R-4548
CA AIl:SIS:mmS Rev. 9.17.74 4It
RESOLUTION NO. 4548 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING RULES
OF ORDER AND PROCEDURE FOR THE CONDUCT OF
CITY COUNCIL MEETINGS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the rules for the conduct of
City Council meetings shall read as follows:
"RULES FOR CITY COUNCIL MEETINGS"
Section 1. Quorum. In accordance with Section 614
of the Santa Monica Municipal Charter, four members of the
City Council shall constitute a quorum for the transaction
of business, but a smaller number may adjourn from time to
time until a quorum is present and those present may obtain
the attendance of the absentees. Except as otherwise
provided in the Charter, or by law, action taken by the
Council shall be taken by a majority vote of the entire
membership of the Council.
Whenever any member raises the question as to
the presence of a quorum, the Presiding Officer shall forth-
with direct the Clerk to call the roll and shall announce the
result, and such proceedings shall be without debate, but no
member, while speaking, shall be interrupted by raising the
question of the presence of a quorum. Every member present
must make response when his name is called.
The City Council shall judge the qualifications
of its members as set forth by the Charter.
Section 2. Meetin~s to be Public
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Exce~tion for Executi~e Sessions. All regular, adjourned
regular, and special meetings of the City Council shall be
public; provided, however, the City Council may hold executive
sessions during a regular or special meeting, from which the
public may be excluded, for the purpose of considering
the matters referred to in Section 54957 or 54957.6 of the
Government Code of the State of California relating to
executive sessions of the legislative body, or other provisions
of law.
The above section is specifically limited by
the following:
1. RestrictLons in executive sessions do
not apply to meetings of committees of the City Council
consisting less than a quorum of its members.
2. Executive sessions may not be held to
consider the broad category of "personnel" matters.
3. Executive sessions relating to personnel
are limited to those relating to the appointment, employment
or dismissal of a public officer or employee or to hear
complaints or charges brought against such officer or employee.
The general categories permitting executive
sessions shall include, but not be limited to:
1. To consider the employment or dismissal
of a public officer or employee, or to hear charges brought
against such person unless the officer or employee in
question requests a public hearing, in which event a public
hearing shall be permitted.
2. To discuss with the City Attorney
litigation pending, proposed or anticipated where a public
discussion would benefit the City's adversary and be detri-
mental to the public.
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3. To meet with the Attorney General f
District Attorney, Sheriff or Chief of Police (or their
deputies) on matters "posing a threat to the security of
public buildings or a threat to the public's right to access
to public services or public facilities."
4. To instruct city representatives
concerning salaries, salary schedules or compensation paid in
the form of fringe benefits prior to or during negotiations
with employee organizations.
5. To negotiate and discuss with employee
organization representatives following the intervention of
a state labor conciliator in a labor dispute.
6. To consider matters effecting the national
security in the case of a body operated by a private corporation
on which city officers serve in their official capacity and
which is supported partially or totally by city funds.
7. To consider those matters which by law
are properly subject to executive session.
No member of the City Council, employee of the
city, or any other person present during an executive session
of the Council shall disclose to any person the content or
substance of any discussion which took place during said
executive session unless the City Council shall authorize the
disclosure of such information by majority vote.
Section 3.
A~enda. The City Clerk shall
prepare the Agenda under the direction of the City Manager.
The Agenda with all supporting matters shall be delivered to the
Councilmen on the Thursday preceding the Tuesday Council
meeting to which it pertains and shall be made available to
the public no later than 3:00 o.clock on the Friday preceding
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the scheduled Council meeting~ providing, however, that at
any time prior to the hour set for the Council meeting, any
Councilman, the City Manager or the City Attorney, may direct
any matter he deems urgent to be placed upon the Agenda; provided,
further, that any item of public interest or concern added to
the Agenda after its publication to the general public shall not
be considered unless it is accompanied by a full explanation
by the advocate of such item and until after a two-thirds (2/3)
vote of the Council members present have voted to do so.
Dates for public hearings required by law or on
matters of special<public interest shall be set by the City Council,
the City Clerk or the City Manager. These matters shall be set
for hearing in the following manner: The City Manager shall
place on an Agenda the item: "Motion to fix time and date of
hearing...". The Council shall only hear comments regarding
the time and date not the substantive matter. The Council
shall then vote to fix the time and date. The time and date
fixed shall be such that large numbers of citizens can be
accommodated in the Council Chambers and also can be heard early
in the evening, and notices of same shall be sent out not less
than fifteen (15) days prior to the hearing.
Where a matter requires a formal public hearing
prior to final action by the City Council, no person shall be
heard thereon except at the time of the public hearing.
No public discussion shall be permitted on
introduction of Ordinances, reports of commiss~ons, adminis-
trative matters, written communications other than reports
of officers and commissions on councilmanic discussion items,
unless consent is given by two-thirds (2/3) vote of the Council
members present.
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Section 4. Council Correspondence.
(a) Non-Council It~s. Items within the
subject matter jurisdiction of any board, commission, or
department of the City shall be referred to such body and/or
department prior to the presentation to the City Council.
In reviewing items submitted to the Council, the City Manager
shall refer to such appropriate body or department all
communications relative thereto. Any matter thus submitted
shall not appear on the City Council Agenda. The person sub-
mitting the item shall be informed of such referral by the
City Manager. If that person is dissatisfied with either the
action of the Manager or the action of the body or department
considering it, that person may appeal to the City Council.
(b) Authority of the City Manager. The City
Manager is authorized to examine all mail or other written
communications collectively addressed to the Council and to
give it immediate attention to the end that all administrative
business referred to in said communications and not necessarily
requiring Council action may be acted upon between Council
meetings.
(c) Availability to the Public. Correspondence
collectively addressed to the City Council shall be received
and opened by the City Council secretary, transmitted to the
appropriate public officer having juriSdiction over it, and placed
on the Agenda if Council action is deemed appropriate by the
Mayor, City Manager, or City Clerk. Correspondence addressed
to individual council members shall not be opened by the City
Council secretary unless authorized to do so by individual
council members. Such communications shall not become public
records until received and filed by the Council at a regular,
special or adjourned meeting of the Council, or retained or used
as provided in Section 6250 of the California Government
Code. Correspondence received in the
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City Clerk1s office or other city offices after l2:0Q o\clock
noon tWQ Mondays prior to the Council meeting shall not be
placed on the Agenda unless it concerns a matter to be
considered by the Council at the next regular meeting or is
determined by the City Manager to be an urgent
matter which should be brought to the immediate attention
of the Council. Correspondence shall not be read aloud at
a Council meeting unless requested by a majority vote of the
Council. No item which is exempted from disclosure by
Section 6254 of the California Government Code shall be
disclosed or treated as a public record.
Section 5.
Order of Business. The business
of the City Council shall be taken up for consideration and
disposition in the following order:
1. Call to Order.
a. Salute to the Flag.
b. Invocation.
2. Roll Call.
3. Approval of Minutes of previous meeting.
4. Agendized items of a previous Council
meeting not considered at such meeting.
5. Consent Calendar. The consent calendar
shall consist of those items determined at the Pre-Council
agenda meeting to be of a non-controversial nature and which
under the Council rules do not generally require a public
hearing. Unless a Councilman or a member of the general public
wishes to be heard on these items, they may be considered as
a group by a single motion to approve the consent calendar,
and the title to the individual consent items need not be read
unless a request to do so is made by a member of the public
or the City Council.
(Public discussion is permitted only
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if the item allows discussion and a specific request to be
heard is made.)
6. Opening Qf Bids. (Public discussion
permitted. )
7. Public Hearings, the time for which has
been set previously or set by law. (Public discussion permitted.)
8. Ordinances.
a. Introduction. (No public discussio~)
b. Adoption. (Public discussion
permitted. )
9. Resolutions. (Public discussion permitted.)
10. Reports of Commissions. (No public
discussion unless consent is given by two-thirds (2/3) vote of
the Council members present.)
ll. Administrative Items. (No public
discussion unless consent is given by two-thirds (2/3) vote
of the Council members present.)
l2. Approval and/or award of contracts or
agreements. (Public discussion permitted.) (Basis of award
to other than low bidder must be stated in motion.)
l3. Written communications other than reports
of officers and commissions. The Clerk shall list said
communications in order of receipt. (Public discussion only
by person presenting the communication unless consent is given
by two-thirds (2/3) vote of the Council members present.
14. Councilmanic discussion items. (No
public discussion unless consent is given by two-thirds (2/3)
vote of the Council members present.
The order of business shall not be changed
except by majority vote of the City Council.
Section 6.
Preparation of Minutes. The
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City Clerk shall have exclusive responsibility for preparation
of the minutes, and any directions for changes in the minutes
shall be made only by majority action of the City Council.
Section 7.
,Read:ing of Minutes. Unles s the
reading of the. minutes of a Council meeting is ordered by a
majority vote of the Councilm such minutes may be approved
without reading if the City Clerk has previously furnished
each Councilman with a copy.
Section a.
presidin~ Officer. The Mayor
shall be the Presiding Officer at all meetings of the City
Council. In the absence of the Mayor, the Mayor Pro Tempore
shall preside. In the absence of both the Mayor and the
Mayor Pro Tempore, the City Clerk shall call the Council to
order, whereupon a temporary Presiding Officer shall be elected
by the Councilmen present to serve until the arrival of the
Mayor or Mayor Pro Tempore or until adjournment.
Section 9.
Powers and Duties of Presidin9
Officer.
(a) Participation. The Mayor or Mayor Pro
Tempore or such other member presiding may move, second and
debate from the chair, subject only to such limitations of
debate as are imposed upon the members of the Council by these
rules and shall not be deprived of any of the rights or
privileges of a Councilman by reason of his acting as the
Presiding Officer.
(b) Duties. The Presiding Officer shall pre-
Serve order at all regular, adjourned regular and special
meetings of the Council. Such officer shall state each question
coming before the Council, announce the decisions of the
Council on all subjects, and decide all questions of order;
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subject; however, to an appeal to the Council, and a majority
vote of the Council on any question of order shall govern
and deteEmine conclusively suc~ question of order.
(cl Si~nin9 of Documents. The Presiding
Officer shall sign all ordinances, resolutions and other
documents necessitating his signature which were adopted in
his presence, unless he is unavailable, in which case the
signature of an alternate Presiding Officer may be used. The
City Manager shall execute all contracts on behalf of the
City unless otherwise ordered by the City Council. No contract
shall be of any force or effect unless authorized by the
City Council and approved prior thereto by the City Attorney
as to the form and legality.
Section lO.
S~~rn Testimony. The Presiding
Officer may require any person addressing the City Council to
be sworn as a witness and to testify under oath, and the
Presiding Officer shall so require if directed to do so by a
majority vote of the Council. Any member of the Council may
request that anyone appearing before the Council on any matter
shall be sworn. On receipt of such a request, all proceedings
shall be suspended and the Council will without debate,
immediately vote on whether the individual should be sworn.
A majority vote of the members present shall determine whether
the speaker shall be placed under oath. All oaths will be
administered by the City Clerk.
The City Council shall have the power and
authority to compel the attendance of witnesses, to examine
them under oath, and to compel the production of evidence be-
fore it. Subpenas may be issued in the name of the City and
be attested by the City Clerk. Disobedience of such subpenas,
or the refusal to testify (upon other than constitutional
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grounds) shall constitute a misdemeanor.
Section ll.
Rules of Debate.
ta) Getting the Flo'Or. Every Councilman
desiring to speak shall first address the Chair, gain
recognition by the Presiding Officer, and shall confine
himself to the question under debate, avoiding personalities
and indecorous language.
(b) Questions to Staff. Every Councilman
desiring to question the City staff shall, after recognition
by the Presiding Officer, address his questions to the City
Manager, or the City Attorney, who shall be entitled either
to answer the inquiry himself or to designate a member of his
staff for that purpose.
(c) Interruptions. A Councilman, once recog-
nized, shall not be interrupted when speaking unless called
to order by the Presiding Officer, unless a point of order
or personal privilege is raised by another Councilman, or
unless the speaker chooses to yield to a question by another
Councilman. If a Councilman, while speaking, is called
to order, he shall cease speaking until the gues~ion of order
is aetermined and, if determined to be in order, he may
proceed. Members of the City staff after recognition by the
Presiding Officer shall hold the floor until completion
of the1r remarks or until recognition is withdrawn by the
Presiding Officer.
(d) Points of Order. The Presiding Officer
shall determine all points of order subject to the right of
any Councilman to appeal to the Council. If an appeal is
taken, the question shall be IShall the decision of the
Presiding Officer be sustained? I A majority vote shall
conclusively determine such question of order.
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(e) ~oint of Personal privile~e. The right
of a Councilman to address the Council on a question of
personal privilege shall be limited to cases in which his
integrity, character or motives are questioned or where the
welfare of the Council is concerned. A Councilman raising a
point of personal privilege may interrupt another Councilman
who has the floor only if the Pres1ding Officer recognizes
the privilege.
(f) Privile~e of Closin~ Debate. The Council-
man moving the introduction or adoption of an ordinance,
resolution or motion shall have the privilege of closing debate,
after other members of the Council have been given an oppor-
tunity to speak.
Cg) Motion to Reconsider. A motion to recon-
sider any action taken by the City Council may be made only
by one of the prevailing side and may be seconded by any member.
Such motion by a prevailing member may be made at any time and
shall have precedence over all other motions or while a member
has the floor and said motion shall be debatable.
A motion by
a non-prevailing City Councilman 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) Callin9 for the Question. Neither the
rnov1ng party nor the party seconding any motion is allowed to
call for the question.
(i) Limitation of Debate. No Councilman shall
be allowed to speak more than once upon any particular subject
until every other Councilman desiring to do so shall have
spoken. Each Councilman speaking on anyone item on the Agenda
shall be limited to ten (10) minutes per item to state his
opinion and his views.
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discussion is permitted, shall register first with the City
Clerk his name and address prior to any discussion of that
item, and preferably shall register prior to the start of
the Council meeting.
(b) Manner of Addressin9 the Council. Each
person desiring to address the Council shall step up to the
microphone in front of the rail, state his name and home
address for the record, state the subject he wishes to discuss,
state whom he is representing if he represents an organization
~r other persons, and, unless further time is granted by majority
vote of the Council, shall limit his remarks to five (5) minutes
per item. All remarks shall be addressed to the Council as
a whole and not to any member thereof. No question shall be
asked of a Councilman or a member of the City staff without
the permission of the Presiding Officer.
(c) Discretion to Limit Duration and Number of
Speakers. Where more than one person desires to speak on
a particular item, it shall be within the discretion of the
Presiding Officer to limit the number and duration of presenta-
tions to not less than ten (10) minutes for
each side giving equal time for ~o~h~ each position or side. It
is recommended that a spokesman for each side be chosen prior to
the meeting and the Clerk shall advise persons of this recommen-
dation. If a spokesman has not been selected prior to the
meeting, the item may be called and the presiding Officer may
either pass the item or grant a recess to permit the selection
of a spokesman. The Presiding Officer may also determine which
persons have a predominant or proprietary interest in an item
and permit such person or persons to speak first. Nothin9 in
this section shall be deemed to preclude the ~residin9 Officer
or a majoritl of council members present from allowin9 extended
debate on any matter;
(d) Persons Speakin9 on More than One Item.
Anyone person wishing to speak on more than one item shall
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limit his remarks to five (5) minutes on the item he
considers most important and three (3) minutes on any other
item unless further time is granted by majority vote of
the Council.
(e) After Motion. After a motion has been
made or a public hearing has been closed, no member of the
public shall address the Council from the audience on the
matter under consideration without first securing permission
to do so by a majority vote of the City Council.
Section l7. Rules of Decorum.
(a) Councilmen. While the Council is in session,
the members must preserve order and decorum, and a member shall
neither by conversation or otherwise delay or interrupt the
proceedings or the peace of the Council nor disturb any member
while speaking or refuse to obey the orders of the Presiding
Officer. Members of the Council shall not leave their seats
during a meeting without first obtaining thee permission of the
Presiding Officer.
(b) Employees. Members of the City staff and
employees shall observe the same rules of order and decorum as
are applicable to the City Council, with the exception that
members of the City staff who are not seated at the Council table
may leave their seats during a meeting without first obtaining
the permission of the Presiding Officer.
(c) Persons Addressing the Council.
1) No person other than a member of the
Council and the person having the floor shall be permitted to
enter into discussions, either directly or through a member of
the Council, without permission of the Presiding Officer.
2) No question shall be asked a Councilman
except through the Presiding Officer.
3) All remarks shall be addressed to the
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City Council as a body and not to anyone member thereof~
4) Any person making impertinent, slanderous,
or profane remarks or who becomes boisterous while addressing
the Council shall be called to order by the Presiding Officer
and, if such conduct continues, may at the discretion of the
Presiding Officer be ordered barred from further audience
before the Council during that meeting.
Cd) Metnbers of the Audie"nce.
l) Any person in the audience or at the Council
table who engages in disorderly conduct such as hand clapp~ng,
stamping of feet, whistling, using profane language, yelling, and
similar demonstrations, or disturbs the peace and good order
of the meeting, or who refuses to comply with the lawful orders
of the Presiding Officer shall be guilty of a misdemeanor and
upon instructions from the Presiding Officer, with the consent
of the majority, through the City Manager, it shall be the duty
of the Sergeant at Arms to remove any such person from the
Council Chambers and to place him under arrest.
2) No person shall be permitted to ~nterrupt
the individual members or the Clerk when the Council is in
session.
3) Except with prior authorization of the
Presiding Officer, no placards, signs or posters or packages,
bundles, suitcases or other large objects shall be brought into
the Council Chambers.
4) Unless addressing the Councilor entering
or leaving the Council Chambers, all persons in the audience
shall remain sitting in the seats provided. No person shall
stand or sit in the aisles or along the walls nor shall the
doorways be blocked.
5) Except with prior authorization of the
Presiding Officer, the distribution of literature, of whatever
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nature or kind, is prohibited.
(e) Persons Authorized to be Within Rail.
No person except members of the Council and City staff and
recognized representatives of the news media shall be permitted
within the rail without the consent of the Presiding Officer.
(f) Enforcement of Decorum. The Chief of Police
or such member or members of the Police Department as he
may designate, shall be Sergeant at Arms of the City Counc1l
and shall carry out all orders given by the Presiding Officer
through the City Manager for the purpose of maintaini~g order
and decorum at the Council meetings. Any Councilman may move
to require the Presiding Officer to enforce the rules and the
affirmative vote of a majority of the Council shall require
him to do so.
Section l8. ~~tin9 Procedure. Any vote of the
Council, including a roll call vote, may be registered by
the members by answering 'AYE' for an affirmative vote or
'NOI for a negative vote upon his name being called by the
City Clerk. Unless a member of the Council states that he is
not voting, silence shall be recorded as an affirmative vote.
Section 19. Disqualification for Conflict of
Interest. Any Councilman 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 in open meeting. Where no clearly
disqualifying conflict of interest appears, the matter of
disqua]fication may, at the request of the Councilman affected,
be decided by the other Councilmen. A Councilman who is
disqualified by reason of a conflict of interest in any matter
shall not remain in his seat during the debate and vote on such
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matter, but shall request and be given the permission of the
Presiding Off1cer to step down from the Council table and leave
the Council Chamber. A Councilman stating such disqualification
shall not be counted as part of a quorum and shall be
cons1dered absent for the purpose of determining the outcome
of any vote on such matter.
Section 20. Failure to Vote. Every Councilman is
entitled to vote unless disqualified by reason of a conflict
of interest. A Councilman who abstains from voting in effect
consents that a majority of the quorum may decide the question
voted upon.
Section 21. Tie Vote. Tie votes shall be lost
motions and may be reconsidered.
Section 22. Chan~in~ Vote. A member may change his
vote only if he makes a timely request to do so immediately
following the announcement of the vote by the City Clerk and
prior to the time that the next item in the order of business
is taken up.
Section 23. Procedure on Agenda Items Re~uirin~
a Motion.
l. City Clerk reads the title.
2. Explanation by Manager, if called for
by the Presiding Officer.
3. Questions to Manager by Council members.
4. All background material complete at
this point.
s. Public to be heard subJect to the
limitations set forth in Sections l4l5, 1416 and l423(d).
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first reading.
(e) The Mayor, before calling for a motion
on the adoption of any ordinance or resolution, shall first
inquire if there is anyone who desires to be heard on said
proposed ordinance or resolution. All persons desiring to be
heard must have registered with the City Clerk prior to the
discussion of the ordinance or resolution their name and
home address and the ordinance or resolution item they wish
to speak on and the Presiding Officer will call upon speakers
from that list.
(f) At the time of adoption of an ordinance or a
resolution, it shall be read in full unless, after the reading
of the title thereof, the further reading thereof is waived by
a unanimous vote of the Councilmen present. Such consent
may be expressed by a statement by the Presiding Officer that
IIf there is no objection, the further reading of the
ordinance or resolution shall be waivedl.
Section 25. Prior Approval by Administrative
Staff. All ordinances, resolutions and contract documents
shall, before presentation to the Council, have been approved
as to form and legality by the City Attorney, and shall have
been examined for administration by the City Manager or his
authorized representative.
Section 26. Informal Meetin9s. The Council
shall, subject to notice and no other requirements imposed by law
may, hold informal meetings in the Council Chamber of the
City Hall at such times as may be designated in an order for
a special ~nformal meeting. At any such informal meeting, the
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Council shall not take any formal or binding action upon any
formal motion, resolution, ordinance or other action required
by law to be taken by the Council.
Such informal sessions shall be devoted exclusively
to the presentation and exchange of information.
Section 27. J~int Meetin~s with Boards and commissions.
The Council, during the year, shall meet with the individual
boards and commissions at least once; said meetings to be cal-
endared as study sessions, to be held in the Council Chamber
at such time as is convenient to the members.
Section 28. Presence of City Staff at Council Meetin~s.
The City Manager, City Clerk, City Attorney and the City
Engineer or in their absence, their authorized representative
shall attend and be present during all formal or informal
Council meetings and give necessary service and advice. However,
any of the above is permitted to leave the Council Chambers
after seeking and obtaining permission from the Presiding Officer
and be absent therefrom for a period of time not to exceed ten
(lO) minutes without said absence causing a halt in the Council
proceedings.
Section 29. Ad~our~nt. All Council meetings shall
adjourn at II:OO o'clock P.M., unless two-thirds (2/3) of the
Council members present vote otherwise.
Section 30. Recordin9 of Meetin9s. All public
meetings of the City Council will be recorded by tape recorder.
The recording will be made by the City Clerk and they will be
part of the records of the City Council. The use of other
recording or television equipment is permitted so long as it
is not disruptive of the meeting.
Section 3l. ~nterpretation and Modification of
These Rules. These rules shall be interpreted liberally
in order to provide for the optimum in the free interchange
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of information and public debate without an unnecessary waste
of time or duplication of effort. These rules may be amended
by resolution.
SECTION 2. Any resolutLon adopting, amending or re-
lating to council Rules of Order is hereby repealed in its
entirety.
SECTION 3. If any section, subsection, sentence,
clause or phrase of this resolution is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdXtion, such decision shall not affect the
validity of the remaining portions of the resolution. The
City Council hereby declares that it would have p~ssed this
ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the resolution
would be subsequently declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the
adoption of this resolution and thenceforth and thereafter
the same shall be in full force and effect.
ADOPTED and APPROVED this 3rd
day of Septe~ber
1974.
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Mayor
ATTEST:
- .'lWJ~
! Ut: Clerk
~ I hereby certify that the foregoing resolution was
duly adopted by the City Council of the City of Santa Monica
at a regular meeting thereof held on the 3rd day of
Septembe"r
, 1974, by the following vote of the
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Council:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM:
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. City Attorney
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Councilmen: Judson, McCloskey, Swink, Trives
van den Steenhoven, Hoover
Councilmen: None
Councilmen: Lawson
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