SR 02-28-2023 5K
City Council
Report
City Council Meeting: February 28, 2023
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue
Subject: Adoption of a Resolution to Establish an Advisory Committee to Make
Recommendations Regarding Expenditure of additional funds raised by
increasing the transient occupancy tax above 14%
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines;
2. Adopt the attached resolution establishing an advisory committee to make
recommendations regarding the expenditure of additional funds raised by
increasing the City’s transient occupancy tax rate by 1% for hotel stays and 3%
for home-share stays pursuant to Measure CS.
Summary
Measure CS, which increases the City’s transient occupancy tax from 14% to 15% for
hotels/motels and to 17% for home shares, was overwhelmingly approved by Santa
Monica voters at the November 8, 2022, General Election. The new rates will go into
effect on March 1, 2023. The more than $4 million in additional annual funds raised by
the rate increase will provide new resources to help fund on-going urgent community
priorities, specifically in the areas of enhancing safety and addressing homelessness.
To provide an additional level of accountability and oversight on the use of the revenues
generated by Measure CS, the ballot measure requires that Council create an Advisory
Committee that would make non-binding recommendations on the use of the additional
TOT revenues. The measure further requires that the Advisory Committee be created
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by a resolution no later than February 28, 2023. The attached resolution will formally
establish a five-member committee that includes Santa Monica residents and
representatives from local hospitality businesses and the homeless behavioral health
services community.
Discussion
The staff report recommending placing Measure CS on the ballot discussed a possible
structure for a five-member committee with members representing local businesses
including the hospitality industry, homeless behavioral health sector, and residents.
Within the attached resolution, staff is proposing a Committee made up of the following:
• Two members who are Santa Monica residents
• Two representatives or members from local hospitality businesses
• One member representing the homeless behavioral health services community
(not-for-profit, governmental or hospital)
Staff recommends that the Board members of Santa Monica Travel and Tourism
provide recommendations to the City Council for the representatives from the hospitality
business community. Aside from the City Manager or their designee, members of the
Board of Santa Monica Travel and Tourism are selected equally by the Council and the
Chamber of Commerce, so it is anticipated that the selection will be representative of
the City’s broad business community. Staff also recommends that Council seek and
recommend the resident members and the member representing the homeless
behavioral health services community.
The scope of work of the Committee is to provide non-binding recommendations as to
the use of the additional funds raised from the rate increases adopted by the voters
pursuant to Measure CS. The Committee is subject to the rules of the Brown Act. It is
proposed that Committee members would have two-year terms. The Committee will
provide recommendations to the City Manager. The Committee members will select a
Chair and Vice Chair at the first meeting of the calendar year. The Committee will meet
at least once a year between February and May, with the goal of completing
appointments this year to convene the Committee in May 2023, allowing for the
Committee to provide its recommendations along with the adoption of the budget. The
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Finance Department will staff the administration of the Advisory Committee. The
attached resolution provides further detail on the structure and scope of work of the
Committee.
Environmental Review
Creation of the Advisory Committee is categorically exempt from CEQA pursuant to
Section 15061(b)(3) of the CEQA Guidelines. Creation of the Committee is covered by
the common sense exemption which states that CEQA does not apply, “where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.” Creation of the Committee would not result in
adverse physical impacts on the environment, and as such, is categorically exempt from
CEQA.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Recommendations made by the Committee may result in how
funds are allocated in the annual adopted budget.
Prepared By: David Carr, Assistant City Treasurer
Approved
Forwarded to Council
Attachments:
A. 14108 - Resolution
B. Exhibit A - Resolution 11337
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City Council Meeting: February 28, 2023 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING A TRANSIENT OCCUPANCY
TAX ADVISORY COMMITTEE
WHEREAS, on February 8, 2022, the City Council of the City of Santa Monica (the
“City Council”) directed staff to review the feasibility, timing, and structure of potential
revenue measures including an increase to the City’s Transient Occupancy Tax (“TOT”);
and
WHEREAS, the City’s TOT is contained in Chapter 6.68 of the Santa Monica
Municipal Code; and
WHEREAS, staff engaged a consultant to complete a survey of Santa Monica
voters to determine the viability of different tax measures and the community’s spending
priorities on additional tax revenue; and
WHEREAS, at the May 24, 2022 Budget Study Session, the City Council directed
staff to move forward with a tax measure to increase the City’s TOT; and
WHEREAS, on June 28, 2022, the City Council adopted Resolution Number 11430
(CCS) by unanimous vote to place a measure, which would be later known as Measure
CS, on the November 8, 2022 ballot to increase the City’s TOT; and
WHEREAS, the June 28, 2022 staff report recommending that the TOT measure
be placed on the ballot identified community priorities from the revenue measure poll,
including expansion of services in the areas of homelessness and public safety; and
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WHEREAS, Measure CS proposed to increase the City’s TOT rate from 14% to
15% for hotels and motels and to 17% for home-shares; and
WHEREAS, Measure CS is estimated to bring in an additional $4,100,000 in
annual revenue to the City (“Additional TOT Revenue”); and
WHEREAS, the ballot question for Measure CS asked voters whether the City’s
TOT should be increased to “address homelessness, improve 911 emergency response
times and neighborhood police protection, make public areas safer and cleaner, including
streets, sidewalks, parks, and the beach, and provide other vital City services,” and
WHEREAS, a majority of Santa Monica voters voted in favor Measure CS at the
November 8, 2022 General Election; and
WHEREAS, Measure CS states that the “City Council shall, no later than February
28, 2023, establish by resolution an advisory committee that will make non-binding
recommendations as to the expenditure of additional funds raised by increasing the [TOT]
above 14%;” and
WHEREAS, Santa Monica Travel and Tourism (“SMTT”) is a private, non-profit
corporation formed in 1982 and funded by the City’s general fund and the Tourism
Marketing District assessment; and
WHEREAS, SMTT’s purpose is to promote Santa Monica as a conference,
business, and leisure travel destination and acts as a marketing representative for local
businesses and the community as a whole; and
WHEREAS, the City Council now desires to establish a TOT Advisory Committee
as required by Measure CS to provide non-binding recommendations on the City’s usage
of the Additional TOT Revenue.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica hereby establishes a
TOT Advisory Committee to provide non-binding recommendations on the Additional TOT
Revenue.
SECTION 2. Composition. The TOT Advisory Committee shall consist of five
members who shall be appointed by the City Council through a public process. The five
members of the TOT Advisory Committee shall include: (a) two members who are Santa
Monica residents; (b) two members or representatives of the local hospitality businesses;
and (c) and one member representing the homeless behavioral health services
community. SMTT is authorized to provide the City Council with two non-binding
recommendations for the two members or representatives from the local hospitality
business for the City Council’s consideration.
SECTION 3. Open Meeting Laws. TOT Advisory Committee meetings shall be
held in compliance with the State’s Open Meeting Laws. Notice of meetings, including
adjournment, shall also be given in accordance with the provisions of the Ralph M. Brown
Act, California Government Code section 54950 et seq. (the “Brown Act”). In the event of
a conflict between the provisions of the Brown Act or any other law and any provision of
these Rules of Conduct, the Brown Act, or other law, shall prevail. The noticing provisions
shall further be subject to any amendments of the Brown Act.
SECTION 4. Quorum. A majority of TOT Advisory Committee members shall
constitute a quorum for the transaction of business, except to adjourn. The City Manager,
or designee, shall attend all TOT Advisory Committee meetings.
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SECTION 5. Officers Powers and Duties. At the first regular meeting of each
calendar year, the TOT Advisory Committee shall elect a Chair and a Vice-Chair for a
one-year term. Until new officers are elected, the outgoing officers shall continue to serve,
when a quorum is needed and no officers are available. The Chair shall be the Presiding
Officer at all meetings. In the absence of the Chair, the Vice Chair shall preside. In the
absence of both the Chair and Vice Chair, the City Clerk or designee shall call the TOT
Advisory Committee members present to serve until the arrival of the Chair or Vice Chair
or until adjournment. Meeting agendas shall be prepared by the Chair in consultation with
the City Manager or designee.
SECTION 6. Conduct of Meetings. Except as otherwise provided, the TOT
Advisory Committee shall adopt bylaws that substantially follow the City’s Template
Bylaws attached to Resolution Number 11337 (CCS), as amended from time to time. A
copy of Resolution Number 11337 is attached hereto as Exhibit A and incorporated herein
by reference.
SECTION 7. Regular Meetings. Regular meetings of the TOT Advisory Committee
shall be held at least annually between February and May, at such locations, and at such
times as may be fixed by the TOT Advisory Committee.
SECTION 8. Duties and Responsibilities. The duties and responsibilities of the
TOT Advisory Committee include, but are not limited to:
(a) Proposing, considering, reviewing, and evaluating proposals for potential
expenditures of the Additional TOT Revenue; and
(b) Comparing competing proposals for expenditures of the Additional TOT
Revenue; and
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(c) Determining what potential expenditures of the Additional TOT Revenue
should be recommended to the City Manager as part of the budget adoption
process; and
(d) Providing the City Manager with TOT Advisory Committee’s non-binding
recommendations as to the Additional TOT Revenue.
SECTION 9. 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 Sloan
City Attorney
EXHIBIT A – Resolution 11337
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City Council Meeting: June 8, 2021 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE CITY CLERK’S RECOMMENDED PROCEDURAL CHANGES
TO SANTA MONICA BOARDS, COMMISSIONS, COMMITTEES, AND TASK
FORCES, AND DIRECTING CITY BOARDS, COMMISSIONS, AND TASK
FORCES TO IMPLEMENT THE CITY CLERK’S RECOMMENDED CHANGES
AND ADOPT THE CITY CLERK’S TEMPLATE BYLAWS BY NO LATER THAN
JANUARY 1, 2022
WHEREAS, at the December 17, 2019 City Council meeting, the City Clerk
brought before the Santa Monica City Council (Council) a staff report requesting the
establishment of a Community Working Group (CWG), in consultation with the City
Manager’s Office and the City Attorney’s Office, to perform a comprehensive review of
the City’s boards, commissions, committees, and task forces to make
recommendations and suggestions regarding best practices and consider possible
consolidation of certain boards and commissions with similar missions and purviews;
and
WHEREAS, the overarching goal of the CWG was to promote participation in
the City’s boards and commissions based on inclusion, diversity, and equity, and the
CWG sought to support good governance and the development of leadership skills for
members of the public participating on boards and commissions; and
WHEREAS, over the course of four months, the CWG met to discuss policies
and best practices regarding attendance; the standardization of templates for agendas,
minutes, and bylaws; methods for making appointments to boards and commissions;
financial and administrative support of boards and commissions; and the need to
11337
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consolidate certain boards and commissions; and
WHEREAS, the City Clerk provided the CWG’s recommendations to City
boards, commissions, committees, and task forces, and encouraged them to meet to
agendize discussion on the recommendations, and to provide any feedback they may
have by April 15, 2021; and
WHEREAS, after careful consideration of the CWG’s recommendations, as well
as feedback from City Department Heads, City staff, and the boards, commissions,
committees, and task forces responding to the City Clerk’s request for feedback, the
City Clerk created her own recommendations, and presented those recommendations
to Council at its April 27, 2021 meeting; and
WHEREAS, at the April 27 Council meeting, Council provided the City Clerk with
direction on boards, commissions, committees, and task forces best practices, and
implementation of the City Clerk’s recommendations; and
WHEREAS, the City Clerk now returns to Council for approval of the City Clerk’s
recommendations, as revised to incorporate Council’s direction from its April 27
meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Council hereby approves the procedural changes to City of
Santa Monica boards, commissions, and task forces, as set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference. Council also approves the
template bylaws, which are attached hereto as Exhibit B and incorporated herein by
this reference.
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SECTION 2. Council hereby directs all City boards, commissions, committees,
and task forces, with the assistance of the City Clerk’s office, to implement the
procedural changes set forth in Exhibit A and adopt the template bylaws set forth in
Exhibit B. A City board, commission, committee, and task force may add or keep
provisions specific to that body to the bylaws, so long as the additional provisions do
not conflict with the template bylaws. All City boards, commission, and task forces
must implement the procedural changes set forth in Exhibit A and adopt the template
bylaws set forth in Exhibit B by no later than January 1, 2022.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
GEORGE S. CARDONA
Interim City Attorney
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Exhibit A
(Procedural Changes)
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City of Santa Monica
Boards, Commission and Task Force Approved Recommendations
Effective July 1, 2022
Bylaws
A. Every City Board, Commission, and Task Force should have consistent bylaws,
established by resolution, which include the following:
1.Officers shall serve no more than two consecutive years as Chair or Vice Chair, in
order to promote diversity and provide a leadership opportunity for more members
of the community.
2.The election of officers shall take place in July after the annual appointments.
3.Any board of commission with a December year-end appointment schedule shall
move its appointments to June to align with the annual appointments.
4.All boards, commissions, and task forces shall produce an annual workplan to set
priorities for the year, which should align with their corresponding department’s
goals and objectives. All boards, commissions, and task forces shall also produce
an annual one-page evaluation.
5.Required onboarding and annual training shall take place as soon as practicably
possible after the appointments in July. Required annual training must be completed
within three months of appointments in July.
6.All boards, commissions, and task forces shall adopt the agenda order of business
found in the template bylaws. If an agenda item category does not apply to a
particular board, commission, or task force, the inapplicability shall be noted on the
agenda.
7.Attendance requirements shall be set forth in the Boards and Commissions
Resolution and the template bylaws. Attendance requirements shall be consistent,
and clarify the rules for what is considered an excused and an unexcused absence.
8.Except in extraordinary circumstances, the latest start time for any board,
commission, or task force, and standing committee meeting shall be 7:00 p.m.
9.Accommodation language shall be included in the bylaws template after
consultation from the Disabilities Commission.
10.The status of the Task Force on the Environment shall change to a permanent
commission with the same term limits as other boards and commissions. The Task
Force should be renamed the Commission on Sustainability and the Environment. A
goal of achieving environmental justice should be added to the ordinance.
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11. All existing Boards, Commissions, and Task Forces shall utilize the bylaws template
to be consistent with the City Council format.
Term Limits
B. Term limits shall remain the same, allowing members to serve two consecutive terms
and request a third term from the City Council. However, members who term out must
wait one year before applying to another board or commission.
Unexcused Absences
C. Members who have two unexcused absences out of six consecutive
meetings automatically vacate their seat. An absence is considered unexcused when a
member does not communicate their absence to the Chair or liaison of the body prior to
the scheduled meeting. If a member has more than two excused absences, they will
receive a warning from the Chair. If another two meetings are missed, then the liaison
shall inform the City Clerk’s office, who will then inform the City Council.
Special meetings shall not count towards unexcused absences. This applies to boards,
commissions, and task forces meeting monthly. Boards, commissions, and task forces
with meeting schedules other than monthly shall adopt bylaw provisions consistent with
the intent of this rule.
Staff Liaisons
D. Staff liaisons are expected to do the administrative work for Boards and Commission
and not intensive research. Staff research should be limited to information that the
department uniquely has access to and should align with the department’s workplan.
Budget
E. Budgets for boards Commissions, and task forces shall be taken from each board,
commission, or task forces corresponding department’s budget.
Enhancing Diversity, Equity, & Inclusion
G. The City Clerk shall explore all means to enhance diverse representation that reflects
the Santa Monica community that includes:
1. Increase the use of social media to reach and encourage community members to
get involved.
2. Consider involvement at fairs or booths at festivals, such as COAST, for
interested applicants to meet active board and commission members and City
Council members to learn more about each board and commission and have an
opportunity to build connections.
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3. Consider community-based meetings and cultural events that give residents
more opportunity to have informal conversations about community needs and
concerns.
4. Specific outreach to younger members of the community age 18 through 29 to
sit on boards and commissions and have equal voting rights.
Five-Year Review
H. A comprehensive review of all advisory bodies should occur every five years except
that no such review shall occur in an election year.
Update to Applications
I. Consider updating board, commission, and task force applications every five years.
Additional Training
J. Consider training sessions on running meetings, participating during meetings,
parliamentary procedure, and other trainings including but not limited to implicit bias
training. Such trainings would be for Commissioners but could also be open to general
public (members of community groups, non-profit boards, etc.)
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Exhibit B
(Template Bylaws)
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RULES OF ORDER AND PROCEDURE FOR THE SANTA MONICA (INSERT
NAME OF BODY)
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules (“Rules”), the City Charter, the
Municipal Code, or applicable provisions of state law, the procedures of the (insert name
of body) shall be governed by the latest revised edition of Roberts Rules of Order.
These rules, or any one of them, may be suspended by a vote of two-thirds (2/3)
of the members present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
The (insert name of body) establishes the (insert meeting day) of each month as
the day(s) for holding regular meetings. The regular meeting shall commence at (insert
time). If any such (insert day of week) 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 (insert day of week) at the hour
heretofore fixed or at such other day as may be fixed. The (insert location) is established
as the place for holding its regular meetings.
RULE 3. QUORUM AND ACTION.
(insert number for quorum) members of the (insert name of body) shall constitute
a quorum for the transaction of business. Action shall be taken by a majority vote of the
entire membership of the (insert name of body). However, in the case of a quasi-judicial
hearing, if only (insert number for quorum) members are participating, the applicant or
appellant shall be entitled to request and receive a continuance of the hearing, until such
time as (insert number) members are participating.
Whenever any member questions the presence of a quorum, the presiding officer
shall forthwith direct the Secretary to call the roll, each member shall respond when his
or her name is called and the Secretary shall announce the result. Such proceedings
shall be without debate, but no member who is speaking may be interrupted by a question
as to the presence of a quorum.
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The (insert name of body) may also establish standing subcommittees of its
members to address designated areas of business on the (insert name of body) behalf
and may establish ad hoc committees to formulate reports or recommendations on
particular matters. Standing subcommittees established pursuant to this section are
required to hold meetings in compliance with the Ralph M. Brown Act (the “Brown Act”),
California Government Code Sections 54960 et seq., and in accordance with these Rules.
Either Council or (insert name of body) with the consent of Council may establish
advisory groups made up of nonmembers to advise the (insert name of body) on
designated areas of business. Advisory groups established pursuant to this section are
required to hold meetings in compliance with the Brpwn Act and in accordance with these
Rules.
RULE 4. ATTENDANCE.
Attendance at (insert name of body) meetings is expected of all members. An
absence is defined as a failure to attend at least two-thirds of a meeting and includes both
excused and unexcused absences. Members who have two unexcused absences out of
six consecutive regular meetings shall automatically be deemed to have resigned. An
absence is considered unexcused when a member does not communicate their absence
to the Chair or liaison of the body prior to the scheduled meeting. If a member has more
than two excused absences from regular meetings, the member shall receive a warning
from the Chair. If the member misses another two regular meetings, the liaison shall
inform the City Clerk’s office, who will then inform the City Council.
RULE 5. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED
SESSIONS.
As required by the Brown Act, all regular, adjourned regular, and special meetings
of the (insert name of body) shall be public. Other than qualifying instances under the
Brown Act for the Personnel Board, no board, commission, or task force is authorized to
conduct closed sessions.
RULE 6. AGENDA.
The Staff Liaison shall prepare the Agenda as follows:
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(a) The Liaison shall consult with the Chair and/or Vice-Chair in the preparation
of the Agenda.
(b) The Agenda and all available supporting documents shall be provided to all
members on the (insert day) preceding the scheduled meeting to which it pertains or as
soon thereafter as possible, but no later than 72 hours prior to a regular meeting or 24
hours prior to a special meeting, as required by the Brown Act.
(c) Any member may request that any matter within the jurisdiction of the (insert
name of body) be reviewed for placement on the Agenda in consultation with the Staff
Liaison and Chair. Members must submit proposed agenda items by (insert time) on
(insert day items are due) in order to ensure that matters will be agendized for the
following meeting. Subject to Brown Act requirements, items submitted after the deadline
will be agendized for the following meeting, if possible.
(d) The Staff Liaison shall submit the Agenda to the City Clerk’s Office for
posting in a timely manner, to be posted as required by the Brown Act, no later than 72
hours prior to a regular meeting or 24 hours prior to a special meeting. Copies of the
Agenda shall be posted in the lobbies of City Hall and the Public Safety Facility. Online
posting of the Agenda shall be done in addition to physically posting agendas in the
lobbies of City Hall and the Public Safety Facility. 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 authorized by the Brown Act.
(f) Matters directed to be placed on the Agenda at the direction of members
shall be listed on the Agenda in the order of receipt by the Staff Liaison.
(g) Written requests to the (insert name of body) shall be referred to the Staff
Liaison or his/her designee. Written requests being agendized shall be scheduled for
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 requests are being handled. Agendized communications shall be
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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 (insert name of body) are
encouraged to limit their submissions to one per meeting.
RULE 7. CATEGORIES AND ORDER OF BUSINESS.
The business of the (name of body) 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) Special Ceremonial Agenda Items. This item includes proclamations,
commendations, introductions of special guests, and presentations and reports by other
non-City public entities or legislative bodies.
(e) Department Head Report. This item shall consist of a report from the
Department Head (or designee) of the (insert name of City Department) on actions taken
and upcoming actions to be taken relating to areas of interest to the (insert name of body).
(f) Consent Calendar. The Consent Calendar shall consist of the approval of
minutes of previous meetings and other routine items which do not necessitate a separate
public hearing and which are determined in the Agenda preparation process to be
relatively non-controversial. 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
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vote. The title to the individual consent items need not be read unless a request to do so
is made by any member. Members of the public shall have no more than one opportunity
to address the (insert name of body) concerning any and all items on the consent
calendar. Members of the public shall be heard prior to consideration of the Consent
Calendar. Members 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
(g) Study Session. During Study Sessions staff will present information
regarding a complex matter that will be subject to deliberation and decisions in the future.
No action will be recommended or taken as part of the Study Session.
(h) Continued Items. This item includes agendized items of a previous meeting
not considered at such meeting. The (insert name of body) 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
(insert name of body) to make a quasi-judicial decision concerning an individual
application.
(j) Staff Administrative Items. This category will include policy matters to be
considered by the (insert name of body).
(k) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(l) Resolutions. A resolution will be considered under this item only if the
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.
(m) Written Communication. This item allows the (insert name of body) to
consider issues raised by written submissions from the public.
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(n) Member Items. Items requested by members for discussion and possible
action.
(o) Public Input. This item allows members of the public to address the (insert
name of body) on matters that are within their subject matter jurisdiction. No formal action
may be taken on any matter under this item unless the item is specifically agendized.
RULE 8. PREPARATION OF MINUTES.
The Secretary of the (insert name of body) 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 (insert the name of body).
RULE 9. APPROVAL OF MINUTES.
Minutes of a (insert name of body) meeting may be approved without reading if the
Secretary has previously furnished each member with a copy and unless a reading is
ordered by a majority vote of the (insert name of body).
RULE 10. PRESIDING OFFICER.
The Chair shall be the Presiding Officer at all meetings of the (insert name of body).
In the absence of the Chair, the Vice Chair shall preside. In the absence of both the Chair
and Vice Chair, the Secretary shall call the (insert name of body) to order and a temporary
Presiding Officer shall be elected by the members present to serve until the arrival of the
Chair or Vice Chair or until adjournment.
RULE 11. 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 members by these
rules, and shall not be deprived of any of the rights or privileges of a member 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
(insert name of body), (2) state (or cause to be stated) each question coming before the
(insert name of body), (3) announce the decisions of the (insert name of body) on all
subjects; (4) decide all questions of order subject to the right to appeal rulings on
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questions of order to the entire (name of body), and (5) encourage all persons present at
the meeting to conform their conduct to the City's Civility Policy.
RULE 12. SWORN TESTIMONY AND SUBPOENA POWER.
The power and process to request that a person appearing before the (insert name
of body) on any matter shall be sworn and the power and process for the (insert name of
body) to issue a subpoena is provided in the Municipal Code section 2.32.060.
RULE 13. RULES OF DEBATE.
(a) Getting the Floor. A member desiring to speak shall gain recognition by the
Presiding Officer.
(b) Questions to Staff. Every member desiring to question City staff shall
address his or her questions to the Staff Liaison 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 member 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 member or the speaker chooses to yield to a
question by another member. If a member 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 member to appeal to the (insert name of body). If an appeal is
taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?”
The Presiding Officer's decision may be overruled by a two-thirds vote of the members
then present.
(e) Point of Personal Privilege. The right of a member to address the
(insert name of body) on a question of personal privilege shall be limited to cases in which
the member’s integrity, character, or motives are questioned or where the safety or
welfare of the (insert name of body) is concerned.
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(f) Privilege of Final Comment. The member moving the adoption of a
resolution, or motion, shall have the privilege of speaking last on the matter after all other
members have been given an opportunity to speak.
(g)Motion to Reconsider Actions. A motion to reconsider any action taken
by the (insert name of body) may be made only by one of the members on the prevailing
side and may be seconded by any member. Such motion may be made at any time and
shall be debatable. A motion by a non-prevailing member 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 member 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. Members shall limit their remarks to the subject
under debate. No member shall be allowed to speak more than once upon any particular
subject until every other member desiring to do so has spoken. Prior to beginning
deliberation, the (insert name of body) may, by a two-thirds vote of those present, limit
the amount of time that each member may spend stating his or her views on a particular
agenda item.
RULE 14. PROTEST AGAINST (insert name of body) ACTION.
Any member shall have the right to have the reasons for his or her opposition to
any action of the (insert name of body) 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 15. DISCLOSURE FOR QUASI-JUDICIAL MATTERS.
On quasi-judicial matters, members shall verbally disclose off the record contacts
relating to the item, after the item is called and before the (insert name of body’s)
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consideration of the matter. Disclosure shall include the identity of any individual(s) with
whom the member had contact and the nature of the contact.
RULE 16. PUBLIC TESTIMONY.
(a) Scope. Pursuant to the Brown Act, public testimony is permitted on all
agenda items, and the public shall have an opportunity to comment on any matter which
is not on the Agenda but is within the (insert name of body) 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.
(a) Registration. Any member of the public wishing to address the (insert name
of body) regarding any item on the Agenda for public comment shall register with the Staff
Liaison prior to the start of the meeting, if possible, but no later than prior to the hearing
on that item. Any request received after the start of the hearing shall be considered late
and may only be heard with (insert name of body’s) approval.
(b) Manner of Addressing the (insert name of body). After being recognized by
the Presiding Officer, each member of the public addressing the (insert name of body)
shall go to the lectern, 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 (insert name of body) as a whole and
not to any individual member. After a public hearing has been closed, no member of the
public shall address the (insert name of body) on the matter under consideration without
first securing (insert name of body) approval.
(c) Time Limits. Except on Written Communication, members of the public
shall limit their remarks to two minutes per agenda item unless the (insert name of body)
grants additional time by majority vote. For purposes of these Rules, the Consent
Calendar shall be considered one item. Persons speaking on another’s written
communication and persons submitting late requests to speak, who receive permission
to speak shall be limited to one minute. On Written Communication, those speaking on
another’s item may speak only if the person raising the matter appears and testifies. If the
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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 (insert name of body) 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 member reporting to the (insert name
of body) on behalf of a Board or Commission shall not be subject to these rules on time
limits; however, the (insert name of body) may limit the duration of such reports.
(d) Special Time Limits for Applicants and Appellants for Public Hearings.
Applicants and appellants on administrative items shall limit their remarks to ten minutes
and may reserve some of their time for use for rebuttal at the conclusion of the public
hearing. The appellant shall have the opportunity to address the (insert name of body)
first and last.
RULE 17. RULES OF CONDUCT AND SAFETY.
When the (insert name of body) is in session, all persons present must preserve
safety and order and should strive to conform their conduct to the City's Civility Policy.
Members of the public should sit in the audience seating area, unless addressing the
(insert name of body) or entering or leaving the meeting room, should not block the aisles
with personal belongings, and should not bring audible equipment into the meeting room,
including cellular telephones that could cause a disruption.
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 removal of the person from the meeting room.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every member is entitled to vote unless disqualified by reason of a conflict of
interest. A member who abstains from voting consents to the decision made by the voting
members.
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RULE 19. VOTING PROCEDURE.
Any vote of the (insert name of body), 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 Staff Liaison. The Chair shall vote last.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any member 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 (insert name of body) consideration
of the matter. A member stating such disqualification shall not be counted as part of a
quorum and shall be considered absent for the purpose of determining the outcome of
any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a member may be changed only if he or she makes a timely request
to do so immediately following the announcement of the vote by the Staff Liaison or the
Presiding Officer and prior to the time that the next item in the order of business is taken
up.
RULE 23. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item
requiring a motion:
(a) Staff Liaison reads the title.
(b)Presiding Officer calls for a staff report.
(c)Members question City staff.
(d)(insert name of body) receives Public testimony.
(e)(insert name of body) deliberates.
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(f) A member makes a motion, another member seconds the motion, and the
(insert name of body) debates it, with the maker of the motion having the opportunity to
speak last.
(g)The Presiding Officer or Staff Liaison restates the motion.
(h)The (insert name of body) votes on the motion.
(i)The Presiding Officer or Staff Liaison announces result.
RULE 24. PRESENCE OF CITY STAFF AT (insert name of body)
MEETINGS.
The Staff Liaison shall attend and be present during all (insert name of body)
meetings and give necessary service and advice.
RULE 25. RECORD OF MEETINGS.
All public meetings of the (insert name of body) shall be recorded. The recording
shall be made by the Secretary 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 26. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the
free interchange of information and public debate without an unnecessary waste of time
or duplication of effort. These rules may be amended by City Council resolution.
RULE 27. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of (insert name of body)
meetings. These rules are intended to expedite the transaction of the business of the
(insert name of body) in an orderly fashion and are deemed to be procedural only. Failure
to strictly observe these rules shall not affect the jurisdiction of the (insert name of body)
or invalidate any action taken at a meeting that otherwise conforms to law.
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Adopted and approved this 8th day of June 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11337 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 8th day of June 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember McKeown
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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