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R-8525 e e CA:RMM:jld808/hpca/pc City council Meeting 1-12-93 Santa Monica, California RESOLUTION NUMBER 8525 (CCS) (city Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8489 (CCS) TO AMEND THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE C;- .NE RULES FOR CITY C~ looo B"SvS ~~ \Wro q 0..1 1;1,:) vl11 9.d AS FOLLOWS: SECTION 1. Resolution Numbl as follows: RULE 1. TIME AND PLACE FOR H Pursuant to the provisions Monica City Charter, the city Counc s and time for the holding of regular meetings, the second and fourth Tuesday of each month. The regular meeting shall commence at 6:30 p.m. The only agenda item that may be considered between 6:00 p.m. and 6:30 p.m. 1S a Closed session. All other agenda items shall commence after 6:30 p.m. The amount of time necessary for the Closed Session shall be determined by the Mayor in consultation with the city Manager and the City Attorney. However, if any such Tuesday falls 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 - 1 - e e regular meeting next following said Tuesday at the hour heretofore fixed. The C1ty Council Chamber in city Hall is established as the place for holding its regular meetings. RULE 2. QUORUM. In accordance with Section 614 of the Santa Monica City Charter, four Councllmembers shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time until a quorum is present and those present may obtain the attendance of the absentees. Except as otherwise provided in the Charter, or by law, action taken by the City Council shall be taken by a majority vote of the entire membership of the City Council. Whenever any councilmember raises the question as to the presence of a quorum, the Presiding Officer shall forthwith direct the City Clerk to call the roll and shall announce the result, and such proceedings shall be without debate; but no Councilmember, while speaking, shall be interrupted by raising the question of the presence of a quorum. Every Councilmember present must make response when his or her name is called. The city Council shall judge the qualifications of its members as set forth by the City Charter. RULE 3. MEETINGS TO BE PUBLIC -- EXCEPTION FOR CLOSED SESSIONS. (a) All regular, adjourned regular and special meetings of the City Council shall be public; provided, however, that the City Council may hold Closed Sessions during a regular or special meeting, from which the public may be excluded, for the purpose - 2 - e e of considering the matters referred to in Government Code section 54957 or Government Code Section 54957.6 relating to Closed Sessions of the legislative body, or pursuant to other provisions of law. (b) The above subdivision is specifically limited by the following: (1) Restrictions regarding Closed Sessions do not apply to meetings of committees of the city council consisting of less than a quorum of its members. (2) Closed Sessions may not be held to consider the broad category of "personnel" matters. (3) Closed Sessions relating to personnel are limited to those relating to the appointment, employment, or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee. ec) The general categories permitting Closed Sessions shall include, but not be llIDlted to: (l) To consider the employment or dismissal of a public officer or employee, or to hear charges brought against such person unless the officer or employee in question requests a public hearing, in which event a public hearing shall be permitted. (2) To discuss with the city Attorney litigation pending, proposed, or anticipated where a public discussion would benefit the City's adversary and be detrimental to the public. (3) To meet with the Attorney General, District Attorney, Sheriff, or Chief of Police (or their deputies) on matters posing a threat to the security of public buildings or a - 3 - e e threat to the pUblic's right of access to public services or public facilities. (4) To instruct City representatives concerning salaries, salary schedules, or compensation paid in the form of fringe benefits prior to or during negotiations with employee organizations. (5) To negotiate and discuss with employee organization representatives following the intervention of a state labor conciliator in a labor dispute. (6) To consider matters affecting the national security in the case of a body operated by a private corporation on which City officers serve ln their official capacity and which is supported partially or totally by City funds. (7) To consider those matters which by law are properly the subject of a Closed Session. (d) 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 substance of any discussion which took place during said Closed Session unless the City council shall authorize the disclosure of such information by majority vote, or unless such disclosure is required, and only to the extent so required, by the provisions of Government Code Section 54957.1. RULE 4. AGENDA. (a) The City Clerk shall prepare the Agenda under the direction of the City Manager as follows: - 4 - e e (1) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the agenda. (2) The Agenda with all supporting matters shall be delivered to Councilmembers on the Thursday preceding the Tuesday City Council meeting to which it pertains. (3) At any time prior to posting of the Agenda, any Councilmember or the city Manager may direct any matter to be placed upon the Agenda. (4) At least 72 hours before a regular City council meeting, the City Clerk shall post a copy of the Agenda in the city Clerk/s office and in the lobby of the Police Department. In connection with any special meeting of the City council, the notice calling the meeting and Agenda shall be posted 24 hours prior to the special meeting. The City Clerk shall maintain on file in the office of the City Clerk declarations establishing compliance with the posting requirements. (5) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda as follows: (i) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Government Code section 54956.5. (ii) Upon a determination by a two-thirds vote of the legislatl ve body, or f if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the Agenda being posted. - 5 - e e (iii) The item was posted for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (6) Matters directed to be placed on the Agenda by Councilmembers shall be listed thereon in the order of receipt of such direction. (b) Dates for public hearings required by law or on matters of special public interest shall be set by the City Councilor the City Manager. Those matters set for public hearing by the city Council may be so set in the following manner: The City Manager shall place on an Agenda the item, "Motion to fix time and date of hearing " The city Council shall only hear comments regarding the time and date, and not the substantlve matter under this headlng. (c) The tlme and date fixed for public hearings shall be such that large numbers of c~tlzens can be accommodated in the city council Chambers and also can be heard early in the evening and such notices as required by lar.-l or requested by the city council of the same shall be sent out not less than 15 days prior to the hearing, unless another time is otherWlse specified by law. (d) Where a matter requires a formal public hearing prior to final action by the City councll, no person shall be heard thereon except at the time of the public hearing. (e) No public discussion shall be permitted on second reading of ordinances, or such other items when public discussion - 6 - e e occurred at a prior City Council meeting or when state law so permits, unless consent is given by two-thirds (2/3) vote of the Councilmembers present. RULE 5. CITY COUNCIL CORRESPONDENCE. (a) Non-Council Items. ~vri tten communications addressed to the City Council, the subject matter of which comes within the jurisdiction of any Board, Commisslon, or Department of the city, may be referred to such body or department, or both, by the city Manager, and such communications shall not be placed upon the city Council Agenda. All communications directly relating to the work or jurisdiction of a Board, Commission, or Department of the city shall be referred thereto, notwithstandlng the fact that direct city Council action may be sought in such communications; such communications shall not be placed upon the City council Agenda. Any person submitting a written communication to the City Council which is subsequently referred to a Board, Commission, or Department of the City shall be notified of such referral by the city Manager. If dissatisfied with either the action of the city Manager or the action of the Board, Commission, or Department to which the communication was referred, such person may appeal to the City Council. (b) Authority of the City Manager. The City Manager is authorized to open all mail or other written communications collectively addressed to the city council and to give it immediate attention to the end that all administrative business referred to in sald communications which do not necessarily - 7 - -- e e require city council action may be acted upon between city Council meetings. (c) Council Items. Correspondence collectively addressed to the City Council shall be received and opened by the City Council's Secretary, transmitted to the appropriate public officer having jurisdiction over, and placed on the Agenda if city Council action is deemed appropriate by the Mayor, City Manager, or City Clerk, except that no communication shall be placed on that Agenda that contains material which: (1) Is profane. (2) Is in the nature of a criminal or civil slander, or 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. (5) Does not necessitate City Council action. (d) Availability to the Public. correspondence addressed to individual Councilmembers shall not be opened by the city Council Secretary unless authorized to do so by individual Councilmembers. Such communications shall not become public records until rece1ved and filed by the city Council at a regular, special, or adjourned meetlng of the city Council, or retained or used as provided 1n Government Code Section 6250 et seq. correspondence received in the City Clerk's office or other city offices after 5:00 p.M.. two Mondays prior to the city council meeting shall not be placed on the Agenda unless it - 8 - ~ e e concerns a matter to be considered by the City Council at the next regular meeting or is determined by the city Manager to be an urgent matter which should be brought to the immediate attention of the city Councll. Correspondence shall not be read aloud at a city Council meeting unless requested by a majority vote of the Council. No ltem which is exempted from disclosure by Government Code section 6254 shall be disclosed or treated as a pUblic record. RULE 6. ORDER OF BUSINESS. The business of the city Council shall be taken on for consideration and disposition in the following order: (a) Closed Session. Closed Session may be held between 6:00 p.m. and 7:30 p.m., or as part of a Staff Administrative Item. (b) Call to Order. (1) Salute to the Flag. (2) Inspiration. (c) Roll Call. (d) special Agenda Items. (Such as commendations I award of service pins, introduction of special guests, presentations and reports by the Santa Honica Rent Control Board, Board of Education of the Santa Monica-Malibu Unified School District, and Board of Trustees of Santa Monica College.) (e) Continued Items. Agendized items of a previous City council meeting not considered at such meeting. (f) Consent Calendar. The consent calendar shall consist of the approval of minutes of prevlous meetlngs and those other - 9 - e e items determined at the pre-Council agenda meeting to be of a non-controversial nature and ~hich under the City Council Rules do not generally require a public hearing. The consent calendar shall be considered one item regardless of the number of matters appearing on it and may be approved by a single motion to approve the consent calendar, unless a councilmember wishes to be heard on an item. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. (With some exceptions, such as the second reading of ordinances, approval of minutes and statements of official action, public discussion is permitted but a specific request to speak must be made in accordance w1th these Rules. Members of the public shall have no more than one opportunity to address the City council concerning items on the consent calendar. Members of the public shall be heard prior to the city council voting on the consent calendar.) (g) Administratlve Proceedings. Administrative proceedings in which the City Council is required to make a decision concerning an indivldual application or appeal. (Public discussion permitted.) (h) Ordinances. (1) Introductlon and First Reading. (Public discussion permitted.) (2) Second Reading and Adoption. (No public discussion permitted.) (i) Staff Administrative Items. (Public discussion permitted but a specific request to speak must be made in accordance with these Rules.) - 10 - e e (j) been Public Hearings. set previously or Public hearings the time for which set by law. (Public discussion has permi tted. ) (k) Reports of Boards and Commissions. permitted but a specific request to speak accordance with these Rules.) (1) Resolutions. (Public discussion permitted.) (m) Written Communicat1ons other Than Reports of Commissions and Officers. The city Clerk shall list written communications in order of receipt. (Public discussion permitted but a specific request to speak must be made in accordance with these Rules.) (Public discussion must be made in (n) Councilmember Discussion Items. The City Clerk shall list Councilmember discussion items in order of receipt. (Public discussion permitted but a specific request to speak must be made in accordance with these Rules.) The order of business shall not be changed except by majority vote of the C1ty Council. (0) Public Input. Members of the public may address the City Council on items of interest to the public that are within the subject matter jurisdict10n of the City Council. Each speaker may address the City Council for 3 minutes. If there are more than 10 speakers, the City Counc1l may further limit the time of individual speakers or the total time on a particular issue. No action may be taken on the item of interest to the member of the public unless the item appeared on the Agenda in accordance with Rule 4. - 11 - e e RULE 7. PREPARATION OF MINUTES. The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for changes in the Minutes shall be made only by majorIty vote of the City Council. RULE 8. READING OF MINUTES. Unless the reading of the Minutes of a city Council meeting is ordered by a maJority vote of the City council, such Minutes may be approved without readIng if the city Clerk has previously furnished each Councilmember with a copy. RULE 9. PRESIDING OFFICER. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the l1ayor, 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 order whereupon 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) Participation. The Mayor or Mayor Pro Tempore or such other member presiding may !"love, 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 Councllmember by reason of his or her acting as the PresIdIng Officer. (b) Duties. The Presiding Officer shall preserve order at all meetings of the City Council. Such Officer shall state each - 12 - e - question coming before the City council, announce the decisions of the city council on all subJects, and decide all questions of order; subject, however, to an appeal by the city Council, and a majority vote of the City Council on any question of order shall govern and determine concluslvely such question of order. (c) Signing of DocuITlents. The Presiding Officer shall sign all ordlnances, resolutions, and other documents necessitating slgnature WhlCh were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate Presiding Offlcer may be used. The city Manager shall execute all contracts on behalf of the City unless otherwise ordered by the City Council. No contract shall be of any force or effect unless authorized by the City council and approved prior thereto by the City Attorney as to form and legality. RULE 11. SWORN TESTIMONY. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the presidlng Officer shall so require if directed to do so by a majority vote of the City Councll. Any Councilmember may request that anyone appearlng before the City Council on any matter shall be sworn. On recelpt of such a request, all proceedings shall be suspended and the City Council will, without debate, immediately vote on \>lhether the individual should be sworn. A majori~y vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk. - 13 - e e The city Council shall have the power and authority to compel the attendance of witnesses, to exam1ne them under oath, and to compel the product1on of evidence before it. Subpoenas may be issued in the name of the C1ty and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) shall constitute a misdemeanor. RULE 12. RULES OF DEBATE. (a) Getting the Floor. Every Counc1lmember desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself or herself to the question under debate, avolding personalities and decorous language. (b) Questions to Staff. Every Councilmember desiring to question the city staff shall, after recognition by the Presiding Officer, address his or her questions to the City Manager, or the City Attorney, who shall be entitled to answer the inquiry himself or herself or to designate a member of his or her staff for that purpose. (c) Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or a personal privilege is raised by another Counc1lmember, or unless the speaker chooses to Yleld to a question by another Councilmember. If a Councilmember, while speak1ng, is called to order, he or she shall cease speaking until the question of order is determined and, if determined to be ln order, may proceed. Members of the - 14 - e e City Staff, after recognition by the Presiding Officer, shall hold the floor until completlon of their remarks or until recognition is withdrawn by the Presiding Officer. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the city Council. If an appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be sustalned?" A majority vote of the Councilmembers then present shall conclusively determine such question of order. (e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limlted to cases in which the Councilmember's integrlty, character, or motives are questioned or where the welfare of the City council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privllege. (f) Privilege of Closlng Debate. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of closing debate, after all other Councllmembers have been given an opportunity to speak. (g) Motion to Reconsider. A motion to reconsider any action taken by the city council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember. Such motion by a prevalling Councilmember may be made at any time and shall have precedence over all other motions or while a Councilrnember has the floor and said motion shall be - 15 - e e debatable. A motion by a non-prevailing councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) calling for the Question. NeIther the moving party nor the party seconding any motion is allowed to call for the question. (i) Limitation of Debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desirIng to do so shall have spoken. Each Councilmember speaking on anyone item on the Agenda shall be limited to 10 minutes per item to state his or her opinion and views. RULE 13. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE. A Councilmember may request through the Presiding Officer under the privilege of having an abstract of his or her statement on any subject under consideration by the CIty council entered in the Minutes. If the City Council consents thereto, such statement shall be entered in the Minutes. RULE 14. PROTEST AGAINST CITY COUNCIL ACTION. Any Councilmember shall have the right to have the reasons for his or her dissent from, or his or her protest against, any action of the city council entered In the MInutes. Such dissent or protest to be entered ln the Minutes shall be made in the following manner: "I vlould like the Minutes to show that I am opposed to this action for the follo\Vlng reasons . .. II - 16 - ~ e e RULE 15. RULES OF ORDER. Except as otherwise provided herein, the City Charter, other rules adopted by the City Council, or applicable provisions of state law, the procedures of the City Council shall 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 16. FAILURE TO OBSERVE RULES OF ORDER. Rules adopted to expedlte the transaction of the business of the city Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurlsdiction of the city Councilor invalidate any action taken at a meeting that is otherwise held in conformity with law. RULE 17. ADDRESSING THE CITY COUNCIL. (a) Registration. Each person wishing to address the City Council regarding items on the Agenda where public discussion is permitted shall register first with the City Clerk his or her name and address prior to any discussion of that item, and preferably shall reglster prior to the start of the City council meeting. (b) Manner of Addresslng the city council. Each person desiring to address the Clty Council shall step up to the microphone In front of the rail, state his or her name and address for the record, state the subject he or she wishes to discuss I state whom he or she is representing lf he or she - 17 - e e represents an organization or other person. Unless further time is granted by majority vote of the City Council, a person shall limit his or her remarks to three minutes per item, except if he or she is the applicant or appellant on an Administrative Proceeding item, in which case a person shall limit his or her remarks to ten minutes. All remarks shall be addressed to the City Council as a whole and not to any member thereof. No questions shall be asked of a Councllmember or a member of the City staff without the permission of the Preslding Officer. (c) Discretion to Limit Duration and Number of Speakers. Where more than one person desires to speak on a particular item, it shall be within the discretion of the Presiding Officer to limit the number and duration of presentations to not less than 10 minutes for each slde glvlng equal time for each position or side. It is recommended that a spokesperson for each side be chosen prior to the meeting and the City Clerk shall advise persons of this recommendation. If a spokesperson has not been selected prior to the ll'Ieeting, the item may be called and the Presiding Officer may either pass the item or grant a recess to permit the selection of a spokesperson. The Presiding Officer may also determine which persons have a predominate or proprietary interest in an item and permit such person or persons to speak first. Nothing in this Section shall be deemed to preclude the Presiding Officer or a majority of Councilmembers present from allowing extended debate on any matter. (d) Consent Calendar and Persons Speaking on More than One Item. Anyone person wishlng to speak on more than one item shall limit his or her remarks to three minutes on the item he or - 18 - e e she considers most important, two minutes on the item he or she considers next most important, and one minute on any other item unless further time is granted by a majority vote of the city Council. with regard to matters appearing on the Consent Calendar, each member of the public wishing to speak will be given no more than one opportunity to address the City Council concerning items on the consent calendar. For purposes of these rules, the consent calendar as a whole shall be considered one item regardless of the number of matters appearing on the consent calendar. Members of the public who request to speak on the consent calendar may speak for no more than three minutes on matters appearing on the Consent Calendar as provided for in these rules. This Rule does not apply with respect to a Report from a Board or Commission nor to an applicant or appellant speaking on an Administrative Proceeding item. (e) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the city Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Councll. (f) SpecIal Time LImItatIons. NotWl thstandIng any other provision of these Rules, if fifteen or more persons wish to speak on such an item, or if 40 or more requests to speak on any combination of items, each speaker's remarks shall be limited to two minutes. This Rule shall not apply with respect to a Report from a Board or CommISSion nor to an applicant or appellant speaking on an AdministratIve Proceeding item. - 19 - e e RULE lB. RULES OF DECORUM. (a) Councilmembers. When the City council is in session, councilmembers must preserve order and decorum, and a Councilmember shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the City council nor disturb any Councilmember "lhile speaking or refuse to obey the orders of the Presiding Officer. Council~embers shall not leave their seats during a meetIng without first obtaining the permission of the Presiding Officer. (b) Employees. Members of the city Staff and employees shall observe the same rules of order and decorum as are applicable to the city CouncIl, with the exception that members of the City staff who are not seated at the CIty CouncIl table may leave their seats durIng a meeting without first obtaining the permission of the PresIding Officer. (c) Persons Addressing the Council. ( 1) No person other than a Coune i Imember and the person having the floor shall be permitted to enter into discussions, either dIrectly or through a Councilmember, without permission of the Presiding Officer. (2) No questIons shall be asked a Councilmember except through the Presiding Officer. (3) All remarks shall be addressed to the City Council as a body and not to anyone member thereof. (4) Any person making impertinent, slanderous, or profane remarks, or who becomes boisterous while addressing the City Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the - 20 - e e Presiding Officer, be barred from further audience before the city council during that meeting. (d) Members of the Audience. (1) Any person in the audience or at the city Council table who engages ln disorderly conduct such as hand clapping, stamping of feet, whistllng, using profane language, yelling, and similar demonstrations, or who dlsturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer shall be guilty of a misdemeanor and upon instructions from the Presiding Officer, with the consent of the majority, through the City Manager, it shall be the duty of the Sergeant at Arms to remove any such person from the city council Chambers and to place him or her under arrest. (2) No person shall be permitted to interrupt the individual councilmembers or the city Clerk when the City council is in session. (3) Except wlth prlor authorizatlon of the Presiding Officer, no placards, signs or posters, packages, bundles, suitcases, or other large objects shall be brought into the City Council Chambers. (4) Unless addressing the City Councilor entering or leaving the city council Chambers, all persons in the audience shall remain si ttlng in the seats provided. No person shall stand or sit in the aisles or along the vJalls nor shall the doorways be blocked. - 21 - e e (5) Except with prior authorlzation of the Presiding Officer, the distribution of literature, of whatever nature or kind, is prohibited. (e) Persons Authorized to be Within Rail. No person except Councilmembers and City Staff and recognized representatives of the news media shall be permitted within the rail without the consent of the Presiding Officer. (f) Enforcement of Decorum. 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 and decorum 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. RULE 19. VOTING PROCEDURE. Any vote of the city Council, including a roll call vote, may be registered by the members by answerlng "Aye" for an affirmative vote or "No" for a negative vote upon his or her name being called by the Clty Clerk. Unless a member of the City council states that he or she is not voting, silence shall be recorded as an affirmative vote. RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST. Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of - 22 - e e such disqualification in an open meeting. ~'1here no thoroughly disqualifying conflict of lnterest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualJ..fied by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the city Council table and leave the City council Chambers. A Councilmember stating such dlsqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determlning the outco~e of any vote on such matter. RULE 21. FAILURE TO VOTE. Every Councilmember is entitled to vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. RULE 22. TIE VOTE. Tie votes shall be lost motions and may be reconsidered. RULE 23. CHANGING VOTE. The vote of a Councilmember 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 and prior to the time that the next item in the order of business is taken up. - 23 - e e RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION. The following procedure shall be followed in connection with any Agenda item requiring a motion: (a) City Clerk reads the title. (b) Explanation by City Manager I if called for by the Presiding Officer. (c) Questions to city Manager by Councilmembers. (d) All background materlal complete at this point. (e) Public to be heard subj ect to the limitations set forth herein. (f) Close of public discussion. (g) Presiding Officer to ask for a motion and second. (h) Motion and discussion by the City council. (i) The maker of the motion to have a chance for further discussion. (j) Presiding Officer to restate the motion. (k) Vote on the motion. RULE 25. ORDINANCES, RESOLUTIONS, AND CONTRACTS. (a) The preparation of ordinances shall be ordered only by a majority vote of the City Council, except for those ordinances specified in Section 619 of the city Charter. All ordinances shall be prepared by the City Attorney. (b) Ordinances shall be prepared according to three priorities. When requesting the preparation of ordinances, the City Council shall instruct the City Attorney as to whether the request is "urgent.1I The City Attorney shall classify all other requests for ordinances as "normal" or "extended.1I - 24 - e e (c) Ordinances designated as "urgent" shall be returned to the city council at the next subsequent City Councll meeting. Likewise, ordinances for second reading shall be returned to the city Councll at the next subsequent meeting. Ordinances designated as "normal" or II extended" shall be returned according to the schedule of due dates prepared by the City Attorney. (d) specific due dates for each ordinance, other than those designated "urgent," shall be determined by the city Attorney and due dates for all ordlnances shall be communicated to the City council in the next subsequent Agenda package. Insofar as practicable, the Clty Attorney shall endeavor to return ordinances to the City Council WhlCh have been designated as "normal II \<li thin four Heeks of the request therefor. (e) Ordinances designated as "normal" shall be processed in the following manner: (1) The City Attorney shall schedule due dates for such requests on the day following the city Council meeting at which the request is made. (2) By 12: 00 noon one calendar week and two days following said meetlng (the second Thursday following), the City Attorney shall submit drafts of requested ordinances to the City Manager for review. (3) By 12: 00 noon one calendar week and six days following said meeting (the second Monday following), and following hlS review, the City Manager shall return said drafts to the City Attorney. (4) By 10:00 a.M. two weeks and two days following said meeting (the third Thursday follm'ling) f the city Attorney - 25 - e e shall submit final documents of requested ordinances to the City Manager, to be included in the Agenda package for the next subsequent City council meet1ng for f1rst reading. (f) Resolutions shall be prepared, when requested by the city Council, in the same manner as ordinances in the "normal" cycle. (g) Ordinances and resolutions may be voted on in a group rather than separately, unless a Councilmember expresses a desire to debate a particular ordinance or resolution, where there is a division of votes "pro" or "con," or \"here a specific number of votes is requ1red by law, 1n which cases the particular ordinance or resolution shall be cons1dered separately. (h) A resolution, unless la1d over by a majority vote of the City Council, shall be acted upon on the day of presentation. (i) Matters coming before the city council in the form of recommendations which require the preparat10n of an ordinance and subsequent flrst and second readings shall be open to public discussion, except at the time of second reading. (j) The Presiding Officer, before calling for a motion on the adoption of any resolution, shall first inquire if there is anyone who desires to be heard on said proposed resolution. All persons desiring to be heard must have registered with the City Clerk, prior to the dlScussion of the resolution, their name and address, and the resolution item they wish to speak on and the Presiding Off1cer will call upon speakers from that list. Public hearings held at the time of first reading and introduction of ordinances shall be conducted, lnsofar as appllcable, in the same manner. - 26 - e e (k) At the time of adopt1on of an ordinance or a resolution, it shall be read in full unless after reading the title thereof, further readlng 15 waived by a unanimous vote of the Councilmembers present. Such consent may be expressed by a statement of the Presiding Officer that "If there is no objection, the further readlng of the Ordinance or Resolution is waived. II (1) Resolutlons may be adopted by the City Council by title only, and the City Council may direct that the resolution, other than the title, be drafted followlng such adoption. In this event, it is not necessary that resolutions so adopted be returned to the City Council after the date of their adoption. (m) Contracts for which amounts have been budgeted previously by the Clty Councll shall be deemed approved by the budgeting of such amounts and shall not be required to be presented to the ci ty Council for further approval or authorizatlon for the city Manager to execute the same, so long as the amounts represented by such contracts are the same as those amounts approved and budgeted. RULE 26. PRIOR APPROVAL BY ADMINISTRATIVE STAFF. All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney, and shall have been examined for administration by the city Manager or his or her authorized representative. No request for the preparation of an ordinance or other item by the City Council shall be placed on - 27 - e e the Agenda before the final, reviewed document has been received by the City Manager. RULE 27. INFORMAL MEETINGS. The C1ty Council, sUbJect to notlce and other requirements imposed by law, may hold informal l'1eetings in the City Council Chamber of C1 ty Hall at such times as may be designated in an order for a spec1al meeting. At any such informal meeting, the city Council shall not take any formal or binding action upon any formal motion, resolution, ordinance, nor any other action required by law to be taken by the city Council. Such informal sessions shall be devoted exclusively to the presentation and exchange of information. RULE 28. JOINT MEETINGS WITH BOARDS AND COMMISSIONS. The City Council, during the year, shall meet with the individual Boards and Commissions at least once, when feasible with the Agenda of the City Council, said meetings to be calendared as study sessions, to be held in the City Council Chamber at such time as is convenient to the Councilmembers. RULE 29. COMMUNICATIONS BY BOARDS AND COMMISSIONS. No city Board or COr'lmlSS10n shall transmit an official resolution or any other correspondence of said Board or Commission on any matter of City policy to any non-City Agency, Board, or Commission without a vote of such Board or Commission to do so, nor without the prior approval of the City Council that such communication be so transm1tted. - 28 - e e RULE 30. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS. The city Manager, city Clerk, and Clty Attorney, or, in their absence, their authorized representative, shall attend and be present during all city Council meetings and give necessary service and advice. However, any of the above is permitted to leave the city Councll Chamber after seeking and obtaining permission from the Preslding Officer and be absent therefrom for a period of time not to exceed 10 minutes without said absence causing a halt in the city Council proceedings. RULE 31. ADJOURNMENT. All City Cauncll meetings unless otherwlse determined by Councilmembers present. shall adjourn a two-thirds at 11: 00 vote of p.m. I those RULE 32. 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 shall be part of the records of the C1ty councll. The use of other recording or televis10n equipment 1S permitted so long as it is not disruptive of the meetlng. RULE 33. 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. SECTION 2. Resolution Numbers 4525 (CCS), 4548 (CCS) , 4570 (CCS), 4631 (CCS), 4848 (CCS), 4909 (CCS), 6387 (CCS), 6744 - 29 - e e (CCS), 7212 (CCS), 7279 (CCS) J 7353 (CCS), 7417 (CCS), 7447 (CCS), 8168 (CCS), 8489 (CCS), and each of them, and any other resolution adopting, amending, or relating to City Council Rules of Order, are hereby repealed in its entirety. SECTION 3. The City Clerk shall certify to the adoption of this Resolut1on, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~c~ Acting city Attorney - 30 - e e Adopted and approved this l2th day of January, 1993. t1 4,. ~ l''May6'j'l I hereby certify that the foregoing Resolution No. 8525(CCS) was duly adopted by the City council of the city of Santa Monica at a meeting thereof held on January l2, 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~r4~ city Clerk