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11/19/2012 ATTACHMENT A 4. Hearin�s involvin� vested rishts. Vested rights involve an established property interest such as revocation of a use permit. Here,the City Council's need for discourse with the public outside of a noticed meeting is less significant because the Council is not considering granting a benefit and instead is contemplating a modification or loss of an existing property interest. In this case, the City Council strongly discourages ex parte communications but to the extent such communication occurs, they should disclose this information. E. Tentative Opinions Not Preiudgment. While Council members sometimes express tentative opinions on various projects pending before them the expression of such opinions assists interested persons and the public to address the concerns expressed and makes for a robust and far-ranging exploration of the issues raised by a project,the final decision is nonetheless based upon the entire record, after all evidence and testimony has been considered, and such tentative opinions are a necessary part of the review process and do not constitute prejudgment of the project. F. Procedural Protections. Nothing in these procedures shall be construed as limiting any procedural protections that a party of the public may be entitled to by law over and above the protections of these guidelines, based upon the facts of any particular proceeding. G. Written Findings. On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the direction provided by the Council. H. Absence. A Council Member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched or listened to a video broadcast, or recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and states for the record before voting that the Council Member deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing. I. Submission of Written Materials to Council. 1. Documents, comments and information may be provided to the City Council in writing subject to the following provisions: a) Written documents, comments or information may be mailed to the City Clerk or delivered to the City Clerk. ATTY/DOCS-POLOCIES/10-23-12 PT REV CITY COUNCIL RULES OF PROCEDURE CLEAN.DOC REV:10-24-12 PT Page 9 of 11 RESO.#15231 MUFF#205