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TABLE OF CONTENTS
WELCOME ..................................................................................................................................... 3 BASIC CITY INFORMATION ....................................................................................................... 4 MISSION STATEMENT ................................................................................................................. 5 ELECTED OFFICIALS .................................................................................................................... 6 EXECUTIVE STAFF DIRECTORY ................................................................................................. 7 COUNCIL – MANAGER FORM OF GOVERNMENT ................................................................ 8 CITY ORGANIZATION AND DEPARTMENT CHART ............................................................. 10 CITY HALL HOURS OF OPERATION ......................................................................................... 11 CITY BOARDS AND COMMISSIONS ...................................................................................... 12 POLICIES AND PROCEDURES ................................................................................................... 16 LEGAL PROCEDURES ............................................................................................................... 20 BOARD & COMMISSION MEETINGS & PROCESS .............................................................. 23 ROLES, DUTIES AND LIMITATIONS ........................................................................................ 26 RULES, REGULATIONS AND DECORUM ............................................................................... 28 KEEP IN MIND .............................................................................................................................. 31 ATTACHMENT – EXHIBIT A: SUNSHINE POLICY ................................................................. 33 ATTACHMENT – EXHIBIT B: CIVILITY POLICY AND RULES OF DECORUM ..................... 39
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WELCOME
The Manhattan Beach City Council would like to thank you for your interest in becoming a City boardmember or commissioner. Your willingness and commitment to serve your community is greatly appreciated and we thank you.
The expertise and guidance that City boards and commissions provide is both necessary and beneficial to the decision-making process of the City Council.
Historically, boards and commissions were created for the purpose of overseeing distinct issues and subjects affecting the City of Manhattan Beach. Although commissions are unique to themselves, there are procedures, protocols and policies that are common to all of them.
This handbook has been developed to assist board and commission members in the standard procedures and protocols of City business and provides a general orientation of their role and responsibilities. We urge you to take time to familiarize yourself with the Handbook and to use it as a reference guide as the need arises.
Your dedication to the well-being of the City of Manhattan Beach and its residents is highly valued. Once again, on behalf of the City Council, thank you for your participation in this process.
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BASIC CITY INFORMATION
Incorporated on December 2, 1912, Manhattan Beach encompasses 3.89 square miles, with 2.1 miles of beachfront and 40 acres of total recreational beach area. This community of “Sun, Sand and Sea” is located in the South Bay area of Los Angeles County, 19 miles from downtown Los Angeles, and is one of Southern California’s most desirable communities in which to work and live. Manhattan Beach is home to approximately 35,000 residents. The City offers residents a pleasant, peaceful, coastal living environment with easy access to all Los Angeles area amenities.
Manhattan Beach is truly cosmopolitan, but maintains the warmth of a quaint small town, far removed from the stress of typical urban life. In addition to its popular coastline, the community is home to many tourist and family-oriented events, such as the Manhattan Beach Open volleyball tournament, the Pumpkin Race, and the Holiday Fireworks to name a few. Manhattan Beach is a full-service General Law City operating under a Council-Manager form of government. The City Council consists of five members elected at large, each serving a 9 1/2-month mayoral rotation during their four-year term. The City Treasurer is also elected for a term of four years. The City Council meets on the first and third Tuesdays of the month at 6:00 PM. The City prides itself in offering the highest level of services to its residents and maintains a AAA bond rating.
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MISSION STATEMENT
Our mission is to provide excellent municipal
services, preserve our small beach town character
and enhance the quality of life for our residents,
businesses, and visitors.
ELECTED OFFICIALS
MAYOR MAYOR PRO TEM
CITY TREASURER
David Lesser
COUNCILMEMBER
Nina Trieu Tarnay
Joe Franklin
COUNCILMEMBER
Steve S. Charelian
COUNCILMEMBER
Amy Howorth
Tim Lilligren
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EXECUTIVE STAFF DIRECTORY
POSITION TELEPHONE EMAIL
City Manager
Talyn Mirzakhanian
(310) 802-5053 [email protected]
City Attorney
Quinn M. Barrow (310) 802-5061 [email protected] City Clerk
Liza Tamura
(310) 802-5056 [email protected]
Finance Director
Libby Bretthauer (310) 802-5552 [email protected] Human Resources Director
Lisa Jenkins
(310) 802-5253 [email protected]
Parks & Recreation Director
Mark Leyman (310) 802-5414 [email protected]
Police Chief
Rachel Johnson (310) 802-5103 [email protected] Fire Chief
Jesse Alexander
(310) 802-5230 [email protected]
Interim Public Works Director
Ted Semaan (310) 802-5303 [email protected]
Information Technology
Director
Miguel Guardado
(310) 802-5588 [email protected]
Community Development
Director
Masa Alkire
(310) 802-5502 [email protected]
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COUNCIL – MANAGER FORM OF GOVERNMENT
CITY COUNCIL
Manhattan Beach is a General Law City operating under the City Council-City Manager (“Council-Manager”) form of government. The Council-Manager form is the primary form of local government in California.
Councilmembers in Manhattan Beach are elected to four-year terms. The Mayor’s office is rotated among each of the Councilmembers, providing approximately nine months of service as Mayor during each Councilmember’s four-year term of office.
In 1996, Manhattan Beach voters overwhelmingly decided to limit members of the City Council to two terms in office (for a total of eight years), with the provision that allows a Councilmember to hold office again after being out of office for a period of at least two years.
The City Council is the policy-making body for the City. The City Council is responsible for establishing local laws, setting public policy, approving City programs, appropriating funds, and representing the residents of Manhattan Beach.
CITY MANAGER
While the authority and responsibility for public policy rests with the City Council, the City Manager has responsibility and authority for the administration and operation of the City.
The City Council appoints the City Manager, who is responsible for the administration and day-to-day operations of the City. The primary responsibilities of the City Manager include: ensuring that all laws and ordinances are properly enforced; exercising control over all public buildings, parks, property, departments and divisions of the City, and over all appointed officers and employees; recommending adoption of measures and ordinances deemed necessary and expedient; and preparing and implementing the City’s operating budget.
The City Manager is either directly or indirectly responsible for the appointment of all City employees. All Department Heads report to the City Manager, except for the City Attorney and the City Treasurer.
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CITY ATTORNEY
The City Attorney is appointed by and serves at the pleasure of the City Council. The City Attorney acts as the legal advisor to the City Council, City Manager and commissions.
CITY TREASURER
The City Treasurer oversees the investment of the City’s idle cash funds, serves as Chairman of the Council’s Finance Subcommittee and serves as Treasurer of the South Bay Regional Public Communications Authority emergency dispatch center.
The City’s portfolio is invested in high grade corporate bonds, United States Treasury notes, Federal Agencies and the State’s Local Agency Investment Fund. The goals of the portfolio management are to maximize safety, assure sufficient liquidity for the City’s cash flow needs, while also striving to obtain appropriate yields. The City Treasurer communicates the activities of the portfolio through monthly reports to the City Council.
The City Treasurer is elected at large by the residents of Manhattan Beach for a four- year term. There are no term limits for this elected position.
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CITY ORGANIZATION AND DEPARTMENT CHART
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CITY HALL HOURS OF OPERATION
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CITY BOARDS AND COMMISSIONS
CURRENT BOARDS AND COMMISSIONS
Currently, there is one board and five commissions in the City of Manhattan Beach. The City is also represented by one seat on the Los Angeles County West Vector Control Board, appointed by the City Council.
PARKS AND RECREATION DEPARTMENT COMMISSIONS
PARKS AND RECREATION COMMISSION
The Parks and Recreation Commission serves in an advisory capacity to the City Council regarding the recreational needs of all citizens and shall promote supervised public recreation within the City.
Consists of seven (7) members: four (4) members selected at-large, one (1) member from the Older Adult community (55+ years of age), one (1) representative appointed by the Manhattan Beach Unified School District, and one (1) student representative.
Meets the 4 th Monday of every month at 4:00 PM in a hybrid format (in- person in City Council Chambers and virtually via Zoom).
LIBRARY COMMISSION
The Library Commission serves in an advisory capacity to the City Council regarding library services provided by the Los Angeles County Library System to the citizens of Manhattan Beach. This commission also serves as a liaison between the County, City and public/private community groups supportive of library services.
Consists of seven (7) members: six (6) members selected at-large and one
(1) student representative.
Meets the 2nd Monday of each month at 4:00 PM in a hybrid format (in- person in City Council Chambers and virtually via Zoom).
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CULTURAL ARTS COMMISSION
The Cultural Arts Commission serves in an advisory capacity to the City Council regarding the City’s cultural arts needs. The commission also encourages and supports Public Art (artwork in public spaces, concerts, art events, and educational programs) in the community.
Consists of seven (7) members1: five (5) members selected at-large, one (1) member selected with art-related experience, and one (1) student representative.
Meets the 3rd Monday of every month at 4:00 PM in a hybrid format (in- person in City Council Chambers and virtually via Zoom).
COMMUNITY DEVELOPMENT DEPARTMENT BOARDS AND COMMISSIONS
PLANNING COMMISSION
Pursuant to California Planning and Zoning Law and the California Environmental Quality Act (CEQA), the Planning Commission considers land use applications such as use permits, variances, planned development permits, historic landmark requests, and appeals of certain decisions made by the Community Development Director, and recommends to the City Council zone changes, code amendments, and modifications to long-range planning documents, including but not limited to the City’s General Plan and Local Coastal Plan. It is the only commission that makes quasi-judicial decisions.
Planning Commission decisions may be appealed to the City Council. Consists of five (5) members.
Meets on the 2nd and 4th Wednesdays of each month at 3:00 PM in a hybrid format (in-person in City Council Chambers and virtually via Zoom).
1 Gallery owners, dealers, producers, agents, and other profit-oriented intermediaries are not eligible for appointment to the commission (Res. 17-0059).
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PARKING AND PUBLIC IMPROVEMENTS COMMISSION
The Parking and Public Improvements Commission (PPIC) makes recommendations to the City Council on public parking issues, capital improvement projects, traffic management and activities within the public right- of-way including encroachment permits.
Consists of five (5) members: five (5) members selected at-large. Meets the 4th Thursday of each month at 4:00 PM in a hybrid format (in- person in City Council Chambers and virtually via Zoom).
BOARD OF BUILDING APPEALS
The Board of Building Appeal s hears requests for interpretation of California Building Code provisions, alternative materials a nd methods of construction.
The Board’s interpretations and recommendations to the Cit y Council are advisory. Members must be qualifie d by experience and training. I f there are insufficient applicants, the City Council may appoint qualified members serving concurrently on a commission.
Consists of five (5) members.
Meets on an as-needed basis in the City Council Chambers. Boardmembers are appointed to 3-year terms but may serve indefinitely.
LOS ANGELES COUNTY WEST VECTOR CONTROL BOARD
The Los Angeles County West Vector and Vector-Borne Disease Control District was formed in 1944 and covers approximately 680 square miles, contains 23 cities, including the City of Manhattan Beach, and unincorporated territory of Los Angeles County. The purpose of the control district is to educate the public about vector- transmitted diseases, vector related injuries and provide additional information on services offered by the control district.
Each City Council, and County Board of Supervisors within the boundaries of the district, may appoint one (1) representative each to the Los Angeles 2 Commissioner must have a business license registered with the City of Manhattan Beach. This seat does not require that the commissioner live or be registered to vote in Manhattan Beach.
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County West Vector Control Board of Trustees. The City’s appointed Trustee must be a resident and registered voter in Manhattan Beach. The Board of Trustees currently holds regular meetings once every two months on the 2nd Thursday of the month at 7:30 PM at the District's headquarters located at 6750 Centinela Avenue, Culver City, CA. There are typically a total of six meetings per year (January, March, May, July, September, and November). First time appointees are appointed for a two (2) year term; thereafter, a trustee may be appointed to a two (2) or four (4) year term at the discretion of City Council. There is no maximum tenure for this appointment.
Trustees who attend the regularly scheduled meetings are compensated with a payment of $100 in lieu of expenses. By law, the Trustee must attend the meeting to receive compensation. No trustee can receive more than $100 per month for serving on the Board regardless of the number of meetings.
In addition to any applicable policies in this Handbook, the appointee is subject to the Los Angeles County West Vector Control Board’s policies.
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POLICIES AND PROCEDURES
QUALIFICATIONS
Boardmembers and commissioners are appointed by the City Council. Each year, the City accepts applications for open board and commission seats. Notice is published in the City’s adjudicated newspaper (The Beach Reporter), on the City’s website, social media, and on the City’s posting boards. Applications are available on the City’s website. In order to serve on a board or commission, an applicant must be a registered voter, 18 years of age or older at the time the application is submitted to the City Clerk’s Office, and reside in the City of Manhattan Beach.
Applicants applying for student representative seats are an exception to the requirements above. Student representatives must be grades 9-12 during their appointed term (June 1 – May 31) and must be residents of Manhattan Beach. Incoming freshman completing their eighth-grade year are considered eligible.
All board and commission candidates are required to acknowledge (on their application) that they have read the Boards & Commissions Handbook. The Boards & Commissions Handbook is available on the City’s website.
Board and commission members cannot be appointed if they are a current elected official of the City or if they are employed by the City of Manhattan Beach.
TERMS
The term of office for each commission is three (3) years, starting June 1st and ending May 31st.
Student representatives serve a one-year term. At the conclusion of their original term, interested Student Representatives may submit an application to be considered for a commission other than the one they finished serving on.
Commissioners may serve a maximum of two consecutive three-year terms (6 years) on the same commission. Partial term appointment (see Filling Unscheduled Vacancy) to any term is not applied to the term limit.
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appointment must reapply and submit an updated application. An interview with the City Council is required.
After serving two consecutive three-year terms (6 years), commissioners must wait one year before serving on the same commission again. Commissioners may apply for appointment to a different commission at any time, but may not serve concurrently on more than one commission, with the exception of the Board of Building Appeals.
Members of the Board of Building Appeals are not subject to any term limits and can serve on a commission simultaneously.
Term expirations on each board and commission shall stagger so all seats do not expire within the same year.
ANNUAL INTERVIEW AND APPOINTMENT PROCESS
The City Clerk is responsible for the annual interview and appointment process and will make the necessary arrangements once per year during the spring. If there are no changes made to the process by the City Council, the City Clerk’s Office will adhere to the standard timeframes as detailed below.
The City Council has the discretionary authority to amend the interview and appointment process if needed.
FILLING UNSCHEDULED VACANCIES
From time to time, board and commission vacancies occur prior to the expiration of the term for various reasons such as voluntary resignations or removal. When such a Annual Process Annual Timeframe
Advertise Expected Vacancies January- April
Boardmember and Commission
Application Submission Period January- April
City Council Conducts Interviews 4th Tuesday in April
(start time dependent on number of applicants)
1st Round of Appointments 1st City Council Meeting of May 2nd Round of Appointments 2nd City Council Meeting of May Conduct Orientation for New Appointees May
Commissioner/Boardmember Begins
Term June
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vacancy occurs, the City Clerk shall notify the City Council and will receive direction regarding filling the vacancy. A new member will be appointed by the City Council at a public meeting.
If a vacant seat has 18 months or less remaining in its term, the new member will complete the original term of office and automatically be re-appointed to a three- year term. Following the three-year term, the member will be eligible for re- appointment by the City Council to another three-year term. If a commissioner desires to be re-appointed, the commissioner will need to re-apply and interview again.
If a vacant seat has 18 months or more remaining in its term, the new member will complete the original term of office and will then be eligible for re-appointment for only one succeeding three-year term. If a commissioner desires to be re-appointed, the commissioner will need to re-apply and interview again.
COMPENSATION
Boardmembers and commissioners are volunteer positions and will serve without compensation but may be reimbursed for their reasonable and necessary costs and expenses incurred in connection with the performance of their duties. Expenses must be pre-approved by the Department Head and Staff Liaison.
ATTENDANCE
Members are expected to appear in-person for all meetings and should contact their liaison if an accommodation needs to be made to join a meeting remotely. Specific requirements must be met, per the State Government Code, in order for a commissioner to attend a meeting remotely.
CAUSES FOR REMOVAL AND RESIGNATIONS
ABSENCES
Three absences are permitted within a year (June 1 – May 31). Upon occurrence of the fourth absence, the commissioner will automatically forfeit their seat and a letter of resignation will be requested. If no letter is submitted to the City Clerk’s Office within 14 days, the seat will be deemed vacant. This includes all meetings, i.e., Regular, Adjourned, Joint and Special. The subject commissioner may appeal the forfeiture of the vacated seat to the City Council in writing.
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Student representatives are permitted four absences within a year (June 1 – May 31) and are subject to the above-mentioned policy upon occurrence of their fifth absence.
Members of the Board of Building Appeals are subject to stricter meeting attendance standards due to the irregularity and limited frequency of meetings.
Two absences are permitted within a term (June 1 – May 31). Therefore, upon the occurrence of the third absence, a member will automatically forfeit the board seat and a letter of resignation will be requested.
OTHER FORMS OF ABSENCE
Tardiness to a meeting by an amount greater than 30 minutes will be counted as an absence. Likewise, leaving a meeting 30 minutes or more before a meeting ends will be counted as an absence.
REMOVAL AND RESIGNATIONS
A member of a board or commission may be removed from office by a vote of the majority of the City Council. A commissioner may also resign with a formal letter of resignation submitted to the City Clerk and agendized for City Council acceptance.
ORIENTATION TRAINING
Orientation training is mandatory for all new boardmembers and commissioners and optional for those who are re-appointed. Newly appointed members are required to attend one (1) training session in May provided by the City Clerk prior to attending their first board or commission meeting.
Additionally, the department liaison will provide a detailed orientation for new appointees.
CIVIC CENTER PARKING
Parking passes will be issued to assist boardmembers and commissioners when attending meetings. Staff liaisons will provide additional information regarding the specific distribution process for parking passes.
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LEGAL PROCEDURES
STATEMENT OF ECONOMIC INTEREST & ASSUMING OFFICE
The City’s Conflict of Interest Code requires every commissioner3 to submit a statement of economic interests (referred to as Form 700) for public officials. The Political Reform Act of 1974 (Gov. Code Sections 81000-91014) requires state and local government officials and employees, who make or participate in making governmental decisions, to publicly disclose their personal financial interests. They must also disqualify themselves from participating in decisions that may affect their personal financial interests.
The Fair Political Practices Commission (FPPC) is the agency with the primary responsibility for interpreting and enforcing the Act. The Act requires local agencies, such as the City of Manhattan Beach, to administer the processing of statements of economic interests.
After appointment by the City Council, the City Clerk will administer an oath of office, whereby the boardmember or commissioner is required to sign. The City Clerk will provide the necessary information to each commissioner required to file a statement of economic interest, so that the commissioner can complete the form electronically.
Any commissioner with questions regarding what is required to be disclosed on the Form 700 should contact the Fair Political Practices Commission (FPPC) in Sacramento at (916) 322-5660 or toll free at (866) 275-3772. Boardmembers and commissioners are required to submit the Form 700 to the City Clerk’s Office within 30 days from the start of their term. Failure to do so will disqualify a boardmember or commissioner from serving on a board or commission and will be subject to removal.
CONFLICT OF INTEREST
Boards and commissions address a wide-range of issues, therefore, it is likely that matters will be discussed which directly or indirectly impact individual board and commission members, personally. The proper operation of local government requires that public officials, including board and commission members, be independent, impartial, and responsible to the people. State law prohibits certain conflicts of 3 The Board of Building Appeals is exempt from this requirement.
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interest. Some conflicts are treated as criminal acts. Please request a copy of the Conflict of Interest Handbook from the City Attorney for more information.
In general, if you have a financial interest in a matter that is about to be discussed, you should disclose that during the meeting, prior to the discussion of the item, leave the room and refrain from participating in the discussion or vote. If you have a question about what may or may not be a conflict of interest you may consult the City Attorney for clarification prior to the meeting. You should contact the City Attorney at the earliest possible time so that the City Attorney can assist you in getting a formal opinion from the FPPC. Only a formal opinion from the FPPC can immunize you from liability on conflict issues. However, there is no Attorney/Client privilege for this type of discussion.
NEPOTISM POLICY
Boardmembers and commissioners who are immediate family may serve on a different board or commission for the City of Manhattan Beach but may not serve on the same one.
“Immediate family” is defined as a person’s spouse, children, parents, brothers and sisters, grandparents and grandchildren, aunts and uncles, nieces and nephews whether by blood, adoption, or marriage.
The City Council may approve exceptions to this rule on a case-by-case basis.
THE RALPH M. BROWN ACT
The Ralph M. Brown Act (The Brown Act) (California Government Code §54950 through 54962), described as the strictest open meeting law in the United States, requires that all board and commission business be conducted in public. The Act further requires that all meetings of boards and commissions be open to the public, without any restriction on the right of the public to attend, and that all actions considered be set forth on the boards and commissions’ written agenda in advance, with only a few Brown Act permitted limited exceptions.
Board and commission members should not discuss board or commission business with a quorum of other board or commission members outside of a public meeting. A quorum is defined as a majority of the members of the official body.
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serial in nature. For example, if Commissioner X e-mails Commissioner Y regarding commission business and forwards Commission Y’s response to Commissioner Z, a Brown Act violation may have occurred. If a staff member or private party e-mails Commissioners X, Y and Z soliciting their opinions about an agenda item and each “reply all,” a Brown Act violation may have occurred. Commissioners should take extra care to review the content and recipients of e-mails and all communications to avoid Brown Act violations.
Should you have questions regarding The Brown Act or require a copy of a Brown Act Handbook, please contact the City Attorney.
SUNSHINE POLICY
On August 18, 2015, City Council adopted a Sunshine Policy (and later revised on June 6, 2017) directing staff to exceed the minimum requirements of The Brown Act. Where applicable, boardmembers and commissioners are required to fully comply with the City’s Sunshine Policy (see Attachment – Exhibit A).
ETHICS TRAINING
The City Council requires that City board and commission members attend ethics training. A member has 30 days from the start of their term to complete the training.
The training must be repeated every two years while serving. Staff Liaisons or the City Clerk’s Office will notify board and commission members of an upcoming training.
LIVE SCAN
Commissioner’s that serve with a Student Representative are required to complete a Live Scan, which is an electronic fingerprinting process that performs a criminal record check. Information regarding setting up an appointment will be provided during orientation with all newly appointed commissioners. If the commissioner completes the process with the Manhattan Beach Police Department, the City will cover the necessary costs to conduct the check.
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BOARD & COMMISSION MEETINGS & PROCESS
AGENDA PACKETS
Prior to each board or commission meeting, City staff prepares an agenda, a staff report, and accompanying documentation (Agenda Packet). This information is posted 72 hours before the meeting on the City’s website, the City’s posting boards, and is available via hard copy at City Hall. Board and commission members will receive their Agenda Packet via e-mail.
Boardmembers and commissioners should read their Agenda Packet prior to the public meeting. Commissioners who have questions after reviewing the Agenda Packet are encouraged to call their City Staff Liaison prior to the meeting. This allows staff an opportunity to prepare additional information for the meeting, if necessary.
While it is appropriate to ask questions of staff, it is equally important to keep an open mind until after the matter has been presented. The Brown Act requires decisions to be made during the public meeting. Therefore, if you learn information from your discussion with staff prior to the public meeting, it is important that you state this information during the public meeting. In addition, for due process, you should state for the record any conversations you have with the applicant or the public, known as “ex parte communications,” prior to your body’s consideration.
MINUTES
Minutes are taken by City staff at each meeting. Minutes contain a record of the proceedings, motions and actions, date, time location, staff and commissioners present, adjournment time, and date, time and location of the next meeting.
Minutes are not taken verbatim, but rather summarize the position, reasoning and vote of each boardmember or commissioner. While minutes may reflect statements, positions and the vote of each member, the recommendation to the City Council will be by the collective body as opposed to individual members. Where the commission’s recommendation is different from staff’s reccomendation, staff will present both positions. The minutes will also identify all public individuals who comment on issues.
Minutes become an official record once they are approved by the majority of the commissioners. Corrections to the minutes may be made during a public meeting with the approval of the majority of Commissioners.
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MEETINGS & QUORUM
A quorum (a majority of the members of the body) is required to conduct an official meeting.
REGULAR MEETINGS
The Brown Act requires that the time and place of the scheduled meetings be set forth in rules and regulations of the board or commission and that an agenda be published 72 hours in advance.
ADJOURNED MEETINGS
City staff may cancel a regularly scheduled meeting for lack of a quorum. Staff shall post a notice in advance of the new adjourned meeting.
JOINT MEETINGS
Occasionally, joint meetings will be scheduled between different commissions or with the City Council. Staff shall post a notice in advance of a joint meeting.
SPECIAL MEETINGS
Pursuant to The Brown Act, the chair of a commission may call a special meeting at any time with 24 hours advanced written or email notice. Written notice must be sent and received by each member of the commission and then posted for the general public. The notice must state the time and place of the meeting, and all agenda items to be transacted or discussed. The agenda must be posted at least 24 hours prior to the special meeting at all City posting locations.
WORK PLAN
Commissioners will work with their designated Staff Liaison to identify goals, future ideas or projects, and any necessary or anticipated budgetary considerations or priorities. These items will be included as part of the City Council’s Work Plan. The Work Plan is updated and reports are provided to the City Council throughout the year. In addition to the reports, the City Council will hold an annual meeting to review their City Council Work Plan, where they may provide direction, add, remove, or revise items that the Commission would like Council consideration of.
The commissions will work with their liaison to send periodic updates to the City Council regarding the status of their current items or to identify any new requests that they would like to pursue.
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The Board of Building Appeals meets on an as-needed basis and does not participate in this process.
CEREMONIAL REQUESTS
Requests by commissions to recognize outside organizations or individuals are required to be communicated to the City Clerk’s office by the staff liaison. The City Clerk’s office will coordinate with the Mayor, and if approved, the recognition will be placed on a future City Council meeting agenda.
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ROLES, DUTIES AND LIMITATIONS
ROLES
In general, the role of boards and commissions is to advise and provide recommendations to the City Council regarding issues that are presented to the commission from either the City Council, City staff, or initiated by the commission itself and approved by the City Council for study. Staff will generally recommend solutions to the issue at hand. Commissioners are welcome to suggest additional solutions, as well. Both staff and commission solutions will be presented to City Council in a staff report.
Boards and commissions are officially appointed bodies by the City Council.
Commissions may form ad hoc committees of less than a majority of its membership to conduct studies and to develop recommendations to be considered by the commission. Ad hoc committees are established for specific purposes and for limited time periods.
DUTIES
Boardmembers’ and commissioners’ general duties are to attend their board and commission meetings, review the agenda packet in advance, take public testimony, evaluate and deliberate with their colleagues and staff, attend City events and activities relevant to the commission, and make commission recommendations to City Council that are in the best interest of the community.
Depending on the issue before the board or commission, it is permissible and may be helpful for boardmembers and commissioners to make site visits. Ask your Staff Liaison to advise you.
Boards and commissions may on occasion be asked to reach out to the community to inform the general public about various issues and events that are relevant to their commission work. In these cases, City staff and City Council will create an outreach plan with the board or commission as identified in the City Council approved Work Plan.
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BOARDS & COMMISSIONS HANDBOOK
CITY ISSUED E-MAIL ACCOUNT
Each board and commission member will be provided with a City issued e-mail account in order to communicate with staff and the public. All correspondence regarding board or commission matters will be sent to that account and it is the responsibility of the member to monitor and check it regularly. E-mails will not be forwarded to personal e-mail accounts.
COMMISSION LIMITATIONS
Commissions are limited in their authority and are prohibited from making law or policy, directing staff or the City Council, authorizing City expenditures, or engaging in any actions not authorized by law or outlined in these guidelines.
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BOARDS & COMMISSIONS HANDBOOK
RULES, REGULATIONS AND DECORUM
RUNNING THE MEETING
The chairperson presides and conducts the meetings in accordance with the Brown Act commission by-laws (if any) and Roberts Rules of Order. Each commission shall also appoint a vice-chairperson who shall serve as chair should the chair be unable to conduct a meeting.
The commission chair and vice-chairperson serve one-year terms (June 1 to May 31) and are rotated amongst the commissioners in order of their seniority on the commission. A commissioner may elect not to serve as chair, by doing so, the commissioner will forego their opportunity as chair at that time, and may serve at a later rotation based upon seniority.
If the chairperson seat becomes vacant during a term, the vice-chairperson shall assume the duties of chairperson. The new chair will fulfill the remaining term of the previous chairperson and will complete their own one-year term thereafter. A new vice chairperson will be appointed by the commission in accordance with seniority on the commission.
RELATIONSHIP BETWEEN THE COMMISSION AND CITY STAFF
The City Manager appoints a Staff Liaison for each board and commission. He or she becomes the primary contact between the commission and the City Council and other City staff. If a commissioner sends a letter or e-mail message to the City Council, City Manager, or other City staff concerning commission related issues, a copy should be sent to the Staff Liaison as well.
The role of the Staff Liaison is to provide information to the boardmembers and commissioners to assist them in making a recommendation to the City Council. The Staff Liaison prepares the agenda packet and ensures that all public notices are made. They also attend each meeting, and prepare the staff report and minutes that go to City Council with the Commissions’ recommendations. Commissioners may request any changes to the meeting minutes during the meeting at which the minutes are being presented for approval. Staff Liaisons are responsible for the legislative history of the board or commission which includes agenda packets, minutes, and resolutions (for Planning Commission).
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BOARDS & COMMISSIONS HANDBOOK
Board and commission members are expected to respond to their staff liaisons in a timely manner and to follow deadlines as provided by staff or the City Council.
COMMUNICATION WITH THE PUBLIC & STAKEHOLDERS
Commissioners are often contacted by the public or other stakeholders with regard to matters before them. It is appropriate to receive this information in order to learn more about the issue. However, it is important that commissioners refrain from making decisions or expressing their views on the pending issue prior to the meeting. Keeping an open mind will make it easier for commissioners to understand all sides of an issue once it is presented at the public meeting.
Commissioners may encourage those who take an interest to attend and participate in commission meetings. Commissioners should keep in mind, however, that many people who may be impacted will not be in attendance. Commissioners should endeavor to represent the interests of all Manhattan Beach residents and business owners, not just the individuals present at a meeting. Commissioners should use their best judgment to make the decision that is best for the entire community.
As mentioned earlier, the disclosure during a public meeting of site visits, as well as prior contact with applicants, opponents or other stakeholders (known as “ex parte communications”) is required prior to discussing and acting on a matter.
COMMUNICATION WITH COUNCIL
It is the Staff Liaison’s role to communicate to City Council the findings of the board and commissions. Where the commission recommendations are different from those of the staff, staff will present both positions to City Council in the staff report and presentation.
Commissioners are not permitted to speak during City Council meetings on topics that have come before their commission. They may, however, make phone calls or send e- mails to the City Council, with copies to their Staff Liaison.
RULES OF DECORUM AND CIVILITY POLICY
At the August 18, 2015 City Council meeting, the Manhattan Beach City Council adopted a Rules of Decorum and a Civility Policy. An amended and restated policy was adopted by the City Council on August 6, 2019 (see Attachment - Exhibit B) to continue to ensure that all meetings are conducted democratically and effectively, and PAGE 30 OF 42
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so that all members of the public have a full, fair and equal opportunity to be heard.
The policy states, “The City Council, all City Boards and Commissions and City staff shall promote the use of and adherence to these guidelines for behavior at all public meetings within the City.”
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BOARDS & COMMISSIONS HANDBOOK
KEEP IN MIND
TEAMWORK
We are honored to have you as part of our team! Your appointment places you among others who share your commitment to the community and your fellow residents of the City of Manhattan Beach. You will realize that in order for a local governmental agency to effectively serve the needs of its residents and businesses, there must be cooperation and teamwork at every level including the City Council, board and commission members, and City staff.
DIFFERENT OPINIONS ARE WELCOME
Everyone sees the world in a slightly different way, and the five or more individuals serving on a board or commission are no different. You will have your own opinions and views with respect to certain issues, as will your colleagues. You should respect the opinions and views of others whether they are staff, other board or commission members, or individuals speaking before your board or commission.
As a board or commission member, you will invest a great deal of time and energy to arrive at a meaningful recommendation for the City Council’s consideration. Do not be upset or frustrated if staff members disagree with the board or commission’s recommendation. City staff is motivated by the same goals as the board or commission members – namely, the best interests of the City. They too have an obligation to present their best recommendations to the City Council. The ultimate decision rests with the City Council, and it is incumbent upon City staff to provide the City Council with all the relevant information to make the best decision. At times this may include positions that conflict with a commissioner’s positions or the commission’s recommendation.
WE VALUE YOUR SERVICE
As a member of a City board or commission, you play a very important role in making Manhattan Beach a great place to live and work. You will be asked to make recommendations on a number of issues, many of which have an equal number of supporters and opponents. You may find that making these recommendations is not always an easy task.
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You will soon realize that the services the City provides, many of which require careful thought and planning, ensure the highest quality service while remaining cost efficient.
You will learn that there are different rules and procedures required to accomplish goals and complete projects for a public agency than for a private company. Many of these requirements and regulations are unfamiliar to the average citizen.
ENJOY THE EXPERIENCE
You should take comfort in knowing that you are making a positive difference in your community. Without you and your fellow board and commission members’ help and personal insight, the City of Manhattan Beach would not be the great place that it is!
HANDBOOK REVIEW AND UPDATES
The City Clerk, with approval from the City Manager and City Attorney, is authorized to update the Boards and Commissions Handbook without further action by the City Council.
Any formal changes to the membership or role of a board or commission will be brought to the City Council for consideration.
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ATTACHMENT
EXHIBIT A - SUNSHINE POLICY
City of Manhattan Beach Sunshine Policy
1. PURPOSE
The City of Manhattan Beach (“City”) is committed to transparency, open government and providing the public with timely and wide-ranging access to its meetings, written records and information.
This Sunshine Policy is the culmination of the work initiated by the City’s Ad Hoc Open Government Subcommittee which was established in order to improve transparency, openness and accessibility. From 2011 to 2013, the Ad Hoc Open Government Subcommittee held multiple public input meetings to discuss many open government best practices. Through the research conducted, the Ad Hoc Open Government Subcommittee created and revised numerous Open Government Initiatives, and developed an Open Government Initiatives Matrix. In some instances, the City Council directed staff to go above and beyond the minimum requirements of the Ralph M. Brown Act (Brown Act). In other instances (e.g. Appendix A, No. 2), City Council directed staff to fully comply with the Brown Act.
The purpose of this policy is to compile the work of the Ad Hoc Open Government Subcommittee into one cohesive policy with the goal of ensuring the public has easier access to City government, so that they may be more informed about what their City is doing, and so that they may be involved in a more meaningful and knowledgeable way.
2. FINDINGS
The Manhattan Beach City Council finds as follows:
A. The Ralph M. Brown Act states: "The people of this State do not yield their sovereignty to the agencies which serve them."
B. It is the City’s duty to serve the public and to accommodate those who wish to obtain information about or participate in the process of making decisions by providing comment and input, prior to any official decision.
C. Elected City officials, commissions, boards, advisory bodies and other agencies of the City exist to conduct the people’s business. This policy is intended to assure that the deliberations of these bodies and the City’s operations are open to the public.
D. Each member of the public is afforded the following: the ability to attend City Council meetings and provided an opportunity to directly address the council “before or during” consideration of an agenda item. In those rare and unusual circumstances where the business of PAGE 34 OF 42
government may be conducted behind closed doors, those circumstances must be carefully and narrowly defined to prevent any abuse.
E. This policy is intended in part to clarify and supplement the Ralph M. Brown Act and the California Public Records Act to assure that the people of the City of Manhattan Beach can be fully informed and thereby retain control over the instruments of local government in their City.
3. DEFINITIONS
Unless defined herein, the definitions in the Ralph M. Brown Act and the California Public Records Act and related laws shall govern.
4. SUNSHINE INITIATIVES
The City of Manhattan Beach goes above and beyond the minimum requirements of the Brown Act. The following initiatives reflect the work of the Ad Hoc Open Government Subcommittee as well as additional implemented Sunshine initiatives:
A. Public Forums, Hearings and Meetings.
Periodically, City Council adopts and amends its Meeting Management Rules (attached is the most current version) and amends and restates the rules of order for the conduct of City Council meetings and includes a number of Sunshine Initiatives, including:
a. Public Comment - Provides the public an early opportunity to comment on any agenda item, or non-agenda item within the subject matter jurisdiction of City Council.
b. Planning Commission Quasi-Judicial Decisions - Provides the public early notification of Planning Commission Quasi-Judicial Decisions. c. Future Discussion Items - Provides the public early notification of potential future City Council Agenda items.
(Resolution 18-0028; Appendix A, No. 9, No. 10, No. 23 and No. 31).
1. City Council Agenda and Agenda Packet Noticing and Distribution Timeframes:
a. Posting a copy of the regular meeting agenda in a location freely accessible to the public 24 hours a day, no later than six days before the date of the meeting, and shall specify the time and location of the regular meeting.(Appendix A, No. 1) and;
b. All regular meeting agendas shall be posted on the bulletin board located outside of City Hall and the bulletin boards at the Joslyn Community Center, the PAGE 35 OF 42
Manhattan Heights Community Center and on the City’s website no later than six days before the date of the meeting. Complete agenda packets shall be made available at the office of the City Clerk, the Manhattan Beach Police Department, the Joslyn Community Center and the Manhattan Beach Public Library as well as posted on the City’s website, to the extent fiscally and technologically feasible, no later than six days before the date of the meeting, and shall be available for immediate public inspection at the locations listed above during normal business hours, except for the Manhattan Beach Police Department which will be available 24 hours a day, seven days a week (Resolution 18-0028) and; c. All agendas and agenda packets of every regular City Council meeting shall be available to the public by an email subscription through the City’s email notification (E-Notify) system (Appendix A, No. 1, No. 19 and No. 26). Such service shall be provided free of charge and shall be provided to the subscriber until the request for the service is cancelled by the subscriber or the email address is no longer valid. The email shall be sent at the time of the posting of the agenda for the meeting.
d. When applicable, a comprehensive public outreach section is now incorporated into the new staff report format. This new format includes a Public Outreach/Interest section which will be utilized to discuss planned outreach efforts that have occurred with various stakeholders (Appendix A, No. 14) and; e. Documents provided to the City Clerk after the posting of an agenda will be distributed to the City Council and hard copies will be made available for the public at the City Council meeting (Resolution 18-0028). f. All agendas of every quasi-judicial body shall be available to the public by an email subscription through the City’s email notification (E-Notify) system (Appendix A, No. 1). Such service shall be provided free of charge and shall be provided to the subscriber until the request for the service is cancelled by the subscriber or the email address is no longer valid. The email shall be sent at the time of the posting of the agenda for the meeting.
g. Early notification of recent Planning Commission decisions will be posted on the City’s website and distributed through the City’s E-Notify system (Appendix A, No. 31).
Notwithstanding any other provision of this policy, the inability of an agenda subscriber to timely receive the agenda or agenda-related material via the City’s E-Notify system pursuant to this section, shall not constitute grounds for invalidation of the actions of the body taken at the meeting for which the agenda or the agenda-related material was not timely received.
2. Closed Session Language, Settlement Transparency.
This policy will provide more information to the public regarding the language on Closed PAGE 36 OF 42
Session agendas pertaining to litigation matters and settlement agreements. The language is listed below:
a. Existing Litigation - The City will provide additional information to describe closed sessions concerning existing litigation to adequately inform the public of the nature of the litigation in full compliance with the Brown Act. b. Anticipated Litigation - The City will provide additional information as to the existing facts and circumstances to describe closed sessions concerning anticipated litigation in full compliance with the Brown Act. c. Settlement Agreements - Proposed settlements of litigation will be placed on the open session portion of City Council meeting agendas when appropriate.
3. Minutes.
a. Each body covered by the Brown Act shall record the minutes for each meeting convened under the provisions of the Brown Act. The format of the minutes for City Council meetings will be action minutes (Appendix A, No. 8). The draft action minutes of each City Council and Planning Commission meetings shall be available for inspection and copying upon request within the shortest possible time after the meeting (Appendix A, No. 7). In addition, the City shall also provide closed captioning of all City Council meetings and Planning Commission meetings (excluding Closed Sessions) for the hearing impaired (Appendix A, No. 22).
B. Technology and Transparency.
a. The City shall also receive public comment on its website on agendas, topics and issues within the City’s jurisdiction and related to official City business. The purpose of receiving public comment through the City’s website is to expand the City’s civic engagement efforts in order to reach out and obtain comments and feedback from a broader segment of the City’s population. The City will also use its website and internet based platforms to disseminate important information to the public. The City will employ multiple internet based platforms to receive public comment, feedback, ideas and suggestions (Appendix A, No. 15, No. 20, No. 21, No. 30, and No. 33). These internet based platforms will be made available on the City’s website and may include but are not limited to:
1. Facebook.
2. Twitter.
3. Nixle.
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4. Open City Hall.
5. Information Memos.
6. Budget Transparency Platform.
7. GovQA (Internet based, public records request portal used for submitting and reviewing Public Records Requests and any corresponding documents).
The City will make all reasonable efforts to ensure these services will be available 24 hours a day, seven days a week, excluding any software or hardware failure which the City has taken customary precautions.
b. A video and audio recording of each City Council meeting shall also be recorded and made available for inspection and copying upon request within the shortest possible time after the meeting. Any additional meetings held by bodies covered under the Brown Act conducted outside of the City Council chambers, at nearby City facilities, will be broadcast to the extent where technologically feasible and practicable (Appendix A, No. 5 and No. 6). c. The City will put forth its best effort to utilize the latest advancements in technology, where financially and technologically feasible, to improve transparency and increase open government.
5. BUDGET PROCESS
This policy incorporates new open government measures regarding the City’s budget process, going above and beyond what is legally required. Community budget meetings will be held prior to the creation of the City’s budget to assess spending priorities for the coming fiscal year. The City will also provide quarterly budget updates regarding the City revenues and expenditures in conjunction with the online Budget Transparency Platform to increase financial transparency and public oversight. The budget process will also include a review of performance measures, and implement revised performance measures when necessary to meet the long-term strategic goals established by the City (Appendix A, No. 21 and No. 29).
6. TRAINING
Annual training will be provided to Councilmembers, Commissioners and City staff on the Brown Act, California Public Records Act and conflicts of interest. The City Attorney’s Office will provide training. (Appendix A, No. 3, No. 34 and No. 35).
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7. CONFERENCE AND TRAVEL REPORTS
Per Assembly Bill 1234 (AB 1234), City Councilmembers are required to provide a report regarding any City related travel or conferences they attended in their capacity as an elected official. City Councilmembers must provide this report at the first regular City Council meeting after returning from their travels.
This policy also requires the City Manager and all other senior City staff members to provide a report on any City related travel or conferences they attended, going above and beyond the requirements of AB 1234. These reports will be incorporated into an Information Memo distributed through the City Manager’s Weekly Update that will be posted to the City’s website and sent out through the City’s E-Notify system (Appendix A, No. 24, No. 25 and No. 32).
8. PUBLIC RECORDS ACT
Release of public records by a body or by any department, whether for inspection of the original or by providing a copy, shall be governed by the Public Records Act in any particulars not addressed by this policy (Appendix A, No. 27). In addition, the City has supplemented the Public Records Act with its own Public Records Act Protocol.
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ATTACHMENT
EXHIBIT B – CIVILITY POLICY AND RULES OF DECORUM – RESOLUTION 19-0083
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