R115171
City Council Meeting: April 11, 2023 Santa Monica, California
RESOLUTION NO. 11517 (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 11494 (CCS)
WHEREAS, on March 21, 2023, Council gave direction to amend Rule No. 6(s) to
clarify that Councilmember-directed items are to provide policy direction only, and
legislative documents should be drafted only after a majority of the Council gives direction
to the City Manager and/or City Attorney, with the exception of advocacy resolutions.
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.
These Rules of Order shall govern the conduct of all City Council meetings, unless
superseded or prohibited by federal, state, or local law. To the extent a matter is not
covered by these Rules, the procedures of the City Council shall be governed by the latest
revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all
applicable laws and these rules to the extent they are inconsistent. These rules also apply
to the Council sitting as or in combination with another body, such as the Housing
Authority Board, Successor Agency, or Financing Authority, and to all boards and
commissions.
The City Council rules, or any one thereof, may be suspended by a vote of two-
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thirds 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 Council may amend the meeting
calendar to add or delete a regular Council meeting. 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
Agenda items shall commence no earlier than 7:00 p.m., following the Closed Session,
unless noticed otherwise on the Agenda. 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, 4
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, that is, at least 4 votes, unless
a higher number is required. However, in the case of a quasi-judicial hearing, if only 4
Councilmembers are participating, the applicant or appellant shall be entitled to request
and receive a continuance of the hearing, until such time as 5 Councilmembers are
participating.
Whenever any Councilmember questions the presence of a quorum, the presiding
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officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall
respond when that Councilmember’s 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. Ad hoc
committees must provide quarterly updates to Council, which shall be included on the
Agenda by the City Clerk.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government
Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the
City Council shall be public, provided, however, the City Council may meet in a Closed
Session from which the public is excluded, for those purposes authorized by the Brown
Act.
No Councilmember, employee of the City, or any other person present during a
Closed Session of the City Council shall disclose to any person the content or substance
of any communication that 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.
Any required public announcements following closed session shall be made by the
City Attorney immediately upon the Council convening in open session following closed
session. Council direction to provide authority to settle a claim or lawsuit shall not be
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reported out.
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, in compliance with Rule 6(s), or the City Manager may
direct that any matter within the City Council’s jurisdiction be placed upon the Agenda.
The City Attorney may place items on the Agenda affecting the City Attorney’s Office or
closed session. Councilmembers shall submit Councilmember Agenda items as follows:
(1) for regular meetings, by noon on Monday, 8 days prior to the Council meeting, to
ensure matters will be agendized for the following Tuesday; and (2) for special meetings,
by 3:00 p.m. on the day at least 2 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.
Council items placed on the Agenda may be removed or amended by the sponsor,
with the City Manager’s approval, no later than noon on Thursday, 5 days prior to the
Council meeting.
Any Councilmember requested discussion Agenda item shall be initiated as a “16
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item” first to obtain Council direction (see Rule 6(s).
Councilmember items may only be combined with other items on the Agenda by a
vote of the Council. A Councilmember who wishes to combine the Councilmember’s 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 to ensure the public’s business is handled efficiently
and conveniently.
Proposed alternatives, other than minor variations, to items or portions of items on
the agenda shall be submitted in writing to the City Clerk for distribution no later than noon
the day prior to the Council meeting; any alternatives submitted after the deadline may
be considered by the Council only by unanimous consent, provided they are Brown Act
compliant; otherwise, the amendment along with the main item may be considered at a
subsequent meeting pursuant to an approved motion to continue.
(d) The City Clerk shall post the Agenda as required by the Brown Act. Copies
of the Agenda shall be posted on the windows of the Santa Monica Institute room, located
at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on
file in the Clerk’s 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
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City Clerk and referred to the City Manager or the Manager’s 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 that 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.
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 noon
on the day of a City Council meeting. For clarity, this rule shall not apply to a current
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member of a board or commission speaking on a matter within the purview of the board
or commission on which the member sits.
(i) Any Councilmember or the City Manager may place an item on the Council
agenda to present a report from a board or commission that is within the board or
commission’s subject matter authority that was duly approved by the board or
commission. The request and the written or electronic materials to be distributed or
displayed at the meeting must be provided to the City Clerk, the City Manager’s Office,
and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council
meeting. When heard, the speaker for the board or commission shall be permitted up to
10 minutes to present, unless the Council by majority vote allows for a different time. The
Council may question the speaker concerning the report and presentation. The speaker
shall have an opportunity to respond to comments by the City Manager and Staff. The
City Manager and Staff may also provide information concerning the presentation. The
presentation will not be considered an action item, but the City Manager may combine it
with an action item on the Agenda, and the Council may provide direction concerning the
matters raised in the presentation. Action may be taken on matters raised in the
presentation, subject to Brown Act compliance.
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.
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(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent
Calendar Items Only.
(e) Closed Session.
(f) 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. Proclamations, commendations, and introductions of special
guests may be scheduled and discussed prior to Closed Session in consideration for the
time of the guests.
(g) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolutions that do not necessitate a separate public hearing and which are determined
in the Agenda preparation process to be relatively non-controversial. Ordinances for
second reading and adoption may be placed on the consent calendar if all members of
the City Council were present when the vote for first reading and introduction took place
and this vote was unanimous. The consent calendar shall be considered as one item
regardless of the number of matters appearing on it and may be approved by a single
vote. The title to the individual consent items need not be read unless a request to do so
is made by any Councilmember. Members of the public shall have no more than one
opportunity to address the City Council concerning any and all items on the consent
calendar. Members of the public shall be heard prior to City Council consideration of the
consent calendar. Councilmembers may request to have individual matters removed from
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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.
Councilmembers are encouraged to notify the City Manager by noon the day before the
meeting that an item may be pulled for discussion or questions to Staff and request a
presentation of an item on the Consent Calendar. When the Clerk calls the Consent
Calendar, the Clerk shall identify those items that Councilmembers have indicated they
wanted to pull (by noon the day before) and which Councilmembers have made the
requests. Only those items shall be pulled for discussion, unless a Councilmember makes
an additional request following the Clerk’s announcement.
(h) General Public Input. 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.
(i) Public Comment on Agenda Items. Allows members of the public to have
the opportunity to speak on items on the Agenda before or during the City Council’s
Consideration of the item, except where a public hearing is required by law.
(j) 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
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Session, other than to give direction to prepare and return with Agenda items in the future.
(k) 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. If public comment on a continued item was concluded at the initial meeting, it shall
not be repeated.
(l) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi-judicial decision concerning an individual application or
appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public comment is permitted on
second readings.
(2) Introduction and First Reading.
(n) 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.
(o) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions that may
present reports under this item and pursuant to rule 5(i) 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
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Visitors Bureau. Note this subsection provides for the location or timing of these items if
placed on the Agenda, not the authority to place items on the Agenda, which is addressed
elsewhere in these rules.
(q) 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.
(r) Written Communication. This item allows the City Council to consider
issues raised by written submissions from the public.
(s) Councilmember Discussion Items. This category consists of
Councilmember requested Agenda items to provide policy direction. 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 assist in
developing language on an item. No resolutions or ordinances should be developed or
drafted until a majority of the Council gives direction to the City Manager and/or the City
Attorney. The City Manager will work with the Councilmember to decide see if the item
City Manager will be placed them on the Agenda or address them in other ways.
Resolutions for advocacy would be an exception.
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.
(a) 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.
(b) Selection of Mayor and Mayor Pro Tempore. As required by Charter section
604, the Mayor shall be selected by the Council. The procedure for selection shall be as
follows: Beginning in December 2022, the Council shall select the longest continuously
serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1
year term. Each subsequent December the next longest continuously serving
Councilmember shall be selected as Mayor for a 1 year term, then rotating each
December to select the Mayor in order of the next longest serving Councilmember. If two
or more Councilmembers were elected at the same election, the Councilmember
receiving the higher number of votes shall be considered as having served longer for
purposes of this provision. If two or more Councilmembers were initially appointed to
serve at the same time, then when they each may first become eligible to be selected as
Mayor, a coin flip shall decide who shall be considered as having served longer for
purposes of this provision. The Mayor Pro Tempore may be selected by simple majority
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vote without regard to this provision. This provision shall not be subject to a suspension
of the Council Rules, and shall be implemented until duly repealed or amended by the
Council.
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 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.
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
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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. Councilmembers desiring to question City staff shall
address their 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 the Councilmember 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, that Councilmember shall cease speaking until the question of order is
determined. Whenever any person is called to order while speaking, such person shall
be in possession of the floor after the question of order is decided, and may proceed with
the matter under the discussion within the ruling made on the question of order.
(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. A speaker having
the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of
order. Questions concerning procedures or other legal issues may be directed to the City
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Attorney for legal advice. 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. The City Attorney may also
raise a point of order to provide advice to the Council should there be a concern about
procedures, due process, or other legal issues.
(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. A speaker having the floor may be interrupted,
when recognized by the Presiding Officer, to raise a point of personal privilege.
(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
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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. Except for questions raised by another Councilmember to a
Councilmember, 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 the Councilmember’s views
on a particular Agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for the
Councilmember’s opposition to any action of the City Council entered in the Minutes.
Such opposition shall be made in the following manner: “I would like the Minutes to reflect
that I opposed this action for the following reasons…”
RULE 14. 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 or as otherwise provided in these
rules, and the public shall have an opportunity to comment on any matter that is not on
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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 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, members of the public addressing the City Council shall go to the
podium, state their name and whom they represent, if they represent an organization or
other person. Members of the public are encouraged, but not required, to also state their
address, neighborhood, or city of residence. All remarks shall be addressed to the City
Council as a whole and not to any individual member thereof. After a public hearing has
been closed, no member of the public shall address the City Council on the matter under
consideration without first securing 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. For written comments
received by noon on the day of the Council meeting, best efforts shall be made to have
them posted on the Council’s online Agenda. All written comments shall be made part of
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the public record.
(e) Time Limits. Except on Written Communication, members of the public
shall limit their remarks to 2 minutes per comment section 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. 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, those limiting their
time to 1 minute on an item, while members of the public using the full 2 minutes will
speak afterwards. Persons speaking on another’s written communication and persons
submitting late speaker requests, who receive permission to speak shall be limited to 1
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. Members of the public wishing
to speak on more than one item shall limit their remarks to a total of 6 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 2 minutes. Testimony
given as an applicant or appellant does not count toward the 6 minute maximum. A Board
or Commission member reporting to the City Council on behalf of a Board or Commission
who was duly authorized to speak for the Board or Commission shall be limited to
maximum of 5 minutes to speak.
(f) Special Time Limits for Applicants and Appellants. Applicants and
appellants on administrative items and public hearings shall limit their remarks to 10
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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. 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 2 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,
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notify the Clerk of the donation, and go to the podium together. The speaker shall state
both of their names and state that the speaker is speaking for both. Donated time shall
not increase an individual speaker’s total time limit of 6 minutes per meeting. Any request
received after the start of the hearing shall be considered late and the donor will not be
permitted to donate the donor’s time.
(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 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 noon 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. See also Rule 5(i).
(l) Requests for Accommodation. Requests for a disability accommodation to
provide public testimony at a Council meeting should be submitted in writing to the City
Clerk’s office via email at clerk.mailbox@santamonica.gov or via telephone at (310) 458-
8211 or TDD: (310) 917-6626 at least 72 hours prior to the scheduled meeting. Best
efforts shall be used to accommodate requests received after the 72 hour deadline. In the
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case of special meetings, requests should be submitted as early as possible, but no later
than noon the day of the Council special 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. Applause, vocally
or clapping, is prohibited, except for ceremonial items, or as may be invited by the
Presiding Officer.
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 the
Chief 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
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Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City
Council shall require the Presiding Officer 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. Changes in seating may be allowed by the Mayor, without
requiring a vote, for good cause when those changing seats consent.
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 the
member’s 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.
Unless any Councilmember calls for separate votes in advance, any item on the
Agenda with related sub-parts shall be treated as one agenda item and voted on in one
motion. If the item and sub-parts receive sufficient votes for approval of some, but not all
sub-parts, at the immediate request of any Councilmember, the first vote shall be nullified
and Council shall then immediately, without discussion, vote on each item separately.
When the Council is making appointments to any committee, board, commission,
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or equivalent, the Clerk shall ask for nominations, also reciting nominations received
through an application process. If applicable, nominations may include one or more
positions, such as chair and vice chair, or equivalent. The Council may split the vote on
combined nominations by an approved motion. After all nominations are received, the
Clerk shall recite the list of all nominees. The Clerk shall then call the roll, and each
member shall identify the individual or individuals for whom they are voting. After all votes
are cast, the Clerk shall recite the vote. If no nominee(s) receives a majority vote, then
the two nominees receiving the highest number of votes shall then be voted upon in the
same manner, until a nominee(s) receives a majority vote. If no nominee(s) receives a
majority vote, the Clerk shall call for additional nominations and then repeat the process.
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. TYPES OF MOTIONS.
(a) Only Councilmembers, or duly appointed members of boards sitting with the
Council, may make Motions. The City Clerk shall record all motions and read them back
when requested. Upon request, the City Attorney shall assist in the formation of motions.
A Councilmember must have the floor to make a motion.
(b) Any motion that does not receive a second shall not move forward, and then
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another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall
not be made until public comment on the item is complete.
(d) There are three motions that are most common and are usually subject to
debate:
(1) The main motion. This motion puts forward a substantive decision,
most frequently an agenda item, for Council consideration. A main motion may
include changes to the item as stated on the agenda or supplemental materials.
Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion
before the Council. A motion to amend cannot be made until there is a main motion
on the floor. A motion to substitute a main motion with another motion shall be
treated as a motion to amend. Only one motion to amend may be on the floor at
one time. All motions to amend shall be resolved prior to voting on the main motion.
(3) The procedural motion. This motion is to address a rule of procedure,
postpone, or take some other action. Procedural motions take priority over main
motions and motions to amend. Only one procedural motion may be on the floor
at one time. A “point of order” may be raised at any time, interrupting a speaker
when recognized by the Presiding Officer, to make a procedural motion.
Procedural motions are debatable but not subject to public comment.
(e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to
immediately adjourn to its next regularly scheduled meeting. It is not subject to
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debate and requires a majority vote. It is the highest priority motion.
(2) Motion to recess. This motion, if passed, requires the Council to
immediately recess. The Presiding Officer determines the length of the recess. It
is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the
Council to adjourn the meeting at a specific time set in the motion. It is not subject
to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the
agenda item to be halted and the agenda item placed on hold. The motion can
contain a specific time in which the item can come back to Council. If the motion
does not contain a specific time for the return of the item, a motion to take the item
off the table will have to be taken at a future meeting to bring it back to the Council.
A motion to table or to bring it back to the Council requires a simple majority vote.
(5) Motion to continue. This motion, if passed, requires the item to be
withdrawn from the Agenda at that time and postponed either indefinitely or to a
certain time and/or date, or to a time later in that meeting, as stated in the motion.
A motion to continue is debatable and requires a simple majority vote.
(6) “Friendly Amendment.” This is a “request,” rather than a formal
motion. The speaker asks whether the maker of the main motion would agree to
amend the motion, as suggested. If agreed, and if the member providing the
second also agrees, or another second is offered, then the main motion is replaced
with the amended motion. If an offer for a “friendly amendment” is rejected, then a
formal motion to amend may be made.
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RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if the Councilmember 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 after roll call, the Mayor or Mayor Pro Tem may call for a motion for
Agenda management to reorder or combine Agenda items or to determine when public
comment may be taken on one or more items. However, public comment may be taken
later, but not earlier, than the time or position shown on the Agenda. Noticed public
hearings scheduled for a time certain may be heard later, but not earlier, than the time
scheduled. 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 or
comment opportunity 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.
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(f) A Councilmember makes a motion, another Councilmember seconds the
motion, and the Council debates it, with the maker of the motion having the opportunity
to speak last.
(g) The Presiding Officer or City Clerk restates the motion.
(h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
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. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00 p.m. unless
consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 29. CHARTER SECTION 615
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In accordance with Charter Section 615, the adoption of all ordinances and
resolutions shall be by reading of title only unless a Councilmember present at the
meeting objects.
RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally 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 31. 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 11494 (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:
_________________________
DOUGLAS T. SLOAN
City Attorney
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Adopted and approved this 11th day of April 2023.
__________________________
Gleam Davis, Mayor
I, Maria Dacanay, Acting City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11517 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 11th day of April 2023, by the following vote:
AYES: Councilmembers Brock, de la Torre, Torosis, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Parra
ATTEST:
_____________________________________
Maria Dacanay, Acting City Clerk
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