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;-
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RULES FOR CITY C~
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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
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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
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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
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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:
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(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.
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(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
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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
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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
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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
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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.)
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(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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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(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
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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.
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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
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(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
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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.
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(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
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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.
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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
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(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
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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