City Council
Report
City Council Meeting: June 21, 2022
Agenda Item: 8.A
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council:
1. Provide direction to staff regarding changing the time limit(s) for public comment;
2. Provide direction to staff regarding order for hearing both in-person and remote public comment and the discontinuation of the time donation to another speaker policy upon implementation of hybrid meetings;
3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;
4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and
5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
Summary
At the May 24, 2022, Council meeting, a study session was held to discuss ways in which Council meeting management can be improved and allow for remote public comment. At that time, Council directed staff to return with resolution(s) adopting the following meeting format changes:
1. Setting a fixed public meeting start time for regular meetings of 7:00 p.m., with 7:00 being the set time to end Closed Session;
2. As a pilot through December 31, 2022, consolidating the following public comment at the beginning of the meeting:
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Special Items, Closed Session, and all Public Agenda Items, except Public Hearings. Comments for Public Hearings (items that require public notice such as appeals, zoning changes and other items required by law) will be heard when the items are called.
3. Moving proclamations and other special items ahead of Closed Session;
4. Moving the deadline for Councilmember Discussion Items (13 Items) to noon on Monday, 8 days ahead of the Council meeting; and
5. Having quarterly updates from Council ad hoc committees.
In addition to consolidating all public comment to the beginning of the meeting, there was universal support amongst Councilmembers for implementing a remote public comment option for both Council and board and commission meetings.
Discussion
Amending Council Rules
The Council’s current Rules of Order and Procedure are established by Resolution No. 11418. Rule 30 provides that the Council Rules may be amended by resolution.
To reflect the procedures Council recommended at the May 24, 2022 Council meeting, staff proposes that Council adopt a resolution (Attachment A) to amend Rule 2, which governs time and place for holding regular meetings to change the start time for open session from 6:30 p.m. to 7:00 p.m. It is also recommended that Rule 3 governing quorum and action be amended to include a statement regarding ad hoc committees being required to report to Council quarterly. Staff further recommends amending Rule 5 (c) governing placing Councilmember agenda items on the agenda to submit items for regular meetings by 12:00 p.m. on Monday, eight (8) days prior to the proceeding Council meeting. Finally, staff recommends amending Rule 6, which governs categories and order of business as follows:
(a) Call to Order.
(b) Salute to the Flag.
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(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.
(e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. (g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the 4 of 7
consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (h) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item. (i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the agenda before or during the City Council’s consideration of the item, except where a public hearing is required by law.
(j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
(k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
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(m) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau.
(q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(s) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. 6 of 7
Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (t) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
Staff is asking for direction regarding time limits for public input. Currently, Rule 15 (e) regarding time limits stipulates that members of the public shall limit their remarks to two minutes per agenda item for a total of six minutes per meeting. Now that Council has approved consolidating all public comment, including general public input, to the beginning of the meeting, staff is recommending keeping the six-minute maximum per meeting, with a two minute maximum per comment section. This does not affect public comment where public hearings are required by law.
Hybrid Meetings
In addition to the changes to the meeting format, Council voiced resounding support for including a hybrid component to both Council meetings and board and commission meetings to allow for residents who are not able to physically attend meetings in person to have an option to provide live public comment. Staff is recommending, pending budget approval, that this component be implemented effective with the first regular Council meeting in September and for boards and commission to begin at the end of calendar year 2022 or at the end of the first quarter of 2023, in order to allow adequate time to recruit staff, obtain, and install the technology needed to provide this service.
At this time, staff is asking Council to provide direction as to how public comment will be heard once the hybrid model is implemented. One option would be to allow all remote callers to be heard first to allow staff to be released once remote public comment is completed. However, this would negatively impact those persons attending the meeting 7 of 7
in person, as they will have to wait until remote calling is complete. Another option would be to rotate back and forth between in-person and remote public speakers, for example, allowing three in-person speakers then three remote public speakers and so on and so forth. Further, due to the difficulty of managing time donation for remote callers, staff is recommending that Council remove rule 16(j) governing time donation to another speaker once hybrid meetings are implemented.
Remote Quarterly Meetings for Boards and Commissions
Finally, if resources are made available for hybrid meetings and the City is able to make the required findings under AB 361, staff is recommending that Council extend remote meetings for boards and commissions until the end of calendar year 2022 or until the end of the first quarter of 2023 to address the costs associated with additional staffing and training and obtaining technology to upgrade facilities in order to hold hybrid meetings.
Financial Impacts and Budget Actions
There are no immediate impact to the budget at this time.
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. 20220621 Council Rules
B. Written Comments
C. PowerPoint Presentation