SR 09-14-2021 3C
City Council Report
City Council Meeting: September 14, 2021
Agenda Item: 3.C
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To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records and Election Services
Department
Subject: Adoption of a Resolution to Amend Council Rules of Order and Procedure for
the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council adopt the attached proposed resolution
amending the City Council’s Rules of Order and Procedure.
Summary
The City Council’s Rules of Order and Procedure are currently set forth in Resolution
No. 11172, which was adopted on May 28, 2019 (Attachment A). On April 28, 2020, in
response to the COVID-19 pandemic and the resulting conduct of Council meetings via
teleconference, the Council adopted Resolution No. 11245 (Attachment B), which
temporarily put in place (for “as long as the City Council conducts meetings via
teleconferencing”) a modified Rule 15, Public Testimony, which set out procedures for
public comment during this temporary period. The Council has since returned to
conducting meetings with the Council present in person, which has resulted in the
sunset of the temporary Rule 15 established by Resolution 11245. Staff recommends
amending the Council’s Rules to incorporate portions of temporary Rule 15, and other
minor changes and modifications.
Discussion
Following the transition to conducting meetings with the Council and presenting City
staff appearing in person, public comment has been received either in writing or via a
call-in system. As the pandemic eases, the anticipation is that Council will return to
meetings with public attendance in person, but that there will remain multiple optional
ways for the public to provide comment that will include: submission in writing, call-in, or
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in person. To accommodate the anticipated multiple mechanisms for providing public
comment, and to address certain other issues, staff proposes amendments to the
Council rules. Attached are a clean copy of the proposed resolution setting out the
revised rules (Attachment C) and a redline showing the changes from the rules as set
out in Resolution 11172 (Attachment D).
In addition to some minor cleanup, the proposed modifications to the Rules include:
• Rule 5(c): Modification to specify deadlines for submission of Councilmember
agenda items for both regular (3:00 pm on Thursday before the meeting) and
special (3:00 pm two days before the special meeting) Council meetings.
• Rule 5(d): In light of ongoing limited access to the Police Department,
elimination of the Police Department as a posting site for Council agendas.
The agendas will continue to be posted in the lobby of City Hall and online.
• Rule 6(p): Modification to clarify that Councilmember agenda items may call
for action and direction and are not limited simply to discussion. Also adds that
Councilmembers should first consult with the City Manager to see if the item
can be placed on the agenda as a Staff Administrative item.
• Rule 6(q): Modification to clarify that Council is prohibited from taking action
on items not on the agenda that are raised during public input.
• Rule 10(b)(4): For clarity, adds cross-reference to Rule 12(d), which sets out
the procedures for appeals of the presiding officer’s rulings on questions of
order.
• Rule 12(d): To avoid confusion during voting, modifies the question to be
posed in an appeal from a ruling on a question of order to be “Shall the
decision of the Presiding Officer be overruled?” with the balance of the rule
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requiring a vote of two-thirds of the Councilmembers present to accomplish
such an overruling remaining the same.
• Rule 15: Changes to reflect the continuing use of three options for public
comment: written submissions, call-in, and (once the Council returns to
meetings with public attendance) in person. To enable efficient administration,
the changes permit donation of time only when both the person donating time
and the recipient of that time are physically present and provide for the Clerk to
determine the order of public speakers, to the extent possible giving preference
to K-12 students speaking on their own behalf and those with physical
constraints on their ability to remain present (either in person or on the phone)
for an extended period of time. The proposed changes carry over from the
temporary Rule 15 the ability of the Council, on a vote of the majority of the
members present, to limit public comment if there are more than 100 speakers
on a specific agenda item.
• Rule 16: Changes to reflect that whether present in person or by phone,
persons should “preserve safety and order and should strive to conform their
conduct to the City’s Civility Policy.”
• Rule 17: Modification to specify that the Mayor Pro Tem will be seated next to
the Mayor.
• Rule 20: Clarification to reflect the current rule that a Councilmember
disqualified from voting by reason of a conflict may either themselves state the
nature of the disqualification or have the Presiding Officer do so.
• Rule 23: Addition of a new rule making clear the procedures for agenda
management motions to reorder or combine agenda items.
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• Rule 27: To avoid potential Brown Act issues, addition of new rule barring
electronic communications among Councilmembers during Council meetings.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Denise Anderson-Warren, City Clerk
Approved
Forwarded to Council
Attachments:
A. Resolution 11172 (CCS)
B. Resolution 11245 (CCS)
C. Proposed Resolution (Clean)
D. Proposed Resolution (Redline)
E. Written Comments
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City Council Meeting: May 28, 2019 Santa Monica, California
RESOLUTION NO. 11172 (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 11106 (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 amended
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
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agenda items shall commence at 6:30 p.m., following the Closed Session. 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.
The City Council may also establish standing subcommittees of its members to
address designated areas of City business on the Council's behalf and may establish ad
hoc committees to formulate reports or recommendations on particular matters.
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
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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 Tuesday 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.
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(d) The City Clerk shall post the Agenda as required by the Brown Act. Copies
of the Agenda shall be posted in the lobby of City Hall and 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 City 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.
(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.
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Members of the public submitting written requests to the City Council are
encouraged to limit their submissions to one per meeting.
(h) All electronic presentation materials intended for use at a City Council
meeting, including PowerPoint presentations, videos, audio, electronic images, and
electronic portable document formats (PDFs), but excluding any hardcopy document
projected by an overhead projector, must be received by the City Clerk no later than 12:00
PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current
member of a board or commission speaking on a matter within the purview of the board
or commission on which the member sits.
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:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report,
proclamations, commendations, introductions of special guests, special meetings,
appointments to the City Council and presentations and reports by other non-City public
entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolutions 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
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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 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.
(g) Study 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 City Council action will be recommended or taken as part of the Study
Session.
(h) 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 a carry-over item placed on a subsequent agenda as a continued
item.
(i) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi-judicial decision concerning an individual application or
appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted
on second readings.
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(2) Introduction and First Reading.
(k) 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 Successor
Agency.
(l) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may
present reports under this item include, but are not limited to, all City boards, commissions
and task forces. Reports may also be provided by the Santa Monica Pier Corporation,
Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau.
(n) Resolutions. A resolution will be considered under this item only if its
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.
(o) Written Communication. This item allows the City Council to consider
issues raised by written submissions from the public.
(p) Councilmember Discussion Items. Staff items as deemed necessary.
(q) Public Input. This item allows members of the public to address the City
Council on matters that are within the City 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.
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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 City 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 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
(4) decide all questions of order subject to the right to appeal rulings on
questions of order to the entire City Council and
(5) encourage all persons present at the meeting to conform their conduct
to the City's Civility Policy.
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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 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.
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(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. However, neither the moving party nor the party seconding any motion
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.
(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 a two-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.
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
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be made in the following manner: “I would like the Minutes to reflect that I opposed this
action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off the record
contacts relating to the item, after the item is called and before City Council consideration
of the matter. Disclosure shall include the identity of an individual(s) with whom the
Councilmember had contact, and the nature of the contact.
RULE 15. 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 City 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. Except when donating time to another speaker, a 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
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the City Council on the matter under consideration without first securing City 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. Members of the public using one minute to address the City
Council may speak first during public comment, followed by K-12 students speaking on
their own behalf, while members of the public using the full two minutes will speak
afterwards. 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 City 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, City
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 the opportunity to address the City Council first and last.
(f) Special Time Limits for Special Agenda Items. Public testimony is permitted
on the City Manager’s Report and Appointments to the City Council. Proclamations,
commendations and appearances by special guests are ceremonial items. In order to
ensure adequate time for the Council’s regular business, only honorees and guests may
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address the Council on such items. Groups of honorees or guests, who wish to speak,
should appoint one or two representatives to speak for them.
(g) Special Assistance for Those Who Cannot Wait to Speak. Members 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 City
Council.
(h) Extended Time Limits for Speakers Who Require Interpreter. A member of
the public who utilizes an interpreter to provide English language translation shall receive
twice the time otherwise allotted under these Rules.
(i) Donating Time to Another Speaker. Except on Public Input, a member of
the public, speaking on their own behalf, may donate two minutes per agenda item to
another speaker, speaking on their own behalf, and a speaker may accept one such
donation from another per agenda item. The speaker and the person donating time shall
turn in their chits together, notify the clerk of the donation, and go to the podium together.
The speaker shall state both of their names and state that he or she is speaking for both.
Donated time shall not increase an individual speaker’s total time limit of six minutes per
meeting. Any request received after the start of the hearing shall be considered late and
the donator will not be permitted to donate his/her time.
(j) All electronic presentation materials intended for use at a City Council
meeting, including PowerPoint presentations, videos, audio, electronic images, and
electronic portable document formats (PDFs), but excluding any hardcopy document
projected by the overhead projector, must be received by the City Clerk no later than
12:00 PM on the day of a City Council meeting. All such electronic presentation materials
must be emailed to the City Clerk’s Office and include the City Council meeting date,
agenda item number, and name of the public speaker. For clarity, this rule shall not apply
to a current member of a board or commission speaking on a matter within the purview
of the board or commission on which the member sits.
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RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present must preserve safety and
order and should strive to conform their conduct to the City's Civility Policy. Members of
the public should sit in the audience seating area, unless addressing the City Council or
entering or leaving the Council Chambers, should not block the aisles with personal
belongings and should not bring audible equipment into the Council Chambers including
cellular telephones or pagers. Members of the public may not, except when testifying on
or participating in an agenda item, enter the well area, which is the open 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 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots.
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RULE 18. 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 19. 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.
RULE 20. 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 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. 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.
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RULE 23. 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) City Council conducts Public hearing.
(e) City 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 City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 24. 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 25. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. 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.
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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.
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 10928 (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:
________________________________
LANE DILG
City Attorney
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Adopted and approved this 28th day of May, 2019.
__________________________
Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11172 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of May, 2019, by the following vote: AYES: Councilmembers Himmelrich, Jara, Morena, Winterer Mayor Pro Tem O’Day, Mayor Davis
NOES: None ABSENT: Councilmember McKeown
ATTEST:
_____________________________________ Denise Anderson-Warren, City Clerk
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City Council Meeting: April 28, 2020 Santa Monica, California
RESOLUTION NUMBER 11245 (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
WHEREAS, on May 28, 2019, the City Council enacted Resolution Number 11172
amending the rules of order and procedure for the conduct of City Council meetings and
repealing Resolution Number 11106 (CCS); and
WHEREAS, international, national, state, and local health and governmental
authorities are responding to an outbreak of respiratory disease caused by a novel
coronavirus named “SARS-CoV-2,” and the disease it causes has been named
“coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a
state of emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the State
prepare for broader spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) issued an Executive Order of
the Director of Emergency Services of the City of Santa Monica Declaring the Existence
of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to
Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid
and an effective response to the novel coronavirus (“COVID- 19”); and
WHEREAS, on March 14, 2020, the City Manager, in his role as the Director of
Emergency Services, issued a Revised Executive Order of the Director of Emergency
Services of the City of Santa Monica Declaring the Existence of a Local Emergency
(“Revised Executive Order”) restating the declaration of local emergency in order to
ensure compliance with all digital signature requirements; and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public
Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting
group events of 50 or more people, requiring certain social distancing measures, and
ordering the closure of certain businesses; and
WHEREAS, on March 17, 2020, the Governor of the State of California issued
Executive Order N-29-20, which, during the period in which state or local public health
officials have imposed or recommended social distancing measures, authorized local
legislative bodies to hold public meetings via teleconferencing and make public meetings
accessible telephonically or otherwise electronically to all members of the public seeking
to observe and to address the local legislative body; and
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WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, and resolved that the
proclamation shall be operative and in effect through April 30, 2020; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued
Executive Order N-33-20 directing all residents of the State of California to heed directives
issued by the State Health Officer on the same date instructing all Californians to stay
home except as needed to maintain continuity of operations of the federal critical
infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential
businesses, and limiting gatherings to 9 people or less; and;
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders,
closing all nonessential businesses and prohibiting gatherings of non-household
members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an
Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Eighth Supplement to the Executive
Order”) adopting as rules and regulations of the City of Santa Monica the Executive Order
N-33-20, issued by the Governor of the State of California on March 19, 2020 (the
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“Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19,
issued by the Los Angeles County Department of Public Health on March 21, 2020 (the
“County Department of Public Health’s Safer at Home Order”), the stricter of which shall
apply if there is any conflict between the Governor’s Stay at Home Order and the County
Department of Public Health’s Safer at Home Order; and authorizing the City to issue
administrative citations to enforce this and the previously issued supplements to its
emergency declaration; and
WHEREAS, on April 6, 2020, the City Council again ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Eighth
Supplement thereto, and resolved that the proclamation and the Eighth Supplement shall
be operative and in effect through April 30, 2020; and
WHEREAS, on April 14, 2020, the City Council again ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Eighth,
Supplement thereto, and resolved that the Eighth Supplement shall be operative and in
effect through May 15, 2020; and
WHEREAS, pursuant to the authority granted by the Governor’s Executive Order
N-29-20, the City Council has conducted Council meetings via teleconferencing on March
19, April 6, April 14, April 19, and April 28, during which meetings public comment has
been accepted in writing until noon of the day of the meeting to be viewed online, and
then accepted in writing during the meeting and read into the record at the appropriate
time during the meeting; and
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WHEREAS, the City Clerk’s office has worked with the City’s teleconference
service provider to develop a method for members of the public to provide oral public
comment by calling in to the meeting, being placed in a queue until the item on which they
wish to comment opens for public comment, and then being called on to provide oral
comment over the phone; and
WHEREAS, beginning with the City Council meeting expected to be conducted via
teleconferencing on May 5, 2020, the City Council plans to expand the time in which
public comment in writing will be accepted to be viewed online to 2:00 pm on the day of
the meeting and to provide the public with the ability to make oral comment over the
phone during the meeting; and
WHEREAS, conducting meetings via teleconferencing introduces delays and
extends the time necessary to conduct business beyond what it would be were meetings
conducted in person; and
WHEREAS, during the course of the COVID-19 emergency, Council is operating
under strict deadlines to take action on a variety of matters before it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Effective beginning with the meeting to be held May 5, 2020, and
continuing for as long as the City Council conducts meetings via teleconferencing under
the authority of the Governor’s Executive Order N-29-20, or any superseding Executive
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Order issued by the Governor, Rule 15 of the City Council Rules of Order and Procedure
is hereby amended to read as follows:
RULE 15. 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 City 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 or the teleconference service provider managing the teleconference of the
meeting on behalf of the City Clerk, prior to the start of the meeting, if possible, but no
later than prior to the public hearing on that item. The teleconference service provider
will close the queue for public comment on a particular agenda item immediately prior to
the beginning of public comment on that item.
(c) Manner of Addressing the City Council. After being recognized by the
Presiding Officer and selected from the teleconference comment queue to speak, each
member of the public addressing the City Council shall 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,
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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 City Council approval.
(d) Time Limits.
(i) Time Deadline for Submitting Written Public Comment to Be
Viewed Online. Those wishing to provide public comment are encouraged to submit it in
writing via email to be viewed online. The time for accepting such written comment shall
be extended to 2:00 pm on the day of the Council meeting.
(ii) Time Limits for Oral Public Comment. A queue for oral public
comment on any particular agenda item will be established by the teleconference
service provider. For purposes of these Rules, the consent calendar shall be
considered one item.
A. Public Comment Queue. If the queue for oral public
comment on any particular agenda item remains below 100 prior to the public hearing
on that item, then, 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 of the members present who are not recused from the agenda
item. Persons speaking on another’s Written Communication shall be limited to one
minute. If the queue for oral public comment on any particular agenda item is 100 or
more prior to the public hearing on that item, the Council, by vote of a majority of the
members of the Council present and not recused from the particular agenda item, may
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reduce the time limit for remarks by members of the public to one, rather than two,
minutes per speaker and may impose an overall time limit of three hours for all remarks
by members of the public on that particular agenda item.
B. Comments on Multiple Items. 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 City 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.
C. Board or Commission Members. 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, City 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 the opportunity to address the City Council first and last.
(f) Special Time Limits for Special Agenda Items. Public testimony is
permitted on the City Manager’s Report and Appointments to the City Council.
Proclamations, commendations and appearances by special guests are ceremonial
items. In order to ensure adequate time for the Council’s regular business, only
honorees and individual guests may address the Council on such items.
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(g) Special Assistance for Those Who Cannot Wait to Speak. Members
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 City Council.
(h) Extended Time Limits for Speakers Who Require Interpreter. A
member of the public who utilizes an interpreter to provide English language translation
shall receive twice the time otherwise allotted under these Rules. The interpreter
should be in the queue for public comment and available to provide English language
translation over the phone when called on.
(i) Donating Time to Another Speaker. The normal procedures for
donating time to another speaker will not be in place while meetings are conducted via
teleconference. A member of the public who wishes to request additional time to speak
may represent to the Council that additional time is being donated by others present
and listening to the meeting via teleconference, and the Council may then decide, by
majority vote of the rnembers present and not recused from the particular agenda item,
whether to grant the speaker any additional time.
(j) Electronic presentation materials. The normal rules regarding
electronic presentation materials will not be in place while meetings are conducted via
teleconference. Any electronic presentation materials must be presented as
attachments to written public comment submitted by email for viewing online in
accordance with the time deadline set forth in Section 15(a) above.
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SECTION 2. 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:
_________________________
GEORGE S. CARDONA Interim City Attorney
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Adopted and approved this 28th day of March 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11245 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 28th day of March 2020, by the following
vote:
AYES: Councilmembers Davis, Himmelrich, Jara, Morena, Winterer,
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
Mayor Pro Tem O’Day, Mayor McKeown
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City Council Meeting: September 14, 2021 Santa Monica, California
RESOLUTION NO. ____ (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 11172 (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 amended
to read 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
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agenda items shall commence no earlier than 6:30 p.m., following the Closed Session. 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 the City Council’s 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.
The City Council may also establish standing subcommittees of its members to
address designated areas of City business on the Council's behalf and may establish ad
hoc committees to formulate reports or recommendations on particular matters.
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
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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 Tuesday 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 Councilmember agenda items as follows: (1) for regular meetings, by
3:00 p.m. on Thursday in order to ensure that matters will be agendized for the following
Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day
of the special meeting. Subject to Brown Act requirements, items submitted after 3:00
p.m. on the specified day will be agendized for the next regular meeting, unless the
Councilmember has identified an urgency requiring that the matter be added to the current
agenda.
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
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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 lobby of City Hall. 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 City 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.
(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.
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Members of the public submitting written requests to the City Council are
encouraged to limit their submissions to one per meeting.
(h) All electronic presentation materials intended for use at a City Council
meeting, including PowerPoint presentations, videos, audio, electronic images, and
electronic portable document formats (PDFs), but excluding any hardcopy document
projected by an overhead projector, must be received by the City Clerk no later than 12:00
PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current
member of a board or commission speaking on a matter within the purview of the board
or commission on which the member sits.
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:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report,
proclamations, commendations, introductions of special guests, special meetings,
appointments to the City Council and presentations and reports by other non-City public
entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolutions 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
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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 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.
(g) Study 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 City Council action will be recommended or taken as part of the Study
Session.
(h) 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 a carry-over item placed on a subsequent agenda as a continued
item.
(i) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi-judicial decision concerning an individual application or
appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted
on second readings.
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(2) Introduction and First Reading.
(k) 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 Successor
Agency.
(l) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may
present reports under this item include, but are not limited to, all City boards, commissions
and task forces. Reports may also be provided by the Santa Monica Pier Corporation,
Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau.
(n) Resolutions. A resolution will be considered under this item only if its
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.
(o) Written Communication. This item allows the City Council to consider issues
raised by written submissions from the public.
(p) Councilmember Requested Items. This category consists of Councilmember
requested agenda items. Action and direction may occur on these items to the extent
specified in the agenda item. Councilmembers should discuss requested agenda items in
advance with the City Manager to see if the City Manager will place them on the agenda
as Staff Administrative Items.
(q) Public Input. This item allows members of the public to address the City
Council on matters not otherwise on the agenda that are within the City Council’s subject
matter jurisdiction. State law prohibits the City Council from taking any action on items
not listed on the agenda. As a result, no formal action may be taken on any matter under
this item.
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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 City 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 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;
(4) decide all questions of order subject to the right to appeal rulings on
questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct
to the City's Civility Policy.
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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 appeal is
taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?”
The Presiding Officer's decision may be overruled by a two-thirds vote of the
Councilmembers then present.
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(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. However, neither the moving party nor the party seconding any motion 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.
(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 a two-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.
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
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be made in the following manner: “I would like the Minutes to reflect that I opposed this
action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record
contacts relating to the item, after the item is called and before City Council consideration
of the matter. Disclosure shall include the identity of any individual(s) with whom the
Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. 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 City
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
staff or the staff managing phone calls through a call-in service provider prior to the start
of the meeting, if possible, but no later than prior to the public hearing on that item. Except
when donating time to another speaker, which will only be permitted when both the person
donating time and the other speaker are physically present at the Council meeting, a
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 or be selected from the phone comment queue to speak, 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
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consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are
encouraged to submit it in writing via email to be viewed online. The time for accepting
such written comment shall be 2:00 p.m. on the day of the Council meeting.
(e) 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 or the City Council reduces this time limit because of the
large number of speakers for public comment on the particular item. For purposes of these
Rules, the consent calendar shall be considered one item. The order in which members
of the public provide remarks will be determined by the City Clerk, to the extent possible
giving priority to K-12 students speaking on their own behalf and members of the public
with physical constraints on their ability to remain at the meeting or on the phone line for
an extended period of time, and to the extent possible alternating between members of
the public physically present at the meeting and those who have called in. Persons
speaking on another’s written communication and persons submitting latespeaker
requests, 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, either in person or by phone. 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. If there is a
combined number of more than 100 speakers for public comment on a specific agenda
item, the City Council, by vote of the majority of the members of the Council present and
not recused from the particular item, may reduce the time limit for remarks by members
of the public to one, rather than two minutes per speaker, and may impose an overall time
limit of three hours for all remarks by members of the public on that particular agenda
item. 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 City 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, City Council may limit the duration of such reports.
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(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.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted
on the City Manager’s Report and Appointments to the City Council. Proclamations,
commendations and appearances by special guests are ceremonial items. In order to
ensure adequate time for the Council’s regular business, groups of honorees or guests,
who wish to speak, should appoint one or two representatives to speak for them.
(h) Special Assistance for Those Who Cannot Wait to Speak. Members 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 City
Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of
the public who utilizes an interpreter to provide English language translation shall receive
twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers
may be made only if both the person donating time and the other speaker are physically
present at the Council meeting. Except on Public Input, a member of the public, speaking
on their own behalf, may donate two minutes per agenda item to another speaker,
speaking on their own behalf, and a speaker may accept one such donation from another
per agenda item. The speaker and the person donating time shall turn in their chits
together, notify the clerk of the donation, and go to the podium together. The speaker shall
state both of their names and state that he or she is speaking for both. Donated time shall
not increase an individual speaker’s total time limit of six minutes per meeting. Any
request received after the start of the hearing shall be considered late and the donator
will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written
public comment submitted by email for viewing online must be submitted in accordance
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with the time deadline set forth in Section 15(d) above. Electronic presentation materials
will not be accepted in connection with public comment being provided by calling in to the
Council meeting. For speakers who will be physically present to provide public comment
at the Council meeting, all electronic presentation materials intended for use in
connection with the public comment, including PowerPoint presentations, videos, audio,
electronic images, and electronic portable document formats (PDFs), but excluding any
hardcopy document projected by the overhead projector, must be received by the City
Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic
presentation materials must be emailed to the City Clerk’s Office and include the City
Council meeting date, agenda item number, and name of the public speaker who, as noted
above, will need to be present at the meeting. For clarity, this rule shall not apply to a
current member of a board or commission speaking on a matter within the purview of the
board or commission on which the member sits – arrangements for the use of electronic
presentation materials by such a speaker should be made with the City Clerk by no later
than 2:00 pm on the day of the Council Meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or
speaking by phone, must preserve safety and order and should strive to conform their
conduct to the City's Civility Policy. Members of the public who are physically present at
the Council meeting should sit in the audience seating area, unless addressing the City
Council or entering or leaving the Council Chambers, should not block the aisles with
personal belongings and should not bring audible equipment into the Council Chambers
including cellular telephones or pagers. Members of the public may not, except when
testifying on or participating in an agenda item, enter the well area, which is the open 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
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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 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be
seated next to the Mayor.
RULE 18. 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 19. 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.
RULE 20. 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 or having the Presiding Officer state such
disqualification shall not be counted as part of a quorum and shall be considered absent
for the purpose of determining the outcome of any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
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RULE 22. 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 23. AGENDA MANAGEMENT.
At any time prior to the City Council taking up agenda items after the report back
from Closed Session, any member of the City Council may make a motion for agenda
management to reorder or combine agenda items. Such a motion shall require the votes
of a majority of the Councilmembers present to pass. If such a motion is passed, the City
Clerk shall call agenda items in accordance with the agenda as modified by the motion.
RULE 24. 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) City Council conducts Public hearing.
(e) City 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 City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
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RULE 25. 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 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. 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 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS
During City Council meetings, Councilmembers shall not use electronic
communications of any type, including texts and emails, to communicate among
themselves.
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 waste of time
or duplication of effort. These rules may be amended by resolution.
RULE 29. 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.
///
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SECTION 2. Resolution Number 11172 (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:
_____________________________
GEORGE S. CARDONA
Interim City Attorney
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City Council Meeting: September 14, 2021 Santa Monica, California
RESOLUTION NO. ____ (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 11172 (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 amended
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
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agenda items shall commence no earlier than at 6:30 p.m., following the Closed Session.
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 the City Council’sits 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.
The City Council may also establish standing subcommittees of its members to
address designated areas of City business on the Council's behalf and may establish ad
hoc committees to formulate reports or recommendations on particular matters.
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
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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 Tuesday 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 Councilmember agenda items as follows: (1) for regular meetings, by
3:00 p.m. on Thursday in order to ensure that matters will be agendized for the following
Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day
of the special meeting. Subject to Brown Act requirements, items submitted after 3:00
p.m. on the specified day Thursday will be agendized for the next regular meeting,
following Tuesday if possible., unless the Councilmember has identified an urgency
requiring that the matter be added to the current agenda.
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
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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 lobby of City Hall and 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 City 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.
(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
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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 City Council are
encouraged to limit their submissions to one per meeting.
(h) All electronic presentation materials intended for use at a City Council
meeting, including PowerPoint presentations, videos, audio, electronic images, and
electronic portable document formats (PDFs), but excluding any hardcopy document
projected by an overhead projector, must be received by the City Clerk no later than 12:00
PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current
member of a board or commission speaking on a matter within the purview of the board
or commission on which the member sits.
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:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Special Agenda Items. This item includes the City Manager’s Report,
proclamations, commendations, introductions of special guests, special meetings,
appointments to the City Council and presentations and reports by other non-City public
entities or legislative bodies.
(f) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolutions which do not necessitate a separate public hearing and which are determined
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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 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.
(g) Study 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 City Council action will be recommended or taken as part of the Study
Session.
(h) 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 a carry-over item placed on a subsequent agenda as a continued
item.
(i) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi-judicial decision concerning an individual application or
appeal.
(j) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted
on second readings.
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(2) Introduction and First Reading.
(k) 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 Successor
Agency.
(l) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(m) Reports of Boards and Commissions. Boards and commissions who may
present reports under this item include, but are not limited to, all City boards, commissions
and task forces. Reports may also be provided by the Santa Monica Pier Corporation,
Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau.
(n) Resolutions. A resolution will be considered under this item only if its
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.
(o) Written Communication. This item allows the City Council to consider issues
raised by written submissions from the public.
(p) Councilmember Requested Discussion Items. This category consists of
Councilmember requested agenda items. Action and direction may occur on these items
to the extent specified in the agenda itemStaff items as deemed necessary.
Councilmembers should discuss requested agenda items in advance with the City
Manager to see if the City Manager will place them on the agenda as Staff Administrative
Items.
(q) Public Input. This item allows members of the public to address the City
Council on matters not otherwise on the agenda that are within the City Council’s subject
matter jurisdiction. State law prohibits the City Council from taking any action on items
not listed on the agenda. As a result, noNo formal action may be taken on any matter
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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 City 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 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;
(4) decide all questions of order subject to the right to appeal rulings on
questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct
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to the City's Civility Policy.
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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 appeal is
taken, the question shall be: “Shall the decision of the Presiding Officer be
overruledsustained?” The Presiding Officer's decision may be overruled by a two-thirds
vote of the Councilmembers then present.
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(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. However, neither the moving party nor the party seconding any motion 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.
(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 a two-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.
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
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be made in the following manner: “I would like the Minutes to reflect that I opposed this
action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record
contacts relating to the item, after the item is called and before City Council consideration
of the matter. Disclosure shall include the identity of any individual(s) with whom the
Councilmember had contact, and the nature of the contact.
RULE 15. 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 City 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
staff or the staff managing phone calls through a call- in service provider prior to the start
of the meeting, if possible, but no later than prior to the public hearing on that item. Except
when donating time to another speaker, which will only be permitted when both the person
donating time and the other speaker are physically present at the Council meeting, a
request received after the start of the hearing shall be considered late and may only be
heard with Council approval.
(c) M
(d)
(e) 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 or be selected from the phone comment queue to speak, state his or her name
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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
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(f)(c) the City Council on the matter under consideration without first securing City
Council approval.
(g)(d) Written Public Comment. Those wishing to provide public comment are
encouraged to submit it in writing via email to be viewed online. The time for accepting such
written comment shall be 2:00 p.m. on the day of the Council meeting.
(h)(e) 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 or the City Council reduces this time limit because of the
large number of speakers for public comment on the particular item. For purposes of these
Rules, the consent calendar shall be considered one item. The order in which members
of the public provide remarks will be determined by the City Clerk, to the extent possible
giving priority to Members of the public using one minute to address the City Council may
speak first during public comment, followed by K-12 students speaking on their own
behalf and members of the public with physical constraints on their ability to remain at the
meeting or on the phone line for an extended period of time, and to the extent possible
alternating between members of the public physically present at the meeting and those
who have called in, while members of the public using the full two minutes will speak
afterwards. Persons speaking on another’s written communication and persons
submitting late chitsspeaker requests, 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, either in person or by phone. 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. If there is a combined number of more than 100 speakers for public
comment on a specific agenda item, the City Council, by vote of the majority of the
members of the Council present and not recused from the particular item, may reduce the
time limit for remarks by members of the public to one, rather than two minutes per
speaker, and may impose an overall time limit of three hours for all remarks by members
of the public on that particular agenda item. 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 City Council grants additional time by majority vote. A member of the public
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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, City Council may
limit the duration of such reports.
(i)(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.
(j)(g) Special Time Limits for Special Agenda Items. Public testimony is permitted
on the City Manager’s Report and Appointments to the City Council. Proclamations,
commendations and appearances by special guests are ceremonial items. In order to
ensure adequate time for the Council’s regular business, only honorees and guests may
address the Council on such items. Ggroups of honorees or guests, who wish to speak,
should appoint one or two representatives to speak for them.
(k)(h) Special Assistance for Those Who Cannot Wait to Speak. Members 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 City
Council.
(l)(i) Extended Time Limits for Speakers Who Require Interpreter. A member of
the public who utilizes an interpreter to provide English language translation shall receive
twice the time otherwise allotted under these Rules.
(m)(j) Donating Time to Another Speaker. Donations of time to other speakers
may be made only if both the person donating time and the other speaker are physically
present at the Council meeting. Except on Public Input, a member of the public, speaking
on their own behalf, may donate two minutes per agenda item to another speaker,
speaking on their own behalf, and a speaker may accept one such donation from another
per agenda item. The speaker and the person donating time shall turn in their chits
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together, notify the clerk of the donation, and go to the podium together. The speaker shall
state both of their names and state that he or she is speaking for both. Donated time shall
not increase an individual speaker’s total time limit of six minutes per meeting. Any
request received after the start of the hearing shall be considered late and the donator
will not be permitted to donate his/her time.
(n)(k) Any electronic presentation materials presented as attachments to written
public comment submitted by email for viewing online must be submitted in accordance
with the time deadline set forth in Section 15(d) above. Electronic presentation materials
will not be accepted in connection with public comment being provided by calling in to the
Council meeting. For speakers who will be physically present to provide public comment
at the Council meeting, all All electronic presentation materials intended for use in
connection with the public commentat a City Council meeting, including PowerPoint
presentations, videos, audio, electronic images, and electronic portable document
formats (PDFs), but excluding any hardcopy document projected by the overhead
projector, must be received by the City Clerk no later than 12:00 PM on the day of a City
Council meeting. All such electronic presentation materials must be emailed to the City
Clerk’s Office and include the City Council meeting date, agenda item number, and name
of the public speaker who, as noted above, will need to be present at the meeting. For
clarity, this rule shall not apply to a current member of a board or commission speaking
on a matter within the purview of the board or commission on which the member sits –
arrangements for the use of electronic presentation materials by such a speaker should
be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or
speaking by phone, must preserve safety and order and should strive to conform their
conduct to the City's Civility Policy. Members of the public who are physically present at
the Council meeting should sit in the audience seating area, unless addressing the City
Council or entering or leaving the Council Chambers, should not block the aisles with
personal belongings and should not bring audible equipment into the Council Chambers
including cellular telephones or pagers. Members of the public may not, except when
testifying on or participating in an agenda item, enter the well area, which is the open area
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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 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be
seated next to the Mayor.
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RULE 18. 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 19. 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.
RULE 20. 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 or having the Presiding Officer state such
disqualification shall not be counted as part of a quorum and shall be considered absent
for the purpose of determining the outcome of any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. 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.
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RULE 23. AGENDA MANAGEMENT.
At any time prior to the City Council taking up agenda items after the report back
from Closed Session, any member of the City Council may make a motion for agenda
management to reorder or combine agenda items. Such a motion shall require the votes
of a majority of the Councilmembers present to pass. If such a motion is passed, the City
Clerk shall call agenda items in accordance with the agenda as modified by the motion.
RULE 2324. 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) City Council conducts Public hearing.
(e) City 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 City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 2425. 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 2526. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be
made by the City Clerk and retained in accordance with the City’s record retention
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schedule. The use of other recording or television equipment is permitted so long as it is
not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS
During City Council meetings, Councilmembers shall not use electronic
communications of any type, including texts and emails, to communicate among
themselves.
RULE 2628. 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.
RULE 2729. 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 11172 (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:
_____________________________
GEORGE S. CARDONA
Interim City Attorney
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Vernice Hankins
From:Ellis Raskin <ellis.raskin@gmail.com>
Sent:Thursday, September 9, 2021 9:12 PM
To:Sue Himmelrich; Kristin McCowan; Phil Brock; Gleam Davis; Oscar de la Torre; Lana Negrete; Christine
Parra; councilmtgitems; Clerk Mailbox
Cc:George S. Cardona
Subject:Agenda Item 3(C) -- Council Rules of Order
EXTERNAL
Dear Mayor Himmelrich and Members of the City Council,
Next Tuesday, you will consider potential revisions to the Council's rules of order. I have two recommendations for
revisions to the proposed redlines:
There is a proposal to amend rule 15 to add a 2:00 p.m. cutoff for the submission of written comments (to be
added as part of Rule 15(d)). There are a number of state laws that allow for the submission of comments up to
the close of a public hearing (see, for example, CEQA's public comment rules at Public Resources Code section
21177(a)). Accordingly, I propose that you amend the redline for that rule as follows: "The time for accepting
such written Comments received by shall be 2:00 p.m. on the day of the Council meeting shall be posted on the
Council's online agenda."
There is also a proposal to grant the Council authority to impose a three‐hour time limit for all public comments
if more than 100 speakers sign up to speak on an item. The three hour limit is clearly in conflict with well‐
established First Amendment precedent and the Ralph M. Brown Act. All members of the public have the right
to address their elected representatives. Accordingly, please delete the portion of the redline for Rule 15(e) that
says: "and may impose an overall time limit of three hours for all remarks by members of the public on that
particular agenda item."
Best,
Ellis Raskin, Esq.
Item 3.C 09/14/21
1 of 3 Item 3.C 09/14/21
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Vernice Hankins
From:m@ n <neco@mattneco.org>
Sent:Tuesday, September 14, 2021 1:58 PM
To:councilmtgitems
Subject:SMCC Mtg. 09/14/21 Item 3.C.
EXTERNAL
Re Item 3.C.
C. Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council
Meetings
City Councilmembers:
I urge the City Council to move the closed sessions of meetings to the end of the meeting, after the public
meeting. This was the public will know with certainty when the public portion of the meetings are to begin,
and will not be left waiting indefinately. The public may also tune out or leave before the closed session
begins. This is more considerate and efficient.
I also urge that all matters where the public is permitted to comment, provide input (lobby), ask questions, be
at the top of the agenda, that is, at the beginning of meetings. (Except for comments on closed session items,
which should be at the end of the meeting.)
Thank you.
Matt Neco
Item 3.C 09/14/21
2 of 3 Item 3.C 09/14/21
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Vernice Hankins
From:OZ <zurawska@yahoo.com>
Sent:Tuesday, September 14, 2021 2:01 PM
To:councilmtgitems
Cc:Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete
Subject:item 3-C (Council Rules) 9/14/21
EXTERNAL
1. Public input should be moved to the top of the open session. Both Beverly Hills and LA do it this
way in recognition of the importance of allowing the public to vice their concerns to the officials they
elected without having to wait several hours to speak for two minutes. Councimembers Brock, de la
Torre, Parra and Negrete, who represent the citizens of this city as opposed to special interests, have
the imperative to push for this important change in the Council Rules.
2. Per the Brown Act, public comment must be allowed on all items listed on the agenda, i.e. also
special agenda items like proclamations - your Rules must comply with state law.
3. Could someone please clarify what the following means:
"(o) Written Communication. This item allows the City Council to consider issues raised by
written submissions from the public."
Is this the written comments received as public input for the specific Council meeting, or any writing
that any councilmember has received from the public? I have never seen this item utilized. Perhaps
it's because it's not clear what it really means.
Regards,
Olga Zurawska
Item 3.C 09/14/21
3 of 3 Item 3.C 09/14/21
3.C.e
Packet Pg. 159 Attachment: Written Comments (4742 : Adopt & Amend Council Rules of Order)