SR-6-F (56)
b-P
'- ocr 1 3 1992
CA:JL:jld765/hpca1/pc
City Council Meeting 10-13-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: City Attorney
SUBJECT: Resolution Amending Resolution Number 8168 (CCS)
to Amend the Rules of Order and Procedure for the
Conduct of City council Meetings
At its meeting of June 30, 1992, the City Counc~l directed
the city Attorney to prepare revisions to the Rules of Order and
Procedure for the Conduct of City Council Meetings to comply with
recent changes in the Brown Act, the open meetings law. The
accompanying Resolut~on amending the City Council rules and
procedure has been prepared in accordance with this direction.
The Brown Act now requires the City council to hear from
members of the public on all items before the city Council.
Accordingly, changes have been made to the City Council rules to
accomplish this. In particular, changes have been made to Rule 6
to permit the publ ic to speak concerning reports of Boards and
Commissions, written conununications from the public, and
Councilmember discussion items.
In addition to these changes, the rules have been changed
with respect to the Consent Calendar. Under the amendment,
members of the public will be given only one opportunity to speak
on the consent calendar. The consent calendar will be considered
as one item, regardless of the number of matters appearing on it.
6-JC
- 1 - OCT 13 1992
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The public would be heard prior to the City Council voting on the
consent calendar. No matter would have to be removed from the
consent calendar if a member of the public speaks, unless a
Councilmember so directs.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Joseph Lawrence, Acting city Attorney
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CA:RMM:lld653/hpca/pc
city council Meeting ~O-~3-92 Santa Man~ca, California
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RESOLUTION NUMBER 8489 (CCS)
- (City council Series)
. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8~68 (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 l. Resolut~on Number 8168 (CCS) is amended to read
,
as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of section 6~~ of the Santa
Monica City Charter, the city Council does establish as the days
and time for the holding of regular meetings, the second and
fourth Tuesday of each month. The Regular meeting shall commence
at 6:00 p.m. The only agenda item that may be considered between
6:00 p.m. and 7:30 p.m. is a Closed Session. All other agenda
items shall commence after 7:30 p.m. The amount of time
necessary for the Closed Session shall be determined by the Mayor
in consultation with the city Manager and 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 follow1.ng said Tuesday at the hour
..;r- __ heretofore fixed. The City Cou~l ~ Chamber l.n City Hall 1.S
established as the place for holding its regular meetl.ngs.
- RULE 2. QUORUM.
In accordance with Section 614 of the Santa Monica city
~ Charter, four Councilmembers shall constl.tute for the
a quorum
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 presid1.ng Officer shall forthw1.th
direct the city Clerk to call the roll and shall announce the
result, and such proceedings shall be without debatej but no
Councilmember, whl.le speaking, shall be interrupted by ral.sing
the question of the presence of a quorum. Every Councl.lmember
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 Counc1.l shall be publiCi provided, however, that the
City council may hold Closed Sessions durl.ng 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 sectlo~_ 54957.6 relatlng to Closed
sessions of the legislative body, or pursuant to other provisions
of law.
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(b) The above subdivision is specifically limited by the
& following:
(1) Restrictions regarding Closed SeSSlons do not
apply to meetings of comml.ttees 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 relatl.ng to the appointment, employment, or
dismissal of a publ ic officer or employee or to hear complaints
or charges brought against such officer or employee.
(e) The general categories permitting Closed Sessions
shall include, but not be limited to:
( 1) To consider the employment or dismlssal 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 securl.ty of public bUl.ldings or a
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threat to the pUblic's rlght of access to public services or
...T '""'_ public facilities. ~ -
(4) To instruct city representatives concerning
salaries, salary schedules, or compensation paid in the form of
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fringe benefits prior to or during negotiations with employee
4 organizations.
(5) To negotiate and discuss with employee
organization representatives following the intervention of a
state labor conciliator in a labor dispute.
(6) To conslder matters affecting the national
security in the case of a body operated by a private corporation
on which city officers serve l.n their official capacl.ty 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 SeSSl.on.
(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.
ROLE 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 Clty Manager shall consult with the Mayor
~---- and Mayor Pro Tempore l.n the preparation of the agenda.
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(2) The Agenda with all supporting matters shall be
delivered to Councilmembers on the Thursday preceding the Tuesday
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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 maintal.n on
file l.n the office of the Cl.ty Clerk declarations establishing
compliance with the posting requlrements.
(5) No actl.on 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 legislative body, or, if less than two-thirds of the
members are present, a unanimous vote of those members present,
that the need to take actlon arose subsequent to the Agenda being
posted.
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(iii) The item was posted for a prior meeting
of the legislative body occurrin~q~ more than five calendar
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days prior to the da te action is taken on the item, and at the
prior meeting the item was continued to the meeting at which
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action is being taken.
(6) Matters directed to be placed on the Agenda by
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Councilmembers shall be listed thereon 1n the order of receipt of
such direction.
(b) Dates for public hearings requl.red by law or on
matters of spec1al public interest shall be set by the City
council or the City Manager. Those matters set for public
hearing by the City Council may be so set l.n 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 substant1ve matter under this heading.
( c) The time and date fixed for public hear1ngs shall be
such that large numbers of citizens can be accommodated in the
city Council Chambers and also can be heard early in the evening
and such notices as required by law 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 otherwise specified by
law.
(d) Where a matter requires a formal public hearing prior
to final action by the City Council, 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 ~t~o-thirds (2/3) vote of the
councilmembers present.
- RULE 5. CITY COUNCIL CORRESPONDENCE.
(a) Non-council Items. Written communications addressed
. to the city Council, the subject matter of which comes within the
jurisdiction of any Board, Commission, 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 communl.cations directly relating to the work or
jurisdiction of a Board, Commission, or Department of the city
shall be referred thereto, notwithstanding the fact that direct
City Council action may be sought ln such communications; such
communications shall not be placed upon the city Council Agenda.
Any person submitting a written communication to the City
council which l.S 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 communl.cation was referred, such person may appeal to
the City Council.
(b) Authority of the City Manager. The City Manager is
authorized to open all mal.l or other written communications
collectively addressed to the Clty Council and to give it
immediate attention to the end that all administrative business
referred to in said communications which do not necessarily
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require city Council action may be acted upon between City
~......- Councl.l meetings. ~ -
(c) Council Items. correspondence collectively addressed
to the City council shall be received and opened by the City
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council's Secretary, transmitted to the appropriate public
officer having jurisdiction over, and placed on the Agenda if
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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:
(l) 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 authorlzed to do so by indivldual
Councilmembers. Such communlcations shall not become public
records until recelved and filed by the City Councl1 at a
regular, special, or adjourned meeting of the City Council, or
retained or used as provided in Government Code Section 6250 et
seq. Correspondence received l.n the Clty 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 Councl.l at the
--=r __ next regular meeting or is determ~d_bY the City Manager to be
an urgent matter which should be brought to the immediate
attention of the city Council. Correspondence shall not be read
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aloud at a City council meeting unless requested by a majority
vote of the Council. No item 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.
(~) Special Agenda Items. (Such as commendations, award
of service pins, introduction of special guests, presentations
and reports by the Santa Monica 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 previous meetings and those other
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items determined at the pre-council agenda meeting to be of a
...:: ......- non-controversial nature and whic~nder the city Council Rules
do not generally requl.re a public hearing. The consent calendar
shall be considered one item regardless of the number of matters
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appearing on it and may be approved by a single motion to approve
. the consent calendar, unless a Counc1lmember 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 with 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. )
(9) Administrative Proceedings. Administrative
proceedings in which the City Council is required to make a
decision concerning an individual application or appeal. (Public
discussion permitted.)
(g) Ordinances.
(1) Introductl.on and First Readl.ng. (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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(i) Public Hearings. Public hearings the time for which
~-- has been set prevlously or set.,.....bY_ law. (Public discussion
permitted. )
(~) Reports of Boards and Commissions. (Public discussion
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permitted but a specific request to speak must be made in
. accordance with these Rules.)
(lJ Resolutions. (Public discussion permitted.)
(m) Written communl.cations other Than Reports of
Commissions and Officers. The city Clerk sha1l list written
communications in order of receipt. (Public discussl.on permitted
but a specific request to speak must be made in accordance with
these RUles.)
(!!) Councilmember Discussion Items. The City Clerk shall
list councilmember discussion ltems ln 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 city Council.
(9.) Public Input. Members of the publl.c may address the
City Council on items of interest to the public that are wi thin
the subject matter Jurisdiction of the city Councl.l. Each
speaker may address the city council for 3 minutes. If there are
more than 10 speakers, the City council 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...,-exqlusi ve responsibility for
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preparation of the Minutes, and any directions for changes in the
Minutes shall be made only by majority vote of the City Council.
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RULE 8. READING OF MINUTES.
6 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 Councl.l. 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
order whereupon a temporary presl.ding 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 OFF~CER.
(a) participation. The Mayor or Mayor Pro Tempore or such
other member presiding 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 privl.leges of a Councilmember 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 Counc1l on all subjec~ gnd dec1de 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
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govern and determine conclusively such question of order.
( c) Signing of Documents. The Presiding Officer shall
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sign all ordinances, resolutions, and other documents
necessitating signature which were adopted in his or her
presence, unless he or she is unavailable, in which case the
signature of an alternate Pres1ding Officer may be used. The
Ci ty 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 w1tness and to testify under oath,
and the Presiding Officer shall so require if directed to do so
by a maj ori ty vote of the City Council. Any Councilmember may
request that anyone appearl.ng 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, without
debate, 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.
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The city council shall have the power and authority to
-=:-- compel the attendance of wi tnesse~ t9 examine them under oath,
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and to compel the production of evidence before it. Subpoenas
may be issued in the name of the City and be attested by the city
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Clerk. Disobedience of such subpoenas, or the refusal to testify
(upon other than constitutional grounds) shall constitute a
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misdemeanor.
RULE 12. RULES OF DEBATE.
( a) Getting the Floor. Every Councilmember desiring to
speak shall first address the Chair, galn recognition by the
Presiding Officer, and shall confine himself or herself to the
question under debate, avoiding personalities and decorous
language.
(b) Questions to Staff. Every Councilmember desl.ring 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 Councl.lmember, 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 councilmember, or unless the
speaker chooses to yield to a question by another councilrnernber.
If a Councilmember, while speaking, is called to order, he or she
shall cease speaking until the question of order is determined
and, if determined to be in order, may proceed. Members of the
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city staff, after recogn1tion by the Presiding Officer, shall
~-- hold the floor until completio~t their remarks or until
recognition is withdrawn by the Pres1d1ng Officer.
(d) Points of Order. The Presiding Officer shall
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determine all points of order subject to the right of any
Councilmember to appeal to the City Council. If an appeal is
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taken, the question shall be: "Shall the decision of the
Presiding Officer be sustained?" 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 limited to cases in which the
Councilmember's integrity! character, or motives are questioned
or where the welfare of the city council l.5 concerned. A
Councilmember raising a point of personal privilege may interrupt
another Councilmember who has the floor only if the Presiding
Officer recognizes the privilege.
(f) Privilege of Closing Debate. The Councilmember moving
the introduction or adopt1on of an ord1nance! resolution, or
motion, shall have the privilege of closing debate! after all
other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider. A mot1on 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 prevailing Councilmember may be
made at any time and shall have precedence over all other motions
or while a Councilmember 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 J9r ~econsl.deration may be made
only if one year has passed since the action was taken.
(h) Calling for the Question. Neither the moving party
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nor the party seconding any motion is allowed to call for the
. question.
(i) Limitatl.on 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 any one 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 ln 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 l.n the Minutes shall be made ln the
following manner: "I would like the Minutes to show that I am
opposed to this action for the following reasons "
. . . .
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RULE 15. RULES OF ORDER.
..:r___ Except as otherwise provi~ 9-erein, the City Charter,
other rules adopted by the city Councll, or applicable provisions
of state law, the procedures of the city Council shall be
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governed by the latest revised edit10n of Roberts Rules of Order.
The City Councl.l rules, or any one thereof, may be
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suspended by a vote of two-thirds (2/3) of the Councilmembers
present.
RULE 16. FAILURE TO OBSERVE RULES OF ORDER.
Rules adopted to expedite the transaction of the business
of the City Council in an orderly fashion are deemed to be
procedural only and the fa1lure to strictly observe such rules
shall not affect the jurisdiction of the City Council or
invalidate any actlon taken at a rneet1ng that is otherwl.se 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 register prior to the start of the City council
meeting.
(b) Manner of Address1ng the city Councl.l. Each person
desiring to address the Cl.ty council shall step up to the
microphone in front of the rall, state his or her name and
address for the record, state the subject he or she wishes to
discuss, state whom he or she 1S representing if he or she
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represents an organization or other person. Unless further time
..:ll"'"'"""'-- is granted by maJority vote of th$--C l.j:y Council, a person shall
limit his or her remarks to three minutes per item, except if he
or she l.S the applicant or appellant on an Administrative
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Proceeding item, in which case a person shall limit his or her
remarks to ten ml.nutes. All remarks shall be addressed to the
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city Council as a whole and not to any member thereof. No
questions shall be asked of a Councilmember or a member of the
city Staff without the permission of the Presiding 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 side giving equal time for each position or
side. It l.S 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 meeting, 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 predoml.nate or
proprietary interest ~n an l.tem and permit such person or persons
to speak first. Nothing l.n this Section shall be deemed to
preclude the Presl.ding Officer or a maJority of Councilmembers
present from allowl.ng extended debate on any matter.
(d) Consent Calendar and Persons Speaking on More than One
Item. Any one person wishing 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 i tern he or she
~-- considers next most important, an.9--Dn~ 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
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Calendar, each member of the public wishing to speak will be
given no more than one opportunl.ty to address the City Council
4
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 l.tem.
( e) After Motlon. 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 permisslon to do so by a
majority vote of the City Council.
(f) Special Time Limitations. Notwithstanding 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 CommlSS1on nor to an applicant or appellant
speaking on an Administrative Proceeding item.
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RULE 18. RULES OF DECORUM.
~-- (a) Councilmembers. When ~ G~ty council is in session,
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Councilmembers .
must preserve order and decorum, and a
Councilmember shall neither by conversation or otherwise delay or
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interrupt the proceedings or the peace of the City Council nor
disturb any Councilmember while speaking or refuse to obey the
.
orders of the Presiding Officer. Councilmembers 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 perml.ssion of the Presiding Officer.
(c) Persons Addressing the Councl.l.
( 1) No person other than a councilmember 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
ci ty Counci 1 , shall be called to order by the Presiding Officer
and, if such conduct continues, may at the discretion of the
- 20 -
- ------- --
Presiding Officer, be barred from further audience before the
..:lr __ City Council during that meeting. ~ -
(d) Members of the Audience.
(1) Any person in the audience or at the City
-
Council table who engages in disorderly conduct such as hand
clapping, stamping of feet, whistling, using profane language,
6
yelling, and similar demonstrations, or who disturbs the peace
and good order of the meetl.ng, 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,
wi th 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 lnterrupt the
individual Councilmembers or the city Clerk when the City Council
is in session.
(3 ) Except with prior authorization of the Presiding
Officer, no placards, signs or posters, packages, bundles,
suitcases, or other large objects shall be brought into the city
Councl.1 Chambers.
(4) Unless addressing the city Council or entering
or leaving the City Council Chambers, all persons in the audience
shall remain sitting l.n the seats provided. No person shall
stand or sit in the aisles or along the walls nor shall the
doorways be blocked.
- 21 -
(5) Except with prior authOrl.Zat1on of the Preslding
~,.,..- Officer, the distribut10n of Ii t~t,!-re I 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 Presidl.ng 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 Pres1ding Officer through
the city Manager for the purpose of maintain1ng 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 II for an
affirmative vote or "No" for a negative vote upon his or her name
being called by the City 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 1S disqualifl.ed from voting on a
particular matter by reason of a conflict of interest shall
publicly state or have the presidl.ng Officer state the nature of
- 22 -
- - -~-
such disqualification in an open meeting. Where no thoroughly
disqualifying conflict of ~nte~~t__ appears, the matter of
~--
disqualification may, at the request of the Councilmember
affected, be deCl.ded by the other Councilmembers. A
-
Councilmember who is disqualified by reason of a conflict of
. interest in any matter shall not remal.n 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 statl.ng 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 21. FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified
by reason of a conflict of l.nterest. A Councilmember who
abstains from vot~ng 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 bus~ness is taken up.
- 23 -
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The followl.ng procedure Sh~ be followed in connection
~~ ~
with any Agenda ~tem requiring a motl.on:
( a) City Clerk reads the title.
-
(b) Explanation by City Manager, if called for by the
. Presiding Officer.
(c) Questions to City Manager by Councilmembers.
(d) All background material complete at this point.
(e) Public to be heard subject 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 1nstruct the city Attorney as to whether the
request is "urgent. II The City Attorney shall classify all other
requests for ordinances as "normal" or "extended.1I
- 24 -
( c) Ordinances designated as "urgentll shall be returned to
~-- the City Council at the next sU.9Seqyent city Council meeting.
Likewise, ordinances for second reading shall be returned to the
City council 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, II shall be determined by the City
Attorney and due dates f or a II ordinances shall be communicated
to the City Council in the next subsequent Agenda package.
Insofar as practicable, the City Attorney shall endeavor to
return ordinances to the City Council which have been designated
as "normal" within four weeks of the request therefor.
(e) Ordinances designated as t1normalll shall be processed
in the following manner:
(~) The city Attorney shall schedule due dates for
such requests on the day followl.ng the city council meeting at
which the request is made.
(2) By 12:00 noon one calendar week and two days
following said meeting (the second Thursday following), the City
Attorney shall submit drafts of requested ordlnances 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 his 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 following) , the City Attorney
- 25 -
shall submit final documents of requested ordinances to the city
.:r__ Manager, to be l.ncluded l.n the_~ge.nda package for the next
subsequent City Council meeting for first 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 where a spec1.fic number of
votes is required by law, in which cases the particular ordinance
or resolution shall be considered separately.
(h) A resolut1.on, unless la1.d over by a major1.ty vote of
the city Council, shall be acted upon on the day of presentation.
( i) Matters coming before the City council l.n the form of
recommendations which require the preparation of an ordinance and
subsequent first 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 sald proposed resolution. All
persons desiring to be heard must have registered with the city
Clerk, prior to the discussion of the resolutlon, their name and
address, and the resolution item they wish to speak on and the
Presiding Officer will call upon speakers from that list. PUblic
hearings held at the tlme of first reading and introduction of
ordinances shall be conducted, lnsofar as applicable, in the same
manner.
- 26 -
(
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SANTA MONICA
.
FIRE DEPJ\RT\.1ENT! ADM l~ISTR A.TlO'\ BUREAU OF FIRE PRE\ E"TIO'
JOHN M MONTENERO CRAIG L COLLIER
FIRE CHIEF FIRE MARSHAL
(310) 458-8651 (31 O) 458~8669
INFORMATION BULLETIN
PIER OCCUPANT LOAD - JULY 1991
Occupant loads are determined by using the Uniform Building Code,
Chapter 33, section 3302 and Table 3 3A. piers are not included
in Table 33A because they only determine occupant loads for
buildings.
The Fire Department felt that the pier is best described as an
assembly area, concentrated use, which calls for an occupant load
factor of 7 square feet per person.
~I'
I!: Based on that figure and taking the square footage of the pier,
the occupant load would be 28,914. It should be noted that if it
was determined that a factor of 3 was used, as called for in that
same section, under waiting area, the occupant load would be
increased to 67,466.
Parking Lot 90,100 sq. ft.
concert Area 59,500 sq. ft.
Municipal pier & Boardwa~k 52,000 sq. ft.
,.
Total Pier square footage 202,400 sq. ft.
PierlOj91
.
- --- - ... ..
Ex rtlB ('(: 7
,... ,.. r 0 i
FAX NUMBER (310) 395-3395 U V ~, 1 <1
1444 7TH STREET . SANTA MONICA, CALIFORNIA 90401-4012
f I
~ ..
=-.A.n OF CALIFORNIA - BUS&NESS. TRAHSPORTAlION AND HOUSING AGEftC"t' PETE WILSON. Gowmor
- .-- . . -
DEPARTMENT OF ALCOH~l~C BEVERAGE CONTROL @
Inglewood D~str1ct 0 ce
one Manchester Blvd., 2nd Floor
P.o. Box 6500
Inglewood, California 90306
(213}412-6311
October 22, 1991
stephanie Barbanell
16 Seaview Terrace
Santa Monica, CA 90401
Dear Ms. Barbanell:
The following shows information you requested:
ON-SALE On-SALE
CENSUS 'l'RAC'l' POPULATION ALLOWED-EXIST ALLOWED-EXIST
7019 2472 :5 92 3 12
7020 5483 6 9 5 8
7021 6240 1 23 6 4
The population is based on 1990 census figures. The enclosure
shows the method of computing the number of licenses allowed based
on the population.
;~.
Gils L. Grey
District Administrator
GLG/sp
Ene.
"''''''5
vV'J!
.
.
RULE 30. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City CleEJs.+ and City Attorney, or, in
-r:~-
their absence, their authorized representatl.ve, shall attend and
be present during all City Counc1l meetings and give necessary
-
service and advice. However, any of the above 1S permitted to
leave the city Council Chamber after seeking and obtal.ning
.
permission from the presl.ding Officer and be absent therefrom for
a period of time not to exceed 10 m1nutes Wl.thout said absence
caus1ng a halt in the Cl.ty Council proceedings.
RULE 31- ADJOURNMENT.
All city council meetings shall adjourn at 11:00 p.m. ,
unless otherwise determined by a two-thirds vote of those
Councilmembers present.
RULE 32. RECORD OF MEETINGS.
All public meetings of the city Council shall be recorded
by tape recorder. The recordlng shall be made by the City Clerk
and shall be part of the records of the city Councl.l. The use of
other recording or telev1sion equlpment 1S permitted so long as
it is not disruptive of the meeting.
RULE 33. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally 1n order to
provide for the optimum in the free interchange of information
and public debate without an unnecessary waste of tl.me or
duplication of effort. These rules may be amended by resolution.
SECTION 2. Resolutlon Numbers 4525 ( CCS) , 4548 (CCS), 4570
( CCS) , 4631 (CCS) , 4848 (CCS) , 4909 (CCS), 6387 ( CCS) , 6744
- 29 -
.
.
(CCS), 7212 (CCS) , 7279 ( CCS) , 7353 (CCS) , 7417 (CCS) , 7447
( CCS) , 8168 ( CCS) , and each of t~,_ and any other resolution
~--
adopting, amending, or relat1ng to C1ty council Rules of Order,
are hereby repealed in its ent1rety.
-
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:
~~
JO PH LAWRENCE
Acting city Attorney
- 30 -
.
~
_-r~ ~
Adopted and approved this 13th day of October, 1992.
-
-
I hereby certify that the foregoing Resolution No. 8489(CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on October 13, 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
A;:LJr~
~ City Clerk(
ROD Tr,) '..,F
\ '
CITY OF SANTA MONICA DeT 1 3 1992
INTER-DEPARTMENT MEMORANDUM
DATE: October 8, 1992
TO: Mayor and Councilmembers
FROM: Clarice E. Dykhouse, city Clerk
SUBJECT: City council Rules and Procedures
Attached for your consideration is a sample of a "Request to
Register written Comments" currently used in another City. The
availability of this form in my office and at the Council meeting
would provide an alternative for the public to express their
views on agenda topics when they are unable to attend a meeting,
have to leave the meeting before the item is considered or do not
wish to address the Council during the public discussion time.
r am often asked by people during the Council meetings if there
is a way to voice their support or opposition to an item without
speaking, as some people are not comfortable speaking in public.
This request form would satisfy their needs.
There are several ways these requests could be handled:
1. Any requests received by my office during the day could be
photocopied for each Councilmember's review at the meeting.
2. Requests received during the meeting could be placed in a
special folder which could be circulated by the Council.
3. The Mayor or myself could read the names of those submitting
requests into the record prior to public comments, indicating
whether they are in favor, opposed or neutral regarding the
item. These names would also appear in the minutes.
4. These requests could also be attached to the top of any
written material I receive from the public during the council
meetings. Quite often the material is not identified by
agenda number and I do not know who left the material at my
seat.
Should the Council wish to begin using these request forms the
Rules of Order and Procedure for the Conduct of City Council
Meetings Resolution would need to be amended by the City Attorney
on page 17, under Rule 17. Addressing the City Council, g.
Requests to Register Written Comments. Each person wishing to
register written comments to the City council, in lieu of
speaking orally, may register with the city Clerk his or her name
and address and comments prior to any discussion of that item at
the City council meeting or during regular city Hall business
- 1- ,q~D 1l) ,-p
OCT 1 3 1992
- ~-
hours in the city Clerk's office prior to the City Council
meeting. These written comments will be considered part of the
official proceedings and included in the city council meeting
minutes. ;
CE D : j j
xj
- 2 -
--- - ~ ---
Should YOu nOl WISh to speai;; before the Council. vou may use the RequesllO ReglSter Wntrl!n ConvrlCnrs
form
. REQUEST TO REGISTER WRITTEN COMMENTS
PLEASE COMPLJ:al;: THE FOLLOWING INFORMATION TO REGISTER YOUR wrun~
COMMENTS TO TIlE CIn' COUNcn.. IN LIEU OF SPEAKING ORALLY YOUR COMMENTS
WILL BE CONSIDERED PART OF nn:; omCIAL PR(): ...:r.-nINGS AND wn.L BE INCLUDED
IN THE CITY COUNcn.. MEEnNG MINUTES (please Prutt).
i MEETING DATE. AGENDA ITEM NUMBER.
I AGENDA lTI1.E OR SUBJECI' TO BE ADDRESSED
~ PLEASE CHECK ONE
,] 0 IN FAVOR 0 IN OpPOSmON o NEU'11W.
.I
'WRlnJ::.1'ol COMMENT (use other sxie If n~~~ry) I
i
NAME.
. STREET ADDRESS. CITY I
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