R-9614
F:\CMANAG ER\Staff Reports\Council-Rules(200 1) .doc
City Council Meeting: JanuarY 23, 2001
Santa Monica, CA
RESOLUTION NUMBER 9614 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8525 (CCS)
TO AMEND THE RULES OF ORDER AND PROCEDURE
FOR THE CONDUCT OF CITY COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby
established as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules, the City Charter, the Municipal
Code, or applicable provisions of state law, the procedures of the City Council shaH be
governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or anyone thereof, may be suspended by a vote of two-
thirds (2/3) of the Councilmembers present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the
City Council establishes the second and fourth Tuesday of each month as the days for
holding regular meetings of the City Council. The regular meeting shall commence at
5: 15 p.m. for Closed Session, Consent Calendar, or Study Session. Consideration of all
other agenda items will begin by 6:45 p.m. If any such Tuesday tails on any day
designated by law or by the City Council as a day for public feast, Thanksgiving, or
holiday, such regular meeting shall be held on the date of the regular meeting next
following said Tuesday at the hour heretofore fixed or at such other day as may be
fixed. The City Council Chamber in City Hall is established as the place for holding its
regular meetings.
RULE 3. QUORUM.
In accordance with Section 614 of the Santa Monica City Charter, four
Councilmembers shall constitute a quorum for the transaction of business. Except as
otherwise provided in the Charter, or other law, or these rules, action shall be taken by a
majority vote of the entire membership of the City Council.
Whenever any Councilmember questions the presence of a quorum, the
presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember
shall respond when his or her name is called, and the Clerk shall announce the result.
Such proceedings shall be without debate, but no Councilmember who is speaking may
be interrupted by a question as to the presence of a quorum.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED
SESSIONS.
As required by the Ralph M. Brown Act (the "Brown Act"), California Government
Code Sections 54950, et sea., all regular, adjourned regular and special meetings of the
City Council shall be public; provided, however. the City Council may meet in a Closed
Session from which the public is excluded, for those purposes authorized by the Brown
Act.
No Councilmember, employee of the City, or any other person present during a
Closed Session of the City Council shall disclose to any person the content or
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substance of any communication which took place during the Closed Session unless
the City Council specifically authorizes the disclosure by majority vote, or unless the
disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager
as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in
the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to
Councilmembers on the Thursday preceding the Tuesday City Council meeting to which
it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within
the City Council's jurisdiction be placed upon the Agenda. Councilmembers should
endeavor to submit agenda items by 3:00 p.m. on Thursday in order to ensure that
matters will be agendized for the following Tuesday. Subject to Brown Act
requirements, items submitted after 3:00 p.m. Thursday will be agendized for the
following Tuesday if possible.
(d) The City Clerk shall post the Agenda as required by the Brown Act.
Copies of the Agenda shall be posted in the City Clerk's office and in the lobby of the
Police Department. The City Clerk shall maintain on file in his or her office declarations
establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda
unless the item is added to the Agenda in the manner required by the Brown Act.
(f) Matters directed to be placed on the Agenda at the direction of
Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk.
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(g) Written requests'to the City Council shall be received and open~d by the
City Clerk and referred to the City Manager or his or her designee and either shall be
transmitted to the appropriate board, commission or staff member or shall be placed on
the Agenda if City Council consideration is deemed appropriate by the Mayor or City
Manager. Written requests being agendized shall be scheduled for Council
consideration at the earliest convenient meeting, taking into consideration the length
and content of meeting agendas. Members of the public submitting written requests
shall be advised of how their request is being handled. Councilmembers shall receive
copies of those written requests which are not agendized. Agendized communications
shall be listed on the Agenda in order of receipt. No communication shall be placed on
an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any
elective office.
(4) Is primarily an advertisement or promotion or has as a substantial
purpose the advancement of any cause the major benefit of which is private and not
public.
Members of the public submitting written requests to the Council are encouraged
to limit their submissions to one per meeting.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner
specified below. The order may be changed by a majority vote of those present.
The following is the order of business for items to be heard beginning at 5:15 p.m.:
(a) Call to Order.
(b) Salute to the Flag.
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(c) Roll Call.
(d) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolutions which do not necessitate a separate public hearing and which are
determined in the Agenda preparation process to be relatively non-controversial.
Ordinances for second reading and adoption may be placed on the consent calendar if
all members of the City Council were present when the vote for first reading and
introduction took place and this vote was unanimous. The consent calendar shall be
considered as one item regardless of the number of matters appearing on it and may be
approved by a single vote. The title to the individual consent items need not be read
unless a request to do so is made by any Councilmember. Members of the public shall
have no more than one opportunity to address the City Council concerning any and all
items on the consent calendar. Members of the public shall be heard prior to City
Council consideration of the consent calendar. Councilmembers may request to have
individual matters removed from the consent calendar so that they may be heard on
those matters. All matters remaining on the consent calendar may be approved by a
single vote. Any items removed from the consent calendar shall be considered
separately in the order of their appearance on the Agenda. Removed items may be
heard immediately following the consent calendar or may be heard after the City
Council concludes Closed Session or Study Session.
(e) Study Session or Closed Session. During Study Sessions staff will present
information regarding a complex matter that will be subject to Council deliberation and
decisions in the future. No Council action will be recommended or taken as part of the
Study Session. A Closed Session may be held at any time deemed necessary.
The following is the order of business for items to be heard beginning at 6:45 p.m.:
(a) Inspiration.
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(b) Special Ceremonial Agenda Items. This item includes proclamations.
commendations, introductions of special guests, special meetings, and presentations
and reports by other non-City public entities or legislative bodies.
(c) Removed Consent Calendar Items. Each item will be considered
separately in the order of their appearance on the Agenda. Since members of the public
were given the opportunity to comment on any and all items on the consent calendar
earlier in the agenda. no additional public comment on these items will be heard.
(d) Continued Items. This item includes agendized items of a previous City
Council meeting not considered at such meeting. The City Council may vote by a
majority of its members to have a carry-over item placed on a subsequent agenda as a
continued item.
(e) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi-judicial decision concerning an individual application or
appeal.
(f) Ordinances.
(1) Introduction and First Reading.
(2) Second Reading and Adoption. No public discussion is permitted on
second readings.
(g) Staff Administrative Items. This category will include policy matters to be
considered by the City Councilor at joint meetings of the City Council, Parking
Authority, Housing Authority, the Public Financing Authority and/or Redevelopment
Agency.
(h) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(i) Reports of Boards and Commissions. Boards and commissions which
may present reports under this item include, but are not limited to, all City boards and
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commissions and the boards of the Pier Restoration Corporation and the Bayside
District Corporation.
m Resoiutions. A resolution wiii be considered under this item only if its
substance makes extensive public input advisable, or if it should be considered after
another item on the Agenda; otherwise the resolution will ,be considered on the Consent
Calendar.
(k) Written Communication
(I) Councilmember Discussion Items.
(mj Pubiic input. This item aiiows members of the public to address the City
Council on matters that are within the Council's subject matter jurisdiction. No formal
action may be taken on any matter under this item unless the item is specifically
agendized.
RULE 7. PREPARATION OF MINUTES.
The City CierK shall have exciusive responsibiiity for preparation of the Minutes,
and any directions for corrections in the Minutes shaii be made only by majority vote of
the City Council.
RULE 8. APPROVAL OF MiNUTES.
Minutes of a City Council meeting may be approved without reading if the City
Clerk has previously furnished each Councilmember with a copy and unless a reading is
ordered by a majority vote of the Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at ail meetings of the City Council. in
the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of
both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to
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order and a temporary Presiding Officer shall be elected by the Councilmembers
present to serve until the arrival of the Mayor or Mayor Pro Tempore or until
adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Particioation. The Presiding Officer may move, second, and debate from
the chair, subject only to such limitations of debate as are imposed upon
Councilmembers by these rules, and shall not be deprived of any of the rights or
privileges of a Council member by reason of his or her acting as the Presiding Officer.
(b) Duties. The Presiding Officer shall: (1) preserve order at all meetings of
the City Council; (2) state (or cause to be stated) each question coming before the City
Council; (3) announce the decisions of the City Council on all subjects; and (4) decide
all questions of order subject to the right to appeal rulings on questions of order to the
entire City Council.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council
on any matter shall be sworn. On receipt of such a request, all proceedings shall be
suspended and the City Council will immediately vote on whether the individual should
be sworn. A majority vote of the Councilmembers present shall determine whether the
speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City
Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Gettina the Floor. A Councilmember desiring to speak shall gain
recognition by the Presiding Officer.
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(b) Questions to Staff. Every Counciimember desiring to question City staff
shail address his or her questions to the City Manager, the City Attorney, the City Clerk.
or designated staff. Members of the City staff, after recognition by the Presiding Officer,
shall hold the floor until completion of their remarks or until recognition is withdrawn by
the Presiding Officer.
(c) Interruptions. A Councilmember who has the iioor shail not be interrupted
when speaking uniess he or she is caiied to order by the Presiding Officer, a point of
order or a personai priviiege is raised by another Councilmember, or the speaker
chooses to yield to a question by another Councilmember. If a Councilmember is called
to order, he or she shall cease speaking until the question of order is determined.
(d) Points of Order. The Presiding Officer shall determine all points of order
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appeal and the question of order.
(e) Point of Personal Privileae. The right of a Councilmember to address the
City Council on a question of personal privilege shall be limited to cases in which the
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or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking
last on the matter after all other Councilmembers have been given an opportunity to
speak.
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time and shall be debatable. A motion by a non-prevailing Councilmember or a request
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by a member of the public for reconsideration may be made only if one year has passed
since the action was taken.
(h) Callina for the Question. Neither the moving party nor the party seconding
any motion is allowed to call for the question.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the
subject under debate. No Councilmember shall be allowed to speak more than once
upon any particular subject until every other Councilmember desiring to do so has
spoken, Prior to beginning deliberation, the Council may, by a two-thirds vote of those
present, limit the amount of time that each Councilmember may spend stating his or her
views on a particular agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or her
opposition to any action of the City Council entered in the Minutes. Such opposition
shall be made in the following manner: "I would like the Minutes to reflect that I oppose
this action for the following reasons . . . lO
RULE 14. PUBLIC TESTIMONY.
(a) Pursuant to the Brown Act, public testimony is permitted on all agenda
items, except ordinances for second reading, and the public shall have an opportunity to
comment on any matter which is not on the Agenda but is within the Council's
jurisdiction. However, members of the public do not have the right to give testimony
outside the scope of or unrelated to the agenda item under consideration. Additionally,
members of the public should strive to avoid unduly reiterating their own or others'
testimony.
(b) Reaistration. Any member of the public wishing to address the City
Council regarding any item on the Agenda for public discussion shall register with the
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City Clerk prior to the start of the meeting, if possible, but no later than prior to the public
hearing on that item. Any request received after the start of the hearing shall be
considered late and may only be heard with Council approval.
(c) Manner of Addressino the City Council. After being recognized by the
Presiding Officer, each member of the public addressing the City Council shall go to the
podium, state his or her name, and whom he or she is representing, if he or she
represents an organization or other person. Each member of the public is encouraged,
but not required, to also state his or her address, neighborhood, or city of residence. All
remarks shall be addressed to the City Council as a whole and not to any individual
member thereof. After a public hearing has been closed, no member of the public shall
address the City Council on the matter under consideration without first securing
Council approval.
(d) General Time Limits. Except on Written Communication, members of the
public shall limit their remarks to three minutes per agenda item unless the City Council
grants additional time by majority vote. For purposes of these Rules, the consent
calendar shall be considered one item. On Written Communication, those speaking on
another's item shall have one minute which may be taken during the Written
Communication if the person raising the matter appears and testifies. If the person who
raises the item does not appear and testify, the matter shall be received and filed and
persons wishing to speak on the matter may give their testimony during Public Input. A
member of the public wishing to speak on more than one item shall limit his or her
remarks to a total of six minutes per meeting unless the Council grants additional time
by majority vote. A member of the public may allocate time between items in one
minute increments up to three minutes. Testimony given as an applicant or appellant
does not count toward the six minute maximum. A Board or Commission member
reporting to the City Council on behalf of a Board or Commission shall not be subject to
these rules on time limits; however, Council may limit the duration of such reports.
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(e) Special Time Limits for Lenothv MeetinQs. If fifteen or more members of
the public wish to speak on one item, or if forty or more members of the public wish to
speak on any combination of items, each speaker's remarks on any Agenda item shall
be limited to no more than two minutes.
(f) Special Time Limits for Applicants and Appellants. Applicants and
appellants on administrative items shall limit their remarks to ten minutes and may
reserve some of their time for use for rebuttal at the conclusion of the public hearing.
The appellant shall have the opportunity to address the City Council last.
RULE 15. RULES OF CONDUCT.
When the City Council is in session, all persons present must preserve order.
Members of the public should sit in the seats provided, unless addressing the Councilor
entering or leaving the Council Chambers, should not block the aisles with personal
belongings and should not bring audible equipment into the Council Chambers including
cellular telephones or pagers.
Any person who disrupts the meeting shall be called to order by the Presiding
Officer. If such conduct continues, the Presiding Officer may request the Sergeant at
Arms to remove the person from Council chambers.
The Chief of Police or such member or members of the Police Department as he
or she may designate, shall be Sergeant At Arms of the City Council and shall carry out
all orders given by the Presiding Officer through the City Manager for the purpose of
maintaining order at City Council meetings. Any Councilmember may move to require
the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the
City Council shall require him or her to do so.
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RULE 16. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots.
RULE 17. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of a
conflict of interest. A Council member who abstains from voting consents to the decision
made by the voting Council members.
RULE 18. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the
members by casting their votes electronically and by answering .Ves' for an affirmative
vote or "No" for a negative vote upon his or her name being called by the City Clerk.
Voting order shall be based on seating order with each roll call vote beginning at
alternating ends of the dais and the Mayor voting last.
RULE 19. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified frpm voting on a particular matter by
reason of a conflict of interest shall publicly state or have the Presiding Officer state the
nature of such disqualification and shall leave the dais prior to Council consideration of
the matter. A Councilmember stating such disqualification shall not be counted as part
of a quorum and shall be considered absent for the purpose of determining the outcome
of any vote on such matter.
RULE 20. TIE VOTE.
Tie votes shall be lost motions.
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RULE 21. CHANGiNG VOTE.
The vote of a Counciimember may be changed only if he or she makes a timely
request to do so immediately following the announcement of the vote by the City Clerk
or the presiding officer and prior to the time that the next item in the order of business is
taken up.
RULE 22. PROCEDURE ON AGENDA iTEMS REQUiRiNG A MOTiON.
The foiiowing procedure shaii be foiiowed in connection with any Agenda item
requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Counciimembers question City staff.
(d) Councii conducts Pubiic hearing.
(e) Council deiiberaies.
(f) A Councilmember makes a motion, another Councilmember seconds the
motion, and the Council debates it, with the maker of the motion having the opportunity
to speak last.
(g) The Presiding Officer or City Cierk restates the motion.
(h) The Council votes on the motion.
(i) The Presiding Officer or City Cierk announces resuit.
RULE 23. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their
authorized representatives, shaii attend and be present during aii City Councii meetings
and give necessary service and advice.
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RULE 24. ADJOURNMENT.
Unless otherwise determined by a majority vote of those Councilmembers
present, all City Council meetings shall adjourn at 11 :00 p.m., or as soon thereafter as
the requirements of state law governing public comment are fulfilled.
RULE 25. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded by tape recorder. The
recording shall be made by the City Clerk and retained in accordance with the City's
record retention schedule. The use of other recording or television equipment is
permitted so long as it is not disruptive of the meeting.
RULE 26. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the
free interchange of information and public debate without an unnecessary waste of time
or duplication of effort. These rules may be amended by resolution.
RULE 27. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council
meetings. These rules are intended to expedite the transaction of the business of the
City Council in an orderly fashion and are deemed to be procedural only. Failure to
strictly observe these rules shall not affect the jurisdiction of the City Councilor
invalidate any action taken at a meeting that otherwise conforms to law.
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SECTION 2. Resolution Numbers 4525 (CCS), 4548 (CCS), 4570 (CCS), 4631
(CCS), 4848 (CCS), 4909 (CCS), 6387 (CCS), 6744 (CCS), 7212 (CCS), 7279 (CCS),
7353 (CCS), 7417 (CCS), 7447 (CCS), 8168 (CCS), 8489 (CCS), and 8525 (CCS), and
each of them, and all other resolution adopting, amending, or relating to City Council
Rules of Order, are hereby repealed in their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
k
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Adopted and approved this 23rd of January, 2001.
J /
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Michael F inst n, Mayor
i, Maria M. Stewart, City Cierk of the City of Santa Monica, do hereby
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meeting c: the Santa Monica City Council held on the 23rd of January, 2001, by
the following vote:
Ayes: Council members:
O'Connor, McKeown, Genser, Mayor Pro
Tern Bloom, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Holbrook, Katz
ATTEST:
-....\ ---..........
", '. '-.,;:, ,-,-, \. ~. ,,-oo.J--
Maria M. Stewart