Loading...
R-10525City Council Meeting: September 14, 2010 Santa Monica, California RESOLUTION NO. 10525 (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 10382(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 asfiollows: 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 shalt 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. 1 Rll~E 2. ~'iB A F~~.C ~G~ #°iOLL3It~ REGd3A ~"~~°pfR9GS. i~iJLE 3. ll{3U At~D t~;CTI E•2C3C. 4. TICS TG E F't4~.(C ~XCPT'I~ C} CL,~SE SSSC~~VS. As required by the Ralph ~. Brown Act (the "gown Act"), California Government Code Sections 54950, et seq ali regular, adjourned regular and special meetings of the Z City Gounoi( shall be publio, provided, however, the City Council may meet in a Closed Session from which the public is excluded. for those purposes authorized by the E3rown Act. o Cossnoilmember, 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 specifioally authorizes the disclosure by majority vote or unless the disclosure is required by law. ~telL 5. Ad°a~IVL3A, The City C'serk shall prepare the Agenda under the direction of the City Manager as follows: {a} The City Manager shall consult with the Mayor acrd Mayor Pro Tempare in the preparation of the Agenda. {b} The Agenda and all available supporting documents shall be delivered to Counciltr3embers on the Thursday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible. {o} Any Counciimember 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:f}0 p.rra. on Thursday in order to ensure that matters will be agendized far the following Tuesday. Subject to Brown Act requirements, items submitted after 3:Ofl p.m. Thursday will be agendized for the following Tuesday if possible. Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Counoilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be inoiuded with the agenda item: "This item may be considered with Item ." The City Manager may 3 oombine staff items on the agenda in order to ensure that the public`s business is handled efficiently and conveniently. {d} The City Clerk shah post the .Agenda as required by the Srown Act. Copies of the Agenda shall be posted in the City G(ark's offioe and in the 9obby of the Poiiee Department. The Gity Clerk shad maintain on file in his or her office dec]arations establishing compliance tivith the posting requirements. {e} hio action shall be taken on any item hot appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Srown Act. {f} ~,latters directed to be placed on the. Agenda at the direction of Councilmebers shall be listed on the Agenda in the order of receipt by the City Clerk. oopies of those +,vritten requests vuhich are not agendized. Agendized communioations shall be listed on the Agenda in order of receipt. (~o oor~munioation shall be placed on an Agenda if it contains material that: {9} Is profane. {2} 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 ar promotion ar has as a subs#antial 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 Caunai! are encouraged to li(TPit tllelr SUbmiSSianS to one per meeting. RtlL~ 6. CAT~Ca(~RkS A~IC3 {JR~R t7F ~Cl65. The business of the City Caunail shall be conducted in the order and manner specified below. The order may be changed by a majority vats of these present. The foilawing is the ©rder of business: (a} Call to Carder. {b} Salute to the gag. {c} Roll Call. {d} Ckased Session. {e} Inspiration. {f} Special Cerernaniai Agenda Items. This item includes proclamations, aammendations, introductions of specie{ guests, special meetings, and presentations and reports by ether non-City public entities ar legislative bodies. {g} Consent Calendar. The consent oalendar steal! consist at the approval of 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 shaC! have no more than one opportunity to address the City Council aancerning any and aII items- on the consent calendar. Members of the public shall be heard prior to City Counci! consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard an these matters. A!! matters remaining on the cansent calendar may be approved by a single vote. Any items removed from the cansent 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. {h) Study Session. During Study Sessions staff will present information regarding a complex matter that wi!! be subject to Counci! deliberation and decisions in the future. No Counci! action wi!! be recommended or taken as part of the Study Session. {i} Continued €tems. 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 cantlnued item. {j} Administrative Proceedings. This item includes proceedings requiring the City Council to make aquasi-judicial decision concerning an individuaC application or appeal. {k) C3rdinances. {1) Second Reading and Adoption ~[o public discussion is permitted on second readings. (2} lntroductlon and C~irst Reading. 6 {I) Staf€ Administrative Items. This category will include palicy matters to be cansidered by the City Caunaii ar at faint meetings of the City Cauncil, Parking Authority, Housing Authority, the Public Financing Authari#y and/ar Redevelopment Agency. {m} Public Hearings. This item consists of public hearings required by specific provisions of law. {n} Reports of wards and Commissions. Boards and aammissians who may present reports under this item inaluda, but are not limited to, al9 City beards and commissions and the beards of the Pier Res#aratian Corporation and the Wayside District Corporation. {o) Reso9utians. A resafutian wil9 be cansidered under this item only if it substance makes extensive public input advisable, ar if i# should be cansidered after another item an the Agenda; otherwise the resolution viii be cansidered an the Consent Calendar. {p) Written Communication. This item ailaws the CounaiE to consider issues raised by written submissions from the public. {q) Couneiirnember Disaussian Items. Staff items as deemed necessary {r) Public Input. This item aliaws members of the public to address the City Cauncii an matters that are within the Caunoil's subject matter jurisdiction. i~!a faunal aatian may be taken an any matter under this item unless the item is specificalEy agendized. tJL~ 7. P~2~P,'~RAl'1C3 ~F 1~341TS. The City Clerk shall have exclusive responsibility far preparation of the Minutes, and any directions for carreatians in the Minutes shat! be made only by majority vats of the Ci#y Cauncil. 7 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. FtL~ ~1~6f~ PFtC~. adjournment. ~tSL~ 1£~. l~~'~U~ ~i~ t1TlE~ ~F PRI~It~ SPICE. {b} Duties. The Presiding Officer shall {~) preserve order at a(I meetings of the City Council, {2j state {or cause to be stated) each question coming before the City Council {3} announce the decisions of the City Council on a(I subjects; and {4j decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Cour€cil. tZE3~E 1~, Vt~C3pd °I°E~TIII~C}~!l' At~~ ~CIB~{~E~~ ~~Ete. Rny Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all prescsedings shall be suspended and the City Council will immediately vote on whether the individual should e 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 shat( have the power to issue subpoenas as provided in City Charter Section 5i4. F~t1L~ 2, IJL~~ C3P ~~~~1"~. {a} Gettingthe FI_oor. A Councilmember desiring to speak shall gain recognition by the Presiding C7fficer. {c} interru tp ibnS. A Councilrr~ember who has the floor shall not be interr~ipted when speaking unless he or she is called to order by the Presiding Of€icer, 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 coiled to order, he or she shall cease speak€ng until the question of order is determined. {d} Points of Clyder. The Presiding Offiicer shelf determine all points of {e} Point of Persona! Privilege. The right of a Councilrr~ember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember's integrity: charaoter, or motives are questioned or where the safety or welfare of the City Ctauncil is conoerned. 9 {f} Privilege of Final Corrtment. The Councilmember moving the introduction or adoption of an ordinance: resolution, or motion, shall have the privilege of speaking last on the rr~atter after all other Counoilmembers have been given an opportunity to speak. {g} lotion to Reconsider t_e illative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers an 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. interrupt or cut off a particular speaker. views on a particuiar agenda item. tt~ 3 S. P~T~T t1C,A&~~T C9TY CC7t~C3L AGl°I{?o Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Caunoil entered in the minutes. Such opposition shall be rr~ade in the following manner: °I would like the finutes to reflect that l opposed this action for the following reasons... ~~ 1fl ~~ {e) Spec€al 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 conciusion of the public hearing. The appellant shall have the opportunity to address the City Counoii first and fast. {f} S eci~al~Assist~nce for Those Who Cannot lNait_fo Speak,., iv[ebers of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the Council. F2lli, °l5, CtL~~ CBP CLt~I" AR9D SA°C1', Any person who disrupts the meeting shall be cal9ed to order by the Presiding C3fFicer. if such conduct continues, the Presiding {~fPicer may request the Sergeant at Arms to remove the person from Council chambers. 12 After each municipal election, the City Clerk shal€ determine City Council member seating order by drawing lets. RCIt_E 7. ETIT<mEIET Tt7 V~i'E ~N~ FAt~.F2E TtJ lfC3T"E. 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 Caunaiimembers. MILE 1 V~~`Ih9 ~GEE~tl1~E. I~t1~E 99. L31SlD~,I~IFICA°tt,~ FC}~ ~t3l=LICE C} I~IT'ET. 13 Rt1~E 20. Tt~ 08t)T~. Tie votes shat! be lost motions, ilt_~ 21. t;tiAClh40 ~OT~e The vote of a Councilmember may be changed only if he or sha makes a timely request to do so immediately following the annauncement 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. t~L~ 22. POCC}U O~ AOL7~ lT~~ t?~tlI@~O ,4 ~a50TO. The follo~,ving 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) Ccruncii conducts Public hearing. {e) Council deliberates. {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. ~4 t.tL 23. ~'[a?~[N~~ {?F D9TY STAFF Ai° CITY GC3C9NCI1. ~T[N~~. The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shat( attend and be present during all City Council meetings and give necessary service and advice. llL~ 2~. ADJ~l3~S~~I~NT. No new item; other than ['ublic Input; shall be considered after 11:fl0 p.m., unless consideration is approved iay atwo-thirds of the Councifinebers present. IaJ[m~ 25. I2CC3i2D F ~~TIN~. Ali public meetings of the City Council shall be recorded by tape recorder. The recording shah be made by the City Clem 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. U~~ 26. IN°f~~PTAT9C3N AND {:7D[FI~ATI~N C7F ThI~ t![r5. These rules shall be interpreted liberally in order to provide for the optimum in the fires interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution. SDI.. 27. FAfLi1N~ T {3~sEV~ RtIL~~ ~F ~D~, 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 shaft not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law. 15 Adopted and approved this 14th day of I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10525 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of September, 2010, by the following vote: Ayes: Councilmembers: Holbrook, McKeown MayorShriver, Mayor Pro Tem O'Connor Noes: Councilmembers: Bloom, Davis Abstain: Councilmembers: None Absent: Councilmembers: O'Day ATTEST: Maria M. Stewart, ity Clerk