WRITTEN PUBLIC
COMMENTS RECEIVED
From: Deborah Blum
To: City Clerk
Subject: SS A-2 (study session agenda item A-2)
Date: Monday, September 16, 2024 12:49:19 PM
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Dear City Council,
I am writing to say that I’d like to maintain the city's present rule that legislation and all formal actions may only occur during the evening formal city council meeting.
Sincerely,
Deborah Blum
Beverly Hills, CA 90210
From: daniel hollander
To: City Clerk
Subject: Study sessions
Date: Monday, September 16, 2024 8:35:26 AM
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I want to state my opposition to any change in the rules and practices regarding legislation. Legislation should only be allowed during the formal evening sessions of the city council.
Daniel Hollander
.
TO: HONORABLE MAYOR, VICE MAYOR, AND COUNCILMEMBERS
FROM: STEVE MAYER
DATE: SEPTEMBER 16, 2024
RE: AGENDA ITEM A-2: City Council Policy Manual
On the accompanying sheets, please find observations and comments regarding the proposed “City Council Policy Manual” through page 13.
In addition, this communication will summarize several important topics Previous Redline From February
What this Agenda Report did not provide is the basis upon which the previous Council based its decisions in February.
For the new Councilmembers, one suggestion is that they examine the “original” red-line, not the “revised” red-line.
The original redline can be found here:
https://beverlyhills.granicus.com/MetaViewer.php?view id=49&clip id=9569&meta id=591231 Allow The Mayor To Run A Meeting In His or Her Way
The Agenda Report reflects that Staff may ask you to revisit topics.
When considering such requests, an overarching objective should be in maintaining the long-standing tradition for the Mayor (and/or a Chair) to be able to run a meeting as he or she fits.
In particular there were changes to the “Organization Of Formal City Council Meetings.” (Page 13) In addition, there will be proposed changes to “Public Comment At Council Meetings.” (Page 12)
For both, there should be no changes from the previous Policy Manual. Instead, it is suggested that should be an additional “asterisk” for both subjects.
For the “Organization Of Formal City Council Meetings,” the suggested language after the asterisk could be:
* “ At the discretion of the Mayor, the order may be changed with the consent of the Council.”
Agenda Item A-2
September 16, 2024
For the “Public Comment At Council Meetings,” the suggested language after the asterisk could be:
* “At the discretion of the Mayor, the process for public comment may be changed with the consent of the Council.”
An asterisk, in both cases, would provide maximum flexibility for the Mayor.
Study Session Meetings
First, there is no description as to the purpose of a Study Session Meeting (Page 10). Its traditional purpose is to provide “direction” to Staff. But, there is no definition of “direction.”
Second, there is a proposed addition that allows formal Council decisions to be voted upon at a Study Session. That addition should be eliminated. A different solution would be to call for a Special Session in conjunction with the Study Session.
Continuing Education
A particular problem that the public faces is the Councilmembers / Commissioners sole reliance upon Staff.
The League of California Cities has an alternative. It provides workshops for the Mayor, Councilmembers, and Planning Commissioners.
For example, the Mayor and Council Members Academy is next January 22-24, 2025 while the Planning Commissioners Academy is March 5-7, 2025.
There are many similar programs offered by other similar organizations.
It is suggested that all Councilmembers and Commissioners be required to commit to at least one in-person “continuing education” seminar per year, at City expense.
Draft Agendas
The City provides Draft Agendas internally and to selected outsiders.
It is suggested that Draft Agendas be published the City website.
Agenda Item A-2
September 16, 2024
Councilmember Study Session Agenda Requests
On Page 36, it states
“Any City Ccouncilmember may request an an item be placed on a future study session Informal Mmeeting Aagenda with the consent of the Mayor. These items are limited to one hour of staff time to research and write the report.
Alternatively, a majority of the City Council may place an item on the study session meeting agenda.”
First, the phrase of “with the consent of the Mayor,” should be eliminated. That requirement was enforced by the previous Mayor, without any authority. That is wrong.
The previous policy existed from 2006, and was not abused.
Second, the wording of the last sentence would seem to encourage Brown Act violations.
PUBLIC COMMENT - AGENDA ITEM A-2
City Council Policy Manual
Observations & Comments
# Chap Pg
Paragraph
Title Observations & Comments
1 2 6 Role of
CouncilMembers
3. Supervise Appointed Officials / 4. Provide Public
Leadership
Observation:
(1) Should there not be reference to the auditing function of both the financial and operational aspects of the City? 2 2 6 Purchasing
Authority
Observation:
(1) Does the Director of Public Works need a greater
authority in the event of emergency, or is this covered within the $200,000 authority of the City Manager?
(2) Is there any reason why such information should not be presented quarterly, and include those amounts between $100,000 to $200,000?
3 2 7 Media Relations Paragraph 4
“In instances where a Councilmember is providing
comments to the media on actions taken by the City
Council where those comments do not align with the
City’s official position, then the Councilmember shall
clearly state they are expressing only their individual views and that their statements do not reflect the view of the City Council.”
Observation:
(1) Is the fourth paragraph in conflict with the third
paragraph?
If a reporter contacts a Councilmember after a City
Council Meeting to discuss a Councilmember’s vote, does that require “advising the Deputy city manager” of such a
contact?
PUBLIC COMMENT - AGENDA ITEM A-2
City Council Policy Manual
Observations & Comments
# Chap Pg
Paragraph
Title Observations & Comments
4 2 8 Social Media Paragraph 5
“Councilmember shall not directly respond to a social
media post by another councilmember concerning a
matter within the City’s subject matter jurisdiction,
including the use of digital icons that express
reactions to a communication.”
Comment:
(1) What does this mean? A Councilmember cannot publicly praise another Councilmember? A Councilmember cannot
publicly disagree with another Councilmember?
5 2 9 Participation In
Conferences and
Meetings
Requiring Travel
Paragraph 2 - Sentence3 & 4:
“…then the Councilmember shall seek City Council
preapproval unless the organization for the event is
fully funding the Councilmember’s attendance at no
cost to the City. A City Council member may attend
any number of conferences and not be reimbursed by
the City when traveling solely to represent themselves
and not the City.”
Observation:
(1) Should such costs be disclosed to the Council?
(2) If a different organization pays for the Councilmember’s travel, should it be disclosed to Council?
6 2 10 Study Session
Meetings
Observation:
(1) There is no description of the purpose of a City Council Study Session
In fact, it is to provide “direction” to Staff
(2) There is no description of what “direction” is
PUBLIC COMMENT - AGENDA ITEM A-2
City Council Policy Manual
Observations & Comments
# Chap Pg
Paragraph
Title Observations & Comments
7 2 10 Study Session
Meetings
Study Session Meetings - Last Sentence
“The study session shall be a regular meeting of the
City Council for all purposes. While the City Council
may take formal action at a study session meeting, it is the aim of the City Council that the public comment on
major items should generally occur at the formal
session.”
Comment:
This is an unneeded addition.
An episode prompted this addition. The episode resulted in an uproar. The episode was caused by a former Mayor who felt inconvenienced.
If there is such a need, a Special Meeting can be called, in conjunction with the Study Session.
The public has an expectation that a Study Session is just a Study Session, and that no formal action will take place. 8 2 10 Establishment Of
Ad Hoc
Committees
Comment:
(1) What is the policy of public participation / observation of Ad Hoc committee meetings?
9 2 11 Communication
With Applicants
Paragraph 2
“Applicants and/or their legislative advocates in such
decisions may want to meet with individual members
of the City Council. In those instances, individual
meetings with an applicant and/or their legislative
advocates are inappropriate as the City Council is
limited to only considering evidence presented as part
of the public hearing. In other matters, which may be
legislative in character, meetings with applicants
and/or their legislative advocates shall take place in
City Hall with a member of City staff present.”
PUBLIC COMMENT - AGENDA ITEM A-2
City Council Policy Manual
Observations & Comments
# Chap Pg
Paragraph
Title Observations & Comments
Comment:
(1) The third sentence should be in a separate paragraph. 10 2 11 Communication
With Applicants
Paragraph 3
“If a Councilmember does receive relevant
information about a quasi-judicial matter outside of
the public hearing, the Councilmember is required to
publicly announce the information learned at the
formal hearing and before testimony begins. This
allows the affected parties to react to the information a Councilmember has heard, give the Councilmember
relevant background and, sometimes, correct
erroneous information.”
Comment:
(1) “…the Councilmember is required to publicly announce the information learned at the formal hearing and before testimony begins.”
Such information is not currently disclosed.
What process can be created to be certain that erroneous information proffered by the Applicant can be corrected at the Hearing?
11 2 12 Public Comment
At
Council
Meetings
Suggestion:
The recommendation is to keep the language as is.
It is a steadfast tradition in the City that the Mayor and/or Chair have discretion as to run a meeting as they see fit.
The current Mayor proposed a public participation that fits his manner of running a meeting. A future Mayor may have a
different way.
Allow each Mayor to propose their method with each term.
Thus, the suggestion is to create an asterisk at the end of the section:
PUBLIC COMMENT - AGENDA ITEM A-2
City Council Policy Manual
Observations & Comments
# Chap Pg
Paragraph
Title Observations & Comments
* “At the discretion of the Mayor, the process for public comment may be changed with the consent of the Council.” 12 2 13 Organization of
Formal City
Council
Meetings
Suggestion:
Create an asterisk at the bottom of the list with the language of:
“At the discretion of the Mayor, the order may be
changed with the consent of the Council.”
Again, it is a steadfast tradition in the City that the Mayor and/or Chair have discretion as to run a meeting as they see fit.
13 2 13 Agendizing
Topics For
Discussion
Paragraph 2 - Sentence 2:
“If a City Councilmember is not available or at home
to receive the packet, then the documents will be left in their City Council office.”
Comment:
What is so confidential that would be revealed if it was stolen from the doorstep?
From: Cherie McDermott
To: City Clerk
Subject: SS A-2
Date: Monday, September 16, 2024 11:10:59 AM
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Dear City Clerk,
Please don't make changes to the City of Beverly Hills Policy and Operations Manual that allow the City Council to make binding decisions behind closed doors. Democracy thrives in the light and dies in the dark.
Respectfully,
Cherie McDermott
Resident, Beverly Hills
From: Lee Pasternak
To: City Clerk
Subject: SS A-2, Legislation at Study Sessions
Date: Monday, September 16, 2024 2:50:31 PM
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We do not appreciate city staff’s underhanded efforts to authorize the passing of legislation, resolutions, and ordinances at study sessions which efforts appear to be designed to limit residents’ participation and knowledge of city actions.
I write “underhanded” because even when this rule change was suggested months ago, city staff concealed what they were attempting to orchestrate with their ambiguous language that a study session shall be a regular meeting for all purposes, and staff's insincere suggestions that although a change was being authorized, it would not likely be utilized. Then why make the change?
I also use the word “underhanded” because of the staff’s false representation that the change has already been made, when the subject proposed change to the manual should have been redlined. Clearly staff does not want residents to know about or understand the change and such staff members are not what we need in this city.
There is no conceivable good honest reason to make such a change, however, if any of the council members think the change would be a good idea, then put it on the agenda and let residents know what is being proposed and why —as if there could be a good reason for such a change. If a good fair change is being proposed, then it should not require residents to be misled.
Thank you for your consideration.
Lee Pasternak
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