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SR-01-14-2014-3ICity Council Meeting: January 14, 2014 Agenda Item: 3-1 To: Mayor and City Council From: Sarah P. Gorman, Records & Election Services Director Subject: Resolution Amending the Rules of Order and Procedure for the Conduct of Council Meetings, Including Allowing Donating Time to Another Public Speaker Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution amending the Council Rules: to allow members of the public to donate two minutes per agenda item to another speaker; remove Rule 24 Adjournment timing; clean -up some of the language, and repeal Resolution Number 10643 (CCS); 2. Direct staff to monitor the number of donations and the amount of time spent on public comment for a period of one year. Executive Summary Currently the City Council Rules do not permit donation of time to another public speaker. At this year's City Council retreat, the City Council expressed their desire to allow members of the public to give an additional two minutes of speaking time to a representative who may better express their views. Another matter decided at the retreat was the elimination of Rule 24, which states no new items can be called after 11:00 p.m. other than Public Input. This report complies with Council's direction to staff to return with a resolution amending the rules to permit donation of public speaking time, elimination of Rule 24, and a clean -up of language in the resolution, including updating the Agenda and Packet delivery to the Public and Council to the Wednesday preceding the Tuesday City Council meeting. Background At the August 13, 2013 Council meeting, the Council temporarily allowed public speakers to donate one minute of speaking time to another speaker on one item and directed staff to return with information on possibly amending the Council rules to allow for time donation. At the October 26, 2013 City Council retreat, staff returned to Council with information on public speaking policies adopted by the Planning Commission and 1 other municipalities and best practices regarding contribution of time. Although donation time is not practiced in most cities, some cities allow it at the Mayor's discretion and fewer cities established formal policies. For example, the cities of Berkeley and Culver City allow speakers to yield one minute to one other speaker and Berkeley upholds a total time limit of four minutes per speaker for each meeting. The City's Planning Commission permits designated speakers to receive one extra minute from a maximum of five speakers and maintain a limit of eight minutes per speaker per meeting. Another matter discussed and decided at the Council retreat was the need to eliminate the Rule to take a vote to continue past 11:00 p.m.. Discussion In order to empower citizens to be better heard, elevate the quality of debate and make efficient use of meeting time, the Council voted in favor of the following Council changes to Council rules: Allow Donation of Time A one -year pilot program similar to Berkeley's where members of the public may donate two minutes per agenda item to another speaker. The attached resolution further proposes that a speaker may only accept one such donation from another per agenda item. The speaker and the person donating time must turn in their speaker cards together, notify the City Clerk of the donation, and be present at the podium together at the time of public comment. The speaker must state both of their names and state that he or she is speaking for both. The total time limit for public testimony of six minutes per meeting would remain for all speakers. As part of the pilot program, the City Clerk will track the number of people who donate time to another public speaker and the time devoted to public comment for one calendar year. That information will be provided to Council so that the new public testimony process can be reviewed. 2 Elimination of Rule 24 In 2008, this rule was added which states "No new items, other than Public Input, shall be considered after 11:00 p.m., unless consideration is approved by a two - thirds of the Councilmembers present." The current Councilmembers agreed that there should not be a set stop time and that this rule can interrupt the discussion during a meeting, therefore it should be eliminated. Other language clean -ups include: a change to Rule 5(b) the Agenda and all supporting documents shall be delivered to Councilmembers on the Wednesday preceding the Tuesday City Council meeting, and corrections to a few boards and commission name changes. The proposed rule changes will become effective immediately upon adoption of the attached resolution. Alternatives The Council could modify the language that staff is proposing or maintain the rules in their current form. K Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Sarah P. Gorman, City Clerk Approved: 'Sara -P. Gorman Director. Records & Election Services Attachments: Forwarded to Council: i i Rod Gould City Manager 1. Resolution Amending the Council Rules of Order and Procedure for the Conduct of City Council Meetings and Repealing Resolution Number 10643 (CCS) 11 City Council Meeting: January 14, 2014 RESOLUTION NO (CCS) Santa Monica, California 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 4854410643(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 holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other 1 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 — Wednesday 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. 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. 3 Members of the public submitting written requests to the Council are encouraged to limit their submissions to one per meeting. 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: (a) Call to Order (b) Salute to the Flag. (c) Roll Call. (d) Closed Session. (e) Inspiration. (f) 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. (g) 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 y u (m) Public Hearings. This item consists of public hearings required by specific provisions of law. (n) 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 Santa Monica Pier °esteratiGR Corporation and the Downtown Santa Monica, Inc. (o) 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. (p) Written Communication. This item allows the Council to consider issues raised by written submissions from the public. (q) Councilmember Discussion Items. Staff items as deemed necessary (r) 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. 7 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 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. p 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 Addressing 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. (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 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. 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 11 area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience. Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. 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. 13 (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 254. RECORD OF MEETINGS. All public meetings of the City Council shall be recorded by tape- reesrder. 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 265. 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. 15 Reference: Resolution No. 10794 (CCS)