SR-080522-8A~~~
~;tYa, City Council Report
Santa Monica
City Council Meeting: May 22, 2008
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposal to Amend the Rules of Order and Procedure for the Conduct of
City Council Meetings
Recommended Action
City staff recommends that the Council consider adopting the attached resolution
amending the Rules of Order and Procedure for the Conduct of City Council Meetings
and repealing resolution Number 9932, which established the present rules.
Executive Summary
The City Council constantly strives to makes its meetings as productive, inclusive and
efficient as possible and periodically reviews its own rules of order to ensure that they
facilitate that effort. The attached proposed revisions to the present rules encompass
many suggestions made by Council members over the last year and some suggestions
from staff. Because the current rules strike a sound balance-between the needs for
robust public process and efficiency, most proposed changes are relatively minor. They
would clarify some provisions, incorporate existing practices, and address questions of
process which have arisen in recent months. The most significant changes proposed
are establishing a requirement relating to the number of Council members necessary to
conduct aquasi-judicial hearing and revising time limits for both early speakers and
supporters speaking on Written Communications.
Background
The Council rules were last revised in early 2004 by adoption of Resolution Number
9932. Since then, Council. members, City management and members of the public
have continued to express concerns about the length of Council meetings. Despite the
best efforts of the Mayors; Council members, and. City staff to maximize efficiency
without forsaking public process; the meetings often run into the early morning hours,
when most members of the pubic are unable to participate. In part, this reality reflects
the volume of City business, which is huge relative o the City's population. It also
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reflects the community's commitment to prdcess and participation, values which all
concerned share and honor. .Nonetheless, in order to maximize efficiency consistent
with the workload and. community values, many suggestions .have been made for
shortening agendas and managing the Council's workload. A number of those
suggestions have been implemented; others are addressed in this report.
Additionally, one significant question has arisen about the process for quasi-judicial
Council hearings. The City Charter specifies that four Council members constitute a
quorum and that Council action requires four. votes. The Rules reflect the Charter's
requirements. Thus, under local law and the Council Rules aquasi-judicial hearing
could be conducted by four Council members and unanimity would be required for the
appellant to prevail.- Last year, some Council members and members of the community
raised the question of whether fairness would be better served by allowing the appellant
to continue the hearing to a meeting when more .than a mere quorum of Council
members would be present.
Additionally, Council practice has suggested some possible Rule changes. For
instance, when the Council votes to hear a late speaker it virtually always grants one
minute, and the Council routinely addresses agenda management at very lengthy
meetings. Both these practices could be incorporated into the rules. Finally,
experierice has also revealed two ambiguities in the Rules. For example, Rule 12(h)
("Calling the Question") does not. expressly require a Council vote; yet, that requirement
is probably implicit. Updating the rules affords an opportunity to make the Rules
clearer
Discussion
As noted above, two of the proposed amendments in the attached resolution are
particularly significant.
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Number of Council Members Hearing Appeals
First, in order to address concerns about the number of Council members participating
in an appeal, staff suggests that the Council consider a rule similar to the Planning
Commission practice of allowing an applicant or appellant the opportunity for a
continuance when only a mere quorum of four Council members-would hear the appeal.
This change is not required by law. The Charter authorizes action by four Council
members, and there is no Due Process violation attendant upon, in effect, requiring an
appellant to secure a unanimous vote. However, changing the. rules to ensure that five
Council members would hear each appeal could have the salutary effect of promoting
public confidence in the appeal process. Staff recommends it on that basis.
Adjustments to Time Limits
Second, staff recommends adjusting time limits. Many suggestions have been in this
area in order to attempt to shorten meetings. For instance, Council members have
inquired about establishing time. limits for each agenda item. In general, staff
recommends against this approach because it could foreclose individuals from speaking
to the item, which would likely violate the Brown Act, and because it might conflict with
the high. value that the City places on public participation. However, there is one
context ih which ari overall time limit might be appropriate: agenda items listed under
Written Communications.
Written Communications generally fall into two categories. Some involve ah individual
concern. -often raised by a community member who feels that City law or policy is not
being appropriately applied in a particular case. Other Written Communication items
involve proposals for a change in legislation or City policy. In recent years, there have
been many occasions on which the proponent of a piece of legislation or policy spoke
under Written Communications and was accompanied by a large number of supporters
who also spoke. The Council addressed this situation in the last set of rule changes by
adopting a one minute time limit for persons speaking in support of another's item. Rule
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14(d). Despite this rule change, there have been a number of occasions on which the
proponent of a new law or policy was accompanied by many supporters and, even with
the shortened time limit, the matter took a significant period of time. That amount of
time may not be necessary to ensure sound public process because a policy proposal
made under Written Communications in which the Council was interested would return
to Council, either as an ordinance or staff item. Therefore, staff recommends that the
Council consider adding an overall time limit, per item, for Written Communications of 6
minutes. Thin would allow the proponent. of the matter to use their three minutes and
also allow three others to speak. The group could choose its speakers, could also
submit written materials, and would have another opportunity to speak if the matter
were brought back to Council.
Staff also recommends that the Council consider changing the time limits applicable to
early speakers. Over time; Council has adopted the practice of allowing certain classes
of speakers to speak early on any agenda item or on public input, ahead of all other
Council business. The rationale for this privilege has apparently been that the early
speakers needed to leave the meeting early because of special needs or trarisportation
issues. However; hearing early speakers has become routine at each meeting, and it
has the effect of delaying the start of the meeting., which is inconvenient for .all others
who are awaiting the start of regular business. Therefore Council might wish to re-
examine its practice and consider special time limits for early speakers so that
consideration 'of the regular agenda may begin promptly. Anyone who might wish to
speak early would, of course, have the option of taking their turn later .along with
everyone else, speaking early for a shorter period of time, and/or submitting their views
in writing. Staff is recommending one minute per item limits for early speakers.
Council members have also asked about the possibility of shortening the present,
general three minute time limit to two minutes. This is a policy decision for Council.
Staff notes that Council considered this idea when the rules were last changed, and it
was rejected:
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Additionally, it has been suggested that .staff report time should be limited. The
Manager currently directs staff members to limit their reports.. So, a rule change is not
necessary; however, Council may wish to include a limitation in the Rules. If so, it can
be drafted at the meeting.
Likewise, it has been suggested that deliberation periods should be shortened, either by
limiting individual Council members remarks or otherwise: The Manager's Office
currently prepares a proposed time schedule for the meetings. This function could be
incorporated into the rules with an admonition to observe the time estimates if Council
feels doing so would help make meetings more efficient. Staff notes that the rules
currently allow for setting time limits for each Council member. Rule 12 (i)["Prior to
beginning deliberation, the Council may, by atwo-thirds vote of those present, limit the
amount of time that each Council member may spend stating his or her views on a
particular agenda item."] In lieu of somehow incorporating the times estimates into the
Rule, Council could simply opfito utilize this provision.
Finally, Council may wish to incorporate into its rules the custom of allowing only one
minute on late chits. This limitation inconsistently applied, and adding it to the Rules
would enhance notice of the practice.. As proposed in the attached resolution, Council
would retain its discretion to hear late chits or not; .but no late chits would be heard for
longer than one minute unless Council also voted to change its rule.
Changes to Enhance Efficiency and Participation Through Scheduling and Agenda
Management
Several suggestions have been made relating to scheduling and agenda management.
Council members have suggested scheduling special meetings for items of very
significant public interest. The Manager already endeavors to do this; and Council may
wish to include some reference to this practice in its rules but that is not necessary.
Council members have also suggested placing major issues early on the agenda. The
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Rules govern the order of business, which can be changed by a Council vote. So, no
rule change is necessary or recommended.
Council members have also suggested considering agenda. management and the
decision to continue past 11:OOpm at specified times so that members of the public
could better anticipate when or if particular matters would be heard. Thus, for instance,
the rules could specify that agenda management issues would be considered at or
about 9:OOpm and the. decision as to whether to continue past 11:OOpm would be made
at 10:30pm. If Council wishes. to add such a provision to the Rules, staff will propose
language at the meeting.
At least two Council members have also suggested changing the practice of conducting
closed sessions after the consent calendar. That practice often keeps the public waiting
past 7:OOpm because the length of closed session discussions is difficult to predict.
This proposal has been considered and rejected previously but probably warrants
renewed consideration. Implementation would require a,rule change; which staff could.
draft at the meeting. Other Council members have suggested conducting special
meetings entirely devoted to closed session discussions of litigation and giving staff
expanded settlement authority on routine cases to conserve the Council's time. No rule
change would be necessary to do. closed sessions at special meetings. The proposal to
increase staffs settlement authority is beyond the scope of this report and will be
addressed at another time.
Changes Which Would Enhance the Clarity of the Rules
Two changes are proposed to enhance the clarity of the rules.. Rule 12, "Rules of
Debate," includes a provision on calling the question. 12(h) provides: "Neither the
moving party nor the party seconding any motion is allowed to call for the question."
Staff recommends adding that Council must vote on calling the question, otherwise a
single Council member could terminate debate so long as he or she neither made nor
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seconded the motion. Additionally, staff recommends modifying Rule 14(f) to clarify
that, on appeals, the appellant speaks first and last..
Miscellaneous Changes
Staff also recommends a few minor changes to conform the rules to practice and make
them more complete. Thus, staff recommends modifying Rule 15, entitled "Rules of
Conduct" to clarify that the conduct rules protect safety as well as order. Staff also
recommends changing Rule 18 ("Voting Procedure') to eliminate the reference to
electronic voting.
Financial Impacts & Budget Actions
No direct financial impacts are foreseen as a consequence of updating the Council
Rules.
Prepared by:
Marsha Jones Moutrie, City Attorney
Maria Stewart, City Clerk
Don Patterson, Assistant to the City Manager
Approved:
Forwarded to Council:
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MAY 2 ~. 2C08
City Council Meeting: May 22, 2008
RESOLUTION NUMBER
(City Council Series)
Santa Monica, California
(CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 9932 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby
established as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules, the City Charter, the Municipal
Code, or applicable provisions of state law, the procedures of the City Council shall be
governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of two-
thirds (2/3) of the Councilmembers present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the
City Council establishes the second and fourth Tuesdays of each month as the days for
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holding regular meetings of the City Council. The regular meeting shall commence at
5:45 p.m., for consideration of the Consent Calendar and Closed Session, or for
Consent Calendar and Study Session, provided a Closed Session is not scheduled. It
is the intention of the City Council that all other agenda items shall commence no earlier
than 6:45 p. m. If a Closed Session and a Study Session are scheduled for the same
meeting, then the Closed Session will be held after the Consent Calendar and the Study
Session will be held immediately after Council reconvenes at 6:45 p.m. or as soon as
possible thereafter: If any such Tuesday falls on any day designated by law by the City
Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be
held on the date of the regular meeting next following said Tuesday at the hour
heretofore fixed or at such other day as may be fixed. The City Council Chamber in City
Hall is established as the place for holding its regular meetings.
RULE 3. QUORUM AND ACTION.
In accordance with Section 614 of the Santa Monica City Charter, four
Councilmembers shall constitute a quorum for the transaction of business. Except as
otherwise provided in the Charter, or other law or these rules action shall be taken by a
majority vote of the entire membership of the City Council. However, in the case of a
quasi-judicial hearing, if only four Councilmembers are participating, the applicant or
appellant shall be entitled to request and receive a continuance of the hearing, until
such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the
presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember
shall respond when his or her name is called and the Clerk shall announce the result.
Such proceedings shall be without debate, but no Councilmember who is speaking may
be interrupted by a question as to the presence of a quorum.
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RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED
SESSIONS.
As required by the Ralph M. Brown Act (the "Brown Act"), California Government
Code Sections 54950, et seq all regular, adjourned regular and. special meetings of the
City Council shall be public, provided, however, the City Council may meet in a Closed
Session from which the public is excluded, for those purposes authorized by the Brown
Act.
No Councilmember, employee of the City, or any other person present during a
Closed Session of the City Council shall. disclose to any person the content or
substance of any communication which took place during the Closed Session unless
the City Council specifically authorizes the disclosure by majority vote or unless the
disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager
as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in
the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to
Councilmembers on the Thursday preceding the Tuesday City Council meeting to which
it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within
the City Council's jurisdiction be placed upon the Agenda. Councilmembers should
endeavor to submit agenda items by 3:00 p.m. on Thursday in order to ensure that
matters will be agendized for the following Tuesday. Subject to Brown Act
requirements, items submitted after 3:00 p.m. Thursday will be agendized for the
following Tuesday if possible.
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Councilmember items may only be combined with other items on the agenda
by a vote of the Council. A Councilmember who wishes to combine his or her item with
another item on the agenda may direct that the following language be included with the
agenda item: "This item may be considered with Item ." The City Manager may
combine staff items on the agenda in order to ensure that the public's business is
handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the Brown Act.
Copies of the Agenda shall be posted in the City Clerk's office and in the lobby of the
Police Department. The City Clerk shall maintain on file in his or her office declarations
establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda
unless the item is added to the Agenda in the manner required by the Brown Act.
(f) Matters directed to be placed on the Agenda at the direction of
Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk.
(g) Written requests to the City Council shall be received and opened by the
City Clerk and referred to the City Manager or his or her designee and either shall be
transmitted to the appropriate board, commission or staff member or shall be placed on
the Agenda if City Council consideration is deemed appropriate by the Mayor or City
Manager. Written requests being agendized shall be scheduled for Council
consideration at the earliest convenient meeting, taking into consideration the length
and content of meeting agendas. Members of the public submitting written requests
shall be advised of how their request is being handled. Councilmembers shall receive
copies of those written requests which are not agendized. Agendized communications
shall be listed on the Agenda in order of receipt. No communication shall be placed on
an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
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(3) Advocates or opposes the candidacy of any person or party for any
elective office.
(4) Is primarily an advertisement or promotion or has as a substantial
purpose, the advancement of any cause the major benefit of which is private and not
public.
Members of the public submitting written requests to the Council are encouraged
to limit their submissions to one per meeting.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner
specified below. The order may be changed by a majority vote of those present. The
following is the order of business for items to be heard beginning at 5:45 p.m.:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolution which do not necessitate a separate public hearing and which are determined
in the Agenda preparation process to be relatively non-controversial. Ordinances for
second reading and adoption may be placed on the consent calendar if all members of
the City Council were present when the vote for first reading and introduction took place.
and this vote was unanimous. The consent calendar shall be considered as one item
regardless of the number of matters appearing on it and may be approved by a single
vote. The title to the individual consent items need not be read unless a request to do
so is made by any Councilmember. Members of the public shall have no more than one
opportunity to address the City Council concerning any and all items on the consent
calendar. Members of the public shall be heard prior to City Council consideration of
the consent calendar. Councilmembers may request to have individual matters
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removed from the consent calendar so that they may be heard on those matters. All
matters remaining. on the consent calendar may be approved by a single vote. Any
items removed from the consent calendar shall be considered separately in the order of
their appearance on the Agenda. Removed items may be heard immediately following
the consent calendar or may be heard after the City Council concludes Closed Session
or Study Session.
(e) Study Session or Closed Session. During Study Sessions staff will
present information regarding a complex matter that will be subject to Council
deliberation and decisions in the future. No Council action will be recommended or
taken as part of the Study Session. A Closed Session may be held at any time deemed
necessary in accordance with the requirements of the Brown Act.
The following is the order of business for items to be heard beginning at 6:45 p. m.:
(a) Inspiration.
(b) Special Ceremonial Agenda Items. This item includes proclamations,
commendations, introductions of special guests, special meetings, and presentations
and reports by other non-City public entities or legislative bodies.
(c) Removed Consent Calendar Items. Each item will be considered
separately in the order of their appearance on the Agenda. Since members of the
public were given the opportunity to comment on any and all items on the consent
calendar earlier in the agenda, no additional public comment on these items will be
heard.
(d) Study Sessions, if Closed Session is also scheduled for the same
meeting.
(e) Continued Items: This item includes agendized items of a previous City
Council meeting not considered at such meeting. The City Council may vote by a
majority of its members to have acarry-over item placed on a subsequent agenda as a
continued item.
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(f) Administrative Proceedings. This item includes proceedings requiring the
City Council to make aquasi-judicial decision concerning an individual application or
appeal.
(g) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on
second readings.
(2) Introduction and First Reading.
(h) Staff Administrative Items. This category will include policy matters to be
considered by the City Council or at joint meetings of the City Council, Parking
Authority, Housing Authority, the Public Financing Authority and/or Redevelopment
Agency.
(i) Public Hearings. This item consists of public hearings required by
specific provisions of law.
Q) Reports of Boards and Commissions. Boards and commissions who may
present reports under this item include, but are not limited to, all City boards and
commissions and the boards of the Pier Restoration Corporation and the Bayside
District Corporation.
(k) Resolutions. A resolution will be considered under this item only if it
substance makes extensive public input advisable, or if it should be considered after
another item on the Agenda, otherwise the resolution will be considered on the Consent
Calendar.
(I) Written Communication. This item allows the Council to consider issues
raised by written submissions from the public.
(m) Councilmember Discussion Items. Staff items as deemed necessary
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(n) Public Input. This item allows members of the public to address the City
Council on matters that are within the Council's subject matter jurisdiction. No formal
action may be taken on any matter under this item unless the item is specifically
agendized.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes,
and any directions for corrections in the Minutes shall be made only by majority vote of
the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved without reading if the City
Clerk has previously furnished each Councilmember with a copy and unless a reading is
ordered by a majority vote of the Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In
the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of
both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to
order and a temporary Presiding Officer shall be elected by the Councilmembers
present to serve until the arrival of the Mayor or Mayor Pro Tempore or until
adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the
chair, subject only to such limitations of debate as are imposed upon Councilmembers
by these rules, and shall not be deprived of any of the rights or privileges of a
Councilmember by reason of his or her acting as the Presiding Officer.
(b) Duties. The Presiding Officer shall (1) preserve order at all meetings of the
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City Council, (2) state (or cause to be stated) each question coming before the
City Council (3) announce the decisions of the City Council on all subjects; and (4)
decide all questions of order subject to the right to appeal rulings on questions of order
to the entire City Council.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council
on any matter shall be sworn. On receipt of such a request, all proceedings shall be
suspended and the City Council will immediately vote on whether the individual should
be sworn. A majority vote of the Councilmembers present shall determine whether the
speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City
Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain
recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff
shall address his or her questions to the City Manager, the City Attorney, the City Clerk
or designated staff. Members of the City staff, after recognition by the Presiding Officer
shall hold the floor until completion of their remarks or until recognition is withdrawn by
the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be
interrupted when speaking unless he or she is called to order by the Presiding Officer, a
point of order or a personal privilege is raised by another Councilmember or the speaker
chooses to yield to a question by another Councilmember. If a Councilmember is called
to order, he or she shall cease speaking until the question of order is determined.
(d) Points of Order. The Presiding Officer shall determine all points of
order subject to the right of any Councilmember to appeal to the City Council. If an
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appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be
sustained?" Atwo-thirds vote of the Councilmembers then present shall conclusively
determine the appeal and the 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
safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the
introduction or adoption of an ordinance, resolution, or motion, shall have the privilege
of speaking last on the matter after all other Councilmembers have been given an
opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any
legislative 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 may be made at any time and shall be debatable. A motion by a non-
prevailing Councilmember or a request by a member of the public for reconsideration
may be made only if one year has passed since the action was taken.
(h) Calling for the Question. A question may be called by majority vote of
those present. Neither the moving party nor the party seconding any motion is allowed
to call for the question.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the
subject under debate. No Councilmember shall be allowed to speak more than once
upon any particular subject until every other Councilmember desiring to do so has
spoken. Prior to beginning deliberation, the Council may, by atwo-thirds vote of those
present, limit the amount of time that each Councilmember may spend stating his or her
views on a particular agenda item.
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RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or her
opposition to any action of the City Council entered in the Minutes. Such opposition
shall be made in the following manner:. "I would like the Minutes to reflect that I
opposed this action for the following reasons..."
RULE 14. PUBLIC TESTIMONY.
(a) Pursuant to the Brown Act, public testimony is permitted on all agenda
items, except ordinances for second reading, and the public shall have an opportunity to
comment on any matter which is not on the Agenda but is within the Council's
jurisdiction. However, members of the public do not have the right to give testimony
outside the scope of or unrelated to the agenda item under consideration. Additionally,
members of the public should strive to avoid unduly reiterating their own or others'
testimony.
(b) Registration. Any member of the public wishing to address the City
Council regarding any item on the Agenda for public discussion shall register with the
City Clerk prior to the start of the meeting, if possible, but no later than prior to the public
hearing on that item. Any request received after the start of the hearing shall be
considered late and may only be heard with Council approval.
(c) Manner of Addressina the City Council. After being recognized by the
Presiding Officer, each member of the public addressing the City Council shall go to the
podium, state his or her name and whom he or she is representing, if he or she
represents an organization or other person. Each member of the public is encouraged,
but not required, to also state his or her address, neighborhood, or city of residence.
All remarks shall be addressed to the City Council as a whole and not to any individual
member thereof. After a public hearing has been closed, no member of the public shall
address the City Council on the matter under consideration without first securing
Council approval.
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(d) Time Limits. Except on Written Communication, members of the public
shall limit their remarks to three minutes per agenda item unless the City Council grants
additional time by majority vote. For purposes of these Rules, the consent calendar
shall be considered one item. Persons speaking on another's written communication
and persons submitting late chits, who receive permission to speak shall be limited to
one minute. On Written Communication, those speaking on another's item may speak
only if the person raising the matter appears and testifies. Additionally, total time for
each item listed under Written Communication shall be six minutes. If the person who
raises the item does not appear and testify, the matter shall be received and filed and
persons wishing to speak on the matter may give their testimony during Public Input. A
member of the public wishing to speak on more than one item shall limit his or her
remarks to a total of six minutes per meeting unless the Council grants additional time
by majority vote. A member of the public may allocate time between items in one
minute increments up to three minutes. Testimony given as an applicant or appellant
does not count toward the six minute maximum. A Board or Commission member
reporting to the City Council on behalf of a Board or Commission shall not be subject to
these rules on time limits; however, Council may limit the duration of such reports.
(e) Special Time Limits for Lengthy Meetings. If fifteen or more members of
the public wish to speak on one item or if forty or more members of the public wish to
speak on any combination of items each speakers remarks on any Agenda item shall be
limited to no more than two minutes.
(f) Special Time Limits for Applicants and Appellants. Applicants and
appellants on administrative items shall limit their remarks to ten minutes and may
reserve some of their time for use for rebuttal at the conclusion of the public hearing.
The appellant shall have the opportunity to address the City Council first and last.
RULE 15. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present must preserve safety
and order. Members of the public should sit in the seats provided, unless addressing
the Council or entering or leaving the Council Chambers, should not block the aisles
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with personal belongings and should not bring audible equipment into the Council
Chambers including cellular telephones or pagers.
Any person who disrupts the meeting shall be called to order by the Presiding
Officer. If such conduct continues, the Presiding Officer may request the Sergeant at
Arms to remove the person from Council chambers.
The Chief of Police or such member or members of the Police Department as he
or she may designate, shall be Sergeant At Arms of the City Council and shall carry out
all orders given by the Presiding Officer through the City Manager for the purpose of
maintaining order at City Council meetings. Any Councilmember may move to require
the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the
City Council shall require him or her to do so.
RULE 16. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots.
RULE 17. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of a
conflict of interest. A Councilmember who abstains from voting consents to the decision
made by the voting Councilmembers.
RULE 18. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the
members answering "Yes" for an affirmative vote or "No" for a negative vote upon his or
her name being called by the City Clerk. Voting order shall be based on seating order
with each roll call vote beginning at alternating ends of the dais and the Mayor voting
last.
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RULE 19. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by
reason of a conflict of interest shall publicly state or have the Presiding Officer state the
nature of such disqualification and shall leave the dais prior to Council consideration of
the matter. A Councilmember stating such disqualification shall not be counted as part
of a quorum and shall be considered absent for the purpose of determining the outcome
of any vote on such matter.
RULE 20. TIE VOTE.
Tie votes shall be lost motions.
RULE 21. 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
or the Presiding Officer and prior to the time that the next item in the order of business
is taken up.
RULE 22. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item
requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) Council conducts Public hearing.
(e) Council deliberates.
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(f) A Councilmember makes a motion, another Councilmember seconds the
motion, and the Council debates it, with the maker of the motion having the opportunity
to speak last.
(g) The Presiding Officer or City Clerk restates the motion.
(h) The Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 23. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their
authorized representatives, shall attend and be present during all City Council meetings
and give necessary service and advice.
RULE 24. ADJOURNMENT.
Unless otherwise determined by a majority vote of those Councilmembers
present, all City Council meetings shall adjourn at 11:00 p.m., or as soon thereafter as'
the requirements of state law governing public comment are fulfilled.
RULE 25. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded by tape recorder. The
recording shall be made by the City Clerk and retained in accordance with the City's
record retention schedule. The use of other recording or television equipment is
permitted so long as it is not disruptive of the meeting.
RULE 26. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the
free interchange of information and public debate without an unnecessary waste of time
or duplication of effort. These rules may be amended by resolution.
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RULE 27. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council
meetings. These rules are intended to expedite the transaction of the business of the
City Council in an orderly fashion and are deemed to be procedural only. Failure to
strictly observe these rules shall not affect the jurisdiction of the City Council or
invalidate any action taken at a meeting that otherwise conforms to law.
SECTION 2. Resolution Number 9932 CCS and all other resolutions adopting,
amending, or relating to City Council Rules of Order, are hereby repealed in their
entirety.
SECTION 3. The City Clerk shall. certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Marsha Moutrie
City Attorney
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Pico Neighborhood Association
Board Of MAY 22, 2008
Directors
To: Santa Monica City Council
From: PNA Board of Directors
Maria Loyd Re: PNA Response To Benda Item 8A
Co-Chair
Dear Mayor Katz and Honorable Council Members:
Wes We appreciate all the time and effort you give to govern our City and to hear the
Thompson public petitions brought before you. We also appreciate that Council meetings
Co-Chair often run late into the night due to the number of issues before you and the number
participating in the debate.
Ana Jara Other neighborhood groups have submitted their concerns about the options
Vice Chair related to limiting the time permitted to speak. The PNA fully supports their
arguments. We would like instead, to address the even more alarming staff
recommendation, namely, limiting the NUMBER ofpeople who can actually
Irma Carranza participate in the discussion.
Treasurer
The Staff Report, page 5, regarding Written Communications states "that Council
consider adding an OVERALL time limit, per item...of 6 minutes... allow the
Kristind proponent...to use 3 minutes and allow 3 others to speak" (one minute each).
"
Lizamd The group could choose its speakers...submit written materials...and would have
Secretary another opportunity to speak IF the matter were brought back to the Council".
This Staff option totally violates the most basic principals of Parliamentary Order
Joseph Blanks and democratic principal: namely the individuals right to be heard, the right to
protest, and the right to seek to convince. Furthermore, it is full of assumptions. It
assumes the following:
Catherine
Eldridge • That all speakers are or would want to be part of a group
• That all speakers have access to the "group" and the matters presented to
council prior to the meeting
Gina De Bdcd • That all speakers are part of the majority (In fairness to the opposing side,
would the Council only permit the 3 additional speakers to be of the minority
Mike Jackson opinion?)
• That 3 speakers, speaking for cne minute each, can express EVERYONE'S
opinion and ALL relevant points
Lu pe Kpachavi That participation should ONLY be permitted if you prepare ahead of time and
can agree as to WHO should be the representative speaker
Clyde Smith The most egregious assumption is that it implies that the number of individual
speakers and their comments have NO IMPACT on the decision of the Council
regarding whether or not the item will be returned at a future date.
We respectfully request instead that you choose to hold additional and separate
Closed Session meetings rather than limit public debate and participation.
Thank you for your time and consideration.
Sincerely,
4'ico Neigk6or6oodAssociation Board of Directors
Reference
Resolution No.
10290 (CCS).