Chapter 30 — CITY COUNCIL

Words or phrases in this chapter shall bear the definitions set forth in the Ralph M. Brown Act and the California Public Records Act, unless otherwise specified herein. Whenever in this chapter the following words or phrases are used, they shall be: AGENDA. The agenda of the body covered by this chapter which has scheduled a public meeting. The agenda must meet the requirements of Cal. Gov’t Code § 54954.2 and § 30.01(D). For closed sessions, the agenda must meet the requirements set forth in Cal. Gov’t Code § 54954.5.

AGENDA AND RELATED MATERIALS. The agenda, all reports and other written material prepared and forwarded by staff to any body covered by this chapter and other materials forwarded to the body by the deadline for posting agendas, which provide background information or recommendations concerning the subject matter of any agenda item for any meeting of that body covered by this chapter.

AGENDA SUBSCRIBER. Any individual or group of persons who request, on a regular basis, the receipt of an agenda or an agenda and related materials.

BUSINESS DAY. Any day other than a Saturday, Sunday, or legal holiday and during those regular hours of such days established for the operation of the city department or office.

CITY. The City of Eureka.

ON-LINE. Accessible via computer, tablet, mobile device or other electronic device without a charge to the user.

The POLICY BODIES covered by this chapter are: the City Council, Successor Agency to the Redevelopment Agency, and the Public Financing Authority.

(Ord. 856-C.S., passed 5-16-17)

(A) Time. The Council shall hold regular meetings on the first and third Tuesday and Thursday of each month at 6:00 p.m. A 9:30 p.m. curfew will be observed on all open session agenda items. The Council shall hold closed session meetings on the first and third Tuesday and Thursday of each month at 5:00 p.m. Any regular meeting may be canceled or rescheduled by a majority vote of the Council provided the vote is taken no later than at the regular meeting immediately preceding the regular meeting to be canceled or rescheduled.

(B) Place. All regular meetings of the Council shall be held in the Council chambers on the second floor of the City Hall. Adjourned or special meetings may be held in a place other than the Council chambers when designated by City Clerk or City Manager.

(C) Agenda. The agenda shall contain a brief, general description of each item of business to be transacted or discussed during the meeting and shall avoid the use of undefined abbreviations or acronym not in common usage and terms whose meaning is not known to the general public. It may refer to explanatory documents, including, but not limited to, correspondence or reports, in the related material.

(D) Notice and agenda requirements; regular meetings. All agenda summaries, bills, ordinances, resolutions, contract documents, communications, reports and other matters to be submitted to the Council for action, consideration, or discussion shall be delivered to the City Clerk not later than the end of business 11 days before a regular Council meeting, or at least 24 hours before a special Council meeting. The City Clerk, in consultation with the City Manager, shall prepare an agenda that conforms to § 30.01(C) to be presented to the Council. In an emergency, supporting documents to an agenda item may be delivered to the City Clerk prior to the meeting. The City Clerk shall furnish the Mayor, each member of the Council, the City Manager, the City Attorney, and media, agenda subscribers and the public with a copy of the agenda on the Wednesday prior to the regular Council meeting. The agenda shall be made public by posting the agenda on the public bulletin board outside City Hall and on the city’s website.

(E) Supplemental agenda and related materials requirements. Notwithstanding the notice provisions of § 30.01(D), a body may amend or supplement a posted agenda or agenda-related materials no later than 72 hours before a regular meeting.

(F) Public hearings. The City Clerk with the concurrence of the City Manager is authorized to schedule, advertise, and place on the agenda all public hearings required by law.

(‘63 Code, § 2-2.01) (Ord. 2834, passed 4-19-60; Am. Ord. 89-C.S., passed 3-10-67; Am. Ord. 252-C.S., passed 7-4-75; Am. Ord. 370-C.S., passed 8-3-82; Am. Ord. 457-C.S., passed 1-6-87; Am. Ord. 471-C.S., passed 5-19-88; Am. Ord. 498-C.S., passed 8-1089; Am. Ord. 507-C.S., passed 2-1-90; Am. Ord. 629-C.S., passed 3-2-99; Am. Ord. 741-C.S., passed 5-19-09; Am. Ord. 856-C.S., passed 5-16-17)

(A) Special meetings may be called by the Mayor or by three members of the Council. Notices of special meetings shall be served on each member of the Council, the Mayor, the City Attorney, and the City Manager personally or by e-mail. Special agendas will be delivered to individuals who have subscribed in receive Council agendas. At such special meeting no other business shall be considered except that specified in the notice. Notice of special meetings shall be given to all news media.

(B) Notice and agenda requirements: special meetings. All agenda summaries, bills, resolutions, ordinances, contract documents, communications, reports and other matters to be submitted to the Council for action, consideration, or discussion shall be delivered to the city at least 24 hours prior to the special meeting. Materials for scheduled special meetings/workshops shall be submitted to the City Clerk no later than close of business the Thursday prior to the special meeting/workshop for Friday publication.

(‘63 Code, § 2-2.02) (Ord. 2834, passed 4-19-60; Am. Ord. 856-C.S., passed 5-16-17)

Any session of the Council may be continued or adjourned from day to day or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter.

('63 Code, § 2-2.03) (Ord. 2834, passed 4-19-60)

(A) The Mayor, or in his absence the Mayor Pro Tem of the Council, sometimes referred to in this chapter as the presiding officer, shall take the chair at the hour appointed for the Council to meet and shall immediately call the members to order. ('63 Code, § 2-2.04)

(B) The presiding officer shall preserve order at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on the subject, and decide all questions of order subject, however, to an appeal to the Council, in which event a majority vote of the Council, shall govern and conclusively determine such question of order. ('63 Code, § 2-2.08)

(Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

The Council shall elect one of its members as Mayor Pro Tem of the Council. The Mayor Pro Tem of the Council shall preside at all meetings of the Council during the absence of the Mayor, and shall act as Mayor during the absence or disability of the Mayor and in the event of vacancy of the office of Mayor, pending the selection of a successor. The Mayor Pro Tem of the Council shall be elected annually at the second meeting in November of each year.

('63 Code, § 2-2.05) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

In the absence of the Mayor and the Mayor Pro Tem of the Council, the City Clerk or his or her deputy shall call the Council to order and call the roll of the members. If a quorum is found to be present, the Council shall proceed to elect, by a majority vote of those present, a Chairperson of the meeting to act until the Mayor or Mayor Pro Tem of the Council appears. Upon the arrival of the Mayor or Mayor Pro Tem of the Council, the Temporary Chairperson shall immediately relinquish the chair upon the conclusion of the business immediately before the Council.

('63 Code, § 2-2.06) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

Before proceeding with the business of the Council, the City Clerk or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.

('63 Code, § 2-2.07) (Ord. 2834, passed 4-19-60)

Three members of the Council shall constitute a quorum at any regular or special meeting of the Council. When there is no quorum, the Mayor, Mayor Pro Tem of the Council, or any member of the Council shall adjourn such meeting or, if no member of the Council is present, the City Clerk shall adjourn the meeting.

('63 Code, § 2-2.09) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

The business of all regular meetings of the Council shall be transacted in the order set by resolution, unless the Council, by a vote of at least a majority of the members present, shall suspend the rules and change the order. (‘63 Code, § 2-2.10) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82; Am. Ord. 545-C.S., passed 6-18-92; Am. Ord. 616-C.S., passed 5-20-97; Am. Ord. 796-C.S., passed 4-16-13; Am. Ord. 825-C.S., passed 11-17-15)

(A) Reading of the minutes. Unless a reading of the minutes of the previous Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a synopsis thereof.

('63 Code, § 2-2.11)

(B) Preparation and distribution of minutes; synopsis of debate. The minutes of the Council, or journal of its proceedings, shall be kept by the City Clerk, shall be neatly typewritten in a book kept for that purpose, and shall include a record of each particular type of business transacted set off in paragraphs with proper subheads; provided, however, that the City Clerk shall be required to make a record only of such business as was actually passed upon by vote of the Council and shall not be required to record any remarks of members of the Council or any other person except at the special request of a member of the Council; and provided, further, that a record shall be made of the names of persons addressing the Council and the title of the subject matter to which their remarks related.

(C) Members may file protests against Council action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered in the minutes of the Council meeting. ('63 Code, § 2-2.20)

(Ord. 2834, passed 4-19-60)

(A) Presiding officer may debate and vote. The Mayor Pro Tem of the Council or such other member of the Council as may be presiding may move, second, and debate from the chair subject only to such limitations of debate as are by these rules imposed on all members. He shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the presiding officer. The Mayor may enter the debate on any question before the Council.

(B) Getting the floor; improper references to be avoided. Every Councilmember desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself to the question under debate and shall avoid all personalities and indecorous language. Every Councilmember desiring to question the administrative staff shall address his question to the City Manager, who shall be entitled either to answer the inquiries himself or to designate some member of his 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 point of order is raised by another member or unless the speaker chooses to yield to questions by another

member. If a Councilmember while speaking shall be called to order, he shall cease speaking until the question of order shall be determined and, if in order, he shall be permitted to proceed.

(D) Privilege of closing debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(E) Remarks of Councilmember; entry in minutes. A Councilmember may request, through the presiding officer, the privilege of having a written abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

('63 Code, § 2-2.12) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

(A) Right to address. Any person desiring to address the Council may do so after first securing the permission of the presiding officer so to do; provided, however, under the following headings of business any qualified and interested person shall have the right to address the Council upon obtaining recognition by the presiding officer:

(1) Written communications. Any person may address the Council by written communication in regard to any matter concerning the city's business.

(2) Oral communications. Any person, or his authorized representative, may address the Council by oral communication on any matter concerning the city's business or on any matter over which the Council has control.

(3) Public hearings and protests. Interested persons, or their authorized representatives, may address the Council by reading protests, petitions, or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals, and petitions, or similar matters in regard to matters then under consideration.

('63 Code, § 2-2.14)

(B) Addressing the Council after a motion is made. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do.

('63 Code, § 2-2.15)

(C) Manner of addressing the Council. Each person addressing the Council shall give his name and address in an audible tone of voice for the records. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Councilmember except through the presiding officer.

('63 Code, § 2-2.16)

(Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

• (A) The following guidelines ensure that the public's business is efficiently and effectively carried out during public meetings:

• (1) Public comments shall be limited to topics that are within the City Council's subject matter jurisdiction;

• (2) Public comments are limited to three minutes;

• (3) The City Council supports the public's right to voice opinions and disagreement, and encourages civil discourse on matters of public importance. Personal attacks, or statements of a racist, hateful, or bigoted nature, are strongly discouraged.

• (4) The public does not have a right to make obscene, defamatory, fraudulent, or threatening statements, or to make

statements that incite violence or criminal conduct. These categories of speech, which are not protected by the First Amendment, are not allowed at City Council meetings.

(B) Pursuant to Cal. Gov't Code § 54957.95, the presiding officer may cause a person or persons to be removed for disrupting the meeting as follows:

(1) Prior to removal, the presiding officer or designee will warn the person or persons that their behavior is disrupting the meeting and that their failure to cease the behavior may result in removal; unless the behavior entails a use of force or a true threat, in which case no warning is necessary prior to removal.

(2) If the disruption does not cease after warning, the presiding officer shall request that the sergeant-at-arms remove the person or persons from the chambers so that public business may resume.

(3) The presiding officer may call a recess to determine, in consultation with staff and the sergeant-at-arms, whether a violation of this policy has occurred.

(4) Under limited circumstances, removal of all persons in attendance may be necessary; if this is the case, members of the press will be allowed to remain in the meeting.

(C) Persons disrupting the meeting may be cited for violation of Cal. Penal Code § 403.

(Ord. 2834, passed 4-19-60; Am. Ord. 323-C.S., passed 8-3-82; Am. Ord. 682-C.S., passed 7-6-04; Am. Ord. 812-C.S., passed 6-215; Am. Ord. 944-C.S., passed 3-21-23)

No person, except city officials, their representatives, and news reporters, shall be permitted within the rail in front of the Council chambers without the express consent of the Council.

('63 Code, § 2-2.19) (Ord. 2834, passed 4-19-60)

(A) Preparation of ordinances. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, requested in writing by the Mayor or City Manager, or prepared by the City Attorney on his or her own initiative.

(B) Prior approval by administrative staff. All ordinances, resolutions, and contract documents, before presentation to the City Attorney or his or her authorized representative shall have been examined and approved for administration by the City Manager or his or her representative when there are substantive matters of administration involved.

(C) Introducing for passage or approval.

(1) Ordinances, resolutions, and other matters or subjects requiring introduction shall be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilmember may assume sponsorship thereof by moving that such ordinances, resolutions, or other matters or subjects be adopted.

(2) Ordinances, other than urgency ordinances and ordinances required by law, shall not be passed within five days of their introduction nor at other than a regular meeting.

(3) The title of all ordinances shall be read before introduction and passage. Passage shall never be made on the same day nor within five days of introduction except as to ordinances which take effect immediately upon passage and approval as provided in the Charter of the city.

(4) Within ten days after its approval by the Mayor, the City Clerk shall cause the title of each ordinance to be published at least once in a newspaper of general circulation published and circulated in the city.

(D) Reading. Upon request of any Councilmember, no vote shall be taken on any ordinance, resolution, nor motion until the same is read in full.

('63 Code, § 2-2.21) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82; Am. Ord. 580-C.S., passed 10-20-94)

The ayes and noes shall be taken and entered by the City Clerk or Council Clerk in the minutes of the Council or journal of its proceedings in the final action of any business actually passed upon by the vote of the Council. ('63 Code, § 2-2.22) (Ord. 2834, passed 4-19-60)

All reports and resolutions shall be filed with the City Clerk and the title of such shall be entered in the minutes. ('63 Code, § 2-2.23) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

(A) In relation to matters coming before it for disposition, the 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, including all papers, relating to

any business before it. Subpoenas may be issued in the name of the city and may be attested to by the City Clerk. Disobedience of such subpoenas or refusal to testify (upon other than Constitutional grounds) shall constitute a misdemeanor and shall be punishable by a fine as provided in § 30.99 of this chapter.

(B) The Mayor, the Mayor Pro Tem of the Council, and each member of the Council shall have the power to administer oaths and affirmations relative to any business brought before the Council or under consideration by committees of the Council. ('63 Code, § 2-2.24) (Ord. 2834, passed 4-19-60; Am. Ord. 370-C.S., passed 8-3-82)

(A) Use. The Council chambers shall be under the supervision and control of the City Clerk or his/her designee when the Council is not in session. Except as provided in this chapter, they shall be used solely by the Council for the transaction of public business of the city. If not required for such use, the City Clerk may permit their use by agencies of the federal, state, or city government for the transaction of public business, and by groups, societies, or organizations for public, literary, scientific, recreational, or educational meetings, or for the discussion of matters of general or public interest to the citizens of the city.

(B) Application for use. Application for such use shall be made to the City Clerk or his/her designee in such manner as may be prescribed by him. The City Clerk shall give preference to use by public agencies. The City Clerk shall not grant the use of the Council chambers to any person, group, society, or organization for the commission of any act intended to further any program or movement, the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means. Any permission granted for the use of the Council chambers may be cancelled or rejected by the City Clerk when necessary for the protection of city property, the preservation of order, or other sufficient reason. ('63 Code, § 2-2.25) (Ord. 2834, passed 4-19-60; Am. Ord. 2865, passed 6-6-61; Am. Ord. 370-C.S., passed 8-3-82)

Councilmembers and appointed and elected officials of the city shall not, without prior Council authorization, disclose confidential information properly received and discussed during a closed session of the City Council pursuant to the Ralph M. Brown Act, Cal. Gov't Code §§ 54950, et seq., concerning the closed session with the Attorney General, District Attorney, or Chief of Police or the respective deputies on matters posing a threat to the public's right of access to public services or public facilities, the appointment, employment, or dismissal of a public employee, the hearing of complaints or charges brought against a public employee unless such employee requests a public hearing, discussions with the city's designated Employee Relations Officer, or litigation, nor shall such persons use such information to advance the financial or other private interests of themselves or others. Violation of this section may be deemed misconduct in office and may constitute cause for removal from office. Notwithstanding § 10.99, no other penalty shall attach to a violation of this section and any person present may disclose violations of the Ralph M. Brown Act.

('63 Code, § 2-2.26) (Ord. 334-C.S., passed 11-7-78)

Notwithstanding any other provision of the law, whenever municipal elections under the Charter are consolidated with the statewide primary election, the period for the filing of nomination documents by candidates shall commence on the 113th day prior to the election. The nomination documents shall be filed not later than 5:00 p.m. on the 88th day prior to the general election in the office of the City Clerk during regular office hours.

('63 Code, § 2-2.27) (Ord. 358-C.S., passed 1-5-82)

(A) Any person who violates any provision of § 30.18(B) shall be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney. (‘63 Code, § 2-2.18)

(B) Any person who violates any provision of § 30.18 shall be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney. (‘63 Code, § 2-2.24)

(Ord. 2834, passed 4-19-60; Am. Ord. 323-C.S., passed 4-15-80; Am. Ord. 370-C.S., passed 8-3-82; Am. Ord. 812-C.S., passed 6- 2-15)