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SR 05-24-2022 4A City Council Report City Council Meeting: May 24, 2022 Agenda Item: 4.A 1 of 10 To: Mayor and City Council From: Denise Anderson Warren, City Clerk, Records and Election Services Department Subject: Discussion and direction to staff on best practices to change the Agenda formatting to make Council meetings more efficient and consideration of cost and implementation of Hybrid meetings with a call-in option Recommended Action Staff recommends that the City Council: 1. Review and comment on changing the Council meeting agenda formatting to make meetings more efficient; 2. Discuss potential for hybrid meetings with a call-in option for all boards and commission meetings; and, 3. Provide direction to staff to come back with resolutions amending the Rules of Order and Procedure for the Conduct of City Council meetings, and amending the Establishing Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards. Summary In response to Council direction to look at ways Council meetings can conclude by 11 p.m. and improve meeting management generally, and allow for remote public comment, staff, have prepared the following options for Council to consider: • changing meeting start time and establishing a fixed public meeting start time, • modifying public comment procedures, • setting separate special meetings for appeals and study sessions, • establishing an earlier deadline to submit Councilmember items, and • requiring Council Ad Hoc Committees to report back to the full Council quarterly. 4.A Packet Pg. 136 2 of 10 This report also provides an assessment of what is required to support live remote public comment for Council and boards and commission meetings. Staff would return with changes to the Rules of Order and Procedure for the Conduct of City Council Meetings based on direction provided at this study session. Discussion The City has a robust set of Boards and Commissions and even after some restructuring there remain 16 Boards and Commissions, two special City Boards, one Task Force, as well as the City Council meetings. While some of these groups are meeting quarterly, the normal meeting schedule results in for these bodies is to meeting at least monthly. Council, Planning Commission, and certain other boards meet more often. In fact, Council held 41 meetings last year. In addition to these bodies, many have subcommittees that regularly meet and are also subject to the same Brown Act requirements for public access and participation. This can result in the City hosting between twelve and up to twenty public meetings in a month, some held during normal business hours and others held in the evening. Meeting Format and Structure A review of past staff reports and resolutions regarding City Council meeting format and structure suggests that, while changes have been made to the Order of Business over the years, the overall structure of meetings has largely remained the same with meetings taking place after business hours and ending in the late evening or early the next morning. Through the years, previous Councils have considered various ways to change the agenda format to make the meetings be both more productive as well as more efficient. (See attached Info Item from Nov. 2021) Below is a list of options for Council to consider incorporating as part of their Rules of Order. Closed Session and Meeting Different Start Time Options: • Begin closed session earlier (4:30 p.m. or 5:00 p.m.). 4.A Packet Pg. 137 3 of 10 • Establish a fixed public meeting start time that would mandate closed session end after an hour or hour and a half and continue any outstanding items to the end of open session or to another meeting. • Set a separate special meeting to hear closed session. This would allow the public meeting to start at 5:30 p.m. and reserve the entire evening for the public portion of the agenda but would mean allocating another set time to hear Closed Session matters. • Continue to support not hearing any other agenda items, with the exception of public input, after the 11:00 p.m. hard stop for open session and continue any outstanding items to the next regular meeting or to a special meeting. Modify Public Comment Procedures • Hold all public comment at the start of the meeting on agenda and non-agenda items. • Allow public comment (non-agenda items only) to be heard at the start of the meeting. • Hold public comment for closed session and consent items prior to adjourning into closed session. Setting Separate Meetings for Appeals and Study Sessions • Schedule a third meeting each a month devoted strictly to appeals and study sessions. This does come with some tradeoffs. Most impacted would be our Planning staff who present the vast majority of the administrative appeals as well as many of the study sessions at Council who also attend Planning Commission meetings the alternate weeks of Council meetings. There would be additional demands of our Communications staff for airing meetings, City Clerk’s staff for meeting support, food cost, and Police Department staff for providing security. Estimated Costs for Additional Council Meetings Department Assignment Cost Police Overtime for 2 Officers $1,016 4.A Packet Pg. 138 4 of 10 Council Office Food $300 City TV Overtime for Production Staff $1,057 City Clerk Overtime for Council Meeting Support $213 TOTAL COST PER MONTH TOTAL COST PER YEAR (12 additional meetings) $2,586 $31,032 *This cost estimate does not include the additional costs associated with remote public meeting access Council Discussion Items • Move the Councilmember Discussion Items (13 items) deadline to Thursday or Friday of the week prior to the publication of the agenda to allow staff time to manage meeting agendas with the goal of concluding all meetings by 11:00 p.m. • Ad Hoc Updates to be provided to Council on a quarterly basis and seek direction from Council as needed Hybrid/Remote Meetings Discussion The Santa Monica City Council has historically provided two ways for the public to provide input on agenda items: 1. Written comments – The public may submit public comments in writing via email, or hard copy to the City Clerk’s Office prior to each meeting. These comments are attached with each agenda item and included in the official meeting record. 2. Oral Comment – Community members may come to a public meeting and provide public comment upon request. Generally. this comment is limited to two minutes but there are options for additional time. The COVID-19 pandemic required the closure of City facilities and moving public meetings to a virtual platform that also allowed for remote public participation. While many members of the public have expressed a preference for remote public comment, there has been an overall reduction in public meeting participation since the onset of the pandemic in March 2020. 4.A Packet Pg. 139 5 of 10 Since the Council and boards and commissions began meeting remotely in 2020, staff had the opportunity to evaluate different meeting software platforms as well as the staff and other resources required to support remote public meeting participation. Staff also had the opportunity to evaluate participation in meetings since the start of the pandemic. Every system evaluated by staff required additional staffing and other costs to support. While every City was tasked with ways to support public meetings safely during the pandemic, the City’s budget was uniquely impacted because of its significant reliance on tourism, technology sector, retail, parking revenues, and other revenue streams which rely on tourists, employees who spend their workdays here, and other visitors. Many of the City’s revenue streams were severely curtailed as people were ordered to stay home. The resulting budget reductions and restructuring led to the loss of many administrative staff positions, many of whom staffed board and commission meetings. Since the beginning of the pandemic in March 2020, the City suspended in-person meetings and moved all meetings to a completely remote model using the BlueJeans platform. In December 2020, the Council voted to have boards and commissions meet remotely on a quarterly basis, due to staffing shortages and disruptions from the pandemic. Those boards and commission without staffing for their boards and commissions were allowed to self-moderate and use audio recordings as their official record. With the uncertainty of the pandemic, Council extended quarterly meetings for those bodies that did not have staffing until July 2022. In July 2021, the City Council moved to a hybrid model with the Council and some staff meeting in-person and CityTV providing a video stream through their channel, on the City website, and YouTube, with remote phone access through Call-in Studio. This model required a minimum of three staff members to run the remote meeting and call-in option, plus the City Clerk. Most boards and commissions will continue with quarterly remote meetings until at least July 2022. Unless there is a policy decision to change course, all boards, commissions, task force and advisory bodies will return to monthly in-person meetings, which will triple the amount of meetings and required support. 4.A Packet Pg. 140 6 of 10 Starting earlier this year, state and local health mandates and restrictions are being rolled back. City Hall re-opened to the public, and starting April 12, 2022, City Council resumed in-person meetings and discontinued all forms of remote public comment. Board and commission meetings, however, have continued with remote meetings under AB 361. The federal and state governments have both indicated further sunsetting of COVID protocols. Therefore, now is the time to implement a plan to reinstate in-person public meetings and to determine the feasibility of continuing remote public comment and how to effectively and efficiently staff Council and board and commission meetings. Staff took into consideration the costs for facilities, technology, and staffing as well as overall public participation when providing a recommendation for an option for remote participation for Council and board and commission meetings. Facilities Once board and commission meetings return in-person, those meetings will be held at various city facility locations. It should be noted that, due to the pandemic, Ken Edwards Center, where several of the advisory bodies met, is no longer an option as a meeting location due to a lack of staffing and parking. Currently, no facilities have adequate audio visual and/or WiFi capabilities to allow remote meetings, including the Ken Edwards Center. Staff have identified other viable meeting locations within the City and evaluated what is needed to support remote meetings in these locations. This includes upgrading the Council Chambers at an approximate cost of $16,825, including an additional one-time cost of $78,119.51 to update identified meeting facilities, including listening devices for the hearing impaired. Technology The current virtual platforms available and approved by the Information Services Department for remote meetings are Microsoft Teams and BlueJeans; each has pros and cons. Staff recommends the use of Microsoft Teams because it is fully covered by the City’s existing software agreement with Microsoft, and it meets the City’s records retention requirements. No additional funding is needed. All alternative platforms would require additional funding for licensing and staff support. 4.A Packet Pg. 141 7 of 10 Staffing All other cities have reported that additional staffing is required to support remote public meeting participation. Beverly Hills was already staffed to support this service because they provided it prior to 2020. This was also borne out by Santa Monica’s experience supporting remote meetings. It is not possible for one staff person to manage the meeting and the remote call-in service for the public. Therefore, regardless of which platform boards and commissions use, remote public access requires one staff person dedicated to staffing the meeting and one staff person assigned to moderating the meeting call-in queue and facilitating remote public comment. The associated staffing needed to support a hybrid Council meeting includes: overtime for a staff person to assist with in-person attendees, and the addition of a .5 FTE Staff Assistant III to facilitate the call-in option. Costs for all public bodies to hold hybrid meetings are listed below Board and Commission Hybrid Meeting Budget Estimates Dept. Description FTE Estimate d Cost Community Development 1 Staff III + overtime for evening meetings (5 commissions) 1 $106,951 City Manager’s Office Customer Service Assistant Overtime (400 hours per year) for City Council meetings 0.2 $16,794 Community Services 1 Staff III (up to 11 commissions) 1 $91,978 Public Works 1 Staff III (5 commissions) 1 $91,978 Library Overtime ($2,740) + Laptop ($2,313) $5,053 RES (Clerk) .5 Staff III + overtime for evening meetings 0.5 $52,154 Meeting Room Upgrades Upgrades for Chambers A/V, other facilities, and listening devices $94,944 Total 3.7 $459,852 Because the vast majority of boards and commissions are centralized in the Community Development, Community Services, and Public Works Departments, staff has determined those departments would require the addition of 1.0 FTE each to handle 4.A Packet Pg. 142 8 of 10 their own boards and commissions, with additional funding required to cover overtime staffing in the other departments (as noted above). Overall Public Participation in Meetings Most boards and commissions receive between 1-5 comments per meeting, with little change in this participation while remote participation has been permitted since public meetings went remote in 2020 (See Attachment B). It does not appear that remote access has significantly increased public participation in meetings. Another factor for Council to consider is that social media and internet communications make it easier than ever for local issues to align with conversations happening nationally and internationally. The debate on the City’s vaccine mandate is a recent example of this happening. In person public testimony increases the barriers for those from outside of our region to influence local decisions, ensuring the Council and Boards and Commissions are informed by local perspectives. Remote Public Access in Other Cities Throughout the state there have been conversations about how other cities are handling the return to in-person meetings. Staff did a brief survey of cities in Southern California and found there does not appear to be a one-size fits all or consistent approach across cities in this region. Pasadena, El Segundo and Redondo Beach permit in-person and written comment only. Beverly Hills, Culver City and West Hollywood offer some version of remote public testimony, however even they have distinct differences in their approaches. Beverly Hills provided a call-in option prior to COVID-19 and continues to provide this option, requiring staffing from four departments to support their Council meetings. Culver City has a limited hybrid option for only Council and Planning Commission meetings but has not yet determined whether this is a temporary service until everyone fully returns to in-person meetings or if it will be made permanent. West Hollywood is allowing a call-in option through Zoom and required the purchase of an encoder to allow phone calls and an additional staff member to facilitate Zoom, but they have not determined if they will support remote meetings once the health orders are fully relaxed. 4.A Packet Pg. 143 9 of 10 Recommendation and Alternatives Factoring the staffing and technology requirements against the consistent levels of public participation, staff recommends boards and commissions return to strictly in- person meeting participation with an anticipated start date of July 1 or when it is determined to be safe. Until that time, remote meeting participation will continue to be supported. Should Council opt to implement remote meetings, staff would not be able to implement remote public access for all public meetings until this Fall to allow time to recruit staff and make the necessary changes to meeting rooms. Once all boards and commissions and other groups return to their normal meeting schedules and other safety protocols are limited, staff offers the following suggestions. 1. Hold all remote public comment for all items, including public input, at the start of the meeting while those who attend in-person will continue to speak on items as they are called. o Pros: This would reduce staff overtime by releasing them earlier in the evening as opposed to remaining to the end of the meeting and this would provide in-person attendees the benefit of hearing the staff report prior to making their comments. o Cons: This could create an unfair advantage for remote attendees as they will be able to make their comments early in the evening while those who take the time to come to the meeting in person will have to remain. Also, those attending remotely will not have the benefit of hearing the staff report prior to making their comments. 2. Continue to hold comment for each item as they are called, alternating between those attending in person and those attending remotely. o Pros: This would be a fairer option for both in-person and remote attendees. 4.A Packet Pg. 144 10 of 10 o Cons: This would require more overtime costs and the Mayor would not be able to see the remote callers in the speaker queue. Financial Impacts and Budget Actions If each department were to add remote public comment to their board and commission meetings, there would be a need for Council to approve the addition of 3.7 staff positions in addition to overtime hours, for a total of $459,852, in addition to equipment and facility upgrade costs. At this time, if Council chooses to move forward with remote public comment, staff would work with the Finance Department to integrate these costs into the budget for approval and identify any potential tradeoffs needed to make the necessary funding available. Prepared By: Nikima Newsome, Assistant City Clerk Approved Forwarded to Council Attachments: A. Council Agenda Management Information Item_Nov 2021 B. PublicParticipationatMtgs C. Written Comments 4.A Packet Pg. 145 1 Date: November 29, 2021 To: Mayor and City Council From: Records & Elections Services Director Denise Anderson-Warren Subject: History of the City Council’s Rules of Order on the Order of Business and Public Testimony and a Survey on General Public Comment Period from California Agencies Introduction At the September 14, 2021 meeting, the Council requested information on: 1) when and how other agencies hear public comment at Council meetings, and 2) the order that agenda items are heard, including Closed Session, to reduce wait time for public speakers. Staff surveyed California agencies as well as reviewed past staff reports and resolutions regarding the Council’s Rules of Order and Procedure for the Conduct of City Council meetings. This report presents those findings. Background The Council meets a minimum of 24 times a year, most meetings last six hours or more. On average, about 29 public speakers per meeting that register to speak on agenda items and about two speakers for general public comment. Historically, general public input has been heard after the City’s business has been completed. Council has tried various ways to fit Closed Session to their schedules. While some other agencies designate time to hear general public input first, the ways in which they manage their meeting schedule may be difficult to implement for Santa Monica. For example, meeting before 5:30 p.m. may be difficult as most Council and public members work during this time. Designating separate days for Closed Session Information Item 4.A.a Packet Pg. 146 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 2 would add to and not streamline the Council’s schedules and may affect staff’s daily operations. Should Council wish to revise their rules on general public input and the Order of Business, staff can return with a revised resolution and proposals on streamlining the public comment and agenda management process. Discussion City Council meetings have largely remained the same with meetings taking place after business hours and ending in the late evening or even into early the next morning. The review of past staff reports and resolutions shows that while changes have been made to the Order of Business over the years, the overall structure of meetings has remained largely the same. General Public Comment The Santa Monica City Council, as required by the Brown Act and the Council’s Rules of Order, hears general public comment on items on any issues not on the agenda but are within the subject matter jurisdiction of the Council, at all regular meetings. Currently, the City Council hears general public comment as the last item at meetings. Agendized items presented before Council can often receive a large volume of public comment. To ensure that all can comment and that agenda items may be heard during a reasonable hour, Council has opted to limit the speaking time for public comment to two minutes. In 2001, Council considered limiting general public input to just a 20-minute period at the beginning of meetings, but the proposal was not approved. In 2006 then City Councilmembers Robert Holbrook and Herb Katz sued the City claiming that the holding of general public comment at the end of the Council meeting (and often past 11PM) violated the Brown Act as it “in essence deprives the public of their fundamental right to address their local representatives.” Holbrook v. City of Santa Monica, (2006 144 Cal.App.4th 1242). The lawsuit was dismissed. In 2008, the Council did approve a rule to accommodate and hear speakers with special needs early on in the agenda but did not approve any changes to schedule separate special Closed Session meetings or 4.A.a Packet Pg. 147 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 3 consider agenda management at specified times so that members of the public could anticipate when or if particular matters would be heard. Closed Session The review of Council reports and resolutions shows that Closed Session has changed places on the agenda from time to time. In 1987, Closed Session formally appeared in the Council’s Order of Business as the first item of business. In 1997, the Council revised the rules to hear Closed Session as the last item of business. In 2001, the Council revised the rules to hear Closed Session after the Consent Calendar to accommodate Council’s work schedules and other commitments. In 2010, the Council revised the rules to hear Closed Session as the first item of business again and eliminated the special accommodations rule but offered an alternative to submit written comments. These resolutions are outlined in the following table. Table 1: Council Meeting Rules of Order Meeting Date Resolution No. Amendment 4/28/1987 7417 Closed Session & Public Comment periods formally appears under Order of Business with Closed Session heard first and general Public Input last. 2/25/1997 9127 Closed Sessions moved to end of Order of Business. 1/23/2001 9614 Closed Session moved up after Consent. Proposal to hear 20 minutes of general Public Input after Special Agenda Items not approved. 5/22/2008 10290 Approved accommodation rule to hear speakers with special needs early. Proposal to hold separate meetings for Closed Sessions or conduct agenda management at specified times not approved. 9/14/2010 10525 Closed Sessions moved up as first item and accommodations rule eliminated. Staff distributed a survey to California agencies and looked closer at agencies whose meetings are comparable to Santa Monica’s (taking place twice a month, running for 4 or more hours, and usually having 10 or more public speakers). Staff then looked into these agencies’ general public comment process and how their meeting schedules are 4.A.a Packet Pg. 148 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 4 managed. Of these agencies, nine conducted their meetings in ways different from Santa Monica and their information is in Table 2. For context, Santa Monica and the Cities of Los Angeles and Beverly Hills were included as they were mentioned at the September 14th meeting. Of the 11 cities, most operate meetings similar to Santa Monica, holding evening meetings and having Closed Session precede the public meeting. All offer either one or two general public input periods on their agendas. Four cities offer public comment at the start of the public meeting and there is some variation in practice. For example, the City of Chico limits general public input to one hour. The City of Huntington Beach hears public comment on both non-agendized and agendized comments at once. The City of Costa Mesa holds their Closed Session in the early afternoon to allow more time for the open session. Six of the 11 cities offer two opportunities for general public comment, usually at the beginning and end of the public meeting. They also limit the time or number of speakers for the first period and hear Closed Session separately. The City of Ventura only offers two public input periods on the first meeting of the month and limits the first period to 30 minutes. The City of West Hollywood hears general public input on the Consent Calendar and non-agenda items but gives priority to Consent Calendar speakers and limits the total time for public input to 20 minutes. The City of Torrance limits both of their public input periods to 15 minutes and continues Closed Session items to the end of meetings, if needed. Prepared By: Maria Dacanay, Administrative Analyst Attached: 1. Table 2: Survey of California Agencies 2. Resolution Number 11360 (CCS) 4.A.a Packet Pg. 149 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 5 Table 2: Survey of California Agencies Agency Start Time (Open Session) Closed Session General Public Comment Session(s) General Public Comment Time Additional Notes Berkeley 6:00 p.m. Separate session before open session 2 Beginning & End of Open Session First session limited to 10 speakers, Closed Session at 4:00 p.m. Beverly Hills 7:00 p.m. Separate session before open session 1 Beginning of Open Session Closed Sessions at 2:30 p.m. Meetings typically have less than 10 speakers and are conducted in under 4 hours. Chico 6:00 p.m. End of Meeting 1 Beginning of Open Session Limited to 1 hour, after Consent Calendar Costa Mesa 6:00 p.m. Separate session before open session 1 Beginning of Open Session Closed Session at 4:00 p.m. Huntington Beach 6:00 p.m. Beginning of Meeting 1 Middle of Open Session Allows comments on agenda & non-agenda items after, Closed Session at 5:00 p.m. Los Angeles 10:00 a.m. End of Meeting 1 Beginning of Open Session Allows comments on agenda & non-agenda items. City Council regularly meets 3 times/week and conducts Public Hearings in separate Committee meetings that allows for meetings to be held in under 4 hours. Napa 3:30 p.m. Separate session before open session 2 Beginning of Open Session Second open session at 6:30 p.m. Closed Session heard during first open sessions at about 4:30 p.m. Newport Beach 4:00 p.m. Beginning of Meeting 2 Beginning & Middle of Open Session First session allows comments on agenda items Santa Monica 5:30 p.m. Beginning of Meeting 1 End of Open Session Torrance 6:30 p.m. Separate session before open session 2 Beginning & End of Open Session Both sessions limited to 15 minutes. Closed Session at 5:00 p.m. and continued to end of meetings as needed. Ventura 6:00 p.m. Separate session before open session 2 Beginning & End of Open Session First session limited to 30 minutes & only heard for the first meetings of the month. Second meetings hear public input at the end of meetings. Closed Session at 5:00 p.m. West Hollywood 6:00 p.m. Separate session before open session 2 Beginning & End of Open Session First session limited to 20 minutes on Consent Calendar & non-agenda items, with priority to Consent Calendar comments. Closed Session at 5:30 p.m. 4.A.a Packet Pg. 150 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format 1 City Council Meeting: September 14, 2021 Santa Monica, California RESOLUTION NO. 11360 (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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 151 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 2 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 152 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 3 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 153 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 4 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 154 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 5 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 155 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 6 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 156 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 7 (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 or otherwise or address them in other ways. (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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 157 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 8 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 158 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 9 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 159 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 10 (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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 160 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 161 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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 2:00 p.m. 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 the public record. (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 late speaker 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. 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. (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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 162 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 163 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 164 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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. 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 165 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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. 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. DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 166 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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. /// /// DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 167 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) 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 DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 168 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) Adopted and approved this 14th day of September 2021. __________________________ Sue Himmelrich, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11360 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of September 2021, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: D8695968-3B6D-443E-A108-D70AB5580B8D 4.A.a Packet Pg. 169 Attachment: Council Agenda Management Information Item_Nov 2021 (5117 : Council Meeting Format Changes & Hybrid Options) City Department Board/Commission/Task Force Average # of Public Members who attended meetings prior to COVIDAverage # of Public Input received prior to COVIDAverage # of Public Attendees during COVIDAverage #r of Public input received per virtual meetingAverage # of Written Comments Per MeetingAirport Commission 10‐12 8‐10 3‐4 1‐2 3‐440+ for big itemsClean Beaches and Ocean Parcel Tax Citizens Oversight Committee00000Commission on Sustainability, Environmental Justice, and the Environment5‐10 2‐4 2‐4 1‐2 0Urban Forest Task Force 10 2 16 2 0‐1Arts Commission 0‐3 0‐2 0‐2 0‐2 0‐2Commission for the Senior Community 0‐3 N/A (No meetings) N/A (No meetings) 0.16Commission on the Status of Women 0‐3 N/A (No meetings) N/A (No meetings) 0.08Disabilities Commission 0‐3 Staff not in attendance; unknown Staff not in attendance; unknown 1Social Services Commission 6‐10 Staff not in attendance; unknown Staff not in attendance; unknown 1Housing Commission 5‐10 4 10 4 28‐12 for big itemsRecreation and Parks Commission 0‐5 0‐5 0‐5 0‐5 0‐2Architectural Review Board 5‐10 1‐2 5 0 2‐3Building and Fire‐Life Safety Commission 0‐2 0‐2 0 0 0‐2Landmarks Commission 10‐15 5 10‐15 5 10‐15Planning Commission 15‐20 9100+ for big items17 19 54400 for big itemsFinanceAudit Subcommittee 0 0 0 0 0Human ResourcesPersonnel Board 1‐2 1‐2 1‐2 1‐2 0LibrarySanta Monica Library Board 0 0 0 0 1City ManagerPublic Safety Reform and Oversight Commission Did not exist prior to COVID Did not exist prior to COVID 3‐17 3 1Public Participation at Board and Commission MeetingsIn 2019, these commissions heard 112 public comments from 65 unique speakers. Average of 2 comments per meeting.Public WorksCommunity ServicesCommunity Development4.A.bPacket Pg. 170Attachment: PublicParticipationatMtgs (5117 : Council Meeting Format Changes & Hybrid Options) 1 Vernice Hankins From:Bruce Leddy <bruce.leddy@gmail.com> Sent:Monday, May 23, 2022 7:49 PM To:councilmtgitems Subject:May 24 Council Mtg Agenda Item 40A EXTERNAL  Mayor and Council Members - I urge you to support hybrid meetings for Council and Commission meetings. Civic participation is hard to galvanize when residents have busy lives, so anything that makes participation easier for the public should be encouraged. Yes, there are costs (though it seems hard to understand why it would require $94,000 of facility upgrades when we've already had successful remote participation for the past two years) but I feel the benefits to the democratic process and the greater participation by all stakeholders is well worth the expense. In-person participation does cut down on non-resident interference, but perhaps call-in could be limited to only those who live and/or work in Santa Monica. When the clerk asks callers to state their name, they could also ask them to state their address or affiliation with the City (resident, business owner, etc). I disagree with the proposal to hold all public comment at the start of the meeting. So much information is disseminated during staff and applicant presentations that might mitigate or alter people's questions, that it seems an unfair disadvantage to make the public comment beforehand. Many thanks for your time and consideration. Bruce Leddy 22 Year Santa Monica Resident NOMA Executive Board Item 4.A 05/24/22 1 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 171 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) THE LEAGUE OF WOMEN VOTERS OF SANTA MONICA P.O. Box 1265 Santa Monica, CA 90406-1265 Phone: 310.564.6946 www.lwvsantamonica.org #MakingDemocracyWork May 23, 2022 Re: City Council Agenda Item 4A Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and City Councilmembers, The League of Women Voters of Santa Monica is a nonpartisan political organization which encourages informed and active participation in government. We appreciate the Council’s efforts to explore options to allow for more robust and inclusive public input. As you continue to refine the policies for public meetings, we urge you to include options for remote public comment such as a call-in option, for all public meetings of the City Council and City Boards and Commissions. Providing spoken public comment at City Council meetings, as well as Board and Commission meetings, is an important part of enabling active participation in government. Unfortunately, the ability to provide spoken public comment has not always been accessible for all. When the COVID-19 pandemic began and all public meetings moved to remote meetings, a silver lining of this awful situation was greater accessibility for members of our community to provide feedback to our elected and appointed leaders. When the Council returned to in-person meetings on April 12, 2022, without the option for remote verbal public comment, many constituents were once again limited in their opportunities to provide feedback in Council meetings. In-person meetings have always been inaccessible for some members of our community, and the pandemic has expanded the number of community members who are not able to attend in-person meetings. This includes people at higher risk of complications from COVID-19, people who serve as caretakers of children, partners, or other dependents, or any number of life situations that may restrict the ability of community members to attend in-person meetings to provide verbal public comment. We acknowledge that all constituents also have the option to provide written public comments, such as this letter, and that all of these written public comments become part of the public record. However, there are limitations to written comments and allowing remote verbal public comment during City Council meetings is a vital part of not only enabling robust public participation in government but also increases the probability that Councilmembers will hear the comments. In our City’s efforts to move forward towards becoming a more inclusive, equitable, and accessible community, it has become clear over the last two-and-a-half years that the ability to provide remote public comment is a necessity. We urge you, the City Council, to take the necessary steps to make public participation in local government more inclusive, accessible, and equitable for all. Sincerely, Natalya Zernitskaya President League of Women Voters of Santa Monica OFFICERS President Natalya Zernitskaya Vice President, Program Barbara Inatsugu Secretary Sharon Hart Treasurer Karen Carrey DIRECTORS Cathie Gentile Jason Islas Angela D. Scott Ann Williams Item 4.A 05/24/22 2 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 172 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 1 Vernice Hankins From:Danielle Charney <shineshuge@gmail.com> Sent:Tuesday, May 24, 2022 1:20 AM To:Council Mailbox; councilmtgitems; Clerk Mailbox; David White Subject:Item 4 A Hybrid Meetings EXTERNAL    City Councilmembers, Hybrid meetings are important to equal representation of all residents and Santa Monicans in City government. Please support this expanded format for all City Council, Board, and Commission meetings going forward. Remote meeting access is essential for disability access and other diverse local participation, including Santa Monicans who cannot attend for many reasons: maybe they have children, can't be up late and sit in the very uncomfortable seating in chambers due to neck and back injuries..lack cars or have any number of situations that make it hard to attend in person. Hybrid meetings allow all Santa Monica residents equal opportunity to provide their input to City officials and influence local governance, which benefits us all. In 2022, Santa Monicans have a fundamental right to remotely access and participate in City government. We need hybrid Council, Board, and Commission meetings immediately and permanently. Please do not listen to the related staff recommendation. Staff does not consider what residents need. Please support and swiftly implement this crucial equitable public access. Thank you for your attention and consideration. Sincerely, Danielle Charney   Item 4.A 05/24/22 3 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 173 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 2 Vernice Hankins From:emsmail135@gmail.com Sent:Monday, May 23, 2022 10:42 PM To:councilmtgitems; Sue Himmelrich; Gleam Davis; Kristin McCowan; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre Cc:David White; Denise Anderson-Warren; Susan Cola Subject:Item 4A—SUPPORT HYBRID MEETINGS! EXTERNAL    Dear City Councilmembers,    Hybrid meetings are vital to equal representation of all Santa Monicans in City government. I urge you to support this  expanded format for all City Council, Board, and Commission meetings going forward.    Remote meeting access is essential for disability access and other diverse local participation, including Santa Monicans  who:    • care for small children  • work late  • do not have reliable transportation  • are sick   • have other circumstances that prevent them from attending City meetings in person    Hybrid meetings allow all Santa Monica residents equal opportunity to provide their input to City officials and influence  local governance, which benefits us all.    In 2022, Santa Monicans have a fundamental right to remotely access and participate in City government. We need  hybrid Council, Board, and Commission meetings immediately and permanently.     Please disregard the related staff recommendation and support and swiftly implement this crucial equitable public  access.     Thank you for your attention and consideration.    Sincerely,  Michelle Gray  Item 4.A 05/24/22 4 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 174 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 1 Vernice Hankins From:Elaine Golden-Gealer <elaine@elaine360.com> Sent:Tuesday, May 24, 2022 9:03 AM To:councilmtgitems; David White Cc:Elaine Golden-Gealer Subject:Item 4a: SUPPORT hybrid meetings, support public input at top of meetings EXTERNAL    Hello Councilmembers,    Shouldn't public meetings be as accessible as possible?    Please allow for hybrid meetings and for residents to be able to call in if they are unable to  attend in person for whatever reason, be it work, disability, childcare responsibilities, being  out of town etc.    The public input period must be moved to the beginning of the meetings! No more waiting  around for hours, sometimes past midnight!    Sincerely,    Elaine Golden‐Gealer  Santa Monica resident since 1977    Item 4.A 05/24/22 5 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 175 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 1 Vernice Hankins From:zinajosephs@aol.com Sent:Tuesday, May 24, 2022 10:44 AM To:councilmtgitems; Christine Parra; Gleam Davis; Kristin McCowan; Lana Negrete; Oscar de la Torre; Phil Brock; Sue Himmelrich Cc:zinajosephs@aol.com Subject:City Council -- 5/24 item 4-A -- Hybrid meetings with call-in option -- SUPPORT! EXTERNAL    May 24, 2022 To: Mayor Himmelrich and City Council members From: Zina Josephs RE: Agenda item 4-A -- Study Session --Discuss potential for hybrid meetings with a call-in option for all boards and commission meetings. I get the feeling that this COVID pandemic is going to last forever. If we don't get people worldwide vaccinated, new variants will keep cropping up. As a result, while I have no desire to attend in-person City Council meetings, or any other in-person events, I would like to retain the option to phone in public comments. Thank you for your consideration. Zina Josephs       Discussion and direction to staff on best practices to change the Agenda formatting to make Council meetings more efficient and consideration of cost and implementation of Hybrid meetings with a call-in option Recommended Action Staff recommends that the City Council: 1. Review and comment on changing the Council meeting agenda formatting to make meetings more efficient; 2. Discuss potential for hybrid meetings with a call-in option for all boards and commission meetings; and, 3. Provide direction to staff to come back with resolutions amending the Rules of Order and Procedure for the Conduct of City Council meetings, and amending the Establishing Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards.   Item 4.A 05/24/22 6 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 176 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 1 Vernice Hankins From:OZ <zurawska@yahoo.com> Sent:Tuesday, May 24, 2022 12:01 PM To:councilmtgitems Subject:4A - YES to hybrid meetings, YES to public input period at beginning of mtgs EXTERNAL    “Democracy is the government of the people, for the people, by the people” – Abraham Lincoln. "Democracy Dies in Darkness" – Judge Damon Keith. "If I could turn back time" - Cher * * * The pandemic has changed forever how the population of this planet communicates. Teleconferencing is here to stay. No, you can't turn back time. The City must acknowledge the new normal and allow for hybrid meetings. To counter some very strange statements in the staff report: public meetings are public, which means that anyone can participate, no matter where they are from or where they are physically located. Santa Monica residents who are out of town should be able to call in to Council meetings. Councilmembers have the right to call in, right? Didn't two Councilmembers call in two weeks ago? Incidentally, it was a meeting where the City Clerk and interim City Attorney refused to grant reasonable accommodation requests by two disabled residents who were asking to be allowed to call in. A clear case of discrimination where the Councilmembers can call in, but not residents... The argument used by the staff that there was roughly the same amount of public comment pre- pandemic as there was during the pandemic via teleconferencing does not hold much water either. The pool of people who attend in person is likely not the same pool of people who called in via phone or an app. The goal of public meetings is to be accessible to the general public, with the right to comment for everyone who wishes to attend and/or comment. The argument used in the staff report that money could be saved by offering in-person meetings only in insulting to the public. It is the public's money, not the staff's. The meetings are for the public, not for the staff, and not for the Councilmembers. The Councilmembers have been hired by the public (via an election) to represent them. The staff's opinion here is meaningless. The public input period must be moved to the beginning of the meetings. Otherwise there is a chilling effect where the citizens are effectively prevented from participating when they are unable to sit around for hours waiting to be able to speak for two minutes late at night. Item 4.A 05/24/22 7 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 177 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options) 2 I'm including a link to https://publicinput.com/, which is an option to consider for offering hybrid meetings. I'm not affiliated with this company in any manner, and I cannot attest to the quality of their product, but it is an option to look into. Regards, Olga Zurawska Item 4.A 05/24/22 8 of 8 Item 4.A 05/24/22 4.A.c Packet Pg. 178 Attachment: Written Comments (5117 : Council Meeting Format Changes & Hybrid Options)