SR-012709-13d13-D
January 27, 2009
Council Meeting: Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: City Council
From: Mayor Genser
Date: January 27, 2009
13-D: Request of Mayor Genser to consider providing notice of amending Rule 6
of Council Rules Resolution No. 10290 (CCS) relating to the time for
holding and reconvening from closed sessions.
13-D
January 27, 2009
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City Council Meeting: May 22, 2008 Santa Monica, California
RESOLUTION NUMBER io29o (CCS)
(City Council Series)
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 (GCS)
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-
#hirds (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
holding regular meetings of the City Counc'iI. The regular meeting shall commence at
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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 aA other agenda items shall corr7mence 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 oh any day designated by law by the Gity
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 Char#er, four
Councilmembers shall constitute a quorum far 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 roil, 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 comrpunication which took place during the. Closed Session unless
the City Council specifically authorizes the disclosure by majcrity 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 Ci#y 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 Gity 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 fhe
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 pubiic'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 comp#iance 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 fisted 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 manrier
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) Roli 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. Counciimembers may request to have individual matters
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removed'fram 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 Brawn 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 additionaP 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 mee#ing. 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.
(j) 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 Corporatioh.
(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 resolu#ion 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 jurisdictioh. 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 Counciimember 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 aN meetings of the Gity 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 Gity 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.Of#icerrnay move, second, and debate from the
chair; subject only to such limitations of debate as are imposed upon Councilmembers
by these rules, and shalt not be deprived of any of the- rights or privileges of a
Counciimember 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 Counci(
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 #o speak shall gain
recognition bythe Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to questien 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 #o 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?" The Presiding Officer's decision may be overruled by a,two-thirds vote of
the Councilmembers then present.
(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 Legfslafive Actions. A motion to reconsider any
legisla#ive 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 it 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. However; neither the moving party nor the party seconding any motioh
may call for the question, each Councilmember shall be afforded one opportunity to
speak on each item before the question is called, and a question may not be called to
interrupt or cut off a particular speaker.
Q) Limitation of Debate. Councilmembers shall limit their. remarks to the
subject under debate. No Councilmember shall be allowed to speak more than once
upori 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
vievvs 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 1
opposed this action for the following reasons..:"
RULE 1A. 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 aveid unduly reiterating their own or others'
testimony.
(b) Registration. Any member of the public wishing to address the Ci#y
Council regarding any item on the Agenda for public discussion shall register with the
City Clerk prior to the start of the mee#ing, 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 Addressing the Citv 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 two 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 communicatioh
and persons submifting late chits, who receive permission to speak -shah 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. 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 two 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 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 fhe opportunity to address the City Council first and last.
(f) Accommodation to Speakers with Special Needs. Members of the
public with special needs, including children, seniors and people with disabilities may
request and the Presiding Officer may grant permission to speak early.
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 en#ering 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. ENTITLEiUIENT 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 Counci(members.
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 ofi 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 #ollowed 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 las#.
(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 t heir a bsence, their
authorized representatives, shall attend and be present during all City Council meetings
and give. necessary service and advice.
RULE 24. ADJOURNMENT.
No new item, other than Public Input, shall be considered after 1.1:00 p.m. unless
consideration is approved by a two-thirds vote of the Councilmembers present.
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 28. 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 wasfe 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:
Mar a Mouty"e
City orney ~.J
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Adopted and approved this 22nd day of May,
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Resolution No. 90290 (CCS}was duly adopted at a
meeting of the Santa Monica City Council held on the 22nd day of May, 200$, by the
fallowing vote:
Ayes: Council members: Genser, Holbrook ,McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST;
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Denise Anderson-Warren, Acting City Clerk