Agenda packet — Hermosa Beach City Council, February 15, 2024 (part 2 of 2)

by the Presiding Officer.
3) Each person addressing the City Council 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 Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer.

9.5 Enforcement.
a. Upon a violation of the rules of order and decorum established in Section

9.4 of this resolution, the procedure to enforce the rules is as follows:
1) Warning. The Presiding Officer shall request that a person who is violating the rules of decorum 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 City Council meeting. If the person does not leave the meeting, the Presiding Officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant-at-arms to remove the person from the City Council chambers.
2) Removal. Any law enforcement officer who is serving as sergeant-atarms at the City Council meeting 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 sergeant-at-arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council.
3) Resisting Removal. Any person who resists removal by the sergeant-atarms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another 132

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member of the City Council to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above. 5) Clearing the Room. If a meeting of the City Council 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 City Council may exercise the authority granted in the 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 permitted to remain unless they have participated in the disruption.

SECTION 10. To the extent feasible (i.e., technical and staffing limitations, nature of the agenda and business before the body, need, etc.) all subsidiary boards and commissions in the City shall adhere to these rules of order and decorum for their respective meetings.

SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 15th Day of February, 2024.

Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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City of Hermosa Beach
Civic Center, 1315 Valley Dr., Hermosa Beach, CA 90254 HermosaBchCity o: 310-318-0216 | hermosabeach.gov HermosaBeachCity
MEMO
Date: December 11, 2023
To: Honorable Mayor and Members of the City Council
From: Myra Maravilla, City Clerk
Re: 12/12/23 Agenda, Item 14e – SUPPLEMENTAL INFORMATION FOR

DISCUSSIONS AND DIRECTION TO CITY STAFF REGARDING REMOTE

PARTICIPATION AT CITY MEETINGS AS WELL AS OTHER FORMAT AND

OPERATIONAL CONCERNS RELATED TO CITY COUNCIL MEETINGS
The purpose of this memo is to provide an updated attachment “Allowance of Remote Participation Survey” containing additional information and clarification regarding the use of remote (Zoom) participation.

To ensure uniform interpretation, cities and towns indicating discontinued use of remote (Zoom) participation since the end of the COVID-19 emergency were further analyzed. An additional analysis was conducted to determine whether those cities continue to offer the platform as an additional viewing/streaming option for members of the public. Staff manually reviewed each city’s agenda to identify whether it offered remote participation (i.e. receiving comments) or remote streaming and viewing only.

Additionally, staff manually verified survey results for accuracy and several cities were moved under the correct highlighted response for one or more questions.

Some of the cities updated by staff include San Bernardino, Hesperia, San Rafael, and Laguna Beach.

In addition to minor updates within the survey, the attachment includes the additional analysis on page 8 of the attachment.
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Zoom Public Participation Survey
Conducted by the Office of the City Clerk
Introduction:

The City Clerk’s office created a five-question survey to gage the use of Zoom as a public participation tool amongst California cities. The survey was sent to the South Bay City Clerks directly and separately sent to the Cal Cities City Clerk Listserv, a monitored email distribution, which includes member cities.

The Cal Cities Listserv does not include non-member cities. We received 73 responses from unique cities, towns, and special districts as of December 6, 2023, the date on which this report was written.

However, the survey will remain open until December 12, 2023 at noon. Supplemental entries received after the date this report is written will be added to the agenda as a supplemental item.

Survey Start Date: November 27, 2023 at 2:30 p.m.

Survey End Date: December 12, 2023 at 12:00 p.m.

The list of respondents is found below. South Bay Cities are bolded.

1. Bakersfield

2. Berkeley

3. Brentwood

4. Buena Park

5. Carson

6. Citrus Heights

7. Coachella

8. Coronado

9. Costa Mesa

10. Cotati

11. Danville

12. Desert Water Agency

13. East Bay Regional Park
District

14. El Centro

15. El Segundo

16. Emeryville

17. Fairfax

18. Farmersville

19. Firebaugh

20. Fremont

21. Fresno

22. Fullerton

23. Gardena

24. Glendora

25. Hesperia

26. Inland Empire Utilities
Agency

27. Irwindale

28. Kingsburg

29. Laguna Beach

30. Laguna Hills

31. Lake Elsinore

32. Lakeport

33. Lawndale

34. Lemon Grove

35. Live Oak

36. Loomis

37. Los Angeles

38. Manhattan Beach

39. Monterey

40. Morgan Hill

41. Mt. Shasta

42. Napa

43. Newark

44. Norwalk

45. Oceanside

46. Patterson

47. Perris

48. Petaluma

49. Plymouth

50. Port Hueneme

51. Rancho Palos Verdes

52. Red Bluff

53. Redondo Beach

54. Rolling Hills

55. Salinas

56. San Anselmo

57. San Bernardino

58. San Bruno

59. San Dimas

60. San Fernando

61. San Jose

62. San Luis Obispo

63. San Rafael

64. Santa Cruz

65. Saratoga

66. Scotts Valley

67. Sebastopol

68. Sonoma

69. St. Helena

70. Sunnyvale

71. Thousand Oaks

72. Tulare

73. Victorville
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Question 1: Did your City Council and/or Boards & Commissions allow Zoom public participation during the COVID-19 emergency?
Question 1 Responses:

Response: No

1. Bakersfield

2. Hesperia

3. Kingsburg

4. Laguna Hills

5. Lemon Grove

6. San Bernardino

7. Tulare
Response: Yes

1. Berkeley

2. Brentwood

3. Buena Park

4. Carson

5. Citrus Heights

6. Coachella

7. Coronado

8. Costa Mesa

9. Cotati

10. Danville

11. Desert Water Agency

12. East Bay Regional
Park District

13. El Centro

14. El Segundo

15. Emeryville

16. Fairfax

17. Farmersville

18. Firebaugh

19. Fremont

20. Fresno

21. Fullerton

22. Gardena

23. Glendora

24. Inland Empire Utilities
Agency

25. Irwindale

26. Laguna Beach

27. Lake Elsinore

28. Lakeport

29. Lawndale

30. Live Oak

31. Loomis

32. Los Angeles

33. Manhattan Beach

34. Monterey

35. Morgan Hill

36. Mt. Shasta

37. Napa

38. Newark

39. Norwalk

40. Oceanside

41. Patterson

42. Perris

43. Petaluma

44. Plymouth

45. Port Hueneme

46. Rancho Palos
Verdes

47. Red Bluff

48. Redondo Beach

49. Rolling Hills

50. Salinas

51. San Anselmo

52. San Bruno

53. San Dimas

54. San Fernando

55. San Jose

56. San Luis Obispo

57. San Rafael

58. Santa Cruz

59. Saratoga

60. Scotts Valley

61. Sebastopol

62. Sonoma

63. St. Helena

64. Sunnyvale

65. Thousand Oaks

66. Victorville
Yes
90%
No
10%
Did your City Council and/or Boards &
Commissions allow Zoom public participation
during the COVID-19 emergency?
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Question 2: Does your City Council currently allow for Zoom public participation? If so, is it audio only or video and audio?
Question 2 Responses:

Response: No

1. Bakersfield

2. Citrus Heights

3. Danville

4. El Segundo

5. Farmersville

6. Firebaugh

7. Fremont

8. Gardena

9. Hesperia

10. Irwindale

11. Kingsburg

12. Laguna Hills

13. Lake Elsinore

14. Lawndale

15. Lemon Grove

16. Morgan Hill

17. Napa

18. Newark

19. Oceanside

20. Patterson

21. Perris

22. Petaluma

23. Port Hueneme

24. Rolling Hills

25. San Bernardino

26. San Bruno

27. San Dimas

28. San Rafael

29. Scotts Valley

30. St. Helena

31. Tulare

32. Victorville
Response: Yes, audio and
video

1. Berkeley

2. Buena Park

3. Carson

4. Coachella

5. Desert Water Agency

6. East Bay Regional
Park District

7. El Centro

8. Fresno

9. Glendora

10. Lakeport

11. Live Oak

12. Loomis

13. Norwalk

14. Plymouth

15. Rancho Palos Verdes

16. Red Bluff

17. San Jose

18. San Luis Obispo

19. Sebastopol

20. Sonoma

21. Thousand Oaks
Response: Yes, audio only

1. Brentwood

2. Coronado

3. Costa Mesa

4. Cotati

5. Emeryville

6. Fairfax

7. Fullerton

8. Inland Empire Utilities
Agency

9. Laguna Beach

10. Los Angeles

11. Manhattan Beach

12. Monterey

13. Mt. Shasta

14. Redondo Beach

15. Salinas

16. San Anselmo

17. San Fernando

18. Santa Cruz

19. Saratoga

20. Sunnyvale
32 21
20 0
5 10
15 20
25 30
35 No Yes, audio and
video
Yes, audio only
Does your City Council currently allow for
Zoom public participation? If so, is it audio
only or video and audio?
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Question 2 Analysis:

Of the 66 jurisdictions that indicated they offered Zoom during the COVID-19 emergency, 25 have since discontinued the use of Zoom for public participation. Some jurisdictions that indicated they have discontinued the use of Zoom for public participation added, without being prompted, they continue to offer the Zoom platform as a viewing option and is available for staff and consultants to provide virtual staff presentations (see SUPPLEMENTAL data on page 8).

One jurisdiction, unprompted, indicated they discontinued Zoom public participation option due to hate speech. Another jurisdiction, also unprompted, indicated they discontinued their use of Zoom public participation due to the threat of Zoom bombing.

The City of Scotts Valley temporarily discontinued Zoom for Council meetings, but not for Boards and Commissions. They did not indicate the reason.

The Cities of Brentwood and Saratoga only take in-person public comment at the beginning of the meeting for non-agenda items. They take Zoom comments at the end of their meetings for non-agenda items.

Question 3: Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio?
37 16
18 1
1 0 5 10 15 20 25 30 35 40
No
Yes, audio only
Yes, audio and video
No response
As needed
Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio? 138
(Updated 12/11/23) Page 5 of 8
Question 3 Responses:

Response: No

1. Bakersfield

2. Berkeley

3. Carson

4. Citrus Heights

5. Danville

6. El Segundo

7. Farmersville

8. Firebaugh

9. Fremont

10. Gardena

11. Hesperia

12. Inland Empire Utilities
Agency

13. Irwindale

14. Kingsburg

15. Laguna Hills

16. Lake Elsinore

17. Lawndale

18. Lemon Grove

19. Morgan Hill

20. Napa

21. Newark

22. Oceanside

23. Patterson

24. Perris

25. Petaluma

26. Port Hueneme

27. Rolling Hills

28. Salinas

29. San Bernardino

30. San Bruno

31. San Dimas

32. San Luis Obispo

33. San Rafael

34. Santa Cruz

35. St. Helena

36. Tulare

37. Victorville
Response: Yes, audio
and video

1. Buena Park

2. Coachella

3. Desert Water Agency

4. East Bay Regional
Park District

5. El Centro

6. Fresno

7. Glendora

8. Lakeport

9. Live Oak

10. Loomis

11. Norwalk

12. Plymouth

13. Rancho Palos Verdes

14. Red Bluff

15. San Anselmo

16. San Jose

17. Sebastopol

18. Sonoma
Response: Yes, audio only

1. Brentwood

2. Coronado

3. Costa Mesa

4. Cotati

5. Emeryville

6. Fairfax

7. Fullerton

8. Laguna Beach

9. Manhattan Beach

10. Monterey

11. Mt. Shasta

12. Redondo Beach

13. San Fernando

14. Saratoga

15. Scotts Valley

16. Sunnyvale
Response: No response

1. Los Angeles
Response: As needed

1. Thousand Oaks
Question 3 Analysis:

The Cities of Berkeley, Carson, San Luis Obispo, Inland Empire Utilities Agency, Salinas, San Bernardino, and Santa Cruz indicated they do allow Zoom public participation for City Council (or governing board) meetings (audio OR audio and video), but not for their Boards and Commissions.

The Cities of Fairfax, Loomis, Morgan Hill, and Mt. Shasta indicated that only their Planning Commission allow for Zoom public participation.
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Question 4: If your City Council and/or Boards & Commissions currently allow Zoom public participation, are they looking to revert to in-person public comment only? Question 4 Responses:

Response: No

1. Berkeley

2. Brentwood

3. Buena Park

4. Carson

5. Coachella

6. Coronado

7. Costa Mesa

8. Cotati

9. Desert Water
Agency

10. East Bay Regional
Park District

11. El Centro

12. Emeryville

13. Fairfax

14. Fresno

15. Fullerton

16. Glendora

17. Inland Empire
Utilities Agency

18. Lakeport

19. Laguna Beach

20. Live Oak

21. Loomis

22. Los Angeles

23. Monterey

24. Mt. Shasta

25. Plymouth

26. Rancho Palos
Verdes

27. Red Bluff

28. Redondo Beach

29. Salinas

30. San Anselmo

31. San Fernando

32. San Jose

33. San Luis Obispo

34. San Rafael

35. Santa Cruz

36. Saratoga

37. Scotts Valley

38. Sebastopol

39. Sonoma

40. Sunnyvale

41. Thousand Oaks
Response: Not
Applicable (In Person
Only)

1. Bakersfield

2. Citrus Heights

3. Danville

4. El Segundo

5. Farmersville

6. Firebaugh

7. Fremont

8. Gardena

9. Hesperia

10. Irwindale

11. Kingsburg

12. Laguna Hills

13. Lake Elsinore

14. Lawndale

15. Lemon Grove

16. Morgan Hill

17. Napa

18. Newark

19. Oceanside

20. Patterson

21. Perris

22. Petaluma

23. Port Hueneme

24. Rolling Hills

25. San Bernardino

26. San Bruno

27. San Dimas

28. San Rafael

29. St. Helena

30. Tulare

31. Victorville
Response: Yes

1. Manhattan Beach

2. Norwalk

3. San Bernardino
29 41
3 0
10 20
30 40
50 Not Applicable
(In Person Only)
No Yes
If your City Council and/or Boards and
Commissions currently allow Zoom public
participation, are they looking to revert to in-person
public comment only?
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(Updated 12/11/23) Page 7 of 8
Question 4 Analysis: City of Saratoga changed their practice after receiving hate speech to in person comments at the beginning of the meeting and Zoom public participation for nonagendized matters at the end of the meeting. They did not indicate the reason. City of Scotts Valley’s Planning and Parks and Recreation Commissions opted to continue using the Zoom option and not return to in-person only. The City Council and their other Boards and Commissions have opted to return to in-person meetings only.

The Cities of Manhattan Beach, Norwalk, and San Bernardino are actively reviewing the option to revert to in-person meetings only. The City of Redondo Beach City Council recently voted to continue offering Zoom public participation option.

Question 5: Please indicate when public participation is allowed.

The vast majority of cities indicated they allowed Public Comment at the start of the meeting and after every item is heard.

The following agencies indicated they only allowed Public Comment at the start of the meeting:

Desert Water Agency, Cities of El Centro, El Segundo, Farmersville, Inland Empire Utilities Agency, San Bernardino, San Fernando.

The following agencies indicated they allowed Public Comment after each item and general public comment was heard at the end of the meeting: Cities of Norwalk and Coachella.

Coachella indicated they pause to take public comments if the meeting is going past 8:00 p.m.

Also indicated under Analysis of Question 2: Cities of Brentwood and Saratoga indicated the Public Comment opportunity at the beginning of the meeting for non-agenda items is in-person only. At the end of the meeting, they allow for Zoom comments. 141
(Updated 12/11/23) Page 8 of 8
SUPPLEMENTAL: Of the 25 cities indicating they allowed Zoom public participation for City Council during COVID-19 and have since discontinued it, how many enable Zoom for viewing/streaming only?
Zoom was discontinued
for public participation
and is not offered as a
viewing option.

1. Citrus Heights

2. Danville

3. Firebaugh

4. Gardena

5. Lake Elsinore

6. Lawndale

7. Napa

8. Perris

9. Port Hueneme

10.Rolling Hills

11.San Dimas

12.St. Helena

13.Victorville
Zoom is available for
streaming only.

1. Farmersville

2. Fremont

3. Irwindale

4. Morgan Hill

5. Oceanside

6. Patterson

7. Petaluma

8. San Bruno

9. San Rafael

10.Scotts Valley
Zoom is available when
a member is
teleconferencing into a
meeting.

1. El Segundo

2. Newark
SUPPLEMENTAL Analysis: The supplemental information provided was manually researched by the City Clerk’s office and was not a part of the survey. Of the 66 cities or jurisdictions that offered Zoom public participation during COVID-19, 25 have discontinued its use. 10 of the 25 cities or jurisdictions have maintained Zoom as an additional viewing/streaming option for members of the public.

This survey provides information on how other governing bodies have navigated Zoom public participation post COVID-19. However, the total responses have not been verified for statistical significance. This survey collected responses from 71 of 482 California cities/towns (14.94% response rate) and 2 of 3,300 California special districts (.06% response rate) respectively. Even among South Bay cities, there is variance in how the use of the Zoom platform has evolved. 2 10
13 0 2 4 6 8 10 12 14
Zoom is available when a member is
teleconferencing into a meeting.

Zoom is available for streaming only.

Zoom was discontinued for public
participation and is not offered as a
viewing option.

Of the cities indicating they allowed Zoom public
participation during COVID-19 and have since
discontinued it, how many enable Zoom for
viewing/streaming only?
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
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RESOLUTION NO. 15-6988 CITY OF HERMOSA BEACH
A RESOLUTION NO. RES-24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, ESTABLISHING RULES FOR THE CONDUCT OF

CITY COUNCIL MEETINGS AND SUBSIDIARY BOARDS AND

COMMISSIONS
WHEREAS, all

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

The following rules of order and decorum for the conduct of City Council meeting agenda typesmeetings are
hereby adopted:

TABLE OF CONTENTS
Page
SECTION 1. posted SCOPE 3
SECTION 2. MEETINGS

2.1 Regular Meetings 3

2.2 Special Meetings 3

2.3 Special Emergency Meetings 3

2.4 Closed Sessions 3

2.5 Quorum 4

2.6 Adjourned Meetings 4
SECTION 3. POSTING OF NOTICE AND AGENDA

3.1 Posting of Notice and noticed in accordanceAgenda
4 3.2 Location of Posting 4

3.3 Posting for Regular meetings 4

3.4 Posting for Special meetings 4

3.5 Affidavit of Posting 4
SECTION 4. AGENDA - CONTENTS

4.1 Description of Matters 5

4.2 Availability of Agenda 5

4.3 Limitations of Actions by Agenda 5

4.4 Submittal of Written Materials by the Public 5
SECTION 5. ORDER OF BUSINESS
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5.1 Commencement of Meeting 5

5.2 Order of Business 6
a. Call to Order 6
b. Pledge of Allegiance 6
c. Roll Call 6
d. Report of Closed Session 6
e. Announcements 6
f. Presentations 6
g. Public Participation 6
h. Consent Calendar 6
i. Public Hearings 6
j. Excluded Consent Calendar 6
k. Municipal Matters 7
l. City Manager's Report 7
m. Councilmember Comments 7
n. Other Matters from City Council 7
o. Adjournment 7
SECTION 6. PUBLIC COMMENT

6.1 Public Comment 7

6.2 Limitations 7

6.3 Procedure 7

6.4 Written communications to Council 7
SECTION 7. PUBLIC HEARINGS

7.1 Time for consideration 8

7.2 Continuance of Hearings 8

7.3 Conduct of Hearings 8

7.4 Evidence 9

7.5 Definition of "Ex Parte" Communication 9
SECTION 8. PROCEDURES FOR CONDUCT OF MEETINGS

8.1 Robert's Rules 9

8.2 Motions 9

8.3 Voting 10

8.4 Adjournment 10
SECTION 9. DECORUM

9.1 Rules for City Councilmembers 10
a. Role of the Presiding Officer 10
b. Communication with local and State law; andCouncilmembers 10 WHEREAS, established meeting9.2 Communication with Members of the Public Addressing 10
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the Council

9.3 Rules for City Staff 11
a. Decorum 11
b. Roles of the City Manager 11

9.4 Rules for the Public 11
a. Members of the Audience 11
b. Persons Addressing the City Council 11

9.5 Enforcement 11
SECTION 1. SCOPE.

1.1 This Resolution shall establish the procedures followfor the conduct of all meetings of
the City Council of the City of Hermosa Beach. The purpose of this Resolution is to provide that the City Council's meeting procedures will be consistent with the Brown Act in accordance with (Government Code Section 54950 et seq.;.) and WHEREAS, this Resolution establishes the procedures for the conduct of all meetings of the City Council and its subsidiary Boards and Commissions and establishes establish procedures that will be convenient for the public and contribute to the orderly conduct of the City’sCity's business; and
WHEREAS, the. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes, and in the event of conflict between this Resolution and applicable ordinances or statutes, the latter shall govern.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

The following rules of order and decorum for the conduct of City Council meetings are hereby adopted.
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SECTION 1. SCOPE.

1.1 RESOLUTION NO. 15-6988 is hereby rescinded and the rules of order and decorum for City Council meetings and other City Boards and Commissions are hereby adopted.

SECTION 2. MEETINGS.

2.1 Regular Meetings. Pursuant to the authority set forth in Municipal Code section

2.04.010, the City Council shall conduct its meetings pursuant to the dates and times fixed by Resolution and approved by the City Council each December for the following year.Regular meetings on the 2nd and 4th Tuesdays of each month. The Regular meetings of the City Council shall commence at 6:00 p.m. Only Closed Sessions (and public comment associated therewith) and Study Sessions may be held between 6:00 p.m. and 7:00 p.m. (and no other public agenda items) unless a Regular meeting is adjourned to or a Special meeting called for that time. No Closed Session or Study Session will be held during that hour unless the posted agenda of that evening's Regular meeting indicates that such session will take place; in the absence of such notification in the agenda, the Regular meeting shall commence at the hour of 7:00 p.m. Regular meetings shall be conducted in the location set forth in Municipal Code section 2.04.020. Closed Sessions shall be conducted in the location identified onin the agenda.

2.2 Other Meetings. All other meeting types shall be called and noticed according to applicable local and State law.

2.3 2.2 Special Meetings. A Special meeting may be called at any time by the Presiding Officer or by any three members of the City Council. Written notice of any such meeting must be given to all members of the City Council and to all newspapers, radio and television stations, or other public media of general Hermosa Beach coverage who have submitted a written request to the City Clerk for such notification. Such notice may be given either personally or by mail, but must be received at least 24 hours before the time set for the Special meeting. The call and notice shall specify the time and place of the Special meeting and the business to be transacted. Such notice is not necessary for any member who 164

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submits a written waiver of notice to the City Clerk at or before the time set for the meeting or for any member who is actually present at the special meeting.

2.3 Emergency Meetings. An emergency meeting may be called by the Presiding Officer or by a majority of the City Council where there exists:
a. a work stoppage, crippling disaster or other activity which severely impairs public health, safety or both, as determined by the City Council; or b. such other circumstances specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed and conducted in accordance with procedure set forth in State law.

2.4 Closed Sessions. The City Council may hold Closed Sessions during a Regular or Special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in Closed Session. During Closed Session, the City Council may exclude any person or persons which it is authorized by State law to exclude from a Closed Session. The City Manager shall keep a record of action taken and the vote thereon. The City Attorney shall make such reports as are required by the Brown Act.

2.5 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Councilmembers appear at a Regular meeting, any member, or if all members are absent, the City Clerk, shall adjourn the meeting to a stated day and hour. All Council actions require the affirmative votes of a majority of the quorum, with the exception of those actions required by State law to have a specific minimum number of votes.

2.4 Recording of Meetings.2.6 Adjourned Meetings. The City Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each Councilmember. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special or Adjourned Special 165

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meeting was held, within twenty-four (24) hours after the time of adjournment. When a Regular or Adjourned Regular meeting is adjourned as provided herein, the resulting Adjourned Regular meeting shall be a Regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned meeting is to be held, it shall be held at the hour specified for Regular meetings.

2.7 Recording of Meetings. All open and public meetings of the City Council shall be cablecast and webcast live or videorecorded for airing on the City's government channel and viewing on the City's website. In thethat event that technical difficulties beyond the City's control prevent the cablecasting, webcasting and/or recording of a meeting, the City Attorney, in consultation with the City Manager and City Council, may determine in its discretion decide whether or not to proceed with the meeting pursuant to State law.

SECTION 3. POSTING NOTICE AND AGENDA.

3.1 Posting of Notice and Agenda. For every Regular meeting, the City Clerk or his/her designee shall post an agenda containing a brief description of all of the items of business to be discussed at the meeting. For every Special meeting, the City Clerk or 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. The notice and agenda for a Special meeting may be combined in a single document.

3.2 Location of Posting. The City Clerk shall designate the location between City Hall and the Police Department as the City’s official physical posting location, which is a place The notice and agenda shall be posted in a place to which the public has unrestricted access during at least normal business hours and where postingsthe notice and agenda are not likely to be removed or obscured by other posted material. The Specifically, the notice and agenda shall be posted at the places indicated below, and/or at such other locations(s) as the City Clerk may designate:

City Hall, the Police Station, and the City library. The agenda shall also be posted on the City's website shall serve as the digital posting location.

3.3 Posting for Regular Meetings. For any Regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting.
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3.4 Posting for Special Meetings. For any Special meeting of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting.

3.5 Affidavit of Posting. Immediately following the posting of the notice and agenda, the City Clerk or designee shall complete an Affidavit of Posting, in a form developed by the City Clerk. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such affidavits, together with a copy of each notice and agenda so posted, in his or her files. The affidavit notice and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code Section 34090, shall not be destroyed by the City Clerk thereafter without the written consent of the City Attorney.

SECTION 4. WRITTEN COMMENTS AGENDA - CONTENTS.

4.1 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. Closed Session agenda items shall be described with particularity to the extent feasible without compromising the confidentiality of the Closed Session.

4.2 Availability of Agenda. The agenda of each Regular meeting shall be made available to the public not later than the Friday preceding the Council meeting.

4.3 Limitation of Actions by Agenda. No action shall be taken by the City Council on any item not appearing on a posted agenda, subject only to the exceptions listed below:
a. Upon a majority determination that an "emergency situation," as defined by State law, exists.
b. Upon a determination by a two-thirds (2/3) vote of the members present, or if less than two-thirds of the members are present, by unanimous vote, that there is a need to take immediate action and that the need to take action came to the attention of the City subsequent to the agenda posting. If the City Council makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the need to take action after the agenda was posted.
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c. Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date of the meeting at which action is to be taken, and at the prior meeting the item was continued to the meeting at which action is being taken.

4.4 Submittal of Written CommentsMaterials by the Public. Written comments shall include emails, ecomments, or lettersmaterials pertaining to matters listed on the agenda of a Regular City Council meeting must be submitted by noon of the Tuesday before the meeting in order to be included in the agenda packet. However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council and provided to the City Council and the public at the meeting. Written correspondence of a general nature addressed to the City Council. The subject of each written comment should refer to an item listed on the agenda for a specific City Council meeting. All written comments should be addressed to the City Council and submitted to the City Clerk. will be handled in accordance with section 6.4.

4.2 Timeline for Submitting Written Comments. All written comments should be submitted to the City Clerk by the deadline set forth on the meeting agenda. Instructions for submitting a written comment shall be included in the agenda, delivered to the City Council, and made public before the meeting.

SECTION 5. ORDER OF BUSINESS.

5.1 5.1 Commencement of Meeting. In the event that the posted agenda calls for a Closed Session, the Mayor or the City Attorney shall announce the intention of the City Council to recess into a Closed Session and shall state the basis therefore. Public comment shall be taken on the Closed Session agenda.

At the time set for each Regular meeting, the Councilmembers, City Manager, City Attorney and City Clerk shall take their regular places in the Council Chamber. The Presiding Officer shall call the meeting to order and the business of the Council shall be taken up for consideration and disposition in the order set forth in Section 5.2 except that with the consent of a majority of the Council, items may be taken up out of order.

5.2 Order of Business. The order of business at meetings of the City Council shall be as follows, in accordance with the procedures specified below:
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a. CALL TO ORDER
The Presiding Officer shall call the meeting to order.
b. PLEDGE OF ALLEGIANCE
The Presiding Officer shall designate a person to lead the Pledge of Allegiance. c. ROLL CALL
The City Clerk shall call the roll of the City Council beginning with Councilmembers, and the names of those present shall be entered on the minutes. The order of roll call shall be alphabetical with the Mayor Pro Tempore called fourth and the Mayor called last.

Members present and absent shall be entered into the minutes. d. REPORT OF CLOSED SESSION REPORT
The Mayor or the City Attorney shall announce the basis for the Closed Session and those actions taken as are required to be reported by the Brown Act. e. ANNOUNCEMENTS
Councilmembers may make any announcements at this time.

1. APPROVAL OF AGENDA
The City Council may change the order in which it takes up items on the agenda, remove and/or continue agenda items.

PROCLAMATIONS/f. PRESENTATIONS
This time is reserved for the reading and awarding of proclamations and commendations for members of the community, service organizations and others that have merited recognition by the Council. In addition, visiting dignitaries may be introduced at this time.

2. CITY MANAGER REPORT
The City Manager and staff may provide brief progress reports on City business. g. PUBLIC COMMENTPARTICIPATION
Oral and written comments from members of the public are accepted here as set forth in Section 6, herein. All comments from members of the public relative to Consent Calendar items 169

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must be heard at this time unless a Councilmember agrees to remove a Consent Calendar item at the request of a member of the public made at this time.

3. CITY COUNCILMEMBER COMMENTS
Councilmembers may briefly respond to public comments, ask a question for clarification or make brief announcements or report on activities or meetings attended.
h. CONSENT CALENDAR
The City Council may approve items Items of a routine nature may be approved by the City Council in a single motion
by adoptingadoption of the Consent Calendar. Before The approval of the Consent Calendar, the City Council may pull an item(s) for separate discussion. shall signify the approval of each matter or recommendation included therein.

4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
Items removed from the Consent Calendar for separate discussion shall be heard at this time.
i. PUBLIC HEARINGS
The Council shall conduct all public hearings as set forth in Section 7. j. EXCLUDED CONSENT CALENDAR
Items removed from the Consent Calendar for discussion shall be heard at this time. k. MUNICIPAL MATTERS
The Council shall take up all matters of new and old business.

5. FUTURE AGENDA ITEMS
Two Councilmembers may directl. CITY MANAGER’S REPORT
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This section is set aside for the City Manager to update the Council on important items initiated by staff to bring back an informational itemor previously requested by the City Council.
m. COUNCILMEMBER COMMENTS
This portion of the meeting shall be set aside for general comments, reports of meeting attendance, requests of staff, and/or other issues of concern from members of the City Council, and brief responses to audience comments. No extensive discussion of these comments is permitted.
n. OTHER MATTERS FROM CITY COUNCIL
Direction from the City Council to place items of business on a future agenda shall be given at this time by a majority of the Council may direct staff to bring back an action item. .

No discussion, action or public comments shall be taken at this time. o. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

This time is set aside for the public to address the Council on any item of interest within the subject matter jurisdiction of the Council that could not be heard under Item 9 during the first public participation item because there were too many prior public speakers and the thirty minute maximum time limit was exhausted.

6. ADJOURNMENT
SECTION 6. PUBLIC COMMENT.

6.1 General Public Comment. During the first general Public CommentParticipation section of the agenda, any member of the public may address the City Council on items appearing on the Consent Calendar. Comments concerning other items on the agenda will be heard at the time the item is considered during the course of the meeting; however, they may be offered at this time if the member of the public cannot be in attendance later in the evening. At this time, members 171

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Members of the public may also comment upon any other items of interest that are within the subject matter jurisdiction of the City Council. at this time. Any Councilmember may request that matters addressed under Public CommentParticipation be placed for information or action on a subsequent agenda under FUTURE AGENDA ITEMS; however, no action shall be taken on items not appropriately placed on the agenda except uponin a majority determination that an “emergency situation” exists as defined by State law. described in Section 4.3.

6.2 Limitations. The public comment period during the general Public Comment shall be limited to no more than two (2) three (3)
minutes for each speaker, unless the Presiding Officer determines that good cause exists to extend the time and doing so will not be arbitrary or unfair.

Further, this first Public Comment section shall be limited to a total of thirty (30) minutes. The Presiding Officer also may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Unless required by law, public comment will only be taken by those physically in City Council Chambers. Those viewing the meeting via remote public participation options or listening in telephonically will not be allowed to make general public comments.

Pictures and pre-recorded videos will not be digitally displayed in the Council Chambers during the meeting. However, members of the public can send such items to the City Clerk for distribution to the City Council by the deadline listed on the agenda for the City Council meeting.

Members of the public wishing to distribute materials to the City Council after the deadline set forth on the agenda may do so in person by providing sufficient copies for all Councilmembers, the City Manager, the City Attorney, and the City Clerk.

6.2 Public Comment for Agenda Items. Any member of the public may address the City Council on agenda items appearing on the City Council agenda. After the staff presentation and any clarifying factual/technical questions by the City Council, the Presiding Officer shall then solicit public comment. Each speaker under this public comment period shall be limited to no more than three (3) minutes for each speaker, unless the Presiding Officer determines that good cause exists 172

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to extend the time and doing so will not be arbitrary or unfair. The Presiding Officer may allow additional time for the spokesperson of a group if doing so will limit the number of persons speaking and avoid repetitious presentations. Public comment will be taken first by those physically in City Council Chambers during the time the item is called. Public comment will then be opened up to those viewing the meeting via remote public participation options or listening in telephonically and will similarly be limited to three (3) minutes. Unless mandated by law, this remote participation is done as a courtesy only and is not guaranteed. The City reserves the right to terminate this medium at any time and for any reason.

6.3 Procedure. Upon addressing the City Council, each speaker may choose to state his or her name and city of residence and then identify the subject or subjects upon which he or she intends to speak. Speakers shall address their comments or questions to the City Council as a whole, and not to any particular Council or staff member or to the audience.

6.4 Written Communication to Council. Persons who wish to address an issue to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Clerk by noon of the Tuesday one week before the Regular Council meeting in order to be included on the agenda.

SECTION 7. PUBLIC HEARINGS.

Matters which are required to be heard in a noticed public hearing shall be conducted in the following manner:

7.1 Time for Consideration. consideration. Matters noticed as public hearings shall commence no earlier than the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

7.2 Continuance of Hearings. Any public hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided for under Section 2.6. 173

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7.3 Conduct of Hearings. When a matter for public hearing comes before the City Council, the Presiding Officer shall open the public hearing and follow the process as legally required.:
a. Call for a report on noticing from the City Clerk.
b. Call for a report on written communications received by the City pertaining to the item being heard.
c. With respect to quasi-judicial matters, request that each Councilmember report on any ex parte communications, as defined in Section 7.5. d. Request that staff present the staff report and any other relevant evidence.

Presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.
e. The Presiding Officer shall then recognize the proponents or appellants in the case, who shall be permitted ten (10) minutes to present evidence related to the matter under consideration.
f. The Presiding Officer shall then recognize members of the public. No person may speak without first being recognized by the Presiding Officer. Members of the City Council who wish to ask questions of the speakers or each other during the public hearing may do so.

Members should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Members should avoid debate and expressions of personal opinion until after the close of the public testimony portion of the public hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. Comments from the public shall be limited to three (3) minutes per speaker for public hearings, unless the City Council affirmatively decides otherwise. g. Following public comments, the proponents or appellants may present a wrap-up or rebuttal statement, not to exceed five (5) minutes in length. h. The Presiding Officer shall then close the public testimony portion of the public hearing.Councilmembers may still, however, ask questions of staff or members of the public.

Upon conclusion of Council deliberations and immediately prior to a motion, the Presiding Officer shall formally close the public hearing. Upon formally closing the public hearing, no additional 174

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public testimony shall be solicited or received without reopening the hearing. The hearing may not be reopened unless it is determined that no one in the audience has left the room since closure of the hearing. In the event the Presiding Officer is unable to make that finding, the hearing may not be reopened unless it is renoticed for a future meeting. i. The City Council shall then take action.

7.4 Written Evidence. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence of any kind. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record.

7.5. Definition of "Ex Parte" Communication. "Ex parte communication" shall mean any oral or written communication between a member of the Council and any person, which meets all of the following requirements: (i) it is directed toward the merit or outcome of a quasi-judicial matter within the Council's jurisdiction; (ii) an application, recommendation or appeal on the matter has been submitted to the Council; (iii) the communication imparts substantive factual information which constitutes the basis of or otherwise influences the Councilmember's deliberation or decision on the matter; (iv) the information is not included in the staff report or other written materials contained in the agenda of the meeting at which the matter is to be heard or otherwise on the official record of the proceeding on the matter; and (v) the communication does not occur in a public meeting as defined in the Ralph M. Brown Act (California Government Code Section 54950, et seq.).

SECTION 8. PROCEDURES FOR THE CONDUCT OF MEETINGS.

8.1 Robert's Rules. Unless otherwise specified in this Resolution or by other ordinance or resolution, meetings of the City Council will be conducted to the extent practicable in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Resolution, the Municipal Code or of State law, the latter three sources of authority shall govern.

8.2 Motions. The Mayor or any member of the Council may bring a properly agendized matter of business before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for debate offering the first opportunity to debate to the moving party 175

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and, thereafter, to any Councilmember properly recognized by the Presiding Officer. Debate shall be closed upon consent (implicit or explicit) of a majority of the City Council. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, unless the Council overrules the Presiding Officer by a majority vote. A motion that results in a tie vote does not pass.

8.3 Voting. Every Councilmember should vote unless disqualified by reason of a financial or common law conflict of interest. A Councilmember may change his or her vote prior to the time that the Presiding Officer or City Clerk announces the outcome of the vote on the motion, and not after.

8.4 Adjournment. The City Council shall adjourn each Regular meeting by 10:30 p.m. unless a majority of the members present vote to extend the adjournment time. Notwithstanding the foregoing, any item of business commenced prior to 10:30 p.m. may be completed without the necessity of an adjournment extension vote. Upon adjournment, those items of business not completed shall be continued to the next Regular City Council meeting unless the Council schedules the items for an Adjourned meeting to take place prior to the next meeting.

SECTION 9. DECORUM.

9.1 Rules for City Councilmembers. Members of the City Council 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 City Council is maintained at all times. Members of the Council shall maintain a polite, respectful and courteous manner when addressing one another, City staff and members of the public during meetings.
a. Role of the Presiding Officer. The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tempore, or in their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff and the public. b. Communication with Councilmembers.
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1) Councilmembers should request the floor of the Presiding Officer before speaking.
2) A Councilmember who is speaking shall attempt to avoid repetition and shall endeavor to limit his or her comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in lengthy debates. 3) When one Councilmember is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.

9.2 Communication with Members of the Public Addressing the Council. a. Councilmembers may, after requesting the floor of the Presiding Officer, question a person addressing the Council at the conclusion of the person's comments or upon expiration of the person's time to speak.
b. Councilmembers shall not engage the person addressing the Council in a dialogue with the City Council or City staff, but shall confine communication to a question and answer format.
c. If a member of the audience has addressed the Council on matters which are not on the agenda, Councilmembers shall refrain from extended discussions of the matter. If a Councilmember so wishes, the Councilmember may, during the Future Agenda ItemsCouncilmember Comments or Other Matters portion of the meeting, direct the City Manager to place the matter on the next agenda.

9.3 Rules for City Staff.
a. Decorum. City staff shall not engage in public dialogue or debate with members of the public during public meetings. When addressed by the Council, staff shall respond in a polite and respectful manner,
in a polite and respectful manner.
b. Role of the City Manager. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the Council regarding staff matters and directions for future staff action.

9.4 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, 177

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whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting unfeasibleinfeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. b. Persons Addressing the City Council.
1) Any person wishing to speak shall approach the speaker podium when called upon by the Presiding Officer.
2) No person shall address the City Council without first being recognized by the Presiding Officer.
3) Each person addressing the City Council 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 Council meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. 4) Persons addressing the City Council shall adhere to the time limit established for public comment and conclude their comments when requested to do so by the Presiding Officer.

9.5 Enforcement.
a. Upon a violation of the rules of order and decorum established in Section

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it shall be the duty of the sergeant-at-arms to remove from the City Council meeting any person who is disturbing the proceedings of the City Council.
3) Resisting Removal. Any person who resists removal by the sergeantat-arms may be charged with any applicable ordinance or law. 4) Motion to Enforce. If the Presiding Officer of the City Council fails to enforce the rules of order and decorum set forth above, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above.
5) Clearing the Room. If a meeting of the City Council 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 City Council may exercise the authority granted in the 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 permitted to remain unless they have participated in the disruption.

SECTION 10. Resolution No. 12-6787 is hereby rescinded.

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PASSED, APPROVED andAND ADOPTED this 23rd Day28th day of January, 2024July, 2015.

Mayor Justin Massey
_______________________________________________________________________________ _________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CACalifornia ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla Patrick Donegan

City Clerk City Attorney
180
Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7 183
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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City Council Hybrid Meeting (Closed Session at 5:00 p.m. and Open Session at 6:00 p.m.) 01-23-24 17:00
Agenda Name Comments Support Oppose Neutral
g) REPORT 24-0036 CONSIDERATION OF A RESOLUTION

AMENDING THE RULES OF CONDUCT OF CITY COUNCIL MEETING

AND SUBSIDIARY CITY BOARDS AND COMMISSIONS
(City Attorney Patrick Donegan)
2 0 1 1
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for g) REPORT 24-0036 CONSIDERATION OF A RESOLUTION AMENDING THE RULES OF CONDUCT

OF CITY COUNCIL MEETING AND SUBSIDIARY CITY BOARDS AND COMMISSIONS (City Attorney Patrick Donegan)
Overall Sentiment
Howard L
Location:

Submitted At: 2:52pm 01-23-24
Please see my additional supplemental as submitted by email due to the weak-as-water utility of this e-Comment ability, but also as to be attached at meeting time for this item. Howard L.

David Grethen
Location:

Submitted At: 2:00pm 01-22-24
The Staff report identifies removal of the (general) Written Comments portion of the agenda but there is practically no discussion in the report otherwise, so I will offer up a comment and an assumption/observation to inform the public and potentially stimulate Council discussion. 191
It appears that general written comments can still be submitted by using the eComment feature on the City Website/Agendas page, attaching the eComment to Item 9. Public Comment. I assume these comments will be collated and attached to the agenda for posterity, though the public would not see them until only a few hours before the Council meeting. I'm also trying to recall whether it is possible to attach a PDF letter/paper as part of eComment submittal, but if so it may require the submitter to create a Speak Up Hermosa account (versus as a guest) to have this capability.

David Grethen
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Page 1 of 5 ends

Supplemental to Municipal Matters Item 14-G from H. Longacre (Resident) for the January 23, 2024 Hermosa Beach City Council Regular Open Session Meeting City Clerk’s office: Please add this Supplemental to Municipal Matters Item 14-g “CONSIDERATION OF A RESOLUTION AMENDING THE RULES OF

CONDUCT OF CITY COUNCIL MEETING AND SUBSIDIARY CITY
BOARDS AND COMMISSIONS” of the January 23, 2024 regular Hermosa Beach City Council Agenda. Thank You.

NOTE: The following was sent to City Attorney Patrick Donegan last Wednesday January 17, 2024. Donegan should have immediately directed Lowenthal and staff that the motion staff interpreted as an immediate action was either misinterpreted or improperly given by the City Council in his presence, as there was the subject standing Resolution, which first had to be repealed or amended for much of what the action contradicted.

It is my understanding that several other members of the public were improperly and illegally refused the right to submit and have included with this meeting’s posted agenda their submittals. They as such probably have a right to bring suit against the city’s malfeasance.

A court would likely also have immediately issued a ‘writ of mandate’ as such. Even former City Attorney Michael Jenkins upon being made aware, would have immediately indicated that the Council action had to wait at least one more meeting before taking affect.

But no, Donegan has clearly in my view shown he’s being manipulated by the tag team of City Manager Suja Lowenthal and Councilman Justin Massey. Thus Shame on Donegan for showing he’s evidently scared to death of Lowenthal and Massey.

The Lowenthal / Massey dictatorial slime-operation just cannot admit they made a blunder and write a letter of apology to those denied their rights. My views and again shame on Donegan.

Howard L.

Following as submitted last Wednesday. And note, the City’s Website was then corrected re: the items I mentioned below.

To: Hermosa Beach City Council / City Staff:
(Dean Francois, Rob Saemann, Raymond Jackson, Michael Detoy, Justin Massey, Contract City Attorney Patrick Donegan, Contract City Manager Suja Lowenthal, City Clerk Myra Maravilla)
From: Howard Longacre, Resident
Submitted, January 17, 2024
Re: That the following Resolution 15-6988 has yet to be amended and adopted, however aspects of the public’s ability to participate in THEIR own council 193

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Supplemental to Municipal Matters Item 14-G from H. Longacre (Resident) for the January 23, 2024 Hermosa Beach City Council Regular Open Session Meeting meetings is being run roughshod over by a couple of individuals abusing their perceived power.

Councilmembers and Others:

Everything contained within this communication are my views given the information available to me.

Council, it’s outrageous that I need to again take my uncompensated time as a resident to bring this to your attention.

During your last council meeting, December 12, 2023, late in the evening, during the holiday season, the top city staff, (obviously under the direction of Councilmember Justin Massey [abusing his power primarily] and City Manager Suja Lowenthal), clearly decided to additionally take the people out of their own city council meetings, and as much as possible.

There was absolutely no significant reason, whatever, for this having needed to even be discussed, and especially as to be your holiday gift to the community, that, i.e., YOU serve and are so richly rewarded.

However, be that as it may, nonetheless a discussion item was assigned to City Attorney Patrick Donegan. It was essentially then his item for Massey and Lowenthal to hide behind as the underwriters.

Following here is the item that appeared on the December 12, 2023 agenda, followed with a direct link to the staff report and attachments.
194

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Supplemental to Municipal Matters Item 14-G from H. Longacre (Resident) for the January 23, 2024 Hermosa Beach City Council Regular Open Session Meeting

Direct link to the Staff Report 23-0746 and attachments for the above item. https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=6447351&GUID=6A6DFCE3-F459-4D0DA47F-AD539E204BAF Interestingly, I have just been informed today, by the City Clerk, that the minutes of that meeting have yet to be prepared, and that Lowenthal and staff to date, a month and 5 days since that meeting have made all kinds of operational decisions including the stifling of anyone from being able to receive confirmation -- other than NO their “Written Communications” are not being accepted, i.e. not those submitted by yesterday at noon, fully one week, prior to the January 23, 2024 council meeting, as per both what Resolution 15-6988 specifies, and what even yet today still is reflected on the City Website as instructions for submittal of “Written Communications”.

As presently stated on the website is the following: (note in the snag what I have underlined in red)
(continue to next page)

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Supplemental to Municipal Matters Item 14-G from H. Longacre (Resident) for the January 23, 2024 Hermosa Beach City Council Regular Open Session Meeting And under the following FAQ as noted above; the following is as on the city website today January 17, 2024.

The item presented alluded only slightly to matters of speaking time, and virtually nothing regarding “Written Communications”. It appeared to be primarily about the Zoom participation when I reviewed it, or I would have immediately commented as to why the significant Resolution set in law by, and amended by prior city councils, i.e. Resolution 15-6988 (attached to and part of this PDF) was not even an attachment to City Attorney Donegan’s staff report at the Dec 12, 2023 city council meeting.

Btw, I would and the Council should expect a red-lined attachment when and if said resolution is proposed to be amended again.

The point is, that any “Written Communication(s)” received by the City Clerk prior to Noon, January 16, 2024 should be included with the agenda (when same is posted) for the January 23, 2024 City Council’s next meeting. I myself do not have any such communication submitted for same.
196

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Supplemental to Municipal Matters Item 14-G from H. Longacre (Resident) for the January 23, 2024 Hermosa Beach City Council Regular Open Session Meeting It always amazes me how politicians, once-elected, go out of their way to speed up inappropriate actions by even so much as one meeting, when they could do things 100% honorably and correctly so easily. That’s perhaps why some become so ridiculed and by so many. Thus for those appropriate, ‘iIf the shoe fits then by all means wear it’.

Note: City Attorney Donegan indicated to me after the December 12, 2023 meeting that there was no final action taken, and that the item would be coming back, likely at the January 23, 2024 meeting.

However, City Clerk Myra indicated to me today and previously after the Dec 12, 2023 meeting, that the council directed the City Staff that the speaking times were being implemented at the next meeting, along with there being no longer “Written Communications” on non-agendized matters being posted at the time the agenda is posted.

Neither City Clerk Myra, nor City Attorney Donegan in my view are the problem here. In my view Councilman Justin Massey and City Manager Suja Lowenthal are absolutely 100% the problem. They are, and have been abusing their perceived power ad nauseam. It’s time for the other four councilmembers to step up to the plate, not behind the scenes, but in public meetings and put an end to the Massey/Lowenthal dictatorial rule in Hermosa Beach. Each councilmember has 1/5th the power. Don’t forget these meetings are the public’s meetings.

That’s why they are public. We as yet are not under a dictatorship! The public is at the top of the organizational chart of the city. Not the Council, not Suja Lowenthal, and certainly not Justin Massey.

Attached Resolution 15-6988 follows. For all things specified it has been the law of the city.

Zoom participation is perhaps in another Resolution? Suja Lowenthal has evidently shown her incompetence again, as still to this date not presenting on the website, each and every Resolution by year adopted by the Council. These missing and hidden adopted Resolutions are routinely being misused or in my view purposefully being forgotten at the City Council’s or other’s convenience. That needs to stop.

Council, direct that City Manager Suja Lowenthal get placed on the website every Resolution of the City Council by date-adoption and/or date-amended order. None should be deleted even after being amended.

End of Communication:

Attachment follows. Resolution 15-6988 (see staff item 14-G’s attachements) 197
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
24-0070
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 15, 2024

TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.

Attachments:

Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 2/8/2024
powered by Legistar™198
February 8, 2024
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council February 27, 2024

TENTATIVE FUTURE AGENDA ITEMS
FEBRUARY 27, 2024 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
FEBRUARY 27, 2024 @ 6:00 PM

PRESENTATIONS
RECOGNIZING LEARNED LUMBER’S 100TH YEAR OF BUSINESS IN HERMOSA BEACH

PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for December 2023
Finance Director Ongoing
Annual Comprehensive Financial Report (ACFR) for 2022-23 Finance Director Annual City Treasurer’s Report and Cash Balance Report for December 2023 City Treasurer Ongoing Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 8, 2024
Community Resources Manager Ongoing
Approval of Special Event Long-term Agreements Community Resources Manager Staff Request Jan. 22, 2024
Action Minutes of the Planning Commission Meeting of February 20, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2023
Emergency Management
Coordinator
Ongoing
South Bay Workforce Investment Board Quarterly Summary (2nd Qtr for 2023-24)
Chris Cagle Quarterly
PUBLIC HEARINGS – 6:30 PM
Approval of New 2024 Impact Level III Special Event Community Resources Manager Staff Request Jan. 22, 2024

MUNICIPAL MATTERS
Award of Construction Contract for CIP 689 Clark Building Renovations Public Works Director Staff Request Nov. 30, 2023
Midyear Budget Review 2023-24 Finance Director Annual
Adopt a Resolution Approving Guidelines for On-Street Outdoor Dining Encroachments and Adopt a Resolution Establishing Fees for Outdoor Dining and Retail Encroachment Permit Application, Plan Review and Renewal Environmental Programs Manager Staff Request
Jan. 22, 2024
Economic Development Strategy Progress Report Community Development Director Biannual FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
WEDNESDAY, MARCH 6, 2024

STUDY SESSION PLACEHOLDER
199
2 MARCH 12, 2024 @ 5:00 PM

INITIAL
DATE
CLOSED SESSION:

1. Minutes

2. Labor Negotiations
MARCH 12, 2024 @ 6:00 PM

PRESENTATIONS
PROCLAMATION DECLARING MARCH 2024 AS RED CROSS MONTH AND

RECOGNITION OF LIFESAVING EFFORTS OF HERMOSA BEACH RESIDENT NAIIA LAJOIE PROCLAMATION DECLARING MARCH 2024 AS WOMEN’S HISTORY MONTH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Action Minutes of the Civil Service Board Meeting of November 15, 2023 Human Resources Manager Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
MARCH 26, 2024 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MARCH 26, 2024 @ 6:00 PM

PRESENTATIONS

RECOGNIZING PETER MICHEL AND TJ BRINJAK FOR THEIR SERVICE TO THE CITY

LOS ANGELES COUNTY FIRE SERVICES AND
MCCORMICK AMBULANCE 2024 SEMI-ANNUAL REVIEW

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for January and February 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for January and February 2024
City Treasurer Ongoing
Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 6, 2024
Community Resources Manager Ongoing
Action Minutes of the Planning Commission Meeting of March 19, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for January 2024
Emergency Management
Coordinator
Ongoing

MUNICIPAL MATTERS
Review of the draft Parks Master Plan Community Resources Manager Staff Request Nov. 28, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
200
3 APRIL 9, 2024 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
APRIL 9, 2024 @ 6:00 PM

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Action Minutes of the Civil Service Board Meeting of February 21, 2024 Human Resources Manager Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
THURSDAY, APRIL 18, 2024
STUDY SESSION: FISCAL YEAR 2023–2024 CAPITAL IMPROVEMENT PROGRAM NO MEETING APRIL 23, 2024
(DARK)
201
4 PENDING STRATEGIC PLAN ITEMS

STATUS /

TENTATIVE MEETING DATE
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
2023 (date to be determined)
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst

PENDING NEW ITEMS

STATUS /

TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.

The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.

Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
202
5 to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
City to provide events for the
Mayor’s Pledge criteria
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter

12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Report on whether the Blue Star Marker Program would be applicable in Hermosa Beach (supported by Detoy, Jackson and Saemann) Initiated by: Council Direction May 23, 2023
Community Resources
Manager Staff waiting to hear back from
the Hermosa Garden Club
Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items
Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager
Information Item: Discussion of the City's COVID-19 requirements for employment and the City's position on the vaccination requirement (supported by Saemann and Francois)
Initiated by: Council Direction November 28, 2023
Human Resources
Manager/City
Manager/City Attorney
Consideration of
1) Adding Lanes to Reduce Traffic Speed on Prospect; and 2) Retain Contractor to Complete Project
(supported by Massey, Jackson and Francois)
Initiated by: Council Direction December 12, 2023
Public Works Director
203

Hermosa Beach City CouncilFebruary 15, 2024

Hermosa Beach City Council
February 15, 2024