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HomeMy WebLinkAboutRES-10-6720 (TEMPORARY ADVISORY COMMITTEES)1 2 3 4 s 6 7 s 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 _7 28 RESOLUTION NO. 10-6720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BYLAWS FOR TEMPORARY ADVISORY COMMITTEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Hermosa Beach Municipal Code is silent as regards the procedures and operations of temporary advisory committees created from time to time by the City Council. The purpose of the Resolution is to adopt standard bylaws that will govern the procedures and operations of all temporary advisory committees appointed by the City Council. SECTION 2. The Bylaws attached hereto are herby adopted and approved and shall govern the procedures and operations of temporary advisory committees created by the City Council. The Bylaws shall apply to all temporary advisory committees in existence on and established after the date of adoption of this Resolution. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original Resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 14th day of Se/tember 2010. PRESIDENT of the City Council and MAYOR of the City f Hermosa Beach, California I I ATTEST: City Clerk AS City Attorney CITY OF HERMOSA BEACH TEMPORARY ADVISORY COMMITTEE BYLAWS 1. Purpose and Intent. The City Council may from time to time establish temporary advisory committees to study specific issues and make recommendations to the Council. These Temporary Advisory Committee Bylaws set forth the City Council's expectations for and the procedural rules governing the conduct of meetings of the temporary advisory committees created by the Council. These Bylaws address selective aspects of the governance of the City and supplement, but do not supplant, other laws and rules that prescribe the legal responsibilities of City officials. Those include, among others, the California Constitution, various provisions of the California Government Code (including the Brown Act and the Political Reform Act) and Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City=s own Municipal Code. It is not possible for Bylaws of this kind to anticipate and provide a rule of conduct for all situations. At bottom, it is expected that officials will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that officials will treat each other, City employees, residents and business -people with courtesy and respect in a manner that reflects well on the City. 2. Formation and Membership. The City Council may form a temporary advisory committee by any lawful means of taking action. The Council may itself appoint the members of the committee or may delegate that task to a subcommittee of the Council appointed to serve on and lead the committee. Either the City Council or the Council subcommittee, as the case may be, may determine the size of the committee and the qualifications of its members. 3. Meetings. Temporary advisory committees shall conduct their business in accordance with these Bylaws and the Ralph M. Brown Act (Government Code Section 54950 of seq.). 3.1 Regular Meetings. Temporary advisory committees shall hold regular meetings on such days and at such times as they determine, except that no meeting shall be held if a regular meeting day falls on a legal holiday. Regular meetings shall be held in a City meeting space as indicated on the agenda of the meeting. 3.2 Special Meetings. Special meetings of temporary advisory committees may be called at any time by the Chair or by a majority of the committee, by delivering written notice to each committee member and by posting the notice in the designated posting locations. Such notice may be delivered by any means and must be received at least twenty-four hours before the time of such meeting as specified in the notice, unless notice is waived in writing. The notice shall specify the time and place of the special meeting and the business to be transacted, and no other business shall be transacted at that meeting other than that contained in the notice. Page 1 3.3 Adjourned Meetings. All meetings of temporary advisory committees may be adjourned to another specified time, place and date, but not beyond the next regular meeting. If all members are absent from any regular or adjourned regular meeting the Chair may declare the meeting adjourned to a stated time and place, and shall cause a written notice of the adjournment to be given in the same manner as provided in paragraph 3.2 above for special meetings. A copy of the notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. 3.4 Public Meetings. All meetings of temporary advisory committees shall be open to the public. 3.5 Cancellation of Regular Meetings. Temporary advisory committees may cancel an upcoming regular meeting for lack of a quorum. Notice of the cancellation shall be posted in lieu of an agenda. 4. Organization of Temporary Advisory Committees. 4.1 Officers. The Chair and Vice -Chair of temporary advisory committees shall be selected by or as determined by the City Council when establishing the committee, and if not determined by the Council, shall be selected from among the membership of the committee. The Vice -Chair shall preside in the absence of the Chair. The Chair and Vice -Chair are sometimes referred to herein as the "presiding officer." The Chair shall have the following powers: 4A.1 To call to order the committee meeting and to conduct the order of business as set forth in the agenda; 4.1.2 To adjust the agenda, if needed, at the time of the meeting with the approval of the committee; 4.1.3 To move, second, debate and vote; 4.1.4 To rule motions in or out of order; 4.1.5 To determine whether a speaker from the audience has exceeded his or her time or is otherwise out of order; 4.1.6 To rule on questions of parliamentary procedure based generally on Robert's Rules of Order; 4.1.7 To sign all resolutions and other documents necessitating his or her signature; Page 2 4.1.8 To call a brief recess during a meeting; 4.1.9 To appoint committee members to subcommittees with the approval of the committee; and 4.1.10 To maintain order and decorum as described in paragraph 7.4 below. The presiding officer's determination as to any of the above matters may be overruled by a majority of the committee present. 4.2 Quorum. A majority of the total membership of the committee shall constitute a quorum for the transaction of business. Where there is not a quorum present, the presiding officer shall announce that no meeting will be held due to lack of a quorum, and shall announce the date of the next regular or adjourned meeting. Except as otherwise provided herein, any decision of a committee shall require a vote of the majority of the committee present and qualified to vote. 4.4 Subcommittees. A committee may from time to time establish either standing or ad hoc subcommittees consisting of any number less than a quorum of its membership for the purposes of studying a specific area of concern. Standing subcommittees (which have a regular meeting schedule or continuing subject matter jurisdiction) are subject to all of the requirements of the Brown Act. The committee may refer matters to a subcommittee to report back to the full committee at a future date. The subcommittee report will be considered advisory and its recommendations are subject to action by the full committee. 5. The Committee Agenda. 5.1 Preparation of the agenda. The Chair of a temporary advisory committee in consultation with the City Manager shall formulate and prepare the agenda for committee meetings. 5.2 Posting of the agenda. The City Clerk shall cause to be posted an agenda for each regular meeting in the designated posting locations not less than 72 hours prior to the meeting. Agendas for adjourned meetings shall be posted in the same fashion, unless the business to be undertaken is limited to the items on the agenda of the meeting at which the adjournment occurs and the meeting is adjourned to a date within five days of the adjournment. Agendas of special meetings shall be posted and provided along with the notice of the meeting as provided in paragraph 3.2 above. 5.3 Affidavit of posting. Immediately following the posting of the agenda, the City Clerk or designee shall complete an affidavit of posting. The affidavit shall indicate the time and location of posting, and shall be Page 3 signed under penalty of perjury. The City Clerk shall retain all such affidavits in accordance with the City's records retention policy. 5.4 Order of Business. Items shall be placed on the agenda substantially according to the following "Order of Business." Upon review of the agenda at the beginning of any meeting, the committee may change the order of business in order to promote the efficiency of the meeting. The Order of Business for each regular committee meeting shall be substantially as follows: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Oral Communications 5. Approval of Minutes 6. Subcommittee Reports 7. New Business 8. Unfinished Business 9. Adjournment 5.5 Description of Matters on the Agenda. All items of ,business to be transacted shall be described briefly on the agenda in sufficient detail so that a reasonable person can determine the general nature of the matter under consideration. Not every recommendation or conceivable action or alternative need be listed. Generally, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the committee. 5.6 Adding Items of Business to the Agenda. The committee shall not discuss or take action on any item of business not listed on the posted agenda. 5.7 Adding Items of Business to a Future Agenda. Any member of the committee may during "items from committee members" request that an item of business within the committee's subject matter jurisdiction be added to a future agenda. Such requests are subject to approval of a majority of the members of the committee present and voting. 5.8 Public Comments. Members of the public shall be permitted to speak on each item of business on the agenda when the item is taken up and before action is taken on the item by the committee. Each speaker shall have the same amount of time to speak, as determined by the Chair or the committee; time cannot be ceded to another speaker. In order to facilitate the conduct of the meeting, the Chair or the committee may lengthen or shorten the usual time period for all speakers on a particular agenda item based on the number of persons in attendance wishing to speak or the complexity of the matter under consideration. The "Public Comments" item shall be limited to matters not on the agenda but within Page 4 the subject matter jurisdiction of the committee. An individual may speak only once during "Public Comments." 6. Conduct of Committee Meetings. 6.1 Action by the Committee. The committee shall proceed by way of motion. Any member, including the Chair, may make a motion and any member may second the motion except that the same person who made the motion cannot second it. A member may make only one motion at a time and a motion or second may be withdrawn by the maker at any time before a vote. 6.2 Adoption by Majority Vote. A motion shall be adopted by an affirmative vote of a majority of the committee present provided a quorum is determined to exist. Committee members have a duty to vote "aye", or "nay" on each motion. Abstentions shall be cast only if the committee member declares: 6.2.1 The existence of a conflict of interest or other disqualification from voting; or 6.2.2 A lack of sufficient information upon which to base a vote due to absence from a previous meeting. Abstentions are not counted in the vote tally. 7.4. Rules of Decorum. 7.4.1 Rules for Committee Members. Members of committees shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the committee is maintained at all times. Members of the committee shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings. Committee members should refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the committee, City staff, guest speakers and the public, and avoid personal comments not germane to the issues before the committee. Committee members shall speak clearly into the microphone so that they can be heard by the audience. Committee members shall act collectively in a properly noticed and constituted meeting; members have no authority to make decisions, take actions or speak on behalf of the body unless expressly authorized by the committee to do so. A committee member repeatedly or continuously engaging in disruptive conduct shall, at the discretion of the Presiding Officer or a majority of the Page 5 committee, be subject to ejection from that meeting. Members of temporary advisory committees shall prior to commencing service execute a code of conduct substantially in the form attached to these Bylaws signifying their agreement to comport themselves in accordance with the rules set forth herein. a. Communication with Fellow Committee Members 1) Committee members should request the floor of the Presiding Officer before speaking. 2) A committee member who is speaking shall attempt to avoid repetition and shall limit his or her comments to the subject matter at hand. Committee members should express their views without engaging in lengthy debates. 3) When one committee member is speaking, other committee members shall not interrupt or otherwise disturb the speaker. b. Communication with Members of the Public Addressing the Committee. 1) Committee members may question a person addressing the committee at the conclusion of the person's comments or upon expiration of the person's time to speak. Such questions shall be directed to the person through the Presiding Officer. 2) Committee members shall not engage the person addressing the committee in a dialogue, but shall confine communication to a question and answer format conducted through the Presiding Officer. 3) If a member of the audience has addressed the committee on matters that are not on the agenda, committee members shall refrain from discussion of the matter. If a committee member so wishes, he or she may, if appropriate, during the "items from committee members" portion of the meeting, ask that the matter be placed on the next agenda, subject to the approval of the committee. 7.4.2 Rules for the Public a. Members of the Audience. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the Committee meeting infeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the Page 6 discretion of the Presiding Officer or a majority of the committee, be subject to ejection from that meeting. b. Persons Addressing the Committee. 1) No person shall address the committee without first being recognized by the Presiding Officer. 2) Each person addressing the committee shall do so in an orderly manner and shall not make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the committee meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the committee, be subject to ejection from that meeting. 7.4.4 Enforcement. a. The Chair shall follow the following procedure to maintain decorum- 1) Warning. The Presiding Officer shall request that a person who is disrupting the meeting cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the committee meeting. If the person does not leave the meeting, the Presiding Officer may order a law enforcement officer to remove the person from the committee chambers. 2) Removal. A law enforcement officer shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the law enforcement officer to remove from the committee meeting any person who is disturbing the proceedings of the committee. 3) Clearing the Room. If a meeting of the committee is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the Presiding Officer or a majority of the committee may exercise the authority granted in California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner authorized by Section 54957.9 of the Government Code. Members of the press shall be Page 7 permitted to remain unless they have participated in the disruption. b. Members of a temporary advisory committee appointed directly by the City Council may be removed at any time by the Council. In the event that members are not appointed by the City Council, the committee may, upon a 2/3 vote of those present and voting, permanently remove a member from the committee. 8. Robert's Rules of Order. If a matter arises that Is not covered by these rules, the Brown Act or the Hermosa Beach Municipal Code, the procedures of the committee shall be governed by the latest revised edition of Robert's Rules of Order to the extent not inconsistent with laws governing public agencies. 9. Dissolution of or at any other time, in Temporary advisory the completion of their ounci . Temporary Advisory Committee CODE OF CONDUCT MEMBER STATEMENT The following represents a set of principles and core values that defines a desired model of behavior for committee members. It is intended as a baseline of agreed upon expectations of each other that increase and maintain the sense of community, responsibility and accountability that committee members are expected to uphold in fulfilling their appointed responsibilities. As a Committee Member of the Committee I will: Act in the best interest, be honest and serve with integrity. Avoid conflict of interests. Help create an atmosphere of respect and civility where individual members, City staff, guest speakers and the public are free to express their ideas and work to their full potential; Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the committee, City staff, guest speakers and the public, and avoid personal comments not germane to the issues before the committee; Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; Respect the dignity, confidentiality and privacy of individuals and organizations; Avoid and discourage conduct which is divisive or harmful to the best interest of the Committee and the community; I affirm that I have read, understand and will abide by this Committee Code of Conduct, that I will read and abide by all agreed upon amendments to this code, and that I will strive to conduct myself in accordance with the Code. Date: Signature STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hennosa Beach, California, do hereby certify that the foregoing Resolution No.10-6720 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on September 14, 2010. The vote was as follows: AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio NOES: None ABSTAIN: None ABSENT: None Dated: September 28, 2010 Elaine Doerfling,