including the
Planning Commission, to serve as a Council liaison.
B. Council liaison assignments may be done on an annual basis at the same time along
aswith the Council appointments to outside agencies are made, typically in
December... a set time/month was not noted...
C. After the appointment(s) are made, Staff will notify the Staff liaison to the committee
or commission will be notified by the City Clerk regarding the decision.
D. Attendance at board/committee and /commission meetings by the Council liaison is
at the discretion of the Council Mmember.
E. Council liaisons may informally arrange for a Council alternate when scheduling
conflicts arise.
F. During a board/committee and/ commission meeting, the Council liaison shall serve
a role similar to that of the Staff liaison. The primary responsibility for providing
information to board/committee and /commission members belongs to the Staff
liaison, but the Council liaison may provide additional information at the request of
the Chair when questions fall beyond the scope of staff’s expertise.
G. During a board/committee or /commission meeting, the Council liaison may address
the body under the “Staff Communications” portion of the agenda. During this time,
the liaison shall address the members from the podium or at a designated seat at
the table with Staff.
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H. The Council liaison may raise points of order when procedural issues arise.
I. During board/committee or /commission meetings, authority resides with the
board/committee/commission Chair.
J. A Council liaison role is primarily an observer, therefore liaisons shall refrain from:
a. Interfering with the smooth operation of board/committee/commission
meetings
b. Participating or engaging in discussions or decisions of the
board/committee/commission
c. Advising what the board/committee/commission should or should not do or
attempting to influence and/or guide its progress
d. Offering opinions or advocating for or against matters when they come before
the board/committee/commission
e. Acting in a manner that undermines the Chair’s authority
f. Participating in policy discussions except when providing factual information
at the request of the Chair
g. Speaking on behalf of the full Council without appropriate authority
h. Acting as spokesperson for the board/committee/commission
K. No more than two members of the City Council are to be in attendance at any
meeting of a committee or commission at any time. If appointed to serve as liaison
to a committee or commission, the council member has priority over any other
council member who may wish to attend and is not a liaison.
L. If questions or concerns arise regarding the conduct of a Council liaison, the Chair
of the board committee or commission should consult with the Mayor for possible
resolution. When the liaison in question is the Mayor, the Chair should consult with
the Vice Mayor Pro Tempore for possible resolution.
M. In an effort to keep the City Council and the public informed on the activities of the
boards/committees/commissions, biannual status reports shall be given at a regular
City Council meeting. The biannual report should include a summary of
accomplishments over the past six months and the work plan for the upcoming six
months
BACKGROUND:
The City Council recognized the need for City committees and commissions resident
advisory boards and the Planning Commission to have a council member act as liaison
between the City and the board/committee//commission.
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CITY COUNCIL POLICY
NUMBER: 55
DATE ADOPTED: 11/6/19
AMENDED: (repealed 04/20/2021)
SUBJECT: Closed Sessions
THIS POLICY WAS REPEALED ON APRIL 20, 2021 BECAUSE SAME LANGUAGE
IS STATED IN THE CITY COUNCIL RULES OF PROCEDURES ADOPTED PER
RESOLUTION NO. 2019-49
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 account 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 agency to
meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).)
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
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Page 2 of 1 Attachment A
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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Cover page
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)
Amended 11/6/19 (2019-48)
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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).
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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)
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).
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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).
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).
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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).
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
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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)).
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)).
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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 .............................................................................. 8
4.0 OFFICERS ........................................................................................................... 9
4.1 Election of the Mayor ................................................................................. 9
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4.2 Mayor Pro Tem .......................................................................................... 9
4.3 Presiding Officer ........................................................................................ 9
4.4 Point of Order .......................................................................................... 10
4.5 Personal Privilege .................................................................................... 10
4.6 Preservation of Order............................................................................... 10
4.7 Councilmember Decorum ........................................................................ 11
5.0 AGENDAS .......................................................................................................... 11
5.1 No Discussion of Item Not on Agenda ..................................................... 11
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 ......................................................................... 12
5.6 Staff Reports ............................................................................................ 13
5.7 Order of Business .................................................................................... 13
5.8 Agenda Preparation Distribution .............................................................. 13
5.9 Agenda Posting ....................................................................................... 13
5.10 Minutes .................................................................................................... 14
5.11 Public Comments ..................................................................................... 14
5.12 Public Hearings ........................................................................................ 14
5.13 Consent Calendar .................................................................................... 14
5.14 Oral Reports ............................................................................................ 14
6.0 CITIZENS’ RIGHTS ............................................................................................ 15
6.1 Addressing the Council ............................................................................ 15
6.2 Disorderly Conduct .................................................................................. 16
6.3 Reading of Protests ................................................................................. 18
6.4 Written Communications .......................................................................... 18
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS ........................................ 18
7.1 Document Preparation ............................................................................. 18
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7.2 Document Approval ................................................................................. 18
7.3 Ordinance Introduction/Adoption ............................................................. 18
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 ......................................................................................... 19
8.4 Council Deliberations ............................................................................... 20
8.5 Council Action .......................................................................................... 21
8.6 Extra-Meeting Contacts on Matters Set for Public Hearing ...................... 22
9.0 CENSURE OF MEMBERS ................................................................................. 22
9.1 Grounds for Censure ............................................................................... 22
9.2 Censure Defined ...................................................................................... 22
9.3 Censure Considered in Indemnification ................................................... 22
9.4 Notice and Opportunity to Cure ............................................................... 23
9.5 Initiation of Proceedings ........................................................................... 23
9.6 Hearing .................................................................................................... 23
9.7 Failure to Censure ................................................................................... 24
9.8 Sanctions ................................................................................................. 24
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES ............. 24
10.1 Mayor/Council Committees ...................................................................... 24
10.2 Creation of Advisory Boards and Committees ......................................... 24
10.3 Council Subcommittees ........................................................................... 25
10.4 Use of Email ............................................................................................ 26
10.5 Defense and Indemnification ................................................................... 26
11.0 PUBLIC RECORDS AND USE OF EMAIL ......................................................... 26
11.1 General. ................................................................................................... 26
11.2 Must Use City Email Account. .................................................................. 26
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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. ................................................................. 27
11.6 Emails in Possession of Councilmember. ................................................ 27
11.7 City Attorney Review................................................................................ 27
11.8 Definition of Public Records. .................................................................... 27
11.9 Exceptions ............................................................................................... 27
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS ........................................ 28
12.1 General. ................................................................................................... 28
12.2 Grounds for not Defending; Scope of Duties ........................................... 28
12.3 Cooperation in Councilmembers’ Defense ............................................... 28
12.4 City’s Duty to Defend – Limitations .......................................................... 28
12.5 Reservation of Rights by City ................................................................... 28
13.0 SUSPENSION AND AMENDMENT OF THESE RULES .................................... 29
13.1 Suspension .............................................................................................. 29
13.2 Amendment ............................................................................................. 29
14.0 MOTIONS AND VOTING ................................................................................... 29
14.1 Table of Motions ...................................................................................... 29
14.2 Motion to be Stated .................................................................................. 29
14.3 Voting....................................................................................................... 29
14.4 Votes Needed .......................................................................................... 30
14.5 Abstentions .............................................................................................. 31
14.6 Motion to Reconsider ............................................................................... 31
14.7 Votes of Members Previously Absent ...................................................... 32
14.8 Precedence of Motions ............................................................................ 32
15.0 BROWN ACT DEMANDS FOR CORRECTION ................................................. 32
15.1 Requirement of Written Demand ............................................................. 32
15.2 Consideration of Corrective Action .......................................................... 33
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15.3 Implementing Corrective Action ............................................................... 33
16.0 CODE OF CONDUCT ........................................................................................ 34
16.1 Statement of Purpose .............................................................................. 34
16.2 General .................................................................................................... 34
16.3 Rules of Civility ........................................................................................ 35
16.4 Disclosure of Information ......................................................................... 37
16.5 Improper Representation ......................................................................... 38
16.6 Non Interference with Administration ....................................................... 38
16.7 Decorum and Order – Employees ........................................................... 39
16.8 Not Solicit Political Support ...................................................................... 39
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Attachment A
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 regular meeting s/he attended, his/her office
becomes vacant and shall be filled as any other vacancy, as provided by Government
Code Section 36513.
2.3 Minutes of Proceedings
An account of all public proceedings of the 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 to observe or
follow said Rules. In the event of a conflict between the City’s Municipal Code and/or
these Rules of Procedure with 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 Dep uty 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 f irst 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 p rior to the
conference, meeting or seminar and will not make arrangements until 48 hours has
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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 maintain the confidentiality
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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 advice 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 conc ern 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 approval
given to initiate or intervene in an action, the announcement need not identify the action,
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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
conducted in closed session, (ii) meetings of less than a quorum, or (iii) meetings of non-
governing bodies operating in a wholly advisory role.
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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.
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 b elow, and/or
at such other location(s) as the City Clerk may designate:
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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 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
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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.
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 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
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(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.
(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.
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(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 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
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
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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 a ddress 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.
(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
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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 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.
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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
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
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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.
(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
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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
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.
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(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 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 the 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.
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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 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.
(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
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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.
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
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for adoption at a subsequent meetin g. 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 , 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
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who wish to testify in support or opposition to the matter being heard. The 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, the
matter will be automatically continued to the next meeting without reopening the hearing.
No motion to reconsider is required.
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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 pub lic
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
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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 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.
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(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.
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. The Council must and will 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
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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 Manager 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
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.
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(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, 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 must and will 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.
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11.3 Use of Private Email Accounts Prior to the Adoption of These Rules. City
Officials must and will 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 must and will 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 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 must and will 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.
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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
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.
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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.
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
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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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 ord inances 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
(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.
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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.
(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
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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.
(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
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(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 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
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(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 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
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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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.
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
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.
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(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.
(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,
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Attachment A
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 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 engrossed in performing their
job functions, in order to have the City Council Member’s individual needs met.
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01203.0001/606190.1 39 Resolution No. 2019-48
Attachment A
(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, 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.
B-51
RESOLUTION N0, 90 -93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES
FOR VACATION OF CITY RIGHT -OF -WAY AND EASE-
MENTS
WHEREAS, the City Council of the City of Rancho Palos
Verdes has determined a requirement for establishing definite
rules and procedures for vacation of City right -of -way and eas-
ments; and
WHEREAS , the City Council of the City of Rancho Palos
Verdes has determined that said rules and procedures can best be
established by setting them forth in a duly adopted City Resolu-
tion;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY RESOLVE TO OPERATE AS FOLLOWS:
Section 1: Request for Vacation. A request for
vacation of City right -of -way or easement shall be in writing to
the Director of Public Works and shall include the following;
a ) Name, address and phone number of the person (s)
making the request.
b) A map clearly defining the area covered by the re-
quest and intended use of said area.
c) Justification for the requested action.
d) Signatures of at least 50% of the directly af-
fected property owners, as determined by the Director of Public
Works.
Section 2: Initial Review. Staff will review the
application and present it at the first available Council meet-
ing. Council will then decide if the request is to be pursued.
Section 3: Vacation Procedure., If Council agrees
to proceed with the vacation, the following procedure shall be
f o l l owed ;
a) Review Fee - A trust deposit account will be re-
quired by the applicant, once Council has decided to proceed with
the vacation investigation. Charges against this trust deposit
will only 'be for work expended on the project. Deposit amount to
be $2,000.00.
b) Title Report - A title report will be commissioned
to determine underlying fee of the property in question and paid
by the applicant.
C-1
c) Committee Review - The request will then be
reviewed by the appropriate committees and recommendations for-
warded to Council.
d) Intent to Vacate - The findings of staff and the
committees will be presented to Council for adoption of resolu-
tion of "Intent to Vacate" or denial of the request.
e) Utilities - All utilities will be notified so that
existing facilities can be protected.
f) Planning Commission - The Planning Commission will
review the project to determine its compatibility with the City's
general plan.
g) Conditions of Approval - Staff will prepare a set
of conditions of approval for Council's review.
h) Vacation - Council will deny the request or adopt
a resolution of vacation. Staff will prepare legal descriptions
and documents. Once the conditions of approval have been met,
the notice of vacation will be filed.
i) Excess Funds - Any funds left in the trust deposit
shall be returned to the applicant.
Section 4: These procedures shall be implemented in
compliance with provisions as contained in the Streets and High-
ways Code.
19900
PASSED, APPROVED AND ADOPTED THIS 1 h DAY F DECEMBER,
MAYOR
County of Los Angeles
City of Rancho Palos Verdes
ss
I , JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 90 -93 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on December 18, 1 0.
n_ J/ _ / /1"', )
City 4'rk
City 0# Rancho Palos Verdes
C-2
RESOLUTION NO. 2012-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING AND
RESTATING ITS EXPENSE REIMBURSEMENT AND USE
OF PUBLIC RESOURCES POLICY AND REPEALING
AND REPLACING COUNCIL POLICY NO. 16 AND
RESOLUTION NO. 2007- 24.
A. The City Council of the City of Rancho Palos Verdes takes its
stewardship over the use of its limited public resources seriously. Periodically,
the City Council has adopted policies relating to expenses actually and
necessarily incurred by public officials in connection with their official duties on
City business. In 2004, the City Council amended City Council Policy No. 16,
which is the City policy regarding the reimbursement of City Council Members
and members of City commissions and committees for expenditures incurred for
travel and meetings and guidelines regarding reimbursement for expenses
incurred in connection with City business. In 2007, the City Council adopted a
resolution to clarify and augment those policies in order to comply with state
legislation that had been adopted, Government Code Section 53232, et seq.
B. Due to some changes to City policies, including the adoption of
Ordinance 500 establishing Council salaries, the City Council desires to amend
its policies again to ensure that they are current and to remove redundant
provisions that may cause confusion. Accordingly, this resolution shall repeal
and replace City Council Policy No. 16 and Resolution No. 2007-24.
C. The City of Rancho Palos Verdes has a history and practice of
limiting expenses that may be incurred by City Council Members, members of
City commissions and committees, and employees for travel and related
conference expenses. In addition, the City always has required such expenses
to be reasonably incurred in the conduct of the City's business, in accordance
with the requirements of previously existing law.
D. State law was amended to mandate that cities adopt written
expense reimbursement policies that apply to members of the City Council and
members of other City commissions and committees.
E. The City Council finds that there are benefits to the City if the City
reimburses City Councilmembers and members of other City commissions and
committees for their actual and necessary expenses incurred in connection with
the City's business. Those benefits include:
1. The opportunity to discuss the community's concerns with
state and federal officials;
2.Participating in regional, state and national organizations
whose activities affect the City;
D-1
3. Attending educational seminars designed to improve
officials' skill and information levels; and
4. Promoting public service and morale by recognizing such
service.
F. Legislative and other regional, state and federal agency business is
frequently conducted over meals. Sharing a meal with regional, state and federal
officials is frequently the best opportunity for a more extensive, focused and
uninterrupted communication about the City's policy concerns. Each meal
expenditure must comply with the limits and reporting requirements of this policy
and applicable local, state and federal law.
G. This policy provides guidance to the City's elected and appointed
officials on the use and expenditure of City resources, as well as the standards
against which expenditures will be measured. This policy satisfies the
requirements of Gov't Code §§ 53232.2 and 53233.3, supplements the definition
of actual and necessary expenses for purposes of state law relating to
permissible uses of public resources, and supplements the definition of
necessary and reasonable expenses for purposes of federal and state income
tax laws. The policy also applies to any charges made using a City credit card or
any other forms of payment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, RESOLVES AND ORDERS:
Section 1. Statement of Policy. This policy shall apply to the use of City funds
and the reimbursement of expenditures incurred by the members of the City
Council and the members of other City commissions and committees (sometimes
referred to hereinafter as "public officials.") This policy does not apply to other
public officials and employees of the City who are not members of legislative
bodies of the City and are governed by the City's personnel rules.
Section 2. Annual Budget. The City Council shall approve an annual budget,
prepared by the City Manager, for travel and meeting attendance, including local
meetings and overnight travel, by City officials, including an annual budget for
each City Council Member. All other expenses for overnight trips, conferences
and events that exceed or are not approved as part of the standard travel budget
shall only be funded upon prior approval by a majority of the City Council at a
duly noticed City Council meeting.
Section 3. Definitions. For purposes of this policy, the term "local meeting"
shall be used for all meetings within the greater Los Angeles area that do not
require an overnight stay. The term "conference" shall be used for all meetings
beyond the greater Los Angeles area that require an overnight stay to be on time
for the start of the meeting. The greater Los Angeles area shall be defined as a
destination within 50 miles of Rancho Palos Verdes.
1454589.2 Resolution No. 2012-31
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Section 4. Authorized Expenses. City funds, equipment, supplies and staff
time must only be used in connection with City-related business. Expenses
incurred by public officials in connection with the following types of activities
constitute authorized expenses, and may be reimbursed by the City as long as
the other requirements of this policy are met:
1. Serving the needs of the residents, businesses and visitors of
the City.
2. Communicating with constituents in compliance with applicable
laws.
3. Communicating with representatives of regional, state and
national government on City policy positions.
4. Attending educational seminars designed to improve public
officials' skill, knowledge, and information levels.
5. Participating in regional, state and national organizations whose
activities benefit or affect the City's interests.
6. Recognizing service to the City (for example, thanking a
longtime employee with a retirement gift, celebration or award of nominal value
and cost or attending a local meeting to present a City proclamation to an
individual or group).
7. Attending City, community, regional and other events.
8. Gathering facts and information regarding City projects, issues
and priorities in other jurisdictions.
9. Implementing a City-initiated strategy for attracting or retaining
businesses to the City.
10. Attending meetings for which a meeting stipend is expressly
authorized under this policy.
Section 5. Council approval required., The reimbursement of an expense in
excess of the amounts authorized in this policy or in the City's annual budget,
incurred in connection with international or out-of-state travel, or in excess of the
annual limits established for each office holder shall require prior approval by a
majority of the City Council at a duly noticed City Council meeting.
Section 6. Non-reimbursable expenses. Examples of personal expenses that
the City will not reimburse include:
1454589.2 Resolution No.2012-31
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D-3
1. The personal portion of any trip, such as charges for laundry
service, dry cleaning, room service, and personal telephone calls.
2. Political or charitable contributions.
3. Family expenses, including a spouse or partner's expenses
when accompanying a City official on City-related business, as well as expenses
related to children or pets.
4. Entertainment expenses (e.g. theater, movies, in-room movies
and video games, recreation, gym fees and massage expenses, or cultural
events not related to City business).
5. Non-mileage personal automobile expenses, including repairs,
traffic citations, insurance or gasoline.
6. Personal losses incurred while on City business.
7. Mileage incurred by City Council Members to attend local
meetings shall be at the attendee's expense.
8. In accordance with the interpretation of the California Attorney
General and the Los Angeles County District Attorney, Council Members shall
not be reimbursed for their expenses in purchasing meals for third parties, such
as constituents, legislators, and private business owners, at meetings held to
discuss legislation or other matters affecting the City.
Section 7. Use of Accounting Procedures. The City shall follow established
accounting procedures of the City for payment and/or reimbursement of
expenses related to travel and meeting attendance. Eligible costs associated
with City-related business shall be charged against each individual Council
Member's budget, or in the case of City commissions and committees, against
the budget for that particular commission or committee. Generally, notification of
the attendee's intent to attend should be made prior to the scheduled departure
or meeting date in order to provide the necessary time for staff to make
appropriate arrangements. All meetings, regardless of whether one-day local
meetings or conferences, must have budgeted funds available for reimbursement
or advance registration. If funding is not available, the attendee must obtain prior
approval from the City Council at a duly convened meeting, and a corresponding
budget adjustment also must be approved. City Council members shall submit
reservation requests or receipts to the City Manager's Office, which will prepare
the warrant request for payment or reimbursement relating to City Council travel
and meeting attendance. Travel and meeting expenses reimbursed by other
agencies are not subject to reimbursement by the City. Any questions regarding
the propriety of a particular type of expense shall be submitted to the City Council
for determination before the expense is incurred.
1454589.2 Resolution No. 2012-31
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D-4
Section 8. Cost Control. To conserve City resources and keep expenses
within community standards for public officials, expenditures shall adhere to the
following guidelines. All expenses must be ordinary, necessary and reasonable
amounts. Any expenses incurred that exceed these guidelines must be
approved in advance by a majority of the City Council at a duly noticed City
Council meeting.
1. Transportation,.The City will use the most economical
mode and class of transportation reasonably consistent with the City official's
scheduling needs, time constraints, and cargo space requirements, using the
most direct and time-efficient route. Government and group rates will be used
when available. The City Council recognizes that certain public officials are part-
time volunteers, and that other commitments may impact the economy of
available travel arrangements.
a. Airfare. Airfares that are equal to or less than those
available through the Enhanced Local Government Airfare Program offered
through the League of California Cities (www.cacities.org/travel), shall be, in
most normal circumstances, presumed to be the most economical and
reasonable for purposes of reimbursement under this policy. The City Council
recognizes and acknowledges that such airfares are not always practicable or
available in certain limited circumstances, and finds that higher airfares may be
appropriate in individual cases, in which case, air travel shall be by the lowest
cost scheduled carrier that reasonably meets the schedule of the traveler. If the
attendee wishes to travel by automobile instead of by plane outside of Southern
California, he or she may do so. Reimbursement will be the lower of the
prescribed mileage allowance or the cost of the round-trip airfare to and from the
destination, as permitted by this paragraph.
b. Automobile. The City Council finds that the use of an
automobile is essential to the performance of the functions of a member of the
City Council and the Planning Commission in the City of Rancho Palos Verdes
and shall pay a monthly salary to Councilmembers and Planning Commissioners.
Pursuant to Government Code Section 1223, the salary for Planning
Commissioners is hereby established at $135.00 per month to compensate
Planning Commissioners for their local automobile travel on Planning
Commission-related business within the City. By Ordinance No. 500, the City
Council has established a monthly salary for City Council Members, in
accordance with the provisions of Government Code Section 36516, to
compensate Council Members for their local automobile travel on City-related
business within the City and within fifty miles of the City. Personal automobile
travel for City Councilmembers more than fifty miles from the City shall be
reimbursed based on the number of miles traveled and at Internal Revenue
Service rates presently in effect (see www.irs.gov). These rates are designed to
compensate the driver for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not include bridge and
road tolls, which are also reimbursable. The Internal Revenue Service rates will
1454589.2 Resolution No.2012-31
Page 5 of 9
D-5
not be paid for local rental vehicles; only receipted fuel expenses will be
reimbursed.
c.Car Rental. Charges for rental vehicles (e.g. rental rate,
applicable taxes and insurance, receipted fuel expenses) may be reimbursed for
out of town travel, if renting a rental vehicle is more economical than other forms
of transportation. In making such determination, the cost of the rental vehicle,
parking and gasoline will be compared to the combined cost of such other forms
of transportation. Rental rates that are equal to or less than those available
through the State of California's website
http://www.catravelsmart.com/default.htm) shall be considered the most
economical and reasonable for purposes of reimbursement under this policy, but
higher rates may be appropriate. Where feasible, City officials shall share a
rental car.
d. Taxis/Shuttles. Taxis/shuttles fares may be reimbursed,
including a 15 percent tip, where the fare is equal to or less than the cost of car
rentals, gasoline and parking combined or such transportation is necessary for
time-efficiency.
2. Lodging. Lodging expenses will be reimbursed or paid
for when travel on official City business reasonably requires an overnight stay.
An attendee is not eligible for reimbursement for hotel charges incurred prior to
the official first day of a conference or other scheduled City business event,
unless it would be an inconvenience for the attendee to arrive on the first day of a
conference that begins in the morning. In these cases, the attendee shall be
eligible for reimbursement for hotel charges for one night prior to the official first
day of the conference. Attendees are required to provide the hotel with a letter
advising the hotel that the elected or appointed officials are exempt from
transient occupancy tax (TOT) charges while conducting official business on
behalf of the City.
a. Conferences/Meetings. If such lodging is in connection with
a conference, lodging expenses must not exceed the group rate published by the
conference sponsor for the meeting in question if such rates are available at the
time of booking. If the group rate is not available, see next paragraph.
b. Other Lodging. Travelers must request government lodging
rates, when available. A listing of hotels offering government rates in different
areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging
rates that are equal to or less than government rates are presumed to be
reasonable and hence reimbursable for purposes of this policy. In the event that
government rates are not available at a given time or in a given area, lodging
rates that do not exceed the median retail price for lodging for that area listed on
websites like www.hotels.com or www.expedia.com or an equivalent service shall
be considered reasonable and hence reimbursable if, given the circumstances of
the travel, such comparable rates can be found. In unique circumstances, the
City Manager may approve the reimbursement of reasonable lodging costs that
1454589.2 Resolution No.2012-31
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exceed the two standards above, if necessary under the circumstances.
3.Meals. City officials shall take, when available, meals provided as
part of a conference registration fee. For fiscal year 2011-2012, reimbursable
meal expenses and associated gratuities shall not exceed $80 per day and must
be documented by receipts. Such amount will be adjusted annually without
further action by the Council to reflect changes in the cost of living in accordance
with statistics published by the U. S. Department of Labor, Bureau of Labor
Statistics Consumer Price Index, all urban consumers for the Los Angeles
Metropolitan Area, for the twelve months ending on May 31st of each year for the
following fiscal year.
4. Telephone/Fax/Cellular. Officials will be reimbursed for all
actual telephone and fax expenses incurred while on City business. Telephone
bills shall identify which calls were made in connection with City business. The
City may provide cellular telephones or personal digitial assistance devices
pda's) at the City's cost for the use of public officials for City business, which
shall be addressed in a separate City policy.
5.Internet.City officials will be reimbursed for Internet
access connection and/or usage fees away from home, not to exceed $15.00 per
day, if Internet access is necessary for City-related business.
6. Airport Parking and Other Charges.The City will
reimburse: parking costs based on actual costs or the equivalent of long-term
parking rates used for travel exceeding 24-hours; baggage handling fees; and
reasonable gratuities.
Section 9. Cash Advance Policy. It may be necessary for an official to request
a cash advance to cover anticipated expenses and per diem expenses while
traveling or doing business on the City's behalf. Any request for an advance
should be submitted to the Finance Department not less than 5 days prior to the
need for the advance with the following information:
1. The purpose of the expenditure(s);
2. The benefits of such expenditure to the residents of City;
3. The anticipated amount of the expenditure(s) (for example,
hotel rates, meal costs, and transportation expenses); and
4. The dates of the expenditure(s).
Any unused advance must be returned to the City treasury within 5
business days of the official's return, along with an expense report and receipts
documenting how the advance was used in compliance with this expense policy.
For the City Manager and elected and appointed officials, the City Council shall
make the final decision regarding compliance with this policy, if necessary.
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Section 10. Credit Card Use Policy. City officials may use the City's credit
card for such purposes as airline tickets, meals and hotel reservations by
following the same procedures for cash advances. Receipts documenting
expenses incurred on the City credit card and compliance with this policy must
be submitted within ten days of the end of use. City credit cards may not be
used at any time for personal expenses, even if the official subsequently
reimburses the City.
Section 11. Expense Report Content and Submission Deadline. All cash
advance expenditures, credit card expenditures and expense reimbursement
requests must be submitted on an expense report form provided by the City and
shall be accompanied by receipts, invoices and other supporting documentation.
Expense reports must document that the expense in question satisfies the
requirements of this policy. The form shall include the following advisory:
All expenses reported on this form must comply with the City's
policies relating to expenses and use of public resources. The information
submitted on this form and the supporting documentation are public
records, which will be retained by the City in accordance with the City's
document retention schedule. Penalties for misusing public resources and
violating the city's policies include loss of reimbursement privileges,
restitution, civil and criminal penalties as well as additional income tax
liability.
Except as required sooner by this policy, officials must submit their
expense reports within 30 calendar days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in
addition to any credit card receipts, must be submitted. The inability to provide
such documentation in a timely fashion may result in the expense being borne by
the official.
Section 12. Verification of Expense Reports. All expenses are subject to
verification that they comply with this policy. The City Council and/or the Director
of Finance or his/her designee may request additional documentation or
explanation of individual expenditures for which reimbursement is requested by a
public official.
Section 13. Reports To the Public. At a subsequent City Council meeting, each
public official shall briefly report, orally or in writing, on meetings attended at City
expense. If multiple officials attended an event, a joint report or individual report
on behalf of all attendees may be made.
Section 14. Compliance With Laws. Some expenditures may be subject to
reporting under the Political Reform Act and other laws. Records of all City
expenditures and documentation regarding expense reimbursements are public
records subject to disclosure under the Public Records Act.
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Section 15. Repeal and replacement of City Council Policy 16 and Resolution
No. 2007-24. City Council Policy No. 16 and Resolution No. 2007-24 are hereby
repealed and replaced by this Resolution.
Section 16. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTE' -• 1St day of May 2012.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California, do
hereby certify that the foregoing Resolution No. 2012-31 was duly and regularly
passed and adopted by said City Council at a regular meeting thereof held on
May 1, 2012.
1
City Clerk,
1454589.2 Resolution No.2012-31
Page 9 of 9
D-9
RESOLUTION NO. 2015-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION 2010-
77 TO MODIFY PARKING RATES CHARGED AT ABALONE
COVE SHORELINE PARK.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AS FOLLOWS:
WHEREAS, the City of Rancho Palos Verdes ("City") currently has established
parking fees at Abalone Cove Shoreline Park, as set forth in Resolution 2010-77 of the
Rancho Palos Verdes Master Schedule of fees and charges for City services; and
WHEREAS, the City Council desires to modify the parking lot fees at Abalone Cove
Shoreline Park as follows;
PARKING Current Fees Proposed New Fees
ABALONE COVE
First 30 minutes free
PARKING—CAR
5 6 30 min-2 hours
12>2 hours
ABALONE COVE 15 55
PARKING—BUS
ABALONE COVE
5 NO CHARGE
SENIORS-SUMMER
ABALONE COVE FALL TO NO CHARGE NO CHARGE
SPRING-SENIORS
ABALONE COVE
NO CHARGE NO CHARGE
DISABLED RATE
WHEREAS, on April 21, 2015, the City Council conducted a duly noticed public
hearing concerning the proposed revision of the parking fees which was continued to May
5, 2015; and
WHEREAS, the adoption of this Resolution approving the revision to the parking
fees at Abalone Cove Shoreline Park is exempt from the California Environmental Quality
Act (Public Resources Code Sections 21080 et seq.), pursuant to Public Resources Code
Section 21080(b)(8)(A); and
WHEREAS, all requirements of California Government Code Sections 66016 and
66018 are hereby found to have been satisfied;
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
Section 1. The facts set forth in the Recitals of this Resolution are true and
correct and are hereby incorporated herein by reference as though set forth in full.
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Section 2. The City Council hereby approves and adopts the revisions to the
Parking Fees at Abalone Cove Shoreline Park, as set forth above, and hereby amends the
relevant provisions of Resolution 2010-77 to incorporate the revised Parking Fees.
Section 3. The modified Parking Fees specified in this resolution shall become
effective on July 4, 2015, provided that an appeal to the California Coastal Commission is
not filed from the City Council's determination.
Section 4. The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council of the City.
PASSED, APPROVED and ADOPTED this 5th day of May 2015.
r F 'or
ATTEST:
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2015-36, was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on May 5, 2015.
4_4
City Clerk
Resolution No. 2015-36
Page 2 of 2
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