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R-6387 , . . CA:RMM:b1 City Council Meeting 10-27-81 Santa Monica, Ca1iforn1a RESOLUTION NUMBER 6387 <C1ty CounC11 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. The rules for the conduct of City Council meetings shall read as follows: RULES FOR CITY COUNCIL MEETINGS. RULE 1. TIME AND PLACE FOR HOLDING REGULAR MEETINGS. Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council does establish as the days and t1me for the holding of regular meetings the second and fourth Tuesday of each month at 7:30 p.m. However, if any such Tuesday falls on any day designated by law or by the C1ty Coun- ci1 as a day for public feast, thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following sa1d Tuesday at the hour heretofore fixed. The Ci ty Counci I Chamber in City Hall is established as the place for holding 1tS regular meetings. . ,e RULE 2. QUORUM. In accordance with Section 614 of the Santa Monica C~ ty Charter, four Councilmembers 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 prov~ded in the Charter, or by law, action taken by the City Council shall be taken by a major~ty vote of the entire member- ship of the City Council. Whenever any Councilmember raises the question as to the presence of a quorum, the Presiding Officer shall forthwith direct the City Clerk to call the roll and shall announce the resul t, and such proceedings shall be without debate; but no Councilmember, while speaking, shall be interrupted by raising the question of the presence of a quorum. Every Councilmember present must make response when his or her name ~s called. The City Counc~l shall judge the qualifications of its members as set forth by the C~ty Charter. RULE 3. MEETINGS TO BE PUBLIC--EXCEPTION FOR CLOSED SESSIONS. (a) All regular, adjourned regular and special meetings of the City Council shall be publ~c; prov~ded, however, that the City Council may hold Closed Sessions during a regular or spec- ial meeting, from which the public may be excluded, for the pur- pose of considering the matters referred to in Government Code Section 54957 or Government Code Section 54957.6 relating to -2- . - Closed Sessions of the legislative body, or pursuant to other provisions of law. (b) The above subdivision is specifically limited by the followl.ng: (I) Restrictions regarding Closed Sessions do not apply to meetl.ngs of committees of the City Council consisting of less than a quorum of its members. (2) Closed Sessions may not be held to consider the broad category of "personnel" matters. (3) Closed Sessions relating to personnel 'are limi ted 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. (c) The general categorl.es permitting Closed Sessions shall include, but not be limited to: (l) 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 per- ml.tted. (2) To discuss with the City Attorney litigation pending, proposed or anticipated where a public discussion would benefl.t the Clty'S adversary and be detrimental to the public. (3) To meet with the Attorney General, Distrl.ct Attorney, Sheriff or Chief of Police (or their deputies) on mat- ters posing a threat to the security of publl.C buildings or a threat to the public's right of access to public services or -3- e e public facilities. (4) To instruct C~ty representatives concerning salaries, salary schedules or compensation paid in the form of fringe benefits prior to or during negotiations with employee organ~zations. (5) To negot~ate and discuss with employee organi- zation representatives following the intervent~on of a state labor conciliator in a labor dispute. (6) To cons1der matters affecting the national sec- urity in the case of a body operated by a private corporation on which City officers serve in their official capacity and which 1S supported partially or totally by City funds. ( 7) To consider those matters which by law are properly the subject of a Closed Session. (d) No Councilmember, employee of the City, or any other person present during an Closed Session of the City Council shall disclose to any person the content or substance of any d~scussion which took place during said Closed Sess~on unless the City Council shall authorize the d~sclosure of such infor- mation by majority vote, or unless such disclosure is required, and only to the extent so requ~red, by the provisions of Govern- ment Code Section 54957.1. RULE 4. AGENDA. (a) The City Clerk shall prepare the Agenda under the direction of the City Manager. The Agenda with all supporting matters shall be delivered to Councilmembers on the Thursday -4- e e preceding the Tuesday City Council Meeting to which it pertains and shall be made available to the public no later than 3: 00 p.m. on the Friday preceding the scheduled City CounC11 Meeting; providing, however, that at any time pr10r to the hour set for the C1ty Council Meeting, any Councilmember, the C1ty Manager or the City Attorney, may d1rect any matter he or she deems urgent to be placed upon the Agenda; provided further, that any item of public interest or concern added to the Agenda after its publi- cation to the general public shall not be considered unless it 1S accompanied by a full explanation by the advocate of such 1 tern and until after a two-thirds (2/3) vote of the Council- members present have voted to do so. Matters directed to be placed on the Agenda by Counc~lmembers shall be listed thereon in the order of receipt of such direction. (b) Dates for public hearings requ1red by law or on mat- ters of spec1al public interest shall be set by the C~ty Coun- cil, the C~ty Clerk, or the City Manager. Those matters set for public hearing by the City Council may be so set in the follow- ing manner: The City Manager shall place on an Agenda the item, "Mot~on to fix time and date of hearing II The City Council shall only hear comments regarding the time and date, and not the substantive matter under this heading. (c) The time and date fixed for public hearings shall be such that large numbers of citizens can be accommodated in the City Council Chambers and also can be heard early in the evening and such notices as required by law or requested by the City CounC1l of the same shall be sent out not less than 15 days -5- e e prior to the hearing, unless another time is otherwise specified by law. (d) Where a matter requires a formal public hear1ng prior to final action by the City Counci l, no person shall be heard thereon except at the time of the public hearing. (e) No public discussion shall be permitted on second reading of ordinances, reports of commiss1ons, written communi- cat10ns other than reports of officers and comm~ssions, or on Councilmember discussion items, unless consent is given by two- thirds (2/3) vote of the Councilmembers present. RULE 5. CITY COUNCIL CORRESPONDENCE. (a) Non-Counc~l Items. written communications addressed to the City Council, the subject matter of which comes wi thin the jurisd1ction of any Board, Commission, or Department of the Ci ty, may be referred to such body or department, or both, by the City Manager, and such communications shall not be placed upon the city Council Agenda. All communications directly relating to the work or juris- diction of a Board, Commission, or Department of the City shall be referred thereto, notwithstanding the fact that direct City Council act10n may be sought in such communicat10ns; such communications shall not be placed upon the City Counci 1 Agen- da. Any person submitting a written communication to the City Council which is subsequently referred to a Board, Commission, or Department of the City shall be not1fied of such referral by -6- e e the C~ty Manager. If dissatisfied w~th either the action of the City Manager or the action of the Board, Commission, or Depart- ment to wh~ch the communication was referred, such person may appeal to the City Council. (b) Authority of the City Manager. The City Manager is authorized to open all mail or other written communications col- lectively addressed to the C~ty Council and to give it immediate attention to the end that all adm~n~strative business referred to ~n said communicat~ons which do not necessarily require City Council action may be acted upon between City Council meetings. (c) Council Items. Correspondence collectively addressed to the City Council shall be received and opened by the City Council's Secretary, transmitted to the appropriate public officer having Jurisdiction over, and placed on the Agenda if City Council action is deemed appropriate by the Mayor, C~ty Manager or City Clerk, except that no communication shall be placed on that agenda that contains material which: (l) Is profane. (2) Is in the nature of a criminal or civil slander, or is potentially slanderous or libelous. (3) Advocates or opposes the candidacy of any person or party for any elect~ve office. (4) Is primarily in advertisement or promotion or has as a substantial purpose the advancement of any cause the major benef~t of which is private and not public. (5) Does not necessitate City Council action. -7- e e (d) Ava1lab1lity to the Public. Correspondence addressed to individual Councilmembers shall not be opened by the City Council Secretary unless authorized to do so by 1ndividual Coun- cilmembers. Such communications shall not become public records until received and filed by the C1ty Council at a regular, special or adjourned meeting of the City Council, or retained or used as provided in Government Code Section 6250 et seq. Correspondence received in the City Clerk's Office or other City Offices after 12: 00 Noon two Mondays prior to the City Council Meeting shall not be placed on the Agenda unless it concerns a matter to be considered by the City Council at the next regular meeting or is determined by the City Manager to be an urgent matter which should be brought to the 1mmed1ate attention of the C1ty Council. Correspondence shall not be read aloud at a City Council Meeting unless requested by a majority vote of the Council. No item which is exempted by disclosure by Government Code Section 6254 shall be disclosed or treated as a public record. RULE 6. ORDER OF BUSINESS. The business of the City Council shall be taken on for consideration and d1sposition in the following order: (a) Call to Order. (1) Salute to the Flag. (2) Invocation. (b) Roll Call. (c) Approval of Minutes of Previous Meeting. -8- e - (d) Special Agenda Items. (Such as commendations, award of service pins, introduction of special guests.> (e) Continued Items. Agendized items of a previous City Council Meeting not cons~dered at such meeting. (f) Consent Calendar. The consent calendar shall cons~st of those items determined at the pre-Council agenda meeting to be of a non-controvers~al nature and which under the City Coun- cil Rules do not generally require a public hearing. Unless a Councilmember or a member of the general public wishes to be heard on these i terns, 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 any Councilmember. (PubliC discussion per- mitted only if the item allows discussion and a specific request to be heard is made.> (g) Public Hearings. Public hearings the time for which has been set previously or set by law. (Public discussion per- mi t ted. ) (h) Ordinances. (1) Introduction and First Reading. (Public discussion permitted.) ( 2) Second Reading and Adoption. (No public discussion permitted.) (1) Resolutions. (Public diSCUSSion permitted.) (j> Reports of Boards and Commissions. (No public dis- cussion permitted unless consent is given by a two-thirds (2/3) vote of the Councilmembers present.) -9- e e (k) Staff Adminl.strative Items. (Public discussion per- ml.tted only if a specifl.c request to be heard is made.) (1) Adminl.strative Proceedings. Administrative proceed- ings in which the City Council is regul.red to make a decision concerning an individual application or appeal. (Public discus- sion permitted.) (m) Written Communl.cations Other Than Reports of Commis- sions and Officers. The City Clerk shall list written communi- cations in order of receipt. (Public discussion permitted only by person presenting the communication unless consent is given by two-thirds (2/3) vote of the Councilmembers present.) (n) Councilmember Discussion Items. The City Clerk shall list Councilmember discussion items in order of receipt. (No public discussion permitted unless consent l.S given by two- thl.rds (2/3) vote of the Councilmembers present.) The order of business shall not be changed except by maj- ority vote of the Cl.ty Council. RULE 7. PREPARATION OF MINUTES. The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for changes in the Ml.nutes shall be made only by majority vote of the City Council. RULE 8. READING OF MINUTES. Unless the reading of the Minutes of a City Council Meet- l.ng is ordered by a majority vote of the Cl. ty Council, such -10- e e Minutes may be approved Wl thout reading if the City Clerk has previously furnished each Councilmember with a copy. RULE 9. PRESIDING OFFICER. The Mayor shall be the presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the C1ty Council to order whereupon a temporary Presiding Officer shall be elected by the Counc1lmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or untl1 adjournment. ROLE 10. POWERS AND DUTIES OF PRESIDING 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 Councilmembers by these rules and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Pres1dlng Officer. (b) Duties. The Presiding Officer shall preserve order at all meetings of the City Council. Such Officer shall state each question coming before the City Councll, announce the deci- sions of the City Council on all subjects, and decide all ques- tions of order; subject, however, to an appeal by the City Coun- cil, and a majority vote of the City Council on any question of order shall govern and determlne conclusively such question of order. -11- e e (c) S~gning of Documents. The Presid1ng Officer shall 51gn all ordinances, resolutions, and other documents necessita- ting signature which were adopted in his or her presence, unless he or she is unavailable, in wh~ch case the signature of an alternate Pres~ding 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 form and legality. RULE 11. SWORN TESTIMONY. The Presiding Off icer may require any person addressing the City Council to be sworn as a w1tness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a ma]Or1ty vote of the City Council. Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all pro- ceedings shall be suspended and the City Council will, without debate, immediately vote on whether the ind~vidual should be sworn. A majority vote of the Counc~lmembers 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 product~on of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to -12- e e testify (upon other than constitute a misdemeanor. const~tutional grounds) shall RULE 12. ROLES OF DEBATE. (a) Getting the Floor. Every Councilmember desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself or herself to the question under debate, avoiding personalities and decorous lang- uage. (b) Questions to Staff. Every Councilmember desiring to quest~on the C~ty Staff shall, after recognit~on by the Presid- ing Officer, address his or her questions to the city Manager, or the c~ty Attorney, who shall be entitled to answer the inquiry himself or herself or to designate a member of his or her staff for that purpose. (c) Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a po~nt of order or a personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a quest~on by another Councilmember. If a Councilmember, while speaking, is called to order, he or she shall cease speak~ng unt~l the question of order is deter- mined and, if determined to be in order, may proceed. 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. -13- e e (d) Points of Order. The Presiding Officer shall deter- mine all p01nts of order subject to the right of any Council- member to appeal to the City Council. If an appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be sustained? 11 A majority vote of the Councilmembers then present shall conclusively determine such question of order. (e) Point of Personal pr1vilege. The right of a Council- member to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember's integrity, character or motives are questioned or where the welfare of the City Council 1S concerned. A Councilmember rais1ng a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding Off icer recognizes the privilege. (f) Pr1vilege of Closing Debate. The Counc1lmember mov- ing the introduction or adoption of an ordinance, resolution or motion, shall have the privilege of closing debate, after all other Councilmembers have been given an opportunity to speak. (g) Mot10n to Reconsider. A motion to reconsider any action taken by the city Council may be made only by one of the Councilmembers on the preva1ling side and may be seconded by any Councilmember. Such motion by a prevailing Councilmember may be made at any time and shall have precedence over all other motions or while a Councilmember has the floor and said motion shall be debatable. A motion by a non-prevailing Councilmember or a request by a member of the public for reconsideration -14- e e may be made only if one year has passed since the action was taken. (h) Calling for the Question. Neither the moving party nor the party seconding any motion is allowed to call for the question. (i) Ll.mitation of Debate. No Councilmember shall be allowed to speak more than once upon any particular subJect until every other Councilmember desiring to do so shall have spoken. Each Councilmember speaking on anyone item on the Agenda shall be limited to 10 minutes per l.tem to state his or her opinion and views. RULE 13. DEBATE. A Councilmember may request through the Presiding Officer under the privl.lege of having an abstract of his or her state- ment on any subject under consideration by the City Council entered in the minutes. If the City Council consents thereto, such statement shall be entered in the ml.nutes. REMARKS OF COUNCILMEMBERS AND SYROPSIS OF RULE 14. PROTEST AGAINST CITY COUNCIL ACTION. Any Councilmember shall have the right to have the reasons for his or her dl.ssent from, or h~s or her protest agal.nst, any action of the City Council entered in the ml.nutes. Such d~ssent or protest to be entered l.n the minutes shall he made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons. . . .n -15- e e RULE 15. RULES OF ORDER. Except as otherwise provided herein, the City Charter, other rules adopted by the Cl.ty Council, or applicable provi- sions of State law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order. The City Council rules, or anyone thereof, may be sus- pended by a vote of two-thirds (2/3) of the Councilmembers pre- sent. RULE 16. FAILURE TO OBSERVE RULES OF ORDER. Rules adopted to expedite the transactl.on of the business of the City Council in an orderly fashion are deemed to be pro- cedural only and the failure to strictly observe such rules shall not affect the jurisdictl.on of the City Councilor invali- date any action taken at a meeting that is otherwise held in conformity with law. RULE 17. ADDRESSING THE CITY COUNCIL. (a) Registration. Each person wishing to address the City Council regarding items on the Agenda where public discus- sion is perml. tted shall register first with the City Clerk his or her name and address prior to any discussion of that item, and preferably shall register prl.or to the start of the City Council Meeting. (b) Manner of Addressing the City Council. desiring to address the City Council shall step Each person up to the -16- - It microphone in front of the rail, state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she is representing if he or she represents an organization or other person, and, unless further time is granted by majority vote of the City Council, shall limit his or her remarks to five minutes per item. All remarks shall be addressed to the City Council as a whole and not to any member thereof. No questions shall be asked of a Councilmember or a member of the City Staff without the permission of the Pre- siding Officer. (c) Discretion to Limit Duration and Number of Speakers. Where more than one person desires to speak on a particular ~tem, it shall be within the discretion of the Presiding Officer to limit the number and duration of presentations to not less than 10 minutes for each side giving equal time for each posi- tion or side. It is recommended that a spokesperson for each side be chosen prior to the meeting and the City Clerk shall advise persons of this recommendation. If a spokesperson 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 spokesperson. The Presiding Off icer may also deternune wh~ch persons have a predominate or proprietary interest in an item and permit such person or per- sons to speak first. Nothing in this section shall be deemed to preclude the Presiding Officer or a majority of Councilmembers present from allowing extended debate on any matter. -17- e e (d) Persons Speak~n9 on More Than One Item. Anyone person wish~ng to speak on more than one item shall limit his or her remarks to five minutes on the item he or she considers most important and three minutes on any other item unless further time is granted by a majority vote of the City Council. (e) After Motion. After a motion has been made or a pub- lic hearing has been closed, no member of the public shall address the City Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Counc1l. RULE 18. RULES OF DECORUM. {a} Councilmembers. When the City Council is in session, Councilmembers must preserve order and decorum, and a Council- member shall neither by conversation or otherwise delay or 1nterrupt the proceedings or the peace of the City Council nor distrub any Councilmember while speaking or refuse to obey the orders of the pres~d~ng Officer. Councilmembers shall not leave their seats during a meeting w1thout first obtaining the per- mission of the Presiding Officer. (b) Employees. Members of the City Staff and employees shall observe the same rules of order and decorum as are appli- cable to the City Council, with the exception that members of the C~ty Staff who are not seated at the City Council table may leave their seats during a meeting without first obtaining the permission of the Presiding Off1cer. -18- e e (c) Persons Addressing the Council. ( 1 ) No person other than a Counci lmember and the person having the floor shall be permitted to enter into discus- sions, either directly or through a Councilmember, without per- mission of the Presiding Officer. (2) No questions shall be asked a Councilmember except through the Presiding Officer. ( 3) All remarks shall be addressed to the 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 City Council shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Off icer, be barred from further audience before the City Council dur~ng that meeting. <d) Members of the Audience. (1) Any person in the audience or at the City Coun- cil table who engages in disorderly conduct such as hand clapp- ing, stamping of feet, whistling, using profane language, yell- ing, and similar demonstrations, or who disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Off~cer shall be guilty of a mis- demeanor 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 City Council Chambers and to place him or her under arrest. -19- e - (2) No person shall be permitted to interrupt the ind~vidual Councilmembers or the City Clerk when the City Coun- cil is in session. (3) Except with pr10r authorization of the Presid- ing Officer, no placards, signs or posters, or packages, bund- les, suitcases or other large objects shall be brought into the C1ty Council Chambers. (4) Unless addressing the City Councilor enter1ng or leaving the City Council Chambers, all persons in the audi- ence 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 pr10r authorization of the Presid- ing Officer, the distribution of literature, of whatever nature or kind, is prohibited. (e) Persons Authorized to be Within Rail. No person except Councilmembers and City Staff and recognized representa- tives of the news media shall be permitted within the rail with- out 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 or she may des- ignate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order and decorum at C1 ty Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative -20- e e vote of a majority of the City Council shall require him or her to do so. RULE 19. VOTING PROCEDURE. Any vote of the City Council, including a roll call vote, may be registered by the members by answering nAye II for an affirmative vote or II No II for a negative vote upon his or her name being called by the City Clerk. Unless a member of the City Council states that he or she is not voting, silence shall be recorded as an affirmat1ve vote. RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST. Any Counc1lmember who 1S disqual1fied from voting on a particular matter by reason of a conflict of interest shall pub11c1y state or have the presiding Officer state the nature of such disqualif1cation in an open meeting. Where no thoroughly disqualifying conf lict of interest appears, the matter of dis- qualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the City Council table and leave the City Council Chambers. A Councilmember 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. -21- e e RULE 21. FAILURE TO VOTE Every councJ.lmember is entitled to vote unless disquali- fied by reason of a conflict of interest. A Councilmember who abstains from voting in effect consents that a majority of the quorum may decide the questJ.on voted upon. RULE 22. TIE VOTE. Tie votes shall be lost motJ.ons and may be reconsidered. RULE 23. CHANGING VOTE. The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION. The followJ.ng procedure shall be followed in connection with any agenda item requiring a motion: (a) City Clerk reads the tJ.tle. (b) Explanation by City Manager, if called for by the PresidJ.ng Officer. (c) Questions to City Manager by Councilmembers. (d) All background material complete at this point. (e) Public to be heard subJect to the limJ. tations set forth hereJ.n. (f) Close of public discussion. (g) Presiding Officer to ask for a motion and second. -22- e e (h) Motion and discussion by the City Council. (i) The maker of the motion to have a chance for further d~scussion. (j) Presid~ng Officer to restate the motion. (k) Vote on the mot~on. RULE 25. ORDINANCES, RESOLUTIONS AND CONTRACTS. (a) The preparation of ordinances shall be ordered only by a major1ty vote of the City Council, except for those ordi- nances specified in Section 619 of the City Charter. All ordi- nances shall be prepared by the City Attorney. (b) Ordinances shall be prepared according to three prI- ori ties. When requesting the preparation of ord~nances, the City Council shall instruct the City Attorney as to whether the request is I'urgent." The Cl ty Attorney shall classify all other requests for ordinances as IInormalll or lIextended.1I (c) Ordinances designated as lIurgent" shall be returned to the City Council at the next subsequent City Council Meeting. Likewise, ordinances for second reading shall be returned to the City Council at the next subsequent meeting. Ordinances desig- nated as IInormalll or "extended II shall be returned according to the schedule of due dates prepared by the City Attorney. (d) Specif Ie due dates for each ordinance, other than those designated lIurgent, " shall be determined by the City Attorney and due dates for all ordinances shall be communicated to the City Council in the next subsequent Agenda package. In- sofar as practicable, the C~ty Attorney shall endeavor to return -23- e e ordinances to the City Council which have been desl.gnated as "normal" within four weeks of the request therefor. (e) Ordinances designated as "normal" shall be processed 1n the following manner: (1) The City Attorney shall schedule due dates for such requests on the day following the City Council Meeting at which the request is made. (2) By 12: 00 Noon one calendar week and two days following said meeting (the second Thursday following), the City Attorney shall submit drafts of requested ordinances to the City Manager for reVl.ew. (3) By 12: 00 Noon one calendar week and six days follow1ng said meeting (the second Monday following), and fol- lowing his review, the City Manager shall return said drafts to the City Attorney. (4) By 10:00 a.m. two weeks and two days following sal.d meeting (the third Thursday following), the City Attorney shall submit final documents of requested ordinances to the C1ty Manager, to be included l.n the Agenda package for the next sub- sequent City Council Meetl.ng for fl.rst reading. (f) Resolutions shall be prepared, when requested by the Ci ty Council, in the same manner as ordinances in the IInormalll cycle. (g) Ordinances and resolutions may be voted on in a group rather than separately, unless a Councilmember expresses a desire to debate a particular ordinance or resolution, where there is a division of votes "pro" or "con" or where a specific -24- e e number of votes is required by law, in which cases, the particu- lar ordinance or resolution shall be considered separately. (h) A resolut~on, unless laid over by a majority vote of the City Council, shall be acted upon on the day of presenta- tion. (i) Matters coming before the C~ty Council in the form of recommendations which require the preparation of an ordinance and subsequent first and second readings shall be open to public discussion, except at the time of second reading. (j) The Presiding Officer, before calling for a motion on the adoption of any resolution, shall first inquire if there is anyone who des1res to be heard on said proposed resolut10n. All persons desir~ng to be heard must have registered with the City Clerk, prior to the discussion of the resolution, their name and address and the resolution i tern they wish to speak on and the Presiding Off~cer will call upon speakers from that list. Pub- lic hearings held at the time of first reading and introduction of ordinances shall be conducted, insofar as applicable, in the same manner. (k) At the time of adopt10n of an ord1nance or a resolu- tion, ~ t shall be read in full unless after reading the title thereof, further reading is waived by a unanimous vote of the Councilmembers present. Such consent may be expressed by a statement of the Presiding Officer that II If there is no objec- t1on, the further reading of the Ordinance or Resolution is waived. II (1) Resolutions may be adopted by the City Counci 1 by -25- e e title only, and the City Council may direct that the resolution, other than the title, be drafted following such adoption. In this event, ~t is not necessary that resolutions so adopted be returned to the City Council after the date of their adoption. (m) Contracts for which amounts have been budgeted pre- viously by the City Council shall be deemed approved by the bud- geting of such amounts and shall not be required to be presented to the City Council for further approval or authorization for the City Manager to execute the same, so long as the amounts represented by such contracts are the same as those amounts approved and budgeted. RULE 26. PRIOR APPROVAL BY ADMINISTRATIVE STAFF. All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney, and shall have been examined for adm~nistration by the City Manager or his or her author~zed representative. No request for the preparation of an ordinance or other item by the City Council shall be placed on the Agenda before the final, reviewed document has been received by the City Manager. RULE 27. INFORMAL MEETINGS. The City Council, subject to notice and other requirements ~mposed by law, may hold informal meetings in the C~ty Council Chamber of Cl. ty Hall at such times as may be designated in an order for a special meeting. At any such informal meeting, the -26- e e City Council shall not take any formal or bl.nding actl.on upon any formal motion, resolution, ordinance, nor any other action required by law to be taken by the City Council. Such informal sessions shall be devoted exclusively to the presentation and exchange of information. RULE 28. JOINT MEETINGS WITH BOARDS AND COMMISSIONS. The City Council, during the year, shall meet with the individual Boards and Comml.SSl.ons at least once, when feasible Wl.th the Agenda of the City Council, said meetings to be calen- dared as study sessions, to be held in the City Council Chamber at such time as is convenl.ent to the Councilmembers. RULE 29. COMMUNICATIONS BY BOARDS AND COMMISSIONS. No City Board or Commission shall transmit an official resolution or any other correspondence of said Board or Commis- sion on any matter of City poll.cy to any non-City Agency, Board or Commission without a vote of such Board or Commission to do so, nor without the prior approval of the City Council that such communl.catl.on be so transml.tted. RULE 30. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS. The City Manager, City Clerk and Cl. ty Attorney or, in their absence, their authorized representative, shall attend and be present durl.ng all City Council Meetings and give necessary service and advice. However, any of the above is permitted to leave the City Council Chamber after seeking and obtaining -27- - e perm~ssion from the Presiding Officer and be absent therefrom for a period of time not to exceed 10 minutes without said absence causlng a halt in the city Council proceedings. RULE 31. ADJOURNMENT. All City Council Meetings unless otherwise determlned by Council. shall adjourn at a majority vote 11:00 of the p.m. City RULE 32. RECORD OF MEETINGS. All public meetings of the City Council shall be recorded by tape recorder. The recording shall be made by the City Clerk and shall 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. RULE 33. INTERPRETATION AND MODIFICATION OF THESE RULES. These rules shall be interpreted Ilberally 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 resolu- tion. * * * * -28- e e SECTION 2. Resolution Numbers 4525 (CCS), 4548 (CCS), 4570 (CCS), 4631 (CCS), 4848 (CCS), and 4909 (CCS), and each of them, and any other resolution adopting, amending or relating to City Council Rules of Order, are hereby repealed in its entirety. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be 1n full force and effect. APPROVED AS TO FORM: -29- .~ .- ADOPTED AND APPROVED THIS 3rd DAY OF November , 1 981. //} U4 I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6387 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON :-.Jovember 3 , 1981 BY THE FOLLOWING COUNCIL VOTE~ AYES: COUNCILMEMBERS: Conn, Edwards, Press, Zane, Mayor Yannatta Goldway ~toES: COUNCILMEHBERS: None A B S E NT: C 0 U N C I L M n1 B E R S : J e nn i n g 5, R e e d ABSTArr~: cOUNCIU1Et1BERS: None ATTEST: /' / ~ //' - CA7'?j~/- . i {/.----,I.-.A II - v ~ /'-",(_ v' C I T Y- .c L E R K