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SR 02-28-2023 5K City Council Report City Council Meeting: February 28, 2023 Agenda Item: 5.K 1 of 3 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 5.K Packet Pg. 292 2 of 3 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 5.K Packet Pg. 293 3 of 3 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 5.K Packet Pg. 294 1 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 5.K.a Packet Pg. 295 Attachment: 14108 - Resolution [Revision 5] (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 2 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. 5.K.a Packet Pg. 296 Attachment: 14108 - Resolution [Revision 5] (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 3 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. 5.K.a Packet Pg. 297 Attachment: 14108 - Resolution [Revision 5] (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 4 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 5.K.a Packet Pg. 298 Attachment: 14108 - Resolution [Revision 5] (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 5 (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 5.K.a Packet Pg. 299 Attachment: 14108 - Resolution [Revision 5] (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 300 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 301 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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    DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 302 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) Exhibit A (Procedural Changes) DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 303 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 304 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 305 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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.) DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 306 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) Exhibit B (Template Bylaws) DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 307 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 1 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 308 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 2 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: DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 309 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 3 (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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 310 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 4 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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 311 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 5 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 312 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 6 (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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 313 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 7 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 314 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 8 (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) DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 315 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 9 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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 316 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 10 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 317 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 11 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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 318 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 12 (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. DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 319 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations) 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 DocuSign Envelope ID: 2093083D-7EF9-44E0-A2C4-7177474B8100 5.K.b Packet Pg. 320 Attachment: Exhibit A - Resolution 11337 (5533 : Resolution Establishing an Advisory Committee to Make Recommendations)