City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 11.B
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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 Amending Council Rules of Order and Procedure and Review of the Public Input Pilot
Recommended Action
Staff recommends that the City Council:
1. Provide direction to staff to either continue the public input pilot as is, return to the previous method for public input; or adopt a new method based on modifications from the aforementioned options; and,
2. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
Executive Summary
The City of Santa Monica has a long history of having an engaged and passionate population, deeply involved in providing feedback to its elected officials. The City Council is committed to fostering this democratic process and embraces the varying viewpoints of its residents. However, Council meetings are business meetings for the purpose of creating and adopting policy, approving contracts, and conducting other city business. As such, it is up to the Council to determine the balance between allowing for robust input from the public while also finding the most efficient and effective method to conduct its business.
Discussion
Public Input Pilot
At the May 24, 2022, Council meeting, a study session was held to discuss ways in which Council meeting management can be improved. At that time, Council directed 2 of 4
staff to return with a resolution adopting a pilot through December 31, 2022, consolidating public comment at the beginning of the meeting in the following manner:
Public comment on non-agenda items, Special Agenda 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. Council directed staff to amend the Council Rules resolution to accommodate this pilot program. The amendment was adopted by Council at the June 21, 2022, Special Council meeting to take effect with the June 28, 2022, Council meeting. As the pilot is now reaching its expiration date, staff seeks direction from Council to adopt a permanent format for conducting public input.
Staff recommends the following three options:
1. Continue with the pilot method permanently;
2. Return to the previous method for providing public input; or
3. Adopt a new method based on modifications from the aforementioned options (ex. Hold two public comment periods at the beginning of the meeting prior to closed session; one session for general public input and one session for all agenda items).
Staff conducted a cursory statistical analysis of the amount of public input received under the prior method of public input vs. during the pilot program and found the difference to be insignificant. Further, staff also conducted a survey of both members of the public and staff who regularly attend and present at Council meetings. Six responses were received from members of the public and 34 from staff with the results being roughly 50% for either option.
Amending Council Rules
In conjunction with the City Manager and City Attorney, Clerk staff has reviewed the Council Rules and has found areas of concern where rules are ambiguous and require clarification. The proposed amendments to the Council Rules largely clarify existing practices, but for a few rules, additional specificity and ease of implementation is provided. We believe the amendments will help in both the preparation for and conduct of Council meetings.
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The proposed amendments to the Council Rules, attached as Exhibit A, include the following:
1. All gender-based pronouns have been eliminated.
2. The role of Robert’s Rules is clarified.
3. The current procedure for taking public comment is made permanent (but allowing for Agenda management to alter).
4. It is expressly provided that Council may add or delete a regular Council meeting.
5. The City Attorney may place items affecting the City Attorney’s Office or closed session on the Agenda.
6. A process and timeline for Councilmembers placing items on the Agenda is specified.
7. A process and timeline for placing boards and commissions items on the Agenda is specified.
8. Procedures for points of order are clarified.
9. The rule regarding applause is specified.
10. Changes in seating order are provided.
11. Voting on an item with all the sub-items together is expressly provided.
12. Provides clarification for board and commissions providing public comment on general items.
13. Clarifies process for requesting an ADA accommodation, particularly for calling into the Council meeting as an ADA accommodation.
Environmental Review
This is not a project for purposes of the California Environmental Quality Act.
Financial Impacts and Budget Actions
There are no budgetary impacts associated with this staff report. 4 of 4
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. Exhibit A - Council Rules Reso 121322