1 CITY OF REDONDO BEACH
City Council Rules of
Conduct and Decorum
DATE:
2 TABLE OF CONTENTS
SECTION 1. CITY COUNCIL POLICY ON THE CONDUCT OF PUBLIC MEETINGS .............................................. 5 SECTION 2. RULES, GUIDELINES, AND PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS OF THE COUNCIL, BOARDS, AND COMMISSIONS ...................................................................................................... 5
2.1 Definitions ........................................................................................................................................... 5
2.2 Voting .................................................................................................................................................. 6
2.3 General Procedures For Agenda Items ............................................................................................... 6
2.4 Multiple Motions/Votes: ..................................................................................................................... 7
2.5 City Council Rights To Speak To And Address Items: .......................................................................... 7
2.6 The Amount Of Time Allocated For Public Comment: ........................................................................ 7
2.7 Order Of The Agenda .......................................................................................................................... 8
2.7.1 Opening the meeting; roll call; salute to the flag and invocation; and presentations, proclamations, announcements, and AB 1234 announcements .......................................................... 8
2.7.2 Approval of the order of the agenda ........................................................................................... 8
2.7.3 Blue folder items .......................................................................................................................... 8
2.7.4 Consent Calendar ......................................................................................................................... 8
2.7.5 Excluded Consent Calendar ......................................................................................................... 8
2.7.6 Public Participation on Non-Agenda Items .................................................................................. 9
2.7.7 Ex-parte Communications on Quasi-Judicial Public Hearings ...................................................... 9
2.7.8 The Rules for the Conduct of Quasi-Judicial Public Hearings ...................................................... 9
2.8 Rules Of Conduct For Public Hearings Other Than Appeals: ............................................................ 12
2.9 City Manager (Or Staff Liaison) Items ............................................................................................... 12
2.10 Referrals To Staff, Commissions, Or Sub-Committees And BRRS ................................................... 12
2.11 Recesses .......................................................................................................................................... 13
2.12 Adjournment ................................................................................................................................... 13
2.13 Closed Sessions ............................................................................................................................... 13
2.14 Length Of Meeting And Adjournment ............................................................................................ 13 SECTION 3. ROLE OF COMMISSIONS ........................................................................................................... 13
3.1 The Limited And Restricted Scope Of The Powers And Duties Of Commissions. ............................. 13
3.2 Staff Liaison ....................................................................................................................................... 14 SECTION 4. MOTIONS.................................................................................................................................. 14
4.1 Motions In General ........................................................................................................................... 14
4.2 Types Of Motions On Agenda Items For Action ................................................................................ 14
4.2.1 The Basic Motion ....................................................................................................................... 14 3 4.2.2 The Motion To Amend ............................................................................................................... 14
4.2.3 The Substitute Motion ............................................................................................................... 14
4.2.4 Motion To Reconsider ................................................................................................................ 15
4.3 Order Of Voting On Motions ............................................................................................................. 15
4.4 Other Motions ................................................................................................................................... 15
4.4.1 Motion To Adjourn ..................................................................................................................... 15
4.4.2 Motion To Recess For A Break ................................................................................................... 15
4.4.3 Motion To Table ......................................................................................................................... 15
4.4.4 Motion To Limit Debate/Call The Vote/Call The Question ........................................................ 15
4.4.5 Nominations And Motion To Close Nomination ........................................................................ 16
4.4.6 Motion To Suspend The Rules ................................................................................................... 16
4.5 Voting On Motions ............................................................................................................................ 16
4.6 Mayoral Veto .................................................................................................................................... 17
4.7 Action On Non-Agendized Items Are Prohibited With Limited Exceptions. ..................................... 17
4.8 Remote Participation Request Due To Emergency Circumstances .................................................. 18 SECTION 5. RULES, REGULATIONS, GUIDELINES AND PROCEDURES RELATED TO PUBLIC PARTICIPATION IN PUBLIC MEETINGS. ................................................................................................................................. 18
5.1 Compliance with Federal and State laws .......................................................................................... 18
5.2 Public Participation on Non-Agenda Items ....................................................................................... 18
5.3 Public Participation On Agenda Items .............................................................................................. 18 SECTION 6. PUBLIC PARTICIPANT RULES OF CONDUCT, DECORUM AND COURTESY ................................ 19
6.1 Public Participant Rules of Conduct, Decorum, and Courtesy .......................................................... 19 SECTION 7. ENFORCEMENT OF THESE RULES AND PUBLIC CONDUCT ....................................................... 20
7.1 Scripts Dealing With Meeting Disruptions ........................................................................................ 21 SECTION 8. COURTESY, DECORUM, AND PERSONAL CONDUCT OF CITY COUNCIL AND COUNCIL APPOINTED MEMBERS OF CITY BODIES ..................................................................................................... 21
8.1 Acting Professional, Respectful, and Appropriate Within Official Capacity. .................................... 22
8.2 Members Should Wait To Be Recognized By The Chair. ................................................................... 22
8.3 Members, The Mayor, And The Chair Should Be Prepared To Act On The Merits Of The Decision At Hand. ....................................................................................................................................................... 22
8.4 Members, The Mayor, And The Chair Should Promote Transparency And Accountability ............. 22
8.5 Members, The Mayor, And The Chair Shall Protect Confidential Information ................................. 23
8.6 Members, The Mayor, And The Chair Should Be Mindful In Their Dealings Outside The Meetings 23 4 8.7 Members, The Mayor, And The Chair Shall Not Misrepresent Or Abuse Their Position Or Use It For Personal Gain .......................................................................................................................................... 23
8.8 The Mayor, Chair, And Members Are Expected To Follow The Same Rules Of Courtesy And Decorum As The Public ........................................................................................................................... 23
8.9 Use Of Electronic Devices During Meetings ...................................................................................... 23
8.9.1 Silencing Devices And Limiting Use ............................................................................................ 23
8.10 Prohibitions During Quasi-Judicial Hearings ................................................................................... 23
8.11 Attendance ...................................................................................................................................... 24
8.11.1 Mayor and City Council Attendance ........................................................................................ 24
8.11.2 Commissioner Attendance ....................................................................................................... 24
8.12 Mayor And Members Will Perform All Required Training In A Timely Manner ............................. 24
8.13 Commissioners And Commission Chairs Should Stay Within The Role And Scope Of The Board/Commission ................................................................................................................................. 24
8.14 Commissioners Serve At The Will Of The City Council .................................................................... 25 SECTION 9. MEETING PARTICIPATION VIA TELECONFERENCE UNDER PROVISIONS OF THE BROWN ACT AND CITY CHARTER, AND PROCEDURES FOR DISRUPTION OF TELEPHONIC OR INTERNET SERVICE ......... 25
9.1 Remote Participation for City Council Meetings ............................................................................... 25
9.2 Procedures For Disruption of Telephonic or Internet Service .......................................................... 26 APPENDIX A – Model Agenda for City Council meetings ............................................................................ 28
5 SECTION 1. CITY COUNCIL POLICY ON THE CONDUCT OF PUBLIC MEETINGS Pursuant to the Redondo Beach City Charter, and as the governing body of the City of Redondo Beach, it is the City of Redondo Beach City Council’s (“City Council”) role to establish rules for the conduct of City proceedings and to create such boards and commissions as in the City Council’s judgment may be required to promote the interests of the City of Redondo Beach.1 It is hereby the policy of the City Council to:
1) Provide an opportunity for public input on all matters of City business; and 2) Conduct meetings in an efficient, business-like manner.
To achieve the above goals, the City Council adopts the following rules, guidelines, and procedures governing the conduct of its meetings, and those of the City’s commissions, committees, and boards (“Rules”), pursuant to the authority prescribed in the Redondo Beach City Charter (“City Charter”), and in compliance with Redondo Beach Municipal Code (“Municipal Code”), California law, and Federal law.
The Rules hereby repeal all prior rules, guidelines, procedures, and bylaws governing the conduct of the meetings of the City Council and all City commissions, committees, and boards, unless otherwise, and only to the extent, provided for by the Redondo Beach Municipal Code.
To the extent any of these Rules are or become in violation with the City Charter, Municipal Code, or California or Federal law, all of the latter shall take precedence over these Rules. All references to specific laws cited in these Rules shall refer to and mean the law as it now exists or may hereafter be amended.
SECTION 2. RULES, GUIDELINES, AND PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS OF THE
COUNCIL, BOARDS, AND COMMISSIONS
These Rules govern the conduct of public meetings of the City Council, and those commissions, committees, and boards that are subject to the Brown Act.2 These Rules are drafted primarily for City Council meetings. Some sections may not be applicable to certain commissions, committees, and boards (some of which have no hearing responsibilities).
2.1 Definitions
The term “Body” refers to and means a commission, committee, or board, or the City Council, unless otherwise more specifically indicated.
The term “Chair” refers to and means the Mayor, Chair or Chairperson of a commission, committee, or board, and the Vice Chair in the Chair’s absence.
The term “Mayor” refers to and means the Mayor, and the Mayor Pro Tem in the Mayor’s absence.
The term “Member” refers to and means the members of the City Council, and voting members of commissions, committees, and boards, unless specifically indicated otherwise. 1 RB City Charter, §9.8, Meetings, rules of conduct, §15, Creation of Boards and Commissions. 2 The “Brown Act” shall mean and refer to the Ralph M. Brown Act, California Government Code sections 54950, et seq., or as otherwise amended and codified under California law. 6 The term “Presiding Officer” refers to and means the Mayor, which includes the acting Mayor Pro Tem, and Chair, which includes the acting Vice Chair, at all respective regular and special meetings.
2.2 Voting
A Chair and Vice Chair are voting members of a commission, committee, or board, and can make and second motions, but do not have veto power or a second vote on a matter, even if otherwise necessary to decide a tie.
The Mayor, including when acting as the Chair or chairperson of a Body, may not make or second motions, or make referrals to or otherwise direct the City Manager or staff. The Mayor may request that a Member of the City Council do one or more of those actions on the Mayor’s behalf. The Mayor may request Budget Response Reports (“BRR”).
A Member of the City Council, when acting as Mayor Pro Tem, retains all rights and powers as a Member of the City Council. A Mayor Pro Tem has only one vote on any matter brought before the City Council, and does not have a second vote on a matter, even if otherwise necessary to decide a tie. The Mayor Pro Tem does not have, and may not be delegated, the power of the veto.
2.3 General Procedures For Agenda Items
1. The Chair should clearly announce the agenda item letter/number and should clearly state the title of the agenda item.
2. The Chair should invite the persons designated by the City Manager and/or City staff to report and provide any recommendations on the agenda item.
3. The Chair shall allow Members of the respective Body to ask questions of City staff and those whom presented on the agenda item, within reason, at the Chair’s discretion, so as not to disrupt the flow of the presentation unnecessarily or to prevent development into a general discussion without first completing the briefing.
4. The Chair shall open up the floor for discussion by the Body. Members of the Body shall await the Chair giving them the floor before they speak.
5. The Chair shall invite public comment on the item. The Chair determines when to open the public comment—either before or after a motion is made on the agenda item. The Members of the City Council shall also have the right to determine the timing of public comment on an agenda item.
In all cases, public comment shall be heard prior to the vote of the Members of the Body. The Chair may ask for, or a Member of the Body may make, a motion prior to public comment. The Chair shall ensure time limits are strictly adhered to by public comment speakers. At the end of public comments, the Chair shall close public comment period.
6. At the discretion of the Chair, the Body may be invited to discuss the motion(s) in light of public comments.
7. The Chair may invite or suggest a motion to the members of the Body. (See “Motions” in Section 4 below).
7 8. Members of the Body shall be invited by the Chair to debate/discuss the motion(s) on the floor, the time at which that occurs is left to the discretion of the Chair. The Members of the City Council have the right to make and have decided a motion, to determine when, and to what extent, to debate/discuss the motion(s) on the floor.
9. When the Chair has determined that there has been sufficient debate/discussion of the motion(s) on the floor, the Chair should call the vote. All Members of the Body must have the opportunity to speak on an item before the vote is called. At the discretion of the Chair, the vote may be a call for “ayes” and “nays”, or a roll call vote of each Member of the Body. The Chair shall announce the result to the public.
10. If an agenda item requires the passage of a resolution or ordinance, the Chair shall call on the Clerk, or Clerk’s designee, to read the resolution/ordinance by title only.
2.4 Multiple Motions/Votes
There may be more than one motion/vote on an agenda item when there is more than one decision or direction provided by City Council. For example, the City Council may approve a motion to incorporate a list of comments to a proposed ordinance, and in a separate motion, the City Council may direct the City Manager to draft an emergency moratorium while the ordinance is being amended by staff.
2.5 City Council Rights To Speak To And Address Items
The Chair and each Member of the City Council shall, subject to the Brown Act, have the right and opportunity to, at a minimum, speak on, and address, each agenda item, including public comments on non-agenda items (including addressing individual public speakers immediately after an individual has concluded their comments), at some point during the time that each item is called before the City Council, and in the event of a motion on that item, including a motion to limit debate/call the vote/call the question, the right and opportunity to speak on and address that motion prior to it being voted upon, to the extent not prohibited by the Brown Act.
2.6 The Amount Of Time Allocated For Public Comment
With the exception of specific time limits on appeals, which are detailed below, each member of the public may speak only once on each agendized item for a maximum of three (3) minutes.
A member of the public who utilizes a translator shall be provided a maximum of six (6) minutes to ensure that non-English speakers receive the same opportunity to directly address the Body that nonEnglish speakers receive.
The comments must pertain to the agendized item. The Chair, Members of the Body, and City staff should refrain from interrupting a speaker’s public comment.
With respect to public comment on agenda items, after the speaker has concluded their comment, the Chair and Members may ask the speaker questions for clarification or otherwise engage the speaker in discussion on the agenda item. All such responses to, and discussions with, members of the public shall be in accordance with the Brown Act and other applicable law.
The Body may also move to, and with a majority vote, limit the total time allocated to public input on an agenda item, provided the motion includes the objective rationale for limiting the time period for public 8 comment, is made prior to the beginning of public input on the agenda item, and is in accordance with all applicable law.
During the public comment period for both agenda, and non-agenda, items, the Chair shall ensure the opportunity for members of the public participating via a two-way telephonic service or a two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person. The Chair shall do so by alternating recognition, speaker-by-speaker, between (i) members of the public attending in person (with speakers who have submitted written speaking cards to be recognized first, followed by members of the public attending in person who have not submitted written speaking cards), on the one hand, and (ii) members of the public attending via a two-way telephonic service or a two-way audiovisual platform (e.g., Zoom), on the other hand..
For purposes of closed captioning and meeting minutes, public speakers should be asked by the Chair, but are not required, to state their name.
2.7 Order Of The Agenda
The Chair shall ensure their respective meeting follows the published agenda (See Model Agenda in Appendix A.)3
2.7.1 Opening the meeting; roll call; salute to the flag and invocation; and presentations, proclamations, announcements, and AB 1234 announcements are called up and executed at the direction of the Chair (presentations, proclamations, announcements and AB 1234 announcements are for the meetings of the City Council only). There are no motions, debate, or public comments.
2.7.2 Approval of the order of the agenda – The Chair shall ask the Body whether any Member seeks to change to the order of the agenda. If any Member responds in the affirmative, the Chair shall permit that Member to make a motion. The Chair may also request a change to the order of the agenda. If the motion receives a second, the Chair will then call the vote on the motion. There is no public comment on this item.
2.7.3 Blue folder items – The Chair shall ask the City Clerk, or City Clerk’s designee, to list the Blue Folder items. The Chair will then call for a motion to “receive and file” all Blue Folder items for the public record. The Chair will then call for a vote of the Body. There is no public comment to this item.
2.7.4 Consent Calendar – The Chair shall poll each Member of the Body on any items they want to “pull” (exclude) from the consent calendar. The Chair may pull any item as well. If a Member of the Body must recuse themself or abstain, or intends to vote against an item, the Member must pull the item for a separate vote. The Chair will then ask for a motion to approve all remaining items on consent calendar. Once the motion is made and seconded, the Mayor and Chair will open the floor for public comment on any of the non-excluded items. When public comment is complete, the Chair will call the vote on all remaining consent items. After the vote, the Chair will recognize the City Clerk, or City Clerk’s designee, to read any resolutions/ordinances into the public record.
2.7.5 Excluded Consent Calendar – The Chair shall announce the first excluded consent calendar item and offer the floor to the Member of the Body who first pulled the item. The process for each 3 Note that the model agenda is aligned with a City Council meeting and may be updated and tailored to each other Body or the order of the agenda as modified formally in the meeting. 9 excluded item shall otherwise follow the procedure for any normal agenda item. The Member of the Body may make a motion to bundle several excluded consent calendar items as a single item.
If seconded and approved by the majority, the items will then be treated as a single agenda item procedurally. The Chair shall repeat this process until all excluded items are addressed.
2.7.6 Public Participation on Non-Agenda Items - The Chair shall open the floor for public comments on items that are not otherwise on the agenda, but relate to matters within the jurisdiction of the respective Body. The Chair shall enforce 3-minute time limits on each speaker and a maximum of 30 minutes allowed for public comment on non-agenda items. Other rules on public participation are addressed separately in these Rules in Section 5.
For reference, Government Code section 54954.2(a)(3) of the Brown Act governs actions and discussions on non-agenda items and currently provides:
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff [1] may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their [2] own initiative or in response to questions posed by the public, a member of a legislative body or its staff [a] may ask a question for clarification, make a [b] brief announcement, or make a [c] brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, [d] may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
The public comment period on non-agenda items shall end at the earlier of thirty (30) minutes, or when no speakers remain.
2.7.7 Ex-parte Communications on Quasi-Judicial Public Hearings – If there are one or more public hearings, the Chair will poll each member of the Body on ex parte communications they have had with respect to each matter agendized for public hearing. The Chair and Members of the Body should disclose the following information regarding their ex parte communications:
Identify the hearing matter
Identify with whom the member communicated
The general content of the communication
The Chair and Members are cautioned to balance their communications where adversarial parties are involved, such as an appeal filed by a resident or project applicant. When acting in a quasi- judicial capacity, participants of the Body cannot have a personal conflict of interest, cannot have prejudged the facts and must remain free of prejudice against any of the parties. In other words, decisionmakers must be neutral and unbiased. There is no public comment on this item.
2.8 The Rules for the Conduct of Quasi-Judicial Public Hearings - Public hearings shall follow the same basic format as any other agenda item before the Body for action, except:
The Chair shall call for Members to make a motion to open the public hearing after announcing the agenda item. The Members will then vote to open the public hearing. 10 1. Appeals - If the Public Hearing is an appeal, it shall be conducted in accordance with the following sequence of steps:
a. Appeal by Appellant who is not the Proponent - The appeal was filed by appellant(s) who is/are not the proponent of the matter which is the subject of the hearing, i. Staff will make a presentation
ii. The proponent (unless the City is the proponent) may testify and present evidence for a maximum of 1 hour.
iii. Appellant(s)
1. If there is a single appellant, the appellant shall have a maximum of one hour to testify and present evidence.
2. If there are two appellants, each appellant shall have a maximum of 45 minutes each to testify and present evidence.
3. If there are three or more appellants, each appellant shall have a maximum of 30 minutes each to testify and present evidence. iv. Next, members of the public shall be given the opportunity to comment for up to 3 minutes each. Each speaker shall speak only once.
v. The Chair shall allow the proponent a maximum of 20 minutes times the number of appellants to testify and present evidence.
vi. Each appellant shall then be given the opportunity for rebuttal up to a maximum of 20 minutes each.
vii. The Chair shall then open the floor for the Members of the Body and the Chair to ask questions of staff, the proponent, and/or the appellant(s). During testimony, the Chair, Members of the Body, and staff should refrain from interrupting the speaker and hold all comments and questions until after the speaker completes their testimony, unless the speaker is straying off topic. viii. The Chair shall then call for a motion to close the public hearing. After this time no one but the Members of the Body, Chair, and staff may speak unless the public hearing is re-opened by a majority vote of the Members of the Body. ix. The Chair then opens the floor for the Members’ discussion and debate. x. The Members of the Body may reopen the public hearing by formal motion, second, and majority vote if needed to obtain additional information. The Chair may then call upon members of the public, including the appellant(s) and proponent to respond to questions from the Chair or any Member of the Body as recognized by the Chair. A public hearing shall be re-opened only when there is additional relevant evidence that was not presented during the scheduled opportunity for public testimony, or in the case in which the Chair or any 11 Member of the Body has a question that was not posed or answered before the public hearing was closed.
xi. The Chair calls for a motion. The process of motions and final vote follow the same process as other agenda items except that any motion to approve or deny the appeal shall include findings of fact upon which the final decision is based. b. Appeal by Proponent - If the appeal is made by the proponent of the project, i. Staff will make a presentation
ii. The proponent may testify and present evidence for a maximum of 1 hour.
During testimony, the Chair, Members of the Body, and staff should refrain from interrupting the speaker and hold all comments and questions until after in the speaker completes their testimony.
iii. After the proponent conclude(s), the members of the public shall be invited to comment for up to 3 minutes each and each speaker speaking only once. iv. Each proponent shall be given the opportunity for rebuttal of public comment for a maximum of 20 minutes.
v. The Chair will then open the floor to the Members of the Body and the Chair to ask questions of staff and/or the proponent. The Chair may also call upon members of the public, including the proponent, to respond to questions from the Chair or any Member of the Body, as recognized by the Chair. vi. The Chair shall then call for a motion to close the public hearing. After this time no one but the Members of the Body, Chair, and staff may speak, unless the public hearing is re-opened by a majority vote of the Members of the Body. vii. The Chair then opens the floor for the members’ discussion and debate. viii. The Members of the Body may reopen the public hearing by formal motion, second, and majority vote if needed to come to a final decision. The Chair may then call upon members of the public including the appellant(s) and proponent to respond to questions from the Chair or any Member of the Body as recognized by the Chair. A public hearing shall be re-opened only when there is additional relevant evidence that was not presented during the scheduled opportunity for public testimony, or in the case in which the Chair or any Member of the Body has a question that was not posed or answered before the public hearing was closed.
ix. The Chair calls for a motion. The process of motions and final vote follow the same process as other agenda items except that any motion to approve or deny the appeal shall include findings of fact upon which the final decision is based. 12 2.8 Rules Of Conduct For Public Hearings Other Than Appeals
1. After announcing the agenda item, the Chair shall call for a motion to open the public hearing.
2. Staff will make a presentation.
3. The proponent (if any) may testify and present evidence for a maximum of 30 minutes. During testimony, Members of the Body should refrain from interrupting the speaker and hold all comments and questions until after in the speaker completes their testimony.
4. Members of the public may comment for up to 3 minutes each, with each speaker only speaking once.
5. The Chair will then open the floor for the Members of the Body and the Chair to ask questions of staff and/or the proponent. The Chair may also call upon members of the public including the proponent to respond to questions from the Chair or any Member of the Body, as recognized by the Chair.
6. The Chair shall then call for a motion to close the public hearing. After this time no one but the Members of the Body, Chair, and staff may speak, unless the public hearing is re-opened by a majority vote of the Members of the Body.
7. The Chair then opens the floor for the Members’ discussion and debate.
8. The Members of the Body may reopen the public hearing by formal motion, second, and majority vote if needed to come to a final decision. The Chair may then call upon members of the public including the appellant(s) and proponent to respond to questions from the Chair or any Member of the Body as recognized by the Chair. A public hearing shall be re-opened only when there is additional relevant evidence that could not have been presented during the scheduled opportunity for public testimony.
9. The Chair calls for a motion. The process of motions and final vote follow the same process as other agenda items except that any motion to approve or deny the appeal shall include findings of fact upon which the final decision is based.
2.9 City Manager (Or Staff Liaison) Items - The Chair should give the City Manager (or staff liaison) the floor to publicly present any timely information they choose that is within the jurisdiction of the Body.
The Members of the Body may ask questions or make comments, but shall not deliberate the merits of the items brought up by the City Manager/staff liaison. There is no public participation in this item.
2.10 Referrals To Staff, Commissions, Or Sub-Committees And BRRS - The Mayor shall poll each Member of the City Council for any referrals for action by the City Manager (or staff) or by another Body, or by a subcommittee of the City Council, or for requests for Budget Response Reports (“BRR”).
For referrals, a Member must make a motion, which must then be seconded and passed by a majority of the Body present at the meeting.
A BRR is a budget-related inquiry by the Members of the City Council or Mayor concerning the fiscal impact and feasibility of current or proposed City programs, projects, or services. BRR’s do not require 13 a motion or a vote, but Members of the City Council and the Mayor should strive to be judicious with respect to BRRs and cognizant of the time required for City staff to prepare BRRs.
The Members of the City Council may also refer subjects and agenda items to a commission, committee, or board for consideration and action. Each such referral requires a second and majority vote to pass. There is no public comment on this item.
In the case of a Body other than the City Council, the Chair shall poll each Member for any referrals for action by a subcommittee, or agenda item subject to the powers and jurisdiction of that Body. A Body other than the City Council may not request a BRR. A Body other than the City Council may not make referrals to the City Manager (or staff) except as authorized by specific sections governing the respective commission or board.
2.11 Recesses - Agendas may include recessing to another board, agency or closed session. This requires a motion, second, and majority vote of the Body. Upon return to the agenda, the Chair shall call the meeting order, call for a roll call, and require any reporting from the board or closed session. The Chair shall then call the regular session back in order and ask for a roll call. There is no public comment on this agenda item, but there may be public comment as part of the board or agency meeting. A Member of the Body may call for a recess by motion at any time. A “motion to recess” when used to take a break from the meeting is covered separately under “Motions” in Section 4 of this document.
2.12 Adjournment - The Chair shall call for a motion to adjourn the meeting. The Members of the Body shall then make the motion, second and vote. The Members of the Body may, in its motion, adjourn in memory of an individual or to continue to another meeting. There is no public comment on adjournment.
2.13 Closed Sessions - If Closed Sessions are to be held, pursuant to the Brown Act (e.g., Government Code Sections 54956.7, 54956.8, 54956.9 and 54957) or as otherwise required under State law, they will be scheduled as an adjourned meeting prior to regular meeting and/or as the last item on the agenda prior to Adjournment. Closed sessions are unique to the City Council and are not held by commissions.
2.14 Length Of Meeting And Adjournment - The City Council policy is that meetings should end at a reasonable hour. At the discretion of the Mayor and any Member of the City Council, the issue of truncating the agenda at or about 10:00 PM for deliberation by the Body may be raised. The Mayor shall poll the members on which, if any, agenda items each would agree to continue to another meeting. If the Members of the Body support moving agenda items to a future meeting, the Mayor shall call for a motion that details which items will be continued to a future meeting. Public Participation on NonAgenda Items must be completed prior to adjourning the meeting.
SECTION 3. ROLE OF COMMISSIONS
As further specified in the Redondo Beach Municipal Code, including Title 2, Chapter 9, Article 1, Sections 2-9.100, et al., pertaining to Uniform Regulations of Commissions, the role of Commissions is to advise the City Council on matters under their purview, and for certain commissions, to conduct quasi-judicial hearings as defined in the Redondo Beach Municipal Code. The role of a commission does not include oversight of City operations, such as budget execution, unless specifically stated by ordinance or by direction of the City Council.
3.1 The Limited And Restricted Scope Of The Powers And Duties Of Commissions 14 As more specifically stated in Redondo Beach Municipal Code 2.9-111, the rights, powers, and duties of commissions and commissioners are restricted in scope.
Items for the commission agenda are generally generated from: a) special matters for consideration as directed by the City Council; b) regular matters for consideration pursuant to the commission's duties; c) regular matters for consideration consistent with the City Council's Strategic Plan and Annual Budget Work Program; and, d) new matters approved by the commission pursuant to a majority vote of said commission for consideration, but only as expressly allowed in the ordinance that governs that commission.
3.2 Staff Liaison
City staff members are assigned to act in a technical advisory capacity and to provide professional support to a committee/commission.
SECTION 4. MOTIONS
This section defines actions by the Members of the Body in the conduct of each agenda item. Generally, actions are initiated in the form of a motion.
4.1 Motions In General
Motions are a two-step process. The Chair invites motions and the Members of the Body make motions.
The Chair may initiate the motion process in one of three ways:
1. Inviting the Members of the Body to make a motion.
2. Suggesting a motion to the members of the body.
3. In the case of a Chair (other than the Mayor), making the motion.
Additionally, Members of the City Council may, and reserve the right to, make a motion without first being invited to do so by the Mayor, after being recognized and given the floor by the Mayor.
4.2 Types Of Motions On Agenda Items For Action
4.2.1 The Basic Motion: a Member of the Body puts forward a decision for the Body’s consideration. A motion moves forward for consideration if another Member of the body seconds the motion. For purposes of closed-captioning and meeting minutes, the Member who seconds the motion should be recognized by name at the time of seconding the motion.
4.2.2 The Motion To Amend (may also be called a “friendly amendment”): a Member of the Body requests a change to the motion on the floor. The amendment is added to the motion on the floor if the Members who made and seconded the motion, respectively, both agree to accept the amendment. If accepted, the motion as amended moves forward.
4.2.3 The Substitute Motion: a Member who wants a different motion to move forward can propose a “substitute motion.” If another Member of the Body seconds the substitute motion, the substitute motion moves forward, replacing the original motion or amended motion. Substitute motions are also subject to motions to amend.
15 A Member of the Body may propose a second substitute motion. If seconded, this substitute motion moves forward. The second substitute motion may be amended. No further substitute motions are allowed.
4.2.4 Motion To Reconsider: Any Member of the Body who voted for the approval of a successful motion, may make a “motion to reconsider” at any point during the same meeting in which the decision was made. This motion moves forward if it receives a “second” from any voting Member of the Body. If the motion receives a majority vote, then the issue is reopened as though no decision had been previously rendered. Public comment may be reopened by the Chair at their discretion.
4.3 Order Of Voting On Motions
The order of voting on motions shall be as follows:
1. A second substitute motion, if any, is voted on first.
2. If the second substitute motion, if any, fails to pass, the first substitute motion, if any, is voted on.
3. If the substitute motion, if any, fails to pass, the original motion is voted on.
4. If the original motion fails to pass, the Chair may call for a new motion, ask for a motion to continue the issue, or close the issue and move to the next agenda item.
In each case, the motions are voted upon as amended, if the motions were amended during deliberation.
In each case, the Chair shall not call the vote until public comment has been completed on the subject.
Public comment need not be reopened prior to each vote on substitute and original motions. After the motion and second, the Chair may allow further debate or call the vote.
4.4 Other Motions
4.4.1 Motion To Adjourn
A motion to adjourn, if passed, requires the Body to immediately adjourn to the next meeting. This motion shall not be valid unless Public Participation on Non-Agenda Items has already been completed.
4.4.2 Motion To Recess For A Break
A motion to recess shall specify the length of the recess. If passed, the meeting immediately goes into recess. Upon return from the recess, the Chair must call the meeting to order and request a roll call of Members present. The meeting shall resume at the same point before the recess. In the case of disorderly or disruptive conduct that impedes a meeting, the Chair may ask for, and a Member of the Body may make, a motion to recess.
4.4.3 Motion To Table
If passed, discussion on the current agenda item is placed “on hold.” The motion can include a time in which the item can come back to the Body. Otherwise, the item may be brought back at any subsequent meeting of the Body in which the item is properly agendized in advance.
4.4.4 Motion To Limit Debate/Call The Vote/Call The Question 16 A motion to limit debate/call the vote/call the question does not require a second. After the motion is made by any Member, the Chair shall poll the other Members as to whether they want any further discussion. If any Member wants to continue the discussion, then the Chair puts the motion to a vote, which shall require one vote more than the majority of the Members present to pass. The Chair may also “call the vote” or “call the question” at any time, but may be overridden by a majority of the Members present on a Member’s motion.
4.4.5 Nominations And Motion To Close Nomination
During an agenda item that requires nominations for a position and vote for the position, nominations may be made by any Member of the Body, including the Chair. No second is required for a nomination.
A motion to close nominations may be made by any Member of the body at any time. If seconded, this requires one vote more than the majority of the Members present to carry. The Chair will then conduct a vote on each nomination (the Mayor does not get a vote on this item, but a commission Chair does). If more than one nomination is made for a specific position, the nomination with more votes carries. In the case of a tie, the Mayor will cast the tie breaking vote for a City Council vote. If there is a tie on a commission vote, a coin supplied by the staff liaison would be flipped by the City Clerk or City Clerk’s designee to determine the winner. There is no public testimony on agenda items regarding nominations.
4.4.6 Motion to suspend the rules
Members of the City Council may move and vote to suspend the rules defined in this document. However, suspension of rules cannot circumvent Federal or state law, including the Brown Act, the Redondo Beach Municipal Code, or the City Charter. Suspension of the rules requires one vote more than the majority of the Members present to pass. For example, rules limiting the public to one comment on each agenda item may be “suspended” in a public workshop type forum.
4.5 Voting On Motions
At the discretion of the Chair, a verbal vote of “ayes” and “noes”, or a more formal “roll call” vote may be conducted. Unlike the roll call for attendance conducted by the City Clerk or City Clerk’s designee, the Chair conducts the roll call vote and shall announce the results of the vote to the public.
For items that require a simple majority of the City Council, a majority of the votes shall be the greater number of those actively participating in the vote. For example, if four Members of the City Council are in attendance, and one abstains, two vote in favor of the issue and one votes against the issue, the motion passes despite not having a majority of the members in attendance. The “abstain” vote is not counted in the determination of majority. Items that require four of the five Members of the City Council shall count members abstaining in the calculation, i.e., an “abstain” shall count as a vote against the motion in this case.
“Unless a greater number of votes is required by [the] Charter or by the laws of this State under which any action is taken by the City Council, the affirmative votes of at least three (3) members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money.”4
4 RB City Charter, § 9.10, Ordinances and resolutions.
17 For items that require a majority of a Body, other than the City Council, a majority of the votes shall be the greater number of those actively participating in the vote, including with respect to resolutions. “[A]t the demand of any member or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes to be taken on any question to be entered in the minutes of the meeting.”5
4.6 Mayoral Veto
Per the City Charter, Article 8, Section 8.4, the Mayor has the right to veto actions of the City Council, provided, however, that in the case of a resolution or ordinance, the Mayor’s veto must be submitted (a) in writing, expressing the Mayor’s reasons for the veto, and (b) within five (5) days of delivery to the office of the Mayor of the written resolution or ordinance. A veto on any other action of the City Council must be made within the meeting in which the City Council action occurred. In the case of an appeal, the Mayor may veto a vote on an appeal. If the Mayor vetoes an act of the City Council with respect to an appeal, the effect of the veto shall be as provided for in the Municipal Code section(s) that govern the appeal.
The City Council may override any Mayoral veto by four (4) affirmative votes.
4.7 Action On Non-Agendized Items Are Prohibited With Limited Exceptions Action on items or issues that are neither properly agendized nor publicly noticed pursuant the Brown Act are usually prohibited. The Brown Act does define limited exceptions to this prohibition. Action may be taken on a non-agendized item under the following circumstances:
1. The Members of the Body, by majority vote, determine that an emergency situation exists per Government Code Section 54956.5. The Chair or any Member of the Body may make a motion to find that an emergency situation exists. After a second, the Chair then conducts a roll call vote.
If a majority approves the motion, the topic may be deliberated and acted upon by the Body as any normal agendized item.
2. The Body, by a two-thirds majority of the total Body, or if the two-thirds of the Body is not present, a unanimous vote of the members in attendance, determine that there is a need to take immediate action and that the need for action came to the attention of the body after the agenda was posted. The Chair or any Member of the Body may make a motion to find that a need for immediate action exists. After a second, the Chair then conducts a roll call vote. If the affirmative votes meet the criteria, the topic may be deliberated and acted upon by the Body as any normal agendized item.
3. The item was properly agendized for a prior meeting of the Body that occurred within the previous five days and at that prior meeting was continued to the current meeting.
4. Emergency situation defined in Government Code Section 54956.5 The definition of “emergency situation” is as provided for Government Code section 54956.5. To the extent that any provisions of this section concerning the definition of “emergency situation” may conflict with applicable law, the latter shall control.
5 RB City Charter, § 9.9, Minutes.
18 “(a)For the purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity or other activity that severely impacts public health, safety, or both as determined by a majority of the members of the legislative body.
(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of members of the legislative body.”
4.8 Remote Participation Request Due To Emergency Circumstances All requests to attend a meeting of the Body remotely due to an emergency or otherwise, must comply with the Brown Act as it exists as of the time of the request. To the extent allowed under the Brown Act, where the timing of the request does not allow sufficient time to meet the public posting requirements of the Brown Act, the members of the Body physically present may approve such a request by majority vote. Any Member of the City Council may make a motion to allow the requesting member to participate remotely. After a second, the Mayor then conducts a roll call vote. An affirmative vote by the majority of the physically present members of the body allows the remote participation.
In the case of any conflict between this section and the Brown Act, the Brown Act shall prevail.
SECTION 5. RULES, REGULATIONS, GUIDELINES AND PROCEDURES RELATED TO PUBLIC PARTICIPATION IN PUBLIC MEETINGS.
5.1 Compliance with Federal and State laws
It is the policy of the City Council that all public participation in public meetings comply with Federal and State laws, including the Brown Act.
5.2 Public Participation on Non-Agenda Items
During the agenda item for “Public Participation on Non-Agenda Items,” the public may only speak on a matter:
1. Under the jurisdiction of the Body; and,
2. Not already agendized during the same meeting.
The Chair will recognize speakers by alternating, speaker-by-speaker, between (i) members of the public attending in person (with speakers who have submitted written speaking cards to be recognized first, followed by members of the public attending in person who have not submitted written speaking cards), on the one hand, and (ii) members of the public attending via Zoom on the other hand.
5.3 Public Participation On Agenda Items – For each agendized matter deliberated by the body, the Chair shall invite public comment at the appropriate time. Any member of the public may speak to the matter under discussion during this period, provided the comments address the agenda item and are not in violation of the Brown Act or these Rules. Each speaker shall be limited to three minutes on each agenda item.
19 With respect to all public comments, the Body shall comply with the Brown Act.
SECTION 6. PUBLIC PARTICIPANT RULES OF CONDUCT, DECORUM AND COURTESY
6.1 Public Participant Rules of Conduct, Decorum, and Courtesy The City Council recognizes and respects the right of freedom of speech. Rules of conduct and decorum must be observed so that attendees can be heard, and the Mayor, Chair and Members of the Body can conduct meetings, deliberate, and address items before the Body.
No person, other than City elected officials and staff, shall enter the non-public area of the Council Chambers (which is defined as the area of the dais (which includes the desks of the City elected officials and staff), the well of the dais (which includes the area immediately in front of, inside, and along the sides of, the dais), and the area in front of the podium), during, or immediately before or after, a meeting of the Body, without the consent of the Chair.
Any person or group that engages in disorderly or disruptive conduct that impedes a meeting may be asked to leave, or be removed, and consistent with these Rules, the Chair may clear the room and continue without an audience, or the Members of the Body may adjourn the meeting.
1. Speakers shall restrict their comments to the agenda item at issue, and in the case of public comment on non-agenda items, to matters under the jurisdiction of the Body that are not already agendized during the same meeting. Speakers should confine their remarks to those which are relevant to the subject under consideration. Speakers who do not follow these rules will be asked to cease, and if they do not comply, they will be ruled out of order on the grounds of relevancy and asked to leave the podium and possibly the meeting.
2. Comments should be addressed to the Body and not to other speakers or the audience.
3. Meeting attendees should act with dignity and respect and refrain from the use of profanity and obscenities in speech, on signs, and on clothing.
4. Meeting attendees should be seated, when seating is available, unless recognized by the Chair as a speaker or unless entering or leaving, or moving to and from a location within the Council Chambers in a manner that does not seek to intimidate other attendees or block views of the proceedings. Meeting attendees shall strive to remain quiet during the proceedings and shall not hold up placards or signs that block the views of other attendees. Attendees may show support or opposition by silently raising and waving both hands for support (as opposed to clapping or cheering) or showing a “thumbs down” in opposition (as opposed to booing).
5. Disruptive and/or disorderly actions and behaviors by members of the public that may result in removal from the meeting are those that actually disrupt, disturb, impede or render infeasible the orderly conduct of the meeting and include, but are not limited to:
a. Refusal to leave the podium after the allotted time is exceeded. b. Refusal to leave the podium after the Chair has determined that the comments are beyond the jurisdiction of the Body and/or do not pertain to the matter under consideration in an agenda item.
20 c. Blocking the view of other attendees by standing, occupying the aisles, or by holding up a sign or placard that blocks the views of other members of the public, or by other view obstruction.
d. Addressing the Body without being recognized by the Chair. e. Yelling, screaming, making loud or unusual noises, or interrupting a recognized speaker. f. Interfering with another attendees’ ability to participate. g. Intimidating or threatening behavior.
h. Refusal to heed a call to order.
i. Failure to cease and desist disruptions when requested by the Chair. j. Entering a non-public area of the Council Chambers without the permission of the Chair. k. Failure to leave Council Chambers upon being ejected by the Chair for violation of the Rules of Conduct.
l. Failure to clear the City Council Chamber upon order of the Body pursuant to Government Code Section 54957.9 or other applicable law.
m. Use of “Hate Speech” (i.e., verbal or written statements whose sole purpose is to attack, demean, and denigrate an individual or group based on race, religion, sexual orientation, ethnicity, nationality, or disability) that disrupts the meeting.
SECTION 7. ENFORCEMENT OF THESE RULES AND PUBLIC CONDUCT The Presiding Officer shall enforce these Rules. The Chief of the Police, or designated representative, shall be the sergeant-at-arms of the respective Body’s public meetings.
Any Member may move to, and by majority vote, (i) require the Presiding Officer to enforce the Rules, and/or (ii) overturn a ruling of the Presiding Officer concerning the interpretation and enforcement of the Rules, and the Presiding Officer must call for a roll call vote on any such motions.
In the event the Presiding Officer determines that any individual, or group of individuals, is engaging in disorderly or disruptive conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of a meeting, the Presiding Officer or their designee may remove, or cause the removal of said individual or group.
Prior to removing an individual, the Presiding Officer or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
The Presiding Officer or their designee may then remove the individual if they do not promptly cease their disruptive behavior. No such warning is required in the event said individual is engaging in behavior that constitutes use of force or a true threat of force.
Any motion by a Member to overturn the decision of the Presiding Officer to remove an individual shall be made only after the removal is completed.
21 In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Chair may order the meeting room cleared and continue in session.
In the event of the clearing of the meeting room, the Members may make a motion to readmit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Individuals or groups participating via a two-way telephonic service or a two-way audiovisual platform in a meeting who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting may be silenced or removed from the meeting by the City Clerk or the City Clerk’s designee at the direction of the Presiding Officer, pursuant to the same procedures noted above for individuals appearing in person at the meeting.
The public, Presiding Officer and Body shall be mindful of the following sanctions which may be applied in appropriate circumstances:
Penal Code Section 403:
Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code and Section 18340 of the Elections Code, is guilty of a misdemeanor.
7.1 Scripts Dealing With Meeting Disruptions
Appendix B includes the approved scripts that shall be used when required to address disruptions by members of the public during a public meeting.
SECTION 8. COURTESY, DECORUM, AND PERSONAL CONDUCT OF CITY COUNCIL AND COUNCIL
APPOINTED MEMBERS OF CITY BODIES
It is the policy of the City Council that the Mayor and Members maintain common courtesy and decorum as they conduct City business.
The Mayor and Members shall comply with California law and Redondo Beach City Charter, Redondo Beach Municipal Code, Resolutions, and Policies in the execution of their duties.
The Mayor and Members must comply with state and local laws, the Municipal Code, ordinances, and applicable sections of the City Charter while acting in the capacity of their elected and/or appointed positions. This includes, but is not limited to, the Brown Act.
The Mayor and Members shall avoid conflicts of interest. The Government Code provides that "No public official at any level of state or local government shall make, participate in making, or in any way attempt to use an official position to influence a governmental decision in which there is a financial interest." The Political Reform Act requires cities to adopt a conflict of interests code listing those commissions, which are involved in the "making, or participate in the making, of decisions, which may foreseeably have a material effect on any financial interest." At this time, the City's conflict of interest code (Resolution No. 8037) requires certain commissioners, the Mayor and all Council Members to file disclosure statements (Form 700).
22 Any person who has a doubt as to whether or not there is a financial interest in any decision before the commission may contact the Fair Political Practices Commission ([email protected]) prior to the time required to make the decision.
8.1 Acting Professional, Respectful, and Appropriate Within Official Capacity When acting in an official capacity, for example, participating in a public meeting, the Mayor and Members should strive to:
1. Conduct themselves in a professional and appropriate manner;
2. Be respectful of others, including fellow participants, the public, and City Staff;
3. Avoid unnecessary and abusive conduct, or personal attacks, and instead, address the merits of issues presented;
4. Listen courteously to opinions and consider alternative perspectives and work collaboratively to achieve goals;
5. Respectfully and constructively resolve disagreements;
6. Refrain from interrupting one another;
7. Allow the public speaker who has the floor to finish before commenting, unless required of the Chair or Members, to maintain control of the meeting;
8. Avoid interrupting a presentation, unless needed to ask a question, refocus the presentation, or for efficiency (generally questions and comments should wait until the presenter relinquishes the floor).
8.2 Members Should Wait To Be Recognized By The Chair
In order to maintain order, Members requesting to speak should generally wait until the Chair gives them the floor. For purposes of closed-captioning and meeting minutes, the Chair should recognize the Member by name.
8.3 Members, The Mayor, And The Chair Should Be Prepared To Act On The Merits Of The Decision At Hand
Members, the Mayor, and the Chair are expected to:
Adequately prepare for each meeting;
Base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations;
Act in the best interests of the community; and
Maintain an open mind until the conclusion of the hearing on the matter at hand and base decisions on the facts presented at the hearing and the law.
8.4 Members, The Mayor, And The Chair Should Promote Transparency And Accountability Members, the Mayor, and the Chair are expected to:
23 Promote open and transparent government;
Use city resources responsibly and only for official duties; Follow the Brown Act.
8.5 Members, The Mayor, And The Chair Shall Protect Confidential Information Members, the Mayor, and the Chair may, at times, have insight of, and access to, confidential or privileged information. Members, the Mayor, and the Chair must refrain from improperly revealing this information to those who are not authorized for access to the information, and refrain from using the information for personal or political gain.
8.6 Members, The Mayor, And The Chair Should Be Mindful In Their Dealings Outside The Meetings The positions filled by the Mayor, Chair, and Members are for public service. The Mayor, Chair, and Members should act accordingly in their capacity as such by striving to continue to treat others with due dignity and respect in their interactions inside and outside the venue of the public meetings, including in person interactions and on social media and other forms of communication. Disrespectful and rude interactions may reflect poorly on the Body on which a person serves, the City Council, and the City.
Additionally, the Mayor, Chair and Members should remain vigilant to ensure avoidance of Brown Act violations.
8.7 Members, The Mayor, And The Chair Shall Not Misrepresent Or Abuse Their Position Or Use It For Personal Gain
Members, the Mayor, and the Chair should not misrepresent or abuse their position or title, or use it to intimidate for personal gain.
8.8 The Mayor, Chair, And Members Are Expected To Follow The Same Rules Of Courtesy And Decorum As The Public
The Mayor, Chair, and Members are expected to abide by the Public Participant Rules of Conduct, Decorum, and Courtesy provided in Section 6.
8.9 Use Of Electronic Devices During Meetings
8.9.1 Silencing devices and limiting use
During public meetings, Members, the Mayor, and the Chair should set their personal electronic devices to silent or vibrate mode and be cognizant of the restrictions and requirements of the Brown Act with respect to use of said devices.
8.10 Prohibitions During Quasi-Judicial Hearings
When a board or commission hears matters related to discretionary land use permits (conditional use permits, variances, development permits, etc.) and appeals, these are quasi-judicial hearings subject to due process requirements, which require the board or commission to be fair and impartial. Public hearings are conducted as an open, public process. In order to provide a fair public hearing, board and commission members and appointed officials are required to make their decisions based only on evidence 24 "in the record" and cannot rely on evidence or information obtained outside the record that is not presented at the public hearing. Board and commission members should avoid any appearance of impropriety or inattentiveness. Communicating either directly or through social media with other Members of the Body or with any other person regarding a public hearing item during the hearing should be avoided.
8.11 Attendance
8.11.1 Mayor and City Council Attendance
The Mayor and Members of the City Council are expected to attend all regularly scheduled meetings, and in the event of an expected absence, to inform the Presiding Officer and Staff Liaison and City Clerk ahead of time.
8.11.2 Commissioner Attendance
Commissioners are expected to attend all regularly scheduled meetings. A commissioner should coordinate in writing with the City Clerk, the Chair and the staff liaison in advance for an excused absence from any meeting. If the commissioner’s absence was due to an unforeseen circumstance, the commissioner shall communicate with the City Clerk, the Chair, and the staff liaison as soon as reasonable.
As provided for in the Redondo Beach Municipal Code, in the following instances a board or commissioner’s position shall become vacant and so declared by the City Council if the board member of commissioner:
Is absent from three regular meetings of such board or commission during any 12 month period of time after October 1, 2025. For the purposes of determining absences, a board or commission member shall not be deemed absent if a meeting is canceled, unless the board or commission member's absence was the cause of the meeting's cancelation due to lack of quorum.
8.12 Mayor And Members Will Perform All Required Training In A Timely Manner All Members shall comply with mandatory training requirements set by the State, City, or by City Council.
This includes but is not limited to:
Ethics training
Cyber security training
Commission Orientation (in the case of Commissioners) Commissioners who fail to complete any training in a timely manner may be removed by the City Council pursuant to RBMC § 2-9.109, Removal of members.
8.13 Commissioners And Commission Chairs Should Stay Within The Role And Scope Of The Board/Commission
Commissioners and commission Chairs are responsible to understand the role of the commission.
Commissions are all established to advise the City Council. Some commissions may also serve in quasijudicial roles as clearly defined in the Redondo Beach Municipal Code. Commissioners and Chairs are expected to comply with the limitations of their jurisdiction and role. Staff liaisons will also advise 25 commissions if they are exceeding their scope and role. Any disagreement between staff liaisons and commissioners related to scope of duties and authorities shall be adjudicated by the City Council as necessary. Repeated issues may require action by the Mayor and City Council, including potential removal pursuant to RBMC § 2-9.109, Removal of members.
8.14 Commissioners Serve At The Will Of The City Council Commissioners serve at the will of the City Council. Pursuant to RBMC § 2-9.109, the members of each board and commission may be removed from office by a vote of the majority of all Members of the Council.
SECTION 9. MEETING PARTICIPATION VIA TELECONFERENCE UNDER PROVISIONS OF THE BROWN ACT
AND CITY CHARTER, AND PROCEDURES FOR DISRUPTION OF TELEPHONIC OR INTERNET SERVICE
9.1 Remote Participation for City Council Meetings
The City Council has adopted the use of teleconferencing for the benefit of the public and the City Council in connection with any meeting or proceeding authorized by law.
The teleconferenced meeting or proceeding shall comply with all applicable requirements of the City Charter, the Brown Act, and other applicable laws.
The City Charter provides that “[t]hree (3) members of the City Council shall constitute a quorum to do business”6 and “[a]ll meetings shall be convened in the Council Chamber of the City Hall.”7 Therefore, pursuant to these teleconferencing rules, at least a quorum of the City Council (i.e., three (3) members) must participate in any City Council meeting or proceeding in person in the Council Chamber. Thus, only two members of the City Council and the Mayor may participate in meetings at remote location(s) under normal or regular (non-emergency) circumstances. Public access and participation must also be accommodated by the Council Member or Mayor at the remote location.
1. First-come, first-served basis - the first two Council members to notify the City Clerk shall be given priority and may participate in City Council meetings virtually/remotely, either by cell phone and/or Zoom teleconference with City Council approval.
a. Priority shall be given to requests for virtual/remote participation for medical reasons. b. The number of virtual/remote attendances per attendee shall be limited to seven (7) meetings per year per Council Member and Mayor, subject to any further limitations under the Brown Act or law.
2. Notification shall be delivered to the City Clerk ([email protected]) and Mayor via email by each Wednesday at 5:00 p.m. preceding each published Tuesday City Council meeting agenda, and shall include the following information.
a. Name and address of remote location or hotel (by law, this information will be included on the posted Agenda); and
b. Cell phone number of Council or Mayor participant.
6 RB City Charter, § 9.6, Quorum.
7 RB City Charter, 9.4, Place of Meetings.
26 3. Posting of Agenda: The Council Member or Mayor shall, no later than the start of the meeting, or as otherwise required by law, cause the City Council Agenda to be posted at the door of the room, conference room, or front door of residence where the Council Member or Mayor will virtually/remotely participate in the meeting.
a. Proof of Posting: The Council Member and/or Mayor shall announce at the City Council meeting that, prior to the start of the meeting (or as otherwise required by law), the agenda was posted at the remote location.
4. Costs: If arranged by the Council Member and/or Mayor, the cost for the use of a hotel conference room shall be paid from Mayor and Council travel budget. (Hotel staff/concierge may post Council Agenda at a publicly accessible location.)
5. Computer on Loan – Upon the request of the Council Member or Mayor, the City IT Department may loan a laptop computer for their use at remote locations.
These Rules only apply to City Council meetings, and prohibit teleconferencing by members of City Commissions, Committees, and Boards at their respective meetings.
9.2 Procedures For Disruption of Telephonic or Internet Service Pursuant to, and to the extent required by, the Brown Act, the following procedures for disruptions of telephonic or internet service shall apply to the meetings of a Body.
1. PURPOSE AND SCOPE
Senate Bill 707 (SB 707) (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy that addresses how the agency will respond when there are disruptions in telephonic or internet service that prevents members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.
This policy sets forth clear procedures and expectations for addressing technological disruptions in telephonic or internet services that provide two-way remote public access to all legislative bodies, City Council and commission meetings, as required by the Brown Act (Gov. Code § 54953.4). This policy affirms the City’s commitment to maintaining transparency, accessibility, and continuity of government during technology disruptions.
2. GENERAL INFORMATION
Definitions:
“Disruption” is defined as any failure, outage, or other interruption of the City’s telephonic or internet service that prevents the public from attending or observing a meeting through the City's remote access services.
“Remote access services” is defined as the two-way telephonic service and/or two-way audiovisual online platform used to provide real – time remote public attendance and observation of meetings.
3. APPLICABILITY:
27 This policy pertains to all open and public meetings of the City Council, Commissions, or other Body, at which remote public participation is offered or required under the Brown Act.
4. PROCEDURES
In the event of a service disruption during public meetings:
a. Response to Service Disruptions:
If the Presiding Officer or City Clerk or designee becomes aware of a disruption to the agency’s remote access services that prevents the public from attending or observing the meeting remotely:
i. The Presiding Officer or Clerk or designee should promptly announce the disruption to the public;
ii. The Presiding Officer or Clerk or designee may then call a recess of the open session or convene in closed session, in accordance with the Brown Act; iii. Staff should begin efforts to identify and restore the disrupted service; and iv. The meeting shall remain in recess for at least one hour or until the service is restored, whichever occurs first. The recess may be extended if restoration efforts are ongoing.
b. Efforts to Restore Service: Staff shall make good faith efforts to restore remote access services, which may include:
i. Troubleshooting teleconferencing platforms or software ii. Resetting or replacing audiovisual equipment
iii. Attempting alternative connection methods
iv. Contacting appropriate support staff or service providers v. Using back- up equipment or platforms, if available
The Clerk or designee should document the restoration efforts undertaken. c. Reconvening the Open Session:
Timing: The open session may be reconvened after at least one hour of time has passed from the time of disruption or as soon as service has been restored, whichever occurs first.
If service has been restored: If the remote access service is restored before or at the time the meeting reconvenes, the meeting will continue as normal.
If service is not/cannot be restored: If service has not been restored after one hour, the City Council or Commission may reconvene and:
i. Adjourn the meeting: or
ii. Continue the meeting in open session by adopting, by roll call vote, the following, or a similar, finding:
28 “This Body has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the Body may continue the open session even though remote access services have not been restored.
d. Documentation: The City Clerk or designee must enter a brief statement into the meeting minutes which includes the following:
i. The nature and time of the disruption
ii. Restoration efforts undertaken
iii. The time the meeting was reconvened (if applicable) iv. Any finding adopted pursuant to section 4.3.3 (2)
This documentation should be retained in accordance with the City’s record retention policies.
5. EXCEPTIONS
This policy may be amended by the City Council only at a noticed public meeting during open session as a discussion item, not on the consent calendar.
APPENDIX A – Model Agenda for City Council meetings
This appendix includes a model agenda for City Council meetings. This model will be tailored for each Commission.