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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 , r 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 - 2 - ., . CA:RMM:lld653/hpca/pc city council Meeting ~O-~3-92 Santa Man~ca, California .s-___ ~ - 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 - ~ - . . . 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 - 2 - . . 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. - (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 - 3 - , , 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 - 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: - 4 - . , (1) The Clty Manager shall consult with the Mayor ~---- and Mayor Pro Tempore l.n 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 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. - 5 - - - - - -- . (iii) The item was posted for a prior meeting of the legislative body occurrin~q~ more than five calendar -=--- -- 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 - action is being taken. (6) Matters directed to be placed on the Agenda by . 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 - 6 - 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 - 7 - 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 - 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: (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 - 8 - 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 - 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 - 9 - 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 - 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.) - 10 - (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 - 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. - 11 - ---- - - --- - - RULE 7. PREPARATION OF MINUTES. The city Clerk shall have...,-exqlusi ve responsibility for -=r-__ 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. 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 - 12 - 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 - govern and determine conclusively such question of order. ( c) Signing of Documents. The Presiding Officer shall . 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. - 13 - --- ---- The city council shall have the power and authority to -=:-- compel the attendance of wi tnesse~ t9 examine them under oath, -- 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 - 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 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 - 14 - 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 - 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 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 - 15 - 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 - 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 " . . . . - 16 - 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 - governed by the latest revised edit10n of Roberts Rules of Order. The City Councl.l rules, or any one 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 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 - 17 - 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 - Proceeding item, in which case a person shall limit his or her remarks to ten ml.nutes. All remarks shall be addressed to the 6 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 - 18 - - - - -- 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 - 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. - 19 - RULE 18. RULES OF DECORUM. ~-- (a) Councilmembers. When ~ G~ty 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 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 - ( - 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 -