Arcata City Council
February 19, 2025

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(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a

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brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (Amended by Stats. 2016, Ch. 265, Sec. 1. (AB 2257) Effective January 1, 2017.) 54954.3.
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item, unless the item has been substantially changed since the committee

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heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. (Amended by Stats. 2016, Ch. 507, Sec. 1. (AB 1787) Effective January 1, 2017.) 54954.4.
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly.

The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists.

For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
(Added by Stats. 1991, Ch. 238, Sec. 1.)

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54954.5.

For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section.

Substantial compliance is satisfied by including the information provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section 54956.7:

LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Specify by reference to claimant’s name, names of parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9.)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95:

LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name)

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(e) With respect to every item of business to be discussed in closed session pursuant to Section 54957:

THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title)

PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)

PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8:

CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code:

REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)

HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee)
(i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86:

CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.)

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(j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96:

CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency)
Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) (k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75:

AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
(Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690) Effective January 1, 2013.) 54954.6.
(a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment.

For purposes of this section, the term “new or increased assessment” does not include any of the following:
(A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged. (B) A service charge, rate, or charge, unless a special district’s principal act requires the service charge, rate, or charge to conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year.
(D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days’ public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or

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hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision.

Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(F) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited.

The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll, the State Board of Equalization assessment roll, or the local agency’s records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase.

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(B) A general description of the purpose or improvements that the assessment will fund.
(C) The address to which property owners may mail a protest against the assessment.
(D) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment.
(E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable. (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section.
(3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and openspace district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals.
(g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice.

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(h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section.
(Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194) Effective January 1, 2012.) 54955.

The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
(Amended by Stats. 1959, Ch. 647.)
54955.1.

Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. (Added by Stats. 1965, Ch. 469.)
54956.
(a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting

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as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s budget.
(c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (Amended by Stats. 2011, Ch. 692, Sec. 9. (AB 1344) Effective January 1, 2012.) 54956.5.
(a) For purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.
(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.
(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or

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near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.
(Amended by Stats. 2002, Ch. 175, Sec. 2. Effective January 1, 2003.) 54956.6.

No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. (Added by Stats. 1980, Ch. 1284.)
54956.7.

Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant’s attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license.

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(Added by Stats. 1982, Ch. 298, Sec. 1.)
54956.75.
(a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report.
(b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law.
(Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.) 54956.8.

Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

For purposes of this section, negotiators may be members of the legislative body of the local agency.

For purposes of this section, “lease” includes renewal or renegotiation of a lease.

Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
(Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.) 54956.81.

Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund investments. All investment transaction decisions made during the closed session shall be made by rollcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2.
(Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.) 54956.86.

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Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status, or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. (Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.) 54956.87.
(a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request.
(d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1

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(commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2.

The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code.
(f) For purposes of this section, “health plan trade secret” means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria:
(1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product.
(2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. (Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517) Effective January 1, 2016.) 54956.9.
(a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.
(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter.
(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:
(1) Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2).
(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances” shall consist only of one of the following:
(1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the

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agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.
(4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5.

The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed.
(f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
(h) A local agency shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment.
(Amended by Stats. 2012, Ch. 759, Sec. 7. (AB 2690) Effective January 1, 2013.) 54956.95.
(a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency.

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(b) Nothing in this chapter shall be construed to prevent the Local Agency SelfInsurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the authority or a local agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency.
(Added by Stats. 1989, Ch. 882, Sec. 3.)
54956.96.
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency member.
(2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California, or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following:
(A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local agency member’s regularly appointed member, to attend closed sessions of the Clean Power Alliance of Southern California, or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member, and that is presented to the Clean Power Alliance of Southern California, or its successor

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entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals:
(i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(ii) Members of the legislative body of the local agency present in a closed session of that local agency member.
(2) If the Clean Power Alliance of Southern California, or its successor entity, adopts a policy or bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California, or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor entity.
(c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b). (d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 248, Sec. 1. (SB 355) Effective January 1, 2020. Repealed as of January 1, 2025, by its own provisions. See later operative version added by Sec. 2 of Stats. 2019, Ch. 248.) 54956.96.
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency member.

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(2) A designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a).
(c) This section shall become operative on January 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 248, Sec. 2. (SB 355) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.)
54956.97.

Notwithstanding any provision of law, the governing board, or a committee of the governing board, of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following:
(a) A loan or investment decision.
(b) A decision of the internal audit committee, the compliance committee, or the governance committee.
(c) A meeting with a state or federal regulator.
(Added by Stats. 2019, Ch. 442, Sec. 14. (AB 857) Effective January 1, 2020.) 54956.98.
(a) For purposes of this section, the following definitions shall apply:
(1) “Shareholder, member, or owner local agency” or “shareholder, member, or owner” means a local agency that is a shareholder of a public bank. (2) “Public bank” has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following:
(1) All information received by a shareholder, member, or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confidential. However, a member of the governing board of a shareholder, member, or owner local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that shareholder, member, or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency.
(B) Other members of the governing board of the local agency present in a closed session of that shareholder, member, or owner local agency.

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(2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member, or owner local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member, or owner local agency’s regularly appointed member may attend a closed session of the public bank governing board. (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member, or owner local agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b). (Added by Stats. 2019, Ch. 442, Sec. 15. (AB 857) Effective January 1, 2020.) 54957.
(a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public services or public facilities.
(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.
(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void.
(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.
(4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code.

Closed sessions held pursuant to this subdivision shall not include discussion or

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action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.
(Amended by Stats. 2013, Ch. 11, Sec. 1. (AB 246) Effective January 1, 2014.) 54957.1.
(a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:
(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:
(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasijudicial proceeding shall be reported after the settlement is final, as follows:
(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.

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(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.
(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction.
(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.
(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.
(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.
(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.) 54957.2.

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(a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a).
(Amended by Stats. 1981, Ch. 968, Sec. 31.)
54957.5.
(a) Notwithstanding Section 6255 or any other law, agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, 6254.22, or 6254.26.
(b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency’s Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.
(3) This subdivision shall become operative on July 1, 2008. (c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

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Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
(d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
(e) This section shall not be construed to limit or delay the public’s right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication.
(Amended by Stats. 2013, Ch. 326, Sec. 1. (AB 382) Effective January 1, 2014.) 54957.6.
(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.

Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives.

Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.

Closed sessions with the local agency’s designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated representative.

Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees.

For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors.
(Amended by Stats. 1998, Ch. 260, Sec. 5. Effective January 1, 1999.)

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54957.7.
(a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54957.8.
(a) For purposes of this section, “multijurisdictional law enforcement agency” means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft.
(b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.
(Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.) 54957.9.

In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall

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prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
(Amended by Stats. 1981, Ch. 968, Sec. 34.)
54957.10.

Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee’s application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship arising from an unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as specified in the deferred compensation plan.
(Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.) 54958.

The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. (Added by Stats. 1953, Ch. 1588.)
54959.

Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
(Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) 54960.
(a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the

APPENDIX B P a g e | 40
period and under the terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording.
(2) The audio recordings shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure.
(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:
(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This section shall not permit discovery of communications that are protected by the attorney-client privilege.
(Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003) Effective January 1, 2013.) 54960.1.
(a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section.

Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation.

APPENDIX B P a g e | 41
(c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action.
(3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15- day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body’s decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action.
(d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and 54956.5.
(2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter.
(Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.)

APPENDIX B P a g e | 42
54960.2.
(a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:
(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). (4) Within 60 days of receipt of the legislative body’s response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action.
(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5.
(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:

To :

The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:
[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]

APPENDIX B P a g e | 43
In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.

The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.

Very truly yours,
[Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda.
(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body.
(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter.
(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open

APPENDIX B P a g e | 44
session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as “Rescission of Brown Act Commitment,” provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (Added by Stats. 2012, Ch. 732, Sec. 2. (SB 1003) Effective January 1, 2013.) 54960.5.

A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency.

A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit.
(Amended by Stats. 2012, Ch. 732, Sec. 3. (SB 1003) Effective January 1, 2013.) 54961.
(a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951.
(b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. (Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1, 2008.) 54962.

APPENDIX B P a g e | 45
Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. (Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.) 54963.
(a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.
(b) For purposes of this section, “confidential information” means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter. (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.
(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grandjury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following:
(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency.
(2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information.
(f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. (Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.)

APPENDIX
C—City of Arcata Travel Policy

APPENDIX C P a g e |
1 City of Arcata Revised 06/06/18
Administrative Policies and Procedures
Subject: Travel
Effective Date: July 1, 2007
Originating Department: Finance
I. PURPOSE
The purpose of this policy is to define the City’s expectations of its City officials, employees and volunteers who are required to travel in connection with their work responsibilities; to establish responsibilities and guidelines governing travel by City officials, employees and volunteers; to provide adequate controls over travel expenditures and maintain accountability while allowing for flexibility; and to provide an efficient process for approval of travel expenditures.

II. DEFINITIONS
For the purposes of this policy, the following definitions will be used:

2.1 “Travel” - any trip taken by a City official, employee or volunteer in the course of performing their duties, including trips to conferences, seminars, meetings and workshops.

2.2 “Employee” - any person representing the City in an official capacity, including employees, council members or volunteers.

2.3 “Local Travel” - travel within a radius of fifty miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions.

2.4 “Out of Town Travel” - any travel, including out of state, that requires subsistence or actual living expenses.

2.5 “Mileage Allowance” - Advance paid to the employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the General Services Administration (GSA). The mileage rates are available on the GSA website: http://www.gsa.gov/mileage - Select Privately Owned Vehicle Mileage.

2.6 “Personal Automobile” - any 4-wheeled vehicle that is manufactured primarily for use on public streets, roads, and highways pursuant to Section 280F(d)(5)(A) of the IRS Code that is not owned by the City of Arcata.

III. GENERAL
It is the policy of the City of Arcata to:

3.1 Assure that City employees and officials adhere to procedures when arranging for travel, lodging, meals and other expenses; and that employees and officials are paid for reasonable expenses incurred for travel, conferences, meetings and meals, as a result of conducting authorized City business.

3.2 Allow employees to travel to conferences, seminars, meetings and workshops when it is anticipated that the City will derive a benefit from training and information received in such events or when training is mandated by law.

Administrative Policies and Procedures
Travel Policy

3.3 Ensure that the City travel expenditures comply with budgetary guidelines.

3.4 Provide a thorough audit trail for expenditures.

3.5 This policy does not claim to have addressed all contingencies and conditions.

Expenses not specifically addressed in this policy will be paid by the City provided that the Department Head and City Manager determine that the expenses are reasonable and necessary. Such approved expenses shall be paid at the rate and manner in which the City determines most appropriate.

IV. AUTHORIZATION

4.1 All City employees and officials must obtain approval from an authorized person in advance of travel on City business for which an employee wishes to be reimbursed. The City’s Travel Authorization Form (Attachment I) must be used to obtain and document approval of each trip prior to travel; and to approve and document expenses and reimbursements associated with travel after each trip.

4.2 Approval of request to use a privately owned vehicle as a means of travel must be obtained from the Department Head and City Manager at the time the City’s Travel Authorization Form is submitted for approval.

4.3 An individual may not approve his or her own travel or approve his or her own travel documentation.

V. TRAVEL ARRANGEMENTS

5.1 Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. If travel arrangements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City from incurring unnecessary costs.

5.2 Travel advances shall be obtained before each trip. Typical advances would include amounts for meal expenses, applicable transportation costs, and other incidental miscellaneous expenses. If travel arrangements are canceled, any travel advance received shall be returned to the City.

5.2.1 No advances will be made for airfare costs, lodging or City rented vehicle expenses. Airfare costs should be paid in advance by the City, lodging costs and City rented vehicle expenses will typically be paid using a City issued credit card.

5.2.2 If a credit card has not been issued to the employee or the purchasing limits are not adequate to cover lodging costs, credit cards may be checked out of the Finance Department for use on authorized travel. Receipts from credit card purchases must be submitted to Finance, with completed Travel Authorization Form.

VI. TRANSPORTATION

6.1 Travelers shall use whatever mode of transportation is the most logical and least expensive. Consideration should be given to distance, time and total cost to the City. Transportation costs include, but are not limited to airplane, train, bus and taxi fares, bridge tolls, parking and car rental. Employees should generally take

Administrative Policies and Procedures
Travel Policy

the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use.

6.1.1 Council member travel – It is recognized that the nature and frequency in which all five members of the City Council are obligated to travel for City business at any given time may have an impact on ensuring availability of the City’s limited pool cars for other employees to conduct business. In those instances, in which the City Manager determines it is not practicable to provide a pool car for Council travel, the Council member may be required to use his/her personal vehicle for travel or the City will rent a vehicle. As further described below, for a City rented vehicle, non-employees may travel with the Council member, but are not authorized to be a driver. If a Council member is required to use his/her personal vehicle, reimbursement shall be at the higher GSA reimbursement rate for “no government furnished automobile is available”. The Council member may use that mileage reimbursement to personally rent a vehicle or obtain other forms of personal transportation of his/her choosing. For personal transportation, nonemployees may travel with the Council member and are allowed to be a driver.

6.2 City of Arcata vehicles should be used for travel, if available and more economical than other modes of transportation. For local travel, a gas card is provided in the car to use for refueling. However, if refueling is necessary for long distance travel, gas credit cards may be checked out of the Finance Department or other Cityissued credit cards may be used for any gasoline purchases. The purchase should be recorded on the pool car log sheets and receipts must be submitted to Finance.

6.2.1 Spouses, family members and guests not associated with the City business being conducted are not allowed to travel in a City of Arcata vehicle. In this instance, a personal vehicle or other non-City transportation must be used, upon prior authorization. If a non-City passenger, is traveling for the same business purpose, they must provide a completed City Application for RideAlong on City Business (Hold Harmless waiver) form (Attachment II) prior to travel. Approved ride- alongs shall not be drivers of the City vehicle at any time.

6.3 Airline transportation to and from a conference, seminar and/or meeting will be paid directly by the City. Ample research must be done to ensure that the best price is found either online, directly through the airline, or through a travel agency.

6.3.1 When a commercial air carrier is used, a traveler will be reimbursed for mileage to and from the airport when using a personal automobile and the actual cost of airport parking. If two or more travelers share transportation to and from the airport in a personal automobile, only one traveler is eligible for mileage reimbursement. If a van/shuttle or other form of paid transportation is used, the traveler shall be reimbursed for the actual cost.

6.3.2 Under no circumstances shall an employee pilot or be a passenger in privately owned and/or operated aircraft as a means of transportation for City travel.

Administrative Policies and Procedures
Travel Policy

6.3.3 Frequent flyer miles earned by an employee during City business travel may be retained by the employee for business or personal use.

Accumulating frequent flyer miles shall not influence the selection of a flight that is not the lowest priced flight available.

6.4 Personal automobiles (including any vehicle rented at employee expense) may be used in lieu of City provided car or air travel when approved in advance by the Department Head and City Manager. Advance will be at the mileage allowance established by the GSA Website. Advance for private car mileage shall not exceed the cost of “coach class” airfare, plus savings in transportation costs to and from the airport, airport parking, and transportation costs to the destination. Exception to the maximum reimbursement, as stated above, may be authorized when air service is not available or reasonably convenient to the point of destination.

6.4.1 If an employee is required to use a personally owned vehicle (or any vehicle rented at employee expense), mileage reimbursement shall be at the higher reimbursement rate for “no government furnished automobile is available”.

6.4.2 If an employee requests and is authorized to take a personally owned vehicle (or any vehicle rented at employee expense), mileage reimbursement shall be at the lower reimbursement rate for “if government furnished automobile is available”.

6.4.3 Mileage is to be determined using Google Maps with City Hall, 736 F Street, Arcata, CA as the starting point of the trip. A screenshot of Google Maps showing the estimated mileage is to be included with travel authorization form submitted to Finance for advance.

6.4.4 A personally owned vehicle (or any vehicle rented at employee expense) shall be covered by liability insurance in the amount of $100,000 to $300,000 bodily injury and $100,000 property, or the combined single limits of $300,000.

6.5 City rented vehicles - Vehicles rented to travel to business destination at City expense may only be obtained when other modes of transportation are not available, too costly, or impractical. A City rental requires the prior approval of the Department Head and City Manager. Only intermediate size vehicles, or vehicles with an equivalent rental rate, will be authorized. If two or more persons are attending the same meeting or conference, and a vehicle is needed for City business, only one vehicle may be rented at City expense. As a precaution against paying for preexisting damage, carefully examine the condition of the rental vehicle before leaving the lot, and immediately report any damages to the car rental office.

6.5.1 The City will pay for Collision Damage Waiver (CDW) coverage. Each employee/official must purchase this at the time of rental.

6.5.2 If a non-employee (spouse, family member or guest, etc.) has been authorized by the City Manager to travel with the employee/official, they

Administrative Policies and Procedures
Travel Policy

must have a signed City Application for Ride-Along on City Business (hold harmless waiver) form on file prior to travel. Approved ride-alongs shall not be drivers of the City rented vehicle at any time.

6.6 Public Transit and Carpooling – City employees are encouraged to make optimum use of available public transit services and carpooling.

VII. LODGING

7.1 The cost of lodging accommodations for approved conferences, seminars or meetings will be paid by the City or reimbursed to the employee as outlined in the following sections.

7.2 Hotel and motel charges shall be based on single occupancy rates. The accommodations used should be economical, but practical. For example, it is preferable to stay at the hotel recommended by the conference, even if that hotel may be slightly more expensive than others in the area. In instances where conference hotels are filled, the employee should attempt to secure comparable rates at the nearest hotel.

7.3 It is the employee’s responsibility to ensure cancellation of any reservations he/she will not use. If the City is charged for an unused reservation, the employee is responsible for paying the charge, unless circumstances requiring cancellation were reasonably beyond the employee’s control.

7.4 The City will not reimburse employees for lodging expenses incurred by family members when an employee’s family accompanies him/her, or for any additional guests in the same room.

7.5 The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his/her destination.

7.6 Hotel member points earned by an employee during City business travel may be retained by the employee for business or personal use. Accumulating member points shall not influence the selection of lodging that is not the economical or practical.

VIII. MEALS

8.1 The City will pay for an employee’s meals during business travel, including incidentals (i.e. tax and tips) at the per diem meal rates established by the General Services Administration (GSA) [https://www.gsa.gov/] for the travel destination (Attachment III). Employees will have the flexibility on how much to spend for each meal. Employees are not eligible for reimbursement of meal expenses that exceed the GSA per diem amount. Similarly, employees are not required to return any unused GSA per diem should meal expenses be less. Receipts are not required.

Administrative Policies and Procedures
Travel Policy

8.2 As explained in the GSA per diem information, meals that are included or provided (i.e. as part of the conference registration, by the hotel staying at, or other work related hosted meals) shall be deducted from the total per diem allowance. Follow the GSA per diem guidelines to determine what to deduct for provided meals and calculate the remaining per diem amount that is applicable.

8.3 In calculating meal allowances for partial days (i.e. travel days), the following guidelines should be used:

8.3.1 Departure – If you depart

8.3.1.1 after 8:00 am, deduct the breakfast allowance for the day;

8.3.1.2 after 2:00 pm, deduct the breakfast and lunch allowances for the day;

8.3.1.3 after 8:00 pm, deduct the entire meal allowance for the day.

8.3.2 Return – If you return

8.3.2.1 after 6:00 pm, you may claim the full per diem allowance for the day;

8.3.2.2 between 2:00 pm and 6:00 pm, you may claim the
breakfast and lunch allowances;

8.3.2.3 between 8:00 am and 2:00 pm, you may claim the
breakfast allowance.

IX. WHAT IS NOT COVERED

9.1 Personal expenses will not be paid by the City. Personal items include in-room movies, spas and gyms, optional quasi-social functions or events in connection with a conference, laundry or dry-cleaning, miscellaneous sundries, or other items of a personal nature.

9.2 Alcoholic beverage costs are not reimbursable.

9.3 Personal travel shall not be mixed with business travel if it will cost the City anything in dollars or lost time or if it will harm the City’s interest in any way. The City will not pay for any expenses of a spouse or other person who accompanies an employee on business travel.

9.4 Non-allowable expenses made with City funds or credit card shall be deducted from any reimbursement due the employee, or refunded back to the City by the employee if there is no or an inadequate amount of reimbursement due to the employee.

X. POLICY VIOLATIONS
Employees who violate the travel guidelines and rules outlined in this policy are subject to disciplinary action per Chapter XI of the City’s Personnel Rules and Regulations.

Revised:
09-06-07 (Reso 078-12)
07-01-07 (Reso 067-58)

ATTACHMENT I

TRAVEL/TRAINING AUTHORIZATION FORM
(Two copies of this form are needed for Accounts Payable) Employee name: Account number:

Name of event:

Location of event: Date of event:
*For use of Authorized Personal Vehicle
Department Head Authorization:
(For attendance of event)
Retain all receipts and attach to form
Date:

Expense
Category
Estimated
Cost
Actual Cost
Paid with
Cash/Check
Paid with
Credit Card
Total
Cost
Transportation
Lodging
Meals
Registration
Other
Total
Less Advance
Refund to Employee from City
Due to City from Employee
Department Head Approval of Expenses: Date:

Issue Check
payable to: Purpose:

Date
Needed: Amount:

Meal Per Diem
Mileage Advance*
Other
Other Items:

Advance Needed
City Car Needed
City Credit Card Needed
Gasoline Credit Card
(Only when using a City Car)
Personal Car to be Used
(City Manager Approval Required)

Travel/Training Policies
All travel/training expenditures must be processed on the Travel/Training Authorization Form. The Administrative Assistant completes the top portion of the travel form and the Department Head Authorizes with their signature. For advances: The Administrative Assistant makes a copy of the form and submits the copy to Finance for processing. The original form is held by the Administrative Assistant until travel is complete. Finance must receive the copy by 5pm on Wednesday to guarantee a check on Friday. Copy must include back-up documentation for Advance check to be issued (ex: proof of registration, spreadsheet showing per diem breakdown, Google Map screenshot estimating mileage if applicable, etc.). Advance check will include both Per Diem total and Mileage Allowance and is issued to employee prior to travel date. Both Per Diem and Mileage Allowance totals are available on the GSA.gov Website. Refer to City Travel Policy for guidance on determining applicable amounts for Per Diem and Mileage Allowance.

Upon returning from travel/training, employee must, within five working days, return City issued credit cards and submit receipts for all expenses paid for with a City credit card to the Administrative Assistant. The Administrative Assistant will complete the bottom portion of the original travel form and the Department Head authorizes with their signature. The completed original Form and supporting documentation is submitted to the Finance Department. If money is due to the City from employee, a check must accompany the paperwork. If money is due to the employee from the City, completed travel form and back-up documentation must be submitted to Finance by 5pm on Wednesday to guarantee a check on Friday.

In those situations, in which an employee is authorized by the Department Head to use his/her personal vehicle, employee must complete the “Certification” on the form below and submit to the City Manager’s Office for approval prior to travel.

If a personal vehicle is authorized, the City will reimburse employee at the rate listed on GSA.gov. Please note, a lesser mileage reimbursement rate is applied when a City vehicle is available. Refer to the City Travel Policy for further information.

CERTIFICATION
In accordance with City policy, approval is requested to use a privately owned automobile to attend the conference noted on the previous side. I hereby certify that whenever I drive a privately owned vehicle on City business, the vehicle shall always be:

1. Covered by liability insurance for the minimum amount prescribed by the City of Arcata in the amount of $100,000 to $300,000 bodily injury and $100,000 property, or the combined single limits of $300,000:

2. Adequate for the work to be performed;

3. Equipped with seat belts;

4. To the best of my knowledge, in safe mechanical condition.

I further certify that, while using a privately owned vehicle on official City business, all accidents will be reported within 24 hours.

Name of Insurance Company: _ Policy Number: _
Policy Expiration Date: _ Driver’s License Number:

Employee Signature: _ Date:

RECOMMENDATION
Use of a privately owned vehicle for the Travel/Training noted on the reverse side is recommended:

A City vehicle was available to use for travel YES NO
Department Head Signature: _ Date: _

APPROVAL
Employee request to use privately owned vehicle for this Travel/Training is Approved _ Denied City Manager Signature: _ Date: _
Rev 04/2018

ATTACHMENT II

APPLICATION FOR RIDE-ALONG ON CITY BUSINESS
Name: Date of Birth:

Phone: Drivers License Number:

Occupation: Employer:

Student: No Yes School:

In case of emergency, notify: Phone:

Address: Relationship:

Date and time requested:

Reason for riding:

AGREEMENT ASSUMING RISK OF INJURY OR DAMAGE

AND TO INDEMNIFY AND HOLD THE CITY OF ARCATA HARMLESS
Whereas the undersigned being (under) (over) the age of eighteen, and not being a City of Arcata employee, has made a voluntary written request for permission to ride as an observer/passenger in a City of Arcata vehicle, and accompany an employee in the Department during the active performance of his/her official duties.

Now, therefore, in consideration of granting the foregoing permission to ride with or accompany City of Arcata employees, the undersigned jointly and severally agrees to and shall indemnify and save harmless the City of Arcata, its officers, employees and volunteers, from all suits or actions of every name and description brought for, or on account of injuries or damages received or sustained by the undersigned while riding with or accompanying City of Arcata employees while in the performance of their duties.

Further the undersigned agrees that while accompanying the City employee during the active performance of their duties to comply with any instructions given him/her by the employee or by any other City employee encountered during the ride-along and understands that his/her participation in the ride-along may be terminated at any time for failure to comply with instructions from the employee involved.

Signed: Date:

Parent or Guardian’s Signature:
(if under 18)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Request approved: Date:

City Manager

CITY OF ARCATA TRAVEL POLICY ATTACHMENT III
1) Go to https://www.gsa.gov Select State and City, Select Next 2) Select Look up Rates

3) Select Current Fiscal Year, Select Look Up Rates
4) Find M&IE Amount. Select the Breakdown of M&IE Expenses under Footnotes #5

5) Use correct M&IE breakdown to calculate correct Per Diem amount **This is your guide for filling out the travel form. Print this page from the GSA website, highlight the correct line and include it with your travel form.

Deduct any meals that are included with the training. DO NOT use First & Last Day of Travel amount. Instead, refer to our Travel Policy Sec 8.3**

6) If applicable, in the case of Authorized Personal Vehicle usage, use Google Maps to determine mileage from Arcata City Hall to Destination and back. Print a screenshot and include with travel form.
7) Create a spreadsheet based on all pertinent information and calculate the total advance owed. Include total Per Diem plus Mileage Allowance if applicable.

Please refer to the example below.

EXAMPLE OF TRAVEL TO FRESNO 8/6/18-8/10/18
Employee leaves Arcata at 1:00PM on 8/6/18
Employee returns to Arcata at 3:00PM on 8/10/18
Lunch is included with the training on 8/7, 8/8 and 8/9 Employee drives personal car even though a City car is available Breakfast Lunch Dinner Incidental
8/6/2018 16.00 28.00 5.00
8/7/2018 15.00 28.00 5.00
8/8/2018 15.00 28.00 5.00
8/9/2018 15.00 28.00 5.00
8/10/2018 15.00 16.00 5.00
Per Diem Total 229.00
Mileage 914 x 0.18 164.52
TOTAL ADVANCE 393.52
Notes:
1) Breakfast is not included on 8/6/18 because employee leaves at 1pm. 2) Lunch is deducted during the training days because it is included with the training.
3) Dinner is deducted on 8/10/18 because employee returns at 3pm. 4) Mileage Allowance is the lesser amount of 0.18 because a City car was available for use.
**This is a basic excel spreadsheet which you will print and include with your travel form**

APPENDIX
D— City of Arcata Credit Card Policy

APPENDIX D – Credit Card Policy P a g e | 1
City of Arcata Credit Card Policy
Administrative Policies and Procedures
Subject: Credit Card
Effective Date: April 1, 1999 / Revised April 1, 2007
Originating Department: Finance
I. PURPOSE
The purpose of this administrative policy is to establish the City of Arcata’s conditions for: (1) the issuance of credit cards to identified employees; (2) the restricted use of credit cards; and (3) the procedures for payment of charges.

This policy shall replace any and all formal policies and/or informal practices concerning credit card use previously in effect. Departmental policies that may exist to carry out overall City policy shall be revised to be consistent with the procedures contained herein. This policy is subject to modification as needed by the City Manager.

II. DEFINITION
For the purposes of this policy, the following definitions will be used:

2.1 “Employee” is any person who receives a paycheck from the City of Arcata.

2.2 “Credit Card” refers to the VISA procurement cards issued to certain City employees through Rocky Mountain BankCard System.

2.3 “Single Purchase Limit” restricts the total amount of any single purchase made by the cardholder.

2.4 “30-Day Purchase Limit” determines the maximum dollar amount that will be authorized for a cardholder within a 30-day billing cycle.

2.5 “Merchant Classifications” refers to 98 merchant categories that have been defined for the procurement card program. (Attachment A)

2.6 “Approving Official” is the employee who is responsible for managing and monitoring the credit card activity of a group of cardholders.

P a g e | 2
III. GENERAL

3.1 The purpose of the credit card program is to improve access to supplies and materials needed to perform jobs, and to improve the efficiency of processing payments to suppliers by reducing paperwork and staff time. It is the intent of this policy to ensure that credit cards are readily available to all full time employees for use in conjunction with their official duties as an employee of the City.

3.2 Credit cards will be issued to certain employees as approved by the City Manager.

Generally, cards will be issued to the following employees:

3.2.1 City Council members

3.2.2 City Manager, Department Heads and Division Heads

3.2.3 Police Captain, Lieutenant and Drug Task Force Officer

3.2.4 Deputy Director of Environmental Services

3.2.5 Assistant City Engineer

3.2.6 Public Works Superintendents

3.2.7 Water/Wastewater Superintendent

3.2.8 Other employees as requested by Department Heads and approved by the City Manager and Finance Director, for the purpose fulfilling the intent described in Section 3.1 above.

3.3 Each card will have a single purchase limit and a monthly purchase limit. These limits will be determined by the Department Head and will be approved by the City Manager or Finance Director. In addition to these limits, cards may have a merchant classification restriction so that purchases can be limited to specific categories.

3.4 The use of the credit card for any purpose other than that of the City of Arcata is prohibited. In addition, capital equipment items and professional services are restricted from purchase with a credit card:

3.5 Each cardholder is responsible for the security of the card and for all purchases made with the card.

IV. PROCEDURES

4.1 Each cardholder may purchase goods and services in person or by telephone.

4.2 A receipt/invoice is required to substantiate every purchase made using the credit card.

This must contain the following information:

APPENDIX D – Credit Card Policy P a g e | 3

4.2.1 Description of commodities/services purchased

4.2.2 Quantity purchased

4.2.3 Price per item

4.2.4 Amount of sales tax and shipping charges, if applicable

4.2.5 Total purchase amount

4.3 The employee is required to review and attest to the accuracy of each monthly statement. The cardholder must also indicate on the statement the account number to which an item will be charged. The statement along with the associated receipts/invoices must be forwarded to the Approving Official within 3 days of receipt.

4.4 The Approving Official is required to review each cardholder’s purchases to determine:
(1) each purchase is a valid City purchase; (2) each purchase is supported by a receipt/invoice; and (3) the item is being charged to the correct account. The approved statements and attachments must be forwarded to the Finance Department within 5 days of receipt of the statement from the cardholder.

4.5 If an error in cardholder billing occurs, or if a problem with merchandise or services billed to the cardholder cannot be resolved, the cardholder should notify the Finance Department as soon as possible so that the appropriate paperwork can be completed to notify the credit card company of a disputed item.

4.6 Lost or stolen cards must be reported to the Approving Official within one (1) working day of discovery.

4.7 Each cardholder must surrender the card immediately upon retirement, termination, or upon the request of the Approving Official. Use of the card after privileges are withdrawn is prohibited.

V. POLICY VIOLATIONS
Employees who violate the work rules outlined in this policy are subject to disciplinary action per Chapter XI of the City’s Personnel Rules and Regulations.

APPENDIX
E— Council Approved Proclamations List

Thursday, October 14, 2021 Page 1 of 2
Council-Approved Proclamation List
Month/Meeting/Date Proclamation On Approved List Last Presented:
01-2-01 AHS Career and College Center Week 12/5/2007 1/16/2020 01-2-01 National Mentoring Month 1/15/2014 1/20/2021
02-1-06 Scouting Anniversary Week 1/17/2007 2/5/2020
02-1-07 V-Month in Arcata 2/15/2006 2/5/2020
02-2-22 Spay Day USA 2/6/2002 2/19/2020
02-2-3/8 International Women's Day 3/5/2014 3/3/2021
03-1-01 Brain Injury Awareness Month 10/18/2006 3/4/2020 03-1-07 Girl Scout Week 3/6/1995 3/3/2021
03-1-07 Sunshine Week 3/7/2007 3/3/2021
03-1-1 March for Meals Month 3/16/2016 3/3/2021
03-1-11 World Rotaract Week 3/7/2012 3/4/2020
03-2-30 Welcome Home Vietnam Veterans Day 3/17/2010 3/21/2018 04-1-04 Sexual Assault Awareness and Child Abuse Prev 4/7/2004 4/3/2019 04-1-10 Week of the Young Child 4/5/2000 4/7/2021
04-2-14 Godwit Days Spring Migration Bird Festival 3/17/1997 4/7/2021 04-2-30 Bike Month 5/5/2004 4/21/2021
04-2-30 National Historic Preservation Month 4/21/2010 5/5/2021 05-1 Water Week 5/5/2015 5/1/2019
05-1-04 Arcata Tourism Month 4/21/1993 5/1/2019
05-1-06 National Nurses Week 4/17/2002 5/6/2020
05-1-11 National Letter Carriers' Food Drive Day 4/15/1995 5/1/2019 05-1-12 National Hospital Week 5/7/2008 5/6/2020
05-2-17 Older Americans Month 4/6/2011 5/20/2021
05-2-25 Kinetic Grand Championship 5/1/1999 5/19/2021
05-2-6/6 Lemonade Day Humboldt 5/18/2011 7/21/2021
06-1-01 Alzheimer's Disease Awareness 11/1/2006 6/5/2019 06-1-08 World Oceans Day 5/18/2011 6/3/2020
06-1-13 Saf e & Sober Graduation Day 3/17/1993 6/2/2021 06-1-15 Oy ster Week 12/16/1992 6/16/2021
06-2-17 Fourth of July Jubilee 12/16/1992 6/19/2019
08-2-9.10 Suicide Prevention Week 9/2/2015 9/1/2021
09-1 Community Pride & Peace Month 9/5/2018 9/2/2020
09-1-12 CA Coastal Cleanup Day 12/16/1992 9/1/2021
09-1-24 Queer Awareness Month 9/7/2011 9/1/2021

Thursday, October 14, 2021 Page 2 of 2
Month/Meeting/Date Proclamation On Approved List Last Presented:
09-2 International Walk to School Day 9/19/2007 10/2/2019 09-2-16 International Day of Peace 9/7/2016 9/16/2020
09-2-17 North Coast Stand Down 4/18/2007 9/18/2019
10-1 Community Planning Month 10/18/2017 10/6/2021
10-1-01 Domestic Violence Awareness Month 10/3/2001 10/6/2021 10-1-05 Fire Prev ention Week 12/16/1992 10/2/2019
10-2 National Radiologic Technology Week 11/7/2012 10/17/2018 10-2-17 Great American Smokeout 12/16/1992 11/18/2020
10-2-21 International Credit Union Day 10/1/1997 10/16/2019 11-01 California Retired Teachers Week 10/16/2019 10/16/2019 11-1 Adoption Awareness Month 10/20/2004 11/4/2020
11-1 National Hunger and Homelessness Awareness 11/7/2018 11/4/2020 11-1 Zero Waste Day 10/7/2015 10/16/2019
11-1-01 Hospice Month 12/16/1991 11/4/2020
11-1-11 Veterans Day in Arcata 12/16/1992 11/20/2019
11-2-30 Season of Wonder and Light in Arcata 11/17/2010 11/18/2020 12-1-07 Human Rights Awareness Month 12/20/2000 12/2/2020

APPENDIX
F— City of Arcata Code of Ethics

APPENDIX F P a g e |1
City of Arcata Code of Ethics
Adopted by the City Council July 20, 2005
For Members of City Council, Boards, Commissions, Committees and Task Forces Preamble:

The citizens, businesses and organizations of the City of Arcata are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. In keeping with the City’s commitment to excellence, the effective functioning of democratic government, therefore, requires that:
 Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;
 Public officials be independent, impartialand fairin theirjudgment andactions;  Public office be used for publicgood, notfor personalgain;  Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the City Council of the City of Arcata has adopted a Code of Ethics for members of the City Council and of the City’s Boards, Commissions, Committees and Task Forces to assure public confidence in the integrity of local government and its effective and fair operation.

Acts in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people and not for any private or personal interest, and they will assure fair and equal treatment ofall persons, claims and transactions comingbefore the City Council, Boards, Commissions and Committees.

Comply with the Law. Members shall adhere to their sworn oath of office to support and defend the Constitution of the United States of America and the Constitution of the State of California against all enemies foreign and domestic. These laws include but are not limited to: the United States and California Constitutions, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government and City ordinances and policies.

Conduct of Members. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, boards and commissions, the staff or public.

P a g e | 2
Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff.

Conduct of Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of meetings.

Decisions Based on Merit. Membersshall base their decisions on the merits and substance ofthe matter at hand, rather than on unrelated considerations.

Communication. Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process.

Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest.

Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits, which might compromise their independence of judgment or action or give the appearance of being compromised.

Confidential Information. Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City of Arcata. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

Representation of Private Interests. In keeping with their role as stewards of the public interest, members ofCouncil shall not appear on behalfofthe private interests ofthird parties before the Councilor any board, commission or proceeding of the City of Arcata, nor shall members of Boards, Commissions and Committees appear before their own bodies or before the Council on behalf of private interests of third parties on matters related to the areas of service of their bodies.

APPENDIX F P a g e | 3
Advocacy. Members shall representthe official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When representing their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do.

Independence of Boards, Commissions, Committees and Task Forces. Because of the value of the independent advice of boards and commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Commission, Committee or Task Force proceedings.

Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

Implementation. As an expression of the standards of conduct for members expected by the City, the Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City Code of Ethics. In addition, the Code of Ethics shall be annually reviewed by the City Council, Boards, Commissions and Committees, and the City Council shall consider recommendations from boards and commissions and update it as necessary.

Compliance and Enforcement. The Code of Ethics expresses standards of ethical conduct expected for members of the City Council, Boards, Commissions and Committees. Members themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of government.

APPENDIX
G— ICMA Code of Ethics

COPYRIGHT © 2017BYTHEINTERNATIONALCITY/COUNTYMANAGEMENTASSOCIATION. ALLRIGHTS RESERVED.

APPENDIX G
ICMA Code of Ethics with Guidelines
The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in June 2017. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2017.

The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:

Tenet 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective.

Tenet 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude towardlocal government affairs and a deep sense of social responsibility as a trusted public servant.

GUIDELINE
Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities.

Tenet 3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.

GUIDELINES
Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold the public trust.

Influence. Members should conduct their professional and personal affairs in a manner that demonstrates that they cannot be improperly influenced in the performance of their official duties.

Appointment Commitment. Members who accept an appointment to a position should report to that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time. However, once a member has accepted a formal offer of employment, that commitment is considered binding unless the employer makes fundamental changes in the negotiated terms of employment.

Credentials. A member’s resume for employment or application for ICMA’s Voluntary Credentialing Program shall completely and accurately reflect the member’s education, work experience, and personal history. Omissions and inaccuracies must be avoided.

Professional Respect. Members seeking a position should show professional respect for persons formerly holding the position, successors holding the position, or for others who might be applying for the same

COPYRIGHT © 2017BYTHEINTERNATIONALCITY/COUNTYMANAGEMENTASSOCIATION. ALLRIGHTS RESERVED.
position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity.

Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report possible violations to ICMA. In reporting the possible violation, members may choose to go on record as the complainant or report the matter on a confidential basis.

Confidentiality. Members shall not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics.

Seeking Employment. Members should not seek employment for a position that has an incumbent who has not announced his or her separation or been officially informed by the appointive entity that his or her services are to be terminated. Members should not initiate contact with representatives of the appointive entity. Members contacted by representatives of the appointive entity body regarding prospective interest in the position should decline to have a conversation until the incumbent's separation from employment is publicly known.

Relationships in the Workplace. Members should not engage in an intimate or romantic relationship with any elected official or board appointee, employee they report to, one they appoint and/or supervise, either directly or indirectly, within the organization.

This guideline does not restrict personal friendships, professional mentoring, or social interactions with employees, elected officials and Board appointees.

Tenet 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people.

GUIDELINE
Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination.

Tenet 5. Submit policy proposals to elected officials; provide them withfacts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials.

GUIDELINE
Conflicting Roles. Members who serve multiple roles – working as both city attorney and city manager for the same community, for example – should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited.

Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests withthe members.

COPYRIGHT © 2017BYTHEINTERNATIONALCITY/COUNTYMANAGEMENTASSOCIATION. ALLRIGHTS RESERVED.

Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.

GUIDELINES
Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.

Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive.

Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities.

Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office.

Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond.

Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity.

Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.

Tenet 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques.

GUIDELINES
Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis.

Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA.

Tenet 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.

COPYRIGHT © 2017BYTHEINTERNATIONALCITY/COUNTYMANAGEMENTASSOCIATION. ALLRIGHTS RESERVED.

Tenet 10.Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.

GUIDELINE
Information Sharing. The member should openly share information withthe governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation.

Tenet 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline.

GUIDELINE
Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status.

It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations.

Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.

GUIDELINES
Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part.

The term “Gift” includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.

Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member’s official duties or serve a legitimate public purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.

The guideline is not intended to apply to normal social practices, not associated with the member’s official duties, where gifts are exchanged among friends, associates and relatives.

Investments in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict of interest, in fact or appearance, with their official duties.

In the case of real estate, the use of confidential information and knowledge to further a member’s personal interest is not permitted. Purchases and sales which might be interpreted as speculation for quick profit should be avoided (see the guideline on “Confidential Information”). Because personal investments may appear to influence official actions and decisions, or create the appearance of impropriety, members should disclose or dispose of such investments prior to accepting a position in a local government. Should the conflict of interest arise during employment, the member should make full

COPYRIGHT © 2017BYTHEINTERNATIONALCITY/COUNTYMANAGEMENTASSOCIATION. ALLRIGHTS RESERVED.
disclosure and/or recuse themselves prior to any official action by the governing body that may affect such investments.

This guideline is not intended to prohibit a member from having or acquiring an interest in, or deriving a benefit from any investment when the interest or benefit is due to ownership by the member or the member’s family of a de minimus percentage of a corporation traded on a recognized stock exchange even though the corporation or its subsidiaries may do business with the local government.

Personal Relationships. In any instance where there is a conflict of interest, appearance of a conflict of interest, or personal financial gain of a member by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the organization. For example, if the member has a relative that works for a developer doing business with the local government, that fact should be disclosed.

Confidential Information. Members shall not disclose to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties.

Information that may be in the public domain or accessible by means of an open records request, is not confidential.

Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties.

Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment.

Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve.

Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, whether the member is compensated or not for the member’s support.

Members may, however, provide verbal professional references as part of the due diligence phase of competitive process or in response to a direct inquiry.

Members may agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest.

Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.

APPENDIX
H— Rosenberg’s Rulesof Order

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenbe rg
Appendix H

ii
MISSION and CORE BELIEFS
To expand and protectlocal control for citiesthrough education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected asthe leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Citiesis a member organization thatrepresentsCalifornia’sincorporated cities.

The League strivesto protectthe local authority and automony of city government and helpCalifornia’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League providesitsmemberswith professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in YoloCounty. He hasserved as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division.He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenbergwas member of theYolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the DavisCity Council, including two terms as mayor.He has served on the senior staff of two governors, and worked for 19 years in private law practice.Rosenberg hasserved as a member and chair of numerousstate, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the YoloCounty CriminalJustice Cabinet. For many years, he hastaught classes on parliamentary procedure and hasserved as parliamentarian for large and small bodies.

1 Table of Contents
About the Author.....................................................................................................................ii Introduction..............................................................................................................................2 Establishing a Quorum...........................................................................................................2 The Role of the Chair..............................................................................................................2 The Basic Format for an Agenda Item Discussion..............................................................2 Motions in General.................................................................................................................3 The Three Basic Motions........................................................................................................3 Multiple Motions Before the Body........................................................................................4 To Debate orNot to Debate...................................................................................................4 Majority and Super-Majority Votes......................................................................................5 Counting Votes........................................................................................................................5 The Motion to Reconsider......................................................................................................6 Courtesy and Decorum..........................................................................................................7 Special Notes About Public Input.........................................................................................7

2 Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case.Virtually all clubs, associations, boards, councils and bodies followa setof rules—Robert’s Rulesof Order—whichare embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament,then Robert’sRules of Order isa dandy andquiteuseful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu ofRobert’s Rules because theyhave found thempractical, logical, simple, easy to learn and user friendly.

Thistreatise on modern parliamentary procedure isbuilt on a foundation supported by the following four pillars:

1. Rules should establish order.The first purposeof rulesof parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rulesleadto wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rulesmustbe simple enough that the public is invited into the body and feelsthat it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rulesof procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined asthe minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body haslessthan a quorum ofmembers present, it cannot legally transact business.And even if the body hasa quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occursthe body losesits ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, givesway to a specific rule of the body that establishesa quorum. For example, the rulesof a particular five-member body may indicate that a quorum is four membersfor that particular body. The body must follow the rules it has established for its quorum.In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rulesof conduct ofthe meeting. The chair should be well versed in those rules. For all intentsand purposes, the chairmakesthe finalruling on the rules every time the chairstatesan action.In fact, all decisionsby the chair are final unless overruled by the body itself.

Since the chairruns the conduct of the meeting, it is usual courtesy for the chairto play a less active role in the debate and discussion than othermembers of the body. This does not mean that the chair should not participate in the debateor discussion. To the contrary, as a memberof the body, the chair hasthe fullright to participate in the debate, discussion and decision-making of the body. What the chair should do, however, isstrive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chairis convinced that no othermemberof the body will do so at that point in time.

TheBasicFormatfor anAgenda ItemDiscussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda.In either case, the meeting isgoverned by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

3 First, the chair should clearly announce the agenda item number and should clearly state what the agenda itemsubject is. The chairshould then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chairshould invite the appropriate person orpersons to report on the item, including any recommendation that they might have. The appropriate person or personsmay be the chair, a memberof the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chairshould askmembersof the body if they have any technical questionsof clarification.At thispoint, membersof the body may ask clarifying questions to the person or persons who reported on the item, and that person or personsshould be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting,should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chairmay limit the time of public speakers.At the conclusion of the public comments, the chairshould announce that public input hasconcluded (orthe public hearing, asthe case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chairshould announce the name of the member of the body who secondsthe motion.It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion ismade andseconded, the chairshould make sure everyone understands the motion.

Thisis done in one ofthree ways:

1. The chair can ask the makerof the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chairshould nowinvite discussion of the motion by the body.If there is no desired discussion, or afterthe discussion has ended, the chair should announce that the body will vote on the motion.If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there isno need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.

Ninth, the chairtakesa vote. Simply asking for the “ayes” and then asking for the “nays” normally doesthis.If members of the body do not vote, then they “abstain.” Unlessthe rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body asdelineated laterin these rules) determineswhetherthe motion passes or is defeated.

Tenth, the chairshould announce the result of the vote and what action (if any) the body hastaken.In announcing the result, the chair should indicate the namesof the members of the body, if any,who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motionsare the vehiclesfor decision making by a body.It isusually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiatesthe motion in one ofthree ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “Amotion would be in order that we give a 10-day notice in the future for all ourmeetings.”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, butshould normally do so only if the chairwishes to make a motion on an item but is convinced that no othermemberof the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motionisthe one that putsforward a decision for the body’sconsideration.Abasic motion might be:“I move that we create a five-member committee to plan and put on our annual fundraiser.”

4 The motion to amend. If a memberwantsto change a basicmotion that is before the body, they would move to amend it.A motion to amend might be: “I move that we amendthe motion to have a 10-member committee.”A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a memberwantsto completely doaway with the basic motion that isbefore the body,andput a newmotion before the body, theywould move a substitute motion.Asubstitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeksto retain the basic motion on the floor, but modify it in some way.A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions.It works in the following way: In the discussion on a pending motion, it may appearthat a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say,“I want to suggest a friendly amendment to the motion.” The membersuggests the friendly amendment, and ifthe maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that nowbecomesthe pending motion on the floor.If eitherthe maker orthe person who seconded rejectsthe proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and hasresolved them. This rule haspractical value. More thanthree motionson the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.”The proper procedure would be asfollows:

First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitutemotionfailed, the chairwouldthendeal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focusstrictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chairwould thenmove toconsiderthe main motion(the first motion) asamended.Ifthe motion to amend failed, the chairwould thenmove to considerthe main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motionsis that they are subject to discussion and debate.Accordingly, basic motions, motionsto amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue aslong asmembersof the body wish to discuss an item,subject to the decision ofthe chairthat it is time to move on and take action.

There are exceptionsto the generalrule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motionsare not debatable (that is, when the following motionsare made and seconded, the chair must immediately callfor a vote of the body without debateon the motion):

Motion to adjourn. Thismotion, if passed,requiresthe body to immediately adjourn to its next regularly scheduled meeting.It requires a simple majority vote.

Motion to recess.Thismotion, if passed, requiresthe body to immediately take a recess. Normally, the chair determinesthe length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time toadjourn. Thismotion, if passed,requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

5 Motion to table. This motion, if passed, requires discussion of the agenda itemto be halted and the agenda itemto be placed on “hold.” The motion can contain a specific time in which the item can come back to the body.“Imove we table thisitemuntil our regularmeeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate.The most commonformofthismotionisto say,“I move the previousquestion”or “Imove thequestion” or “Icall the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member callsout one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motionthat ison the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makessuch a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’sget on with the vote.”When such a motion is made, the chairshould ask for a second,stop debate, andvote on the motionto limit debate.The motion to limit debate requiresa two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example:“I move we limit debate on this agenda item to 15 minutes.” Even in thisformat, the motion to limit debate requires a twothirdsvote ofthe body.A similar motion is a motionto object to considerationof anitem.This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determinesa question.Atie vote meansthe motion fails. So in a seven-member body, a vote of 4-3 passes the motion.A vote of 3-3 with one abstention means the motion fails.If one member is absent and the vote is 3-3, the motion still fails.

All motionsrequire a simple majority, but there are a fewexceptions.

The exceptionscome up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate.Whether a membersays,“Imove the
previous question,” or “Imove the question,” or “I call the question,” or “I move to limit debate,” it all amountsto an attempt to cut offthe ability ofthe minority to discuss an item, and it requires a two-thirds vote to pass.

Motion to close nominations. When choosing officersofthe body (such as the chair), nominationsare in order eitherfrom a nominating committee or from the floor of the body. A motion to close nominationseffectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally,such a motion is unnecessary since the objectionable item can be tabled or defeatedstraight up. However,when membersof a body do not even want an item on the agenda to be considered, then such a motion is in order.It is not debatable, and itrequires a two-thirds vote to pass.

Motion to suspend the rules.Thismotion isdebatable, butrequires a two-thirds vote to pass. If the body hasits own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particularpurpose. For example, the body (a private club) might have a rule prohibiting the attendance atmeetingsby non-club members. A motion to suspend the rules would be in orderto allow a non-club memberto attend a meeting ofthe club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated.If a simple majority vote is needed to pass a motion, then one vote more than 50 percent ofthe body is required. For example, in a five-member body, ifthe vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votesare required?The simple rule of thumb is to count the “no”votes and double that count to determine how many “yes” votes are needed to passa particularmotion. For example, in a seven-memberbody, if two membersvote “no” then the “yes” vote of at least four membersis required to achieve a two-thirdsmajority vote to pass the motion.

What about tie votes?In the event of a tie, the motionalwaysfailssince an affirmative vote isrequired to pass any motion. For example, in a five-member body, ifthe vote istwo in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” orin the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count,and if so, how does one count them? The starting point is always to check the statutes.

In California, for example,for an action of a boardofsupervisorsto be valid and binding, the action must be approvedby a majorityofthe board. (California Government Code Section25005.) Typically, this meansthree ofthe five membersofthe board must vote affirmatively in favor ofthe action.Avote of 2-1would not be sufficient.Avote of 3-0with two abstentionswouldbe sufficient.In general lawcitiesin

6 California, asanother example,resolutionsorordersforthe payment of money and all ordinancesrequire a recordedvote ofthe total members ofthe city council. (CaliforniaGovernmentCode Section36936.) Cities with chartersmay prescribe their own vote requirements. Local elected officialsare alwayswell-advised to consult with theirlocal agency counsel on how state lawmay affect the vote count.

After consulting state statutes, step number two isto check the rules of the body.If the rulesof the body say that youcount votesof “those present” then you treat abstentionsone way. However, ifthe rules of the body say that you count the votesof those “present and voting,” then you treat abstentions a different way.And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) isthat you count all votesthat are “present and voting.” Accordingly, underthe “present andvoting” system, you wouldNOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion asif they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion.In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body hasno specific rule on counting votes.Accordingly, thedefault rule kicksin and we count all votesof membersthat are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes.Again, the default rule applies.

If the vote is 3-2, the motion failsfor lack of a two-thirds majority.If the vote is 4-1, the motion passes with a cleartwo-thirds majority.A vote ofthree “yes,” one “no” andone “abstain”also resultsin passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is asif the abstention vote never existed —so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly.Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but nowassume that thebodyDOES have a specific rule requiring a two-thirds vote of members“present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention hasthe same force and effect asif it were a “no” vote.Accordingly, if the voteswere three “yes,” one “no” and one “abstain,” then themotion fails. The abstention in thiscase istreated like a “no” vote andeffective vote of 3-2 is not enough to pass two-thirds majority muster.

Now, exactlyhowdoesa member cast an “abstention”vote?
Any time a member votes“abstain” orsays, “I abstain,” that isan abstention. However, if a member votes“present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”)In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair asan abstention.If written ballotsare cast, a blank or unreadable ballot iscounted asan abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on thisis up to the chair. The better approachis for the chairto count thisasif the memberhad left his/her chair and is actually “absent.”That,of course, affects the quorum.However, the chairmay also treat this asa vote to abstain, particularly ifthe person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure isfinality.After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote istaken, the matterisdeemed closed,subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsiderrequires a majority vote to passlike other garden-variety motions, but there are two specialrules that apply only to the motion to reconsider.

First, isthe matter of timing.A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsidermade at a latertime isuntimely. (The body, however, can alwaysvote to suspend the rules and, by a two-thirdsmajority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain membersof the body.Accordingly, a motion to reconsidermaybe made only by a memberwho voted in the majority on the original motion.If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion).If a memberwho voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality.If a member of minority could make a motion to reconsider, thenthe itemcould be brought back to the body again and again,which would defeat the purpose of finality.

If the motion to reconsiderpasses, then the originalmatterisback before the body, anda neworiginalmotion isin order. Themattermay be discussed and debated asifit were on the floorfor the first time.

7 Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the membersof the public can attend to business efficiently, fairly and with full participation.At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unlessthe setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speakerto be first recognized by the chair before proceeding to speak.

The chairshould always ensure that debate and discussion of an agenda itemfocuses on the item and the policy in question, not the personalitiesof the membersof the body. Debateon policy ishealthy, debate on personalitiesis not. The chair hasthe right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open.In the interest of time, the chairmay, however, limit the time allotted to speakers, including members of the body.

Can a memberof the body interrupt the speaker?The generalrule is “no.” There are, however, exceptions.Aspeakermay be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chairwould then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting.For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The properinterruption would be,“point of order.”Again, the chairwould ask the interrupterto “state your point.”Appropriate points of order relate to anything that would not be considered appropriate conductof the meeting. For example, if the chairmoved on to a vote on a motion that permits debate without allowing that discussion or debate.

Appeal. If the chairmakes a ruling that a member of the body disagrees with, that membermay appeal the ruling ofthe chair.Ifthe motion isseconded, andafter debate,if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day.Thisissimply anotherway of saying, “return to the agenda.”If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chairsimply remindsthe body to return to the agenda item properly before them.If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the makerof the motion on the floor, at any time, may interrupt a speakerto withdraw his or hermotion from the floor. The motion isimmediately deemed withdrawn, although the chairmay ask the person who seconded the motion if he or she wishes to make the motion, and any othermember may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly forthe chair, it iswise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will bedoing.

Rule Two: Keep thepublic informed while the body isdoing it.

Rule Three:When the body hasacted, tell the public what the body did.

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Simple Parliamentary Procedures Cheat Sheet
(Adapted from Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century) Meeting Basics
Motions 101
•Basicmotion on agenda item
•Motion to amend
• Substitute motion
•Motion to adjourn
•Motion to recess
•Motion to fix the time to
adjourn
•Motion to table
•Motion to limit debate
•Motion to close nominations
•Motion to object to the
consideration of a question
•Motion to suspend the rules
Amotion can be made and seconded by any member.
©2011 League of California Cities Allrights reserved
Link to purchase ILG’s Rules of Order
Agenda Item Discussions

1. Announce Agenda Item: Chair clearly states agenda item number and subject.

2. Reports and Recommendations: Relevantspeaker gives reportand provides recommendations.

3. Questions and Answers: Technical questions frommembers areasked and addressed.

4. Public Comment: Chair allows public comment and input under the terms of the Board’s policy for such comment.

5. Motions and Action Items:
a. Motions Introduced: Chair invites motion frombody, and announces name of member introducing motion.
b. Seconds: If motion is seconded, Chair announces name of seconding member.
c. Motions Clarified: Seconded motion is clarified by maker of motion, Chair, or secretary/clerk.
d. Amendments and Substitutions: Other members may propose amended or substitute motions.
e. Discussion and Vote: Members discuss motion. Chair announces that vote will occur.Members vote on the lastmotion on the floor (a substitute motion) first, and if that does not pass, vote on the next-to-last motion, and so on.
f. Ayes and Nays: Chair takes vote by asking for “ayes,” “nays,” or “abstentions.” Unless super majority required,simple majority determines whether motion passes.
g. Results and Actions: Chair announces result of vote and action the body has taken. Names of dissenters should be announced as well. Example: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.”

6. Repeat: Begin process again withnext agenda item.

Prepared by:
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Establish a quorum
Call meeting to order
Move through agenda
Adjourn meeting
Super
Majority
Motions
MeetingMotions
Basic
Motions

APPENDIX
I— T y pical and Routine May oral Functions

APPENDIX I P a g e | 1
Typical and RoutineMayoral Functions
In addition to the Mayor presiding at City Council meetings and acting as the City’s Ceremonial Representative,the following is a list ofother typical and routineMayoral duties and functions:

Agenda Development and Pre-Meeting Responsibilities
Setting the Regular Council Agenda – On Monday or Tuesday of the week prior to a Council meeting, the Mayor, togetherwith a rotating Councilmember,meets with the City Manager and his/her designee to setthe agenda forthe next Councilmeeting. The agenda packet is then produced fordistribution and posting by noon on the Friday of that week.

Setting Study Session Agendas – Following the Council setting a date for a study session, the City Manager’s Office staff prepares an agenda template for the Mayor, City Manager, and staff representative(s) to the study session. The Mayor works with the City Manager and staff representative(s) to set the agenda. The completed agenda must be returned to the City Manager’s Office staff by 3:00 Wednesday the week prior to the meeting, for final preparation, posting and distribution by noon on Friday.

Notice and Call of Special Meetings (24-hour notice) – If t he re is a n ee d for a special meeting, the Mayor m u s t c a l l i t a n d work directly with the City Manager and/or City Attorney to set the agenda. Once the agenda is determined, the City Manager’s staff prepares a Notice and Call of Special Meeting to be signed by the Mayor, posted and distributed a minimum of 24 hours in advance of the meeting.

Special Awards, Proclamations, and Certificates of Appreciation & Recognition – Ceremonial items, as listed in 2.3(B) of the Council Protocol Manual, are prepared by City Manager’s Office staff. Prior to a presentation date, the Mayor will be contacted when the documents are ready to be signed. Attached to the document will be the name of the representative who will be present to receive the recognition.

The Mayor may designate other Councilmembers to read or present these ceremonial items.

SigningDocuments and Post-MeetingResponsibilities
Council-Authorized Letters and Documents – The City Council votes as a body to authorize the Mayor to send a letter or sign a document on behalf of the City or City Council. Directly following the meeting, staff prepares the letters/documents for the Mayor’s signature and places the originals for signature in a designated Mayor’s signature folder.

P a g e | 2
Resolutions/Ordinances – The City Council votes to adopt various City resolutions and to enact ordinances forincorporation into the City’s Municipal Code. Following the Council meeting, the Deputy City Clerk prepares the original documents for the Mayor’s and City Clerk’s signatures. Typically, these documents areavailable forsigningon Friday following the meeting. Ifmore time is required,staff will contact the Mayor to set a date.

Correspondence with Commission and Committee Members – Commission and Committee members serve at the pleasure of the City Council and all correspondence related to interviews, appointments, resignations, or recruitments is signed by the Mayor on behalf of the City Council. Staff will contact the Mayorwhen correspondence is placed in the Mayor’s mailbox for signature.

The Mayor is the Council’sRepresentative to…
At the time a Councilmember is elected Mayor they also assume the role of the Council’s representative to t h e City of Arcata/HSU Liaison meetings. The outgoing Mayor will assist with the transition of duties and responsibilities of the City’s representative and provide the new Mayor with agendas, materials and project status briefings. Council representation on all other outside boards, councils, commissions, or committees will follow the guidelines of Section 2.09 –Service on Outside Boards.

APPENDIX
J— T he Ethical Hazards of City Council Mem bers Attending Other Board Meetings

Appendix J P a g e | 1
Thisarticle appears in the December 2010 issue of Western City Magazine Published by: The League of California Cities
The Ethical Hazards of City Council
Members Attending Other Board
Meetings

BY MICHAEL DEAN
'\
�
Michael Dean is a Sacramento-based principal and the ethics chair at the legal firm of Meyers Nave. Dean serves as city attorney for the City of Dixon and assistant city attorney for the cities of Colusa and Plymouth.

He can be reached at [email protected]. This column is provided as ethics advice and is not intended as legal advice.

Imagine thisscenario: Theplanning commission isconsidering whether to recommend a zoning change to the city council, which would allow more residential use in the downtown area and promote the mixed-use vision in its General Plan. Wouldn't any city council member want to know as much information as possible? Attending the planning commission meeting and listening to the perspectives of the city planner, engineer, architect, commission members and others might seem like a smart move. The council member may even be able to ask questions of the participants orgive hisorher views, thuslearning about theissues and influencing the matter before it comes before the city council. In fact, city council members can often be found in the audience of planning commission meetings, listening to the proceedings and occasionally participating.

However, this may not be such a good idea. As innocent as a council member's motives may be, when he or she personally attends a planning commission meeting or another subordinate committee meeting, he or she may be crossing an ethical boundary. Council members do not violate any laws by attending commission meetings. However, they run the risk of:
• Potentially revealing a biased view, thereby causing their own disqualification should the matter at hand subsequently come before the council;
• Interfering with the role of the commission as an independent advisory body; and

P a g e | 2
• Not acting inaccordance with the viewsof the city council asa whole.

Most city council members know to steer clear of the somewhat hazy legal boundaries that might cause them to be disqualified from the decision-making process due to bias. Many if not most planning commission or other commission decisions are merely advisory to or at least appealable to the city council. Because the right to due process is attached to many of these types of commission decisions, the participants in such proceedings have the right to an unbiased decision-maker at the city council level. A council member who comments at the commission meeting and indicatesa firm position on a particular matter may be subjected to a challenge for bias when the same issue reaches the city council.

Related Ethical Challenges
Beyond the issue of perceived bias, participating in a commission meeting raises other ethical questions. For instance, council members generally have the authority to remove a commission member. With this power, a council member's mere attendance at a meeting can be highly influential, especially when he or she makes his or heropinions known. Merely indicating that one isnot speaking for the entire council, but rather providing one's own opinion, does not address the significant impact of the "boss" offering an opinion. Thisinfluence may also jeopardize a significant role of the commission, which is to provide independent recommendations or decisions to the city council. After all, none of the cities' commissions are required to exist; if the city council wants to have the role of decision-maker, it could take that role. But when a city establishes a commission, the city council has also by implication indicated its desire to have an independent body make decisions or recommendations. The presence of the appointing authority at the commission meetings affects that independence.

Likewise, in a council-manager form of government, the intent and expectation is that a city council will act as a whole, not as individuals. Council members normally receive the same information simultaneously from city staff or from their subordinate commissions or the public's testimony. This allows the council members as a body to draw conclusions in a fair andbalanced way based upon the same factual foundation.

City council members may undermine this expectation when they individually attend meetings of a subordinate commission. To some extent thecouncil member who attends collectsinformation that will not reach other council members in quite the same way. Those council members who attend may also subtly influence either the outcome of the commission's deliberations or how the matter will eventually be presented before the council - in ways not available to the council members who did not attend the commission meeting.

Of course, council members do not completely give up their rights as private citizens, and they are both free to and expected to gather information relevant to the performance of their duties. They are entitled to attend a commission's public meeting. However, to remain firmly upright on the ethical tightrope, council members should wait until the commission makes its recommendation to the city council in its entirety - thus preserving the original intent of both the independent commission and the city council.

Alternatives to Attending in Person
This does not deprive council members of the ability to learn what occurs at a commission meeting. A city council member may listen to most meetings online, on television or by using the city clerk's taped

P a g e | 3
recordings. Information can also be obtained by reading the commission's meeting minutes. A council member's personal presence at or participation in a commission meeting, on the other hand, could reveal a biased view, disrupt the independence of the commission or exert undue influence on the commission, regardless of the council member's intent. It is best avoided.

For More Information
Learn more about biasin the October 2006 "Everyday Ethics" column, "When an Elected Official Feels Passionately About an Issue: Fair Process Requirements in Adjudicative Decision-Making."

87 APPENDIX
K—Dealing with Disruptions at Public Meetings

Dealing With Disruptions at Public Meetings
Legal and Practical Considerations
League ofCalifornia Cities
2015 Mayors and Council Members Executive Forum
Randy Riddle
Renne Sloan Holtzman Sakai LLP

1 Introduction
The Brown Act, as well as court decisions ap plying broader constitutional p rincip les, recognizes the general right of the p ublic to attend and, to some extent p articip ate in, city council meetings. Those meetings frequently involve controversial, divisive and highly charged issues that can result in disrup tions by members of the p ublic and, at times, by members of the legislative body itself. This p aper p rovides an overview of the legal p rincip les that come into p lay when dealing with such disrup tions, and p ractical considerations for resolving disrup tions at p ublic meetings.

The Legal Framework
A local legislative body seeking to address a disrup tion in its meetings must do so consistent with governing law, including the Brown Act, other state statutory provisions, and First Amendment considerations develop ed by federal and state courts. A city council seeking to p revent or deal with disrup tions must do so with these legal considerations in mind, and in close consultation with its city attorney and city manager.

The Brown Act
The p rimary body of law governing the conduct of meetings of city councils and other local legislative bodies in California is the Brown Act.1 This discussion focuses on those p rovisions of the Brown Act that address p articip ation by members in meetings of legislative bodies, and the authority of those bodies to address behavior that disrup ts the ability of the body to conduct the p ublic’s business. For a more comp rehensive guide to the Brown Act, refer to Open & Public IV: A Guide to the Ralph M. Brown Act, p ublished by the League of California Cities.2
The Brown Act seeks to strike a balance between the right of the p ublic to p articip ate in meetings of their legislative bodies with the need for those bodies to conduct the p ublic’s business effectively and p roductively . Of course, the extent to which the Brown Act strikes the p roper balance is a matter for debate.

The Brown Act generally requires the p ublic’s business to be conducted in op en and p ublic meetings, and that the p ublic be p rovided p rior notice of the matters that will be considered at the meeting.3 The

2 Brown Act also recognizes the right of the p ublic to p articip ate in meetings by p roviding comment on items on the agenda, and on matters not on the agenda but within the subject matter jurisdiction of the body .4 Moreover, individuals, as well as members of the news media, may record p ublic meetings.5 The Brown Act sp ecifically provides that a legislative body may not “p rohibit public criticism of the p olicies, p rocedures, p rograms, or services of the agency , or of the acts or omissions of the legislative body .”6 Federal courts, emp loy ing a First Amendment analy sis, have similarly invalidated rules aimed at shielding p ublic emp loy ees and officials from p ublic criticism at meetings.7 The Brown Act authorizes legislative bodies to adop t reasonable regulations on p ublic p articipation.

This authority includes adop ting regulations on p ublic testimony .8 Such regulations must be enforced fairly and without regard to the viewp oint of the sp eaker. Similarly , the body may regulate the recording or broadcast of the meeting up on making a finding that the noise, illumination, or obstruction of view from the recording would constitute a p ersistent disruption of the p roceedings.9 Significantly , the Brown Act also exp ressly authorizes the legislative body to remove from a meeting those p ersons who willfully interrup t the p roceedings.10 If order still cannot be restored, the legislative body may order that the room be cleared. The legislative body must allow members of the news media who have not p articip ated in the disturbance to remain in the meeting room and observe the meeting.

The legislative body may establish a p rocessto permit individuals not resp onsible for the disturbance to reenter the meeting room.11
OtherStatutoryProvisions
Indep endently of the Brown Act, California PenalCode section 403 makes it a misdemeanor to willfully disturb or break up a lawful assembly or meeting unless the p erson has legal authority to do so.

McMahon v.Albany Unified School Dist.12 discusses the application of thisstatute.

The p laintiff dump ed bags of garbage on the floor during a school board meeting. He was arrested for violating section 403, and sued for unlawful arrest.

3 The court concluded that the p laintiff's arrest was p rop er because he initially had been warned not to dump the trash, and the body was unable to p roceed with the meeting because of p laintiff's conduct. As the court exp lained, unless the p laintiff was arrested, “[e]ither the meeting would have been further delay ed at some p oint while McMahon picked up the garbage or other sp eakers would have had to stand near the trash in order to address the board and audience members would have been forced to p eer over a mound of garbage in order to watch a p ublic body p erform its duty .”13 Accordingly , the court concluded, the trash dump ing did not merely “disturb the sensibilities” of the board members. Rather, it actually imp aired the ability of the body to effectively conduct its meeting.

Finally , California Government Code § 36813 – which is not p art of the Brown Act – authorizes a city council to address disrup tions by members of the council. That p rovision statesthat a city council “may p unish a member or other p erson for disorderly behavior at a meeting.” In exercising this authority , the council must act within constitutional constraints. 14
FirstAmendmentPrinciples GoverningLegislative BodyMeetings The ability of a city council to address disrup tions of its meetings within the constraints of the law would be difficult enough if the governing law consisted solely of these state code p rovisions. Courts, however, have concluded that a city council meeting is a limited p ublic forum for p urposes of First Amendment analy sis, adding additional comp lexity to this area.15 As the Ninth Circuit has exp lained, “[c]itizens have an enormous first amendment interest in directing sp eech about p ublic issues to those who govern their city .”16 Accordingly , the p rovisions of the Brown Act and Penal Code section 403 authorizing the legislative body to address disrup tions must be imp lemented consistent with First Amendment p rincip les.

In White v. City of Norwalk, the Ninth Circuit Court up held a city ordinance that authorized the city council to order removed individuals who uttered “p ersonal, imp ertinent, slanderous or p rofane” remarks if the remarks “disrup ted, disturbed, or otherwise imp eded” the conduct of the meetings. The court exp lained that the p residing officer should not rule sp eech out of order “simp ly because he disagrees with it, or because it emp loy s words he does not like.”17 The court exp lained, however, that under the challenged ordinance, “[s]p eakers are subject to restriction only when their sp eech ‘disrupts,

4 disturbs or otherwise imp edes the orderly conduct of the Council meeting.’ So limited, we cannot say that the ordinance on its face is substantially and fatally overbroad.” (Id.) More sp ecifically , the court exp lained:

A sp eaker may disrupt a Council meeting by speaking too long, by being unduly rep etitious, or by extended discussion of irrelevancies. The meeting is disrup ted because the Council is p revented from accomp lishing its business in a reasonably efficient manner. Indeed, such conduct may interfere with the rights of other sp eakers.

Of course the p oint at which sp eech becomes unduly rep etitious or largely irrelevant is not mathematically determinable. The role of a moderator involves a great deal of discretion. Undoubtedly , abuses can occur, as when a moderator rules sp eech out of order simp ly because he disagrees with it, or because it emp loy s words he does not like.

But no such abuses are written into Norwalk’s ordinance, as the City and we interp ret it.

Sp eakers are subject to restriction only when their sp eech ‘disrupts, disturbs or otherwise imp edes the orderly conduct of the Council meeting.’ So limited, we cannot say that the ordinance on its face is substantially and fatally overbroad.18 In Norse v. City of Santa Cruz,
19 the Ninth Circuit exp lained that city councils may “regulate not only the time, p lace, and manner of sp eech in a limited p ublic forum, but also the content of sp eech – as long as content-based regulations are viewp oint neutral and enforced that way .” Indeed, the city council may “close an op en meeting by declaring that the p ublic has no First Amendment right whatsoever once the p ublic comment p eriod has closed.”20
The Norse court emp hasized, however, that city councils may not “extinguish all First Amendment rights” at a p ublic meeting.21 For examp le, a member of the p ublic may not be ordered removed from the meeting merely for making an inflammatory gesture, such as a “Nazi salute,” unless this conduct was itself actually disrup tive.22 The court in Norse emp hasized that city councils are not free to define “disrup tion” in whatever manner they choose. Rather, the court emp hasized that “[a]ctual disrup tion means actual disrup tion. It does not mean constructive disrup tion, technical disrup tion, virtual disrup tion, nunc pro tunc23 disrup tion, or imaginary disrup tion.”

5 The Ninth Circuit recently emp hasized the requirement that both the city rules of order regulating conduct at p ublic meetings – and the actual ap plication of those rules – be limited to conduct that is actually disrup tive, at least to the extent that the p erson is to be removed from the meeting for the conduct.24 Because the challenged ordinance regulating “insolent” conduct during a meeting could not be narrowly construed to ap ply only when the “insolent” conduct actually disrup ted the meeting, the court invalidated that p rovision of the ordinance.25
In ap plying rules p rohibiting disrup tions of meetings, the requirement of viewp oint neutrality is critically imp ortant. Courts have invalidated orders that individuals be removed from meetings where the courts concluded that the actions were based on the viewp oints of the sp eakers, orspeech offended the sensibilities of the p ublic officials.26
California courts have also ap plied First Amendment p rincip les to limit the circumstances in which a body may order a member of the p ublic removed from a meeting for behavior the body deems to be disrup tive. In re Kay27 involved the scop e of Penal Code section 403. The court recognized that the orderly conduct of p ublic meetings p rotectsthe right to free sp eech because “[f]reedom of every one to talk at once can destroy the right of any one effectively to talk at all.”28 The court concluded, however, that PenalCode §403 does not “grant to the p olice a ‘roving commission’ to enforce Robert’s Rules of Order.” (Id.)
Accordingly , the court concluded that section 403 must be limited to those situations where a member of the p ublic substantially imp airs the conduct of the meeting by intentionally committing acts in violation of imp licit customs or usages or of exp licit rules for governance of the meeting, of which he knew, or as a reasonable man should have known.”29 The court exp ressly cautioned that, “[i]f any audience p articip ation is p ermitted the rules regulating who may sp eak cannot be used to silence a p articip ant merely because his views hap pen to be unp opular with the audience or with the government sp onsors of the meeting.”30
Again, a common theme among all of these cases is that city councils, in seeking to address disrup tions, must do so in a consistent, viewp oint neutral manner.

6 General ConsiderationsforAddressingDisruptive Conduct With these legal p rincip les in mind, and before discussing sp ecific disrup tive situations, we will p rovide some general thoughts on step s that can be taken to p revent or reduce the degree of disrup tion at p ublic meetings, based on our exp erience.

1. Adopt Rules of Order That Clarify the Types of Behavior DeemedDisruptive. Having sp ecific rules that identify the ty pes of conduct deemed disrup tive, rather than having this issue addressed through ad hoc rulings, is a critical first step. In adop ting y our rules – with the advice of y our city attorney – look to rules that have been up held by courts, such as those challenged in White v. City of Norwalk. Consistent with Norwalk and Norse, those rules should make clear that they prohibit only behavior that actually disrup ts the meeting, and that they will ap plied in a viewp oint neutral manner.

2. If a Highly Charged Issue Is on the Agenda, Encourage the Presiding Officer to Explain These Rules to the Public, and How They Will Be Applied. We think that this p ractice serves multip le p urposes. First, it reminds the p residing officer and other council members of how disrup tions must be handled, and that the rules must be ap plied in an even-handed manner. Second, it lets the audience know at the outset that the city council has adop ted rules p rohibiting disrup tions, and what the consequences will be if someone chooses to engage in conduct that actually disrup tsthe meeting. Third, should someone be removed from the meeting, and later challenge the removal in court, it will assist in the defense of the action.

3. Meet With Your City Attorney, City Manager, and If Appropriate, a Police Department Representative, Before the Meeting to Ensure That Everyone Is on the S ame Page About How Disruptions Will Be Handled. In many cities, a p olice officer serves as the sergeant-at-arms resp onsible for carry ing out the directives of the p residing officer, or city council. In addition, to the extent that a member of the audience engages in conduct that violates PenalCode section 403, p olice officers may be involved in arresting an individual for violating that section.

We have found that it is very help ful to meet with the city attorney, city manager and p olice chief or designee, to ensure that every one has the same understanding and exp ectations about the circumstances

7 and p rocess that would lead to a member of the audience being removed, and p erhap s cited for violating Penal Code section 403. For examp le, every one should be on the same p age about the need for the challenged conduct to be actually disrup tive, that actions to address such conduct be done evenhandedly without reference to the viewp oint of the member of the p ublic, and the interaction between the p residing officer and p olice officer or other sergeant-at-arms.

4. Provide at Least One Warning Before Ordering a Disruptive Individual from the Meeting Room. Given the rights of the p ublic under the Brown Act and First Amendment, it is our view that excep t in the most extreme cases, the p residing officer should, if at all p ossible, clearly warn the individual that his or her conduct is actually disrup ting the meeting, and request that it cease, before taking action to have the individual removed from the meeting room.

5. Organize the Agenda in the Manner Most Likely to Ensure That The Critical Business of the Council Can Be Completed Even If Disruptions Are Anticipated With Respect to a Particular Agenda Item. This is a p ractical, rather than legal consideration, and must be assessed on a case-by - case basis. If there are imp ortant, but not controversial, matters on the same agenda as a highly charged item, it may be best to have the council address those matters early in the meeting, before tensions rise, nerves fray , and the decision-making p rocess becomes imp aired.

6. Remain Calm and Focused, and Provide an Example Through Your Own Demeanor. Again, this is a p ractical consideration, but an imp ortant one. It has been our exp erience that the p ublic feeds off of rancor and discord among members of the council. There are certainly limits as to what city council can do when temp ers flare, but addressing the situation in a calm and assured manner may help the situation.

Dealing With Specific Types of Disruptive Conduct by Member of the Public We cannot, of course, address every type of disrup tion that might occur during a p ublic meeting. We will discuss types of disruption that we have seen arise with some frequency , offer some suggestions for addressing them, and hop efully spark further suggestions at the conference discussion of this top ic.

1. A S peaker Refusesto Leave the Microphone After His or Her S peaking Time Has Expired. In our exp erience, this is one of the most common types of “disrup tions” that can occur during a council

8 meeting. The Ninth Circuit has identified this type of conduct as one that can result in an actual disrup tion, and one that is within the discretion of the p residing officer to address.31 Nonetheless, this is the quintessential examp le of a situation where at least one warning should be issued before any effort is made to remove the sp eaker for disrup ting the meeting. We have found that it can be effective to p rovide to the city clerk – who is likely to viewed as more imp artial than an elected p residing officer – the ability to turn off the microp hone (if one is used) once the p erson has been warned that his or her sp eaking time has exp ired.

This is a situation where enforcing the rule in an even-handed manner is extremely imp ortant. If the audience senses that the p residing officer is not enforcing the time limits against sp eakers on one side of an issue, the ability to enforce the time limits can be undermined, and it can lead to unruly behavior by others in the audience.

2. S peakersInsist on Addressing Matters Clearly Not Relevant to the Agenda Item. This type of “disturbance” can be a difficult one to p roperly assess and p olice. It can arise in different way s.

First, a sp eaker may use his time to comment on something that is indisp utably irrelevant to the sp ecific agenda item. For examp le, in connection with an item to declare June as City Attorney Month, a sp eaker uses his time to talk about the need to fix p otholes on Main Street.

Second, a sp eaker may seek to sp eak during general p ublic comment about a sp ecific item on that agenda but that the council has not y et reached, and that will have its own time set aside for p ublic comment.

Third, a sp eaker may attempt to discuss a subject that is not on the agenda, nor within the subject matter jurisdiction of the city council, such as using his time to advertise for sale his used Subaru.

Again, the ap p roach to be used dep ends on the extent of the p roblem caused by this p ractice. If there are thirty items on the agenda, and it becomes ap parent that the individual is committed to sp eaking about the same clearly irrelevant subject on each of those items, then after clear warnings to the individual, ordering him or her removed may be ap propriate. In more isolated cases, we believe that the more

9 p racticalsolution is encourage the p erson to address the agenda item, and leave it at that. Ap art from the fact that it is unlikely that a single isolated instance will rise to the level of an actual disrup tion, is likely to take more time to remedy the p roblem than it would be hear the p erson out.

3. Verbal Disruptionsfrom the Audience
A council’s consideration of a p articularly controversial matter can lead to heated emotions on both sides of the issue. At times these emotions can manifest themselves in the form of outbursts from the audience, either while individuals are p roviding p ublic comment, or during the council’s deliberation of the issue.

Addressing this sp ecies of disrup tion dep ends on how widesp read, noisy and continuous the outbursts become. If individual members of the audience causing the actual disturbance can be identified – and if warnings are not effective in quieting the outbursts – those sp ecific individuals may be removed.

If, on the other hand, the outbursts come from a significant p ortion of the audience, removing individuals is unlikely to be effective, and may even exacerbate the p roblem with the remaining audience members. Instead, following warnings, the more p ractical and effective p ractice would be to call a brief recess. In addition to giving the crowd an op portunity to cool off, it also p rovides an op portunity to confer with the p residing officer, city manager and p olice rep resentative about next step s in the event the nature of the outbursts constitute an actual disturbance of the meeting.

And that brings us to the “nuclear” op tion: ordering that the room be cleared. We have never seen that op tion exercised, and there are comp elling reasons – legal, p olitical and p ractical – for choosing not to resort to an op tion that could result in p hotos in the next day ’s newspaper of p olice officers ushering folks out of a p ublic meeting. We believe that almost any alternative is p referable – including threatening the use of the op tion, or continuing the matter to later in the meeting or to some future meeting.

If the op tion is to be exercised, strict adherence to the statutory requirement – including allowing the p ress back in and determining whether others should be allowed in – should be strictly followed. You may also wish to consider allowing individuals back in one at a time to p rovide p ublic comments, and

10 broadcasting the audio of the meeting to an area where those who have been removed can listen, assuming the availability of the necessary technology .

When It Is A Council Member Who Is Being Difficult
Council meetings are difficult enough for a city council to regulate when it is members of the p ublic that engage in belligerent and disrup tive behavior. The issues in dealing with disrup tive behavior are comp ounded when it is a member of the city council itself who is behaving badly or disrup ting the meeting by refusing to comp ly with the may or’s request for order, comp ly ing with the rules of order, or making ad hominem p ersonal attacks or accusations involving other council members or staff.

In addition to the First Amendment rights that all citizens sp eaking at p ublic meetings have, as discussed above, elected officials have the additional First Amendment p rotection arising from holding p ublic office. In Carter v. Commission on Qualifications of Judicial Appointments, 32 the court stated that “the
right to hold p ublic office, either by election or ap pointment, is one of the valuable rights of citizenship .” Restrictions on the First Amendment rights of elected and ap pointed officials is likely subject to more stringent review that those of non-elected citizens.33
In the case involving the refusal of the Georgia House of Rep resentatives to seat Julian Bond because of his statements on the Vietnam draft, the US Sup reme Court stated that “the manifest function of the First Amendment in a rep resentative government requires that legislators be given the widest latitude to exp ress their views on issues of p olicy .”34 In Miller v. Town of Hull, 35 the Court of Ap peals affirmed a
42 U.S.C section 1983 jury verdict, including p unitive damages, against a town council that attemp ted to remove members of an ap pointed city redevelop ment authority based on the authority ’s exercise of First Amendment rights in supporting a subsidized housing p roject that the town council op posed.

It follows that great caution must be exercised in determining that a council member or board member is disrup tive and subject to removal from a p ublic meeting. Absent clear behavior that is threatening to p ublic safety or involves p hysical conduct that disrup ts a meeting, a court is likely to find issues of fact p recluding summary judgment and requiring an evidentiary showing of the constitutional basis for the exclusion.

In Vacca v. Barletta,
36 acting chair Barletta told Vacca, a member of the school board, that he would not continue with a “screaming debate” where Vacca was “aggressively challenging” the school

11 sup erintendent. Barletta called a recess, and shortly after the meeting resumed three p olice officers p hysically dragged the p rotesting Mr. Vacca from his seat, handcuffed him, and took him to the p olice station for the duration of the meeting. Good drama, but bad decision, as the summary judgment for Barletta was reversed by the USCourt of Appeals based on disp uted facts on whether Vacca’s removal was content-neutral for disrup tion or for constitutionally p rotected speech. It should be noted that the case does not say that Barletta acted on the advice of the board’s counsel, who p erhaps was not present and didn’t have the chance to counsel his client.

1. Practical Pointers
a. Be extremely cautious in considering the removal of a council member at a p ublic meeting, as absent comp elling evidence on a tap e of the meeting it will be setting the council member up to claim he/she is being targeted for First Amendment exp ression, is likely to aggravate rather than calm the situation in the long term, and may result in a lawsuit against the agency and may or claiming violation of federal constitutional rights. b. If a meeting becomes unruly or difficult, a recess is often a good way to p rovide a short resp ite from the arguing and accusations and to p rovide the op portunity for council members to cool down and hop efully return as adults to the p odium. c. When a councilmember continues to return to p oints already made and wants to sp eak multip le times and at length on the same issues, the p arliamentary procedure motion to “end debate and call the question” is an effective method to move the item along.

Conclusion
The key to addressing disrup tions at city council meetings is to act transp arently, consistently and without regard to the viewp oint of the sp eaker. Adop ting sp ecific rules governing this area, and discussing their op eration with the city attorney and city manager when a p otentially charged issue is coming before the Council, help s to accomp lish that goal.

12 1 Government Code section 54950 etseq.
2 This excellent publication is available athttp://www.cacities.org/UploadedFiles/LeagueInternet/86/86f75625‐ b7df‐4fc8‐ab60‐de577631ef1e.pdf. The Attorney General’s 2003 guide to the Brown Act, although now somewhat out of date, is another valuable source of information about this statutory scheme. http://caag.state.ca.us/publications/2003_Main_BrownAct.pdf 3 Government Code §§54953 and 54954
4 Government Code § 54954.3. The right of members of the public to address matters not on the agenda but within the jurisdiction of the legislative body does not extend to special meetings unlessthe body itself grantsthat right through its rules of order.
5 Government Code §54953.5
6 Government Code § 54954.3
7 Baca v. Moreno Valley Unified School Dist., 936 F. Supp. 719 (C.D. Cal. 1996); Leventhal v. Vista Unified School Dist., 973 F. Supp. 951 (S.D. Cal. 1997).
8 Government Code §54953.3
9 Government Code §54953.5and 54953.6
10 Government Code§54957.9
11 Id.
12 104 Cal.App 4th 1275 (2002)
13 Id. at 1289.
14 See Nevensv. City of Chino (1965)233 Cal.App.2d 775, 778(in invalidating prohibition on tape recording city council meetings, court explained that rules adopted under section 36813 cannot be “too arbitrary and capricious, too restrictive and unreasonable.”)
15 White v. City ofNorwalk (9th Cir. 1990)900 F.2d1421, 1425. 16 Id.
17 Id.
18 Id.; see Steinburg v. Chesterfield County Planning Comm’n (4thCir. 2008) 527 F.3d 377, 384-385) (rejecting First Amendment challenge to removal of individual for failing to address matters relevant to the subject of the meeting); Rowe v. City of Cocoa (11th Cir. 2004) 358 F.3d 800, 803 (“As a limited public forum, a city council meeting is not open for endless public commentary speech but instead is simply a limited platform to discuss the topic at hand”); Eichenlaub v. Township of Indiana (3rdCir. 2004) 385 F.3d 274, 281 (body may remove a “repetitive and truculent” speaker in order to prevent ‘badgering’ and ‘constant interruptions.”); (Galena v. Leone 199 (3rd Cit. 2011) 638 F.3d 186 (member of the public who continues to interrupt meeting by making “objections” may be removed from meeting); (Jones v. Heyman (11th Cir. 1989) 888 F.2d 1328, 1329 (presiding officer may require that speakers adhere to the agenda); Scroggins v. City of Topeka, Kansas, 2 F. Supp. 2d 1362 (upholding a viewpoint neutral city council rule prohibiting personal attacks); but see Richard v. City of Pasadena (C.D. Cal. 1995) 889 F.Supp. 384 (invalidating rule requiring members of the city council “[t]o perform responsibilities in a manner that is efficient, courteous, responsive and impartial” on the ground that it was unconstitutionally vague and did not require that the regulated conduct be disruptive); see generally But It’s My Turn to Speak! When Can Unruly Speakers at Public Hearings Be Forced to Leave or Be Quiet, 41 Urb.Law 579 (2009).
19 629 F.3d 966, 975 (9th Cir. 2010)
20 Id.
21 Id. at 975‐976.
22 Id. at 976; Leonard v. Robinson (6th Cir. 2007)477 F.3d 347, 352(single utterance ofobscenity didnot constitute disruption sufficient to justify individual’s removal from meeting). 23 I.e., “disruption” thatis determined retroactively.

13 24 Acosta v. City of Costa Mesa (9th Cir. 2012)694 F.3d 960,971‐972. 25 Id. The court, however,severed that provision fromthe ordinanceto save itfromcomplete invalidation. 694 F.3d at 977‐978.
26 Norse, supra, 629 F.3d at 976; Monteiro v. City of Elizabeth, 436 F.3d 397 (3rd Cir. 2006); Musso v. Hourigan, 836 F.2d 736, 739 (2d Cir. 1988);see Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266, 270-71 (“[L]imitations on speech at meetings must be reasonable and viewpoint neutral...... ”) 27 1 Cal.3d 930 (1970)
28 Id. at 941.
29 (Id. at 943)
30 (Id. at 943,fn.10.)
31 White v. City ofNorwalk,supra, 900F.2d at 1425.
32 14 Cal. 2d 179 (1939).
33 Huntley v. Public Util.Com. (1968)69 Cal.2d 67.
34 Bond v. Floyd,(1966)385 U.S.116.
35 878 F. 2d 523 (1989).
36 933 F. 2d 31

City of Arcata 736 F Street Arcata, CA 95521 (707) 822‐5953 © 2024

RESOLUTION NO. 245-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCATA,

ESTABLISHING FORMAT AND PROCEDURES FOR

THE CITY COUNCIL MEETING AGENDA
WHEREAS, pursuant to Government Code Section 54954, the City Council has the authority to establish the Council meeting agenda format and procedures; and WHEREAS, it is in the best interest of the City to depict the Council agenda format and procedures in a resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arcata that:
1) This resolution supersedes Resolution No. 223-07 and incorporates the Arcata Community Development Agency's Resolution No. 09-10.
2) City Council meetings shall begin at 6:00 p.m. on the first and third Wednesdays of each month;
3) This resolution incorporates amendments made to Chapter Eight––City Council Meetings, Section 8.9––Order of Business, of the City Officials’ Protocol Manual 2024, as approved by majority vote;
4) The City Council makes every attempt to end meetings by 10:30 p.m. If there are new business items started after 10:30 p.m. the Mayor will check in with the Council to confirm there is interest to take up the new item(s) while considering if members of the public are still waiting to comment or if they have lost members of the public from the meeting planning on making public comment on the item(s);
5) When possible, agendas for the Successor Agency to the Community Development Agency shall be incorporated as a separate item within the City Council regular meeting agenda; and 6) The City Council agenda format and procedures are generally established as follows:

REGULAR MEETING

1. LAND ACKNOWLEDGMENT

2. FLAG SALUTE

3. ROLL CALL

4. CEREMONIAL MATTERS

5. REPORT BY COMMISSION/COMMITTEE

6. STAFF REPORTS
All reports shall be specifically limited to items relating to City business. and shall not request or lead to action by the Council at this meeting.

7. EARLY ORAL COMMUNICATIONS

The City Council values your comments. The public comment period allows people to address the Council on matters not on the agenda. This early section of public comment is limited to 15-minutes and speakers are limited to 2 minutes each. This item is continued through to item 12 where speakers are allotted 2 minutes at the end of the meaning. Please know that pursuant to the Brown Act, the Council cannot discuss or take action on items not listed on the agenda. The Council may respond to statements.

There will also be a time to provide public comment specific to each item when that item is being reviewed by the Council.

8. MEETING OF THE SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT AGENCY
At this time the City Council adjourns and convenes as the Board of Directors of the Successor Agency to the Arcata Community Development Agency for the purpose of hearing redevelopment matters which relate specifically to the Successor Agency to the Community Development Agency of the City of Arcata. (Reference Resolution No. 09-

10.)
A. AGENCY CONSENT CALENDAR
All matters on the Consent Calendar are considered to be routine by the Agency and are enacted in one motion. There is no separate discussion of any of these items. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Agency Board members or members of the public can request that an item be removed for separate discussion.

B. ITEMS REMOVED FROM AGENCY CONSENT CALENDAR
C. OLD BUSINESS
D. NEW BUSINESS
E. CLOSED SESSION/CLOSED SESSION REPORTS
F. ADJOURNMENT.

The Successor Agency to the Arcata Community Development Agency Board of Directors adjourns and reconvenes as the Arcata City Council.

9. CONSENT CALENDAR
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted in one motion. There is no separate discussion of any of these items. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Council members can request that an item be removed for separate discussion. Members of the public may comment on any items remaining on the consent calendar in the comment period before the vote.

10. OLD BUSINESS

11. NEW BUSINESS

12. ORAL & WRITTEN COMMUNICATIONS
The City Council values your comments. The public comment period allows people to address the Council on matters not on the agenda. Speakers will be limited to 2 minutes each. Please know that pursuant to the Brown Act, the Council cannot discuss or take action on items not listed on the agenda. The Council may respond to statements.

13. COUNCIL REPORTS
All reports shall be specifically limited to items relating to City business. and shall not request or lead to action by the Council at this meeting.

14. DATES OF FUTURE MEETINGS

15. CLOSED SESSION

16. CLOSED SESSION REPORTS

17. ADJOURNMENT
Other than items continued or tabled to a date certain, the Council may, by majority vote, continue all matters not completed by 10:30 p.m. (Reference: Resolution No. 245- 34)
This resolution shall be effective upon its adoption.

Dated:_____________
ATTEST: APPROVED:
_______________________________________ _______________________________________ City Clerk, City of Arcata Mayor, City of Arcata
CLERK’S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Resolution No.____, passed and adopted at regular meeting of the City Council of the City of Arcata, Humboldt County, State of California, held on the __ day of ________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
_______________________________________
City Clerk, City of Arcata

STAFF REPORT – CITY COUNCIL MEETING
TO: Honorable Mayor and City Council Members
FROM: David Loya, Director of Community Development
PREPARER: Joe Mateer, Senior Planner
DATE: February 19, 2025
TITLE: Introduce Ordinance No. 1575, An Ordinance of The City Council of The City Of Arcata Amending The Land Use Code To Update Affordable Housing Zoning, Waive Reading of the Text And Consent to Read by Title Only.

RECOMMENDATION:

It is recommended that the Council:
1) Open the public hearing;
2) Receive a staff report and public comments;
3) Introduce Ordinance No. 1575, An Ordinance of the City Council of the City of Arcata Amending the Land Use Code to Update Affordable Housing Zoning; Waive reading of the text and consent to read by title only; and
4) Continue the item for consideration of adoption at the March 5, 2025, City Council meeting.

INTRODUCTION:

Under the direction of the City Council, staff prepared draft Land Use Code text amendments to update State Density Bonus Law and add Inclusionary Zoning requirements to assist in the creation of affordable housing. The City Council directed staff to develop an Inclusionary Zoning ordinance to ensure market rate housing projects were contributing to the City’s affordable housing solutions.

Land Use Code Chapter 9.32 – Inclusionary Housing, includes all new text as this chapter was repealed in 2014. In addition, minor text amendments are included to align the Land Use Code condominium and definitions sections with the affordable housing amendments.

DISCUSSION:

Density Bonus
As required by state law, the City adopted the current Density Bonus zoning requirements in 2008.

State Density Bonus law requires the City to grant increases in the number of dwelling units allowed on a property and other incentives when the developer voluntarily agrees to provide dwelling units to lower income persons. The proposed density bonus amendments will align with current State law that has changed since 2008. The amendments makes more reference to State law that may continue to evolve of time.

Inclusionary Zoning
Inclusionary Zoning is authorized by State Housing Element law, however it is not mandated as in the case of the State Density Bonus law. Inclusionary Zoning amendments allow the City to require a percentage of new housing units to be developed and rented or sold to low-income or moderateincome households.

The City’s Redevelopment Agency subsidized most Inclusionary Zoning housing built prior to 2012, the year the State dissolved Redevelopment Agencies. Without the subsidy, several projects with inclusionary units were stalled because it was not financially viable to build the projects. In 2014, the Council repealed the inclusionary zoning requirements based in part from the lack of redevelopment funding sources.

The financial feasibility of inclusionary units may be different in today’s market. The prior ordinance triggered inclusionary zoning when five units were proposed. The Planning Commission recommends that inclusionary units be required for projects that have 30 or more units. The larger scale projects will be able to absorb project costs and change the financial feasibility of producing the required affordable units.

The Planning Commission recommends the percentage of units by household income to be 3% for very-low-income households or 6% for low-income households. In addition, 10% of the units must be reserved for moderate income households.

As with the State Density Bonus law, concessions and incentives are included to offset the cost of developing rent or sale of restricted units.

POLICY IMPLICATIONS:

Text amendments to Land Use Code Chapter 9.31- Density Bonus reflect updating State law on housing. Chapter 9.32, is a new set of zoning regulations that offer slightly better increases in housing density than required by State Density Bonus law. Together, the text amendments offer qualifying projects options for providing affordable housing by allowing increases in housing density. The addition of Inclusionary Zoning requirements may be viewed as a method to deter gentrification during rapid redevelopment.

COMMITTEE/COMMISSION REVIEW:

On January 28, 2025, and on a 5-2 vote, the Planning Commission adopted Resolution No. PC-25-01 recommending the City Council adopt the proposed City Council Ordinance No. 1575 to update and add additional zoning standards to encourage the creation of affordable housing.

ENVIRONMENTAL REVIEW (CEQA):

Staff recommends the City Council find the proposed Ordinance No. 1575 is exempt from the provisions of the California Environmental Quality Act Guidelines pursuant to section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and similar housing incentives that will not result in a direct or indirect impact on the physical environment.

BUDGET/FISCAL IMPACT:

Density Bonus is a State law that is an unfunded mandate that requires monitoring of eligible affordable housing units. Qualifying household’s income and the rents paid are monitored annually to ensure compliance with current standards. The Inclusionary Zoning chapter is a City initiated

program that will also require monitoring of incomes and rents. The annual monitoring costs could be completed by City staff and or a third-party private contractor. The costs associated with monitoring the Density Bonus and Inclusionary Housing depend on the number of qualifying development projects and dwelling units created by these zoning standards. The City would apply for funding to assist with the required monitoring of qualifying affordable housing.

ATTACHMENTS:

A. Ordinance No. 1575

ORDINANCE NO. 1575

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE LAND

USE CODE TO UPDATE AFFORDABLE HOUSING ZONING
WHEREAS, the City of Arcata’s General Plan adopted July 17, 2024, balances social justice, racial equity, community growth, development, resource protection, public services, circulation and mobility, housing access and affordability, economic development and job growth, capital infrastructure investment, climate adaptation, and quality of life in the City; and
WHEREAS, the City of Arcata’s 2019 - 2027 Housing Element adopted December 18, 2019, and subsequently found in compliance with housing element law on January 28, 2020, by the California Department of Housing and Community Development, provides that the City will provide incentives for affordable and infill housing (policies HE-13 and HE18), prioritize low-income households (policy HE-20), encourage density bonuses to incorporate affordable housing (policy HE-22), and evaluate inclusionary zoning (implementation measure 20); and
WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, require the City of Arcata to provide a developer a density bonus and other incentives when they propose a housing development with affordable and other types of housing; and
WHEREAS, California Government Code Section 65915(a) requires that all jurisdictions within the state adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the City of Arcata’s Land Use Code, the State Legislature has passed, and the Governor has signed numerous changes to State Density Bonus Law and other housing laws; and
WHEREAS, the City of Arcata Planning Commission has reviewed the proposed amendments to the Land Use Code and recommends the City of Arcata City Council find and adopt the proposed amendments as being consistent with goals and policies of the City of Arcata’s General Plan 2045 and Housing Element; and WHEREAS, the City of Arcata Planning Commission recommends the City of Arcata City Council finds the proposed amendments to the Land Use Code be adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare; and WHEREAS, the Planning Commission has held at least one duly noticed public hearing; considered deliberations, public comment; and has considered the whole of the public discourse and the record prior to making this recommendation; and

WHEREAS, Planning Commission Resolution No. PC-25-01 adopted on January 28, 2025, contains the Planning Commission’s recommendation for adoption of the Land Use Code text amendments to incentivize affordable housing;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCATA DOES ORDAIN AS FOLLOWS:

Section 1. Factual Findings. The City Council of the City of Arcata hereby makes the following findings:

1. The City Council committed to affordable housing in its General Plan 2045 and state certified 2019 Housing Element; and

2. State Density Bonus Law and inclusionary zoning will provide options for the production and longevity for affordable housing;
Section 2. Zoning Text Amendments, Title IX, Planning and Zoning, Chapter 1, Planning and Zoning Standards, Section 9000, Land Use Code, Chapters 9.31, 9.84, and

9.100, as shown in Attachment A using bold, double-underline for text additions and bold. strikeout for text deletions. Subsections that remain unchanged are not shown and are indicated by three consecutive asterisks (* * *).

Section 3. Zoning Text Amendments, Title IX, Planning and Zoning, Chapter 1, Planning and Zoning Standards, Section 9000, Land Use Code, Chapter 9.32, as shown in Attachment B are all new text.

Section 4. Findings of Approval. Based upon the whole record, information received in public hearings, and the Arcata Planning Commission Resolution No. PC-25- 01, dated January 28, 2025, the following findings of approval are hereby adopted pursuant to Land Use Code Section 9.92.050.B, Zoning Map and Land Use Code Amendment Findings, and California Government Code, Section 65860:

1. The proposed amendments are consistent with the General Plan.

The proposed Land Use Code text amendments update state density bonus law and adds inclusionary zoning requirements. The City of Arcata’s 2019 - 2027 Housing Element adopted December 18, 2019, and subsequently found in compliance with housing element law on January 28, 2020, by the California Department of Housing and Community Development, provides that the City will provide incentives for affordable and infill housing (policies HE-13 and HE18), prioritize low-income households (policy HE-20), encourage density bonuses to incorporate affordable housing (policy HE-22), and evaluate inclusionary zoning (implementation measure 20). These density bonus and affordable housing requirements text amendments promote, encourage and

facilitate affordable housing consistent with Housing Element 2019 – 2027 and General Plan 2045 goals and policies.

2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

The proposed density bonus text amendments are required by California Government Code section 65915 et seq. The State Law mandates the City approve density bonuses and other incentives unless there are specific and identifiable public safety findings. The City of Arcata City Council finds the proposed density bonus and inclusionary zoning are important zoning standards to ensure affordable housing opportunities for all community members, regardless of socioeconomic factors. The text amendments support our community’s public interest for development of additional housing, and specifically affordable housing for seniors, educators, essential service providers, students, etc. are supported by City policy outlined in the General Plan 2045. Review and approval of affordable housing incentives ensure public health and safety conditions are met. Based on the above, the City of Arcata City Council finds the proposed Land Use Code amendments will not be detrimental to the public interest, health, safety, convenience or welfare of the City.

Section 5. California Environmental Quality Act Determination:

1. The City Council certified the Environmental Impact Report (SCH# 2022020107) and adopted a Statement of Overriding Considerations pursuant to California Environmental Quality Act Guidelines Sections 15090- 15093 on July 17, 2024, by Resolution No. 234-47 for General Plan 2045.

2. On December 18, 2019, the City Council adopted an addendum to the California Environmental Quality Act Negative Declaration (ND) (SCH#2014032042) prepared for the 2014-2019 Housing Element for the Adoption of the City of Arcata Housing Element 6th Cycle 2019-2027 Update, and the Notice of Exemption based on the common sense exemption, section 15061(b)(3).

3. The City Council finds this Ordinance is exempt from the provisions of the California Environmental Quality Act Guidelines pursuant to section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and similar housing incentives that will not result in a direct or indirect impact on the physical environment.

Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Section 7. Limitation of Actions. Any action to challenge the validity or legality of any provision of this ordinance on any grounds shall be brought by court action commenced within thirty (30) days of the date of adoption of this ordinance.

Section 8. Effective Date. This ordinance shall become effective thirty (30) days from and after its final passage, provided it is published pursuant to Government Code section 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.

DATED: , 2025
ATTEST: APPROVED:

Rhea Varley Alex Stillman
City Clerk, City of Arcata Mayor, City of Arcata

CLERK'S CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1575, passed and adopted at a regular meeting of the City Council of the City of Arcata, County of Humboldt, State of California, on the __ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

Rhea Varley
City Clerk, City of Arcata

Chapter 9.31
Density Bonuses
Sections:

9.31.010 Purpose

9.31.020 Eligibility for Bonus, Incentives or Concessions

9.31.030 Allowed Density Bonuses

9.31.040 Allowed Incentives or Concessions

9.31.050 Bonus and Incentives for Housing with Childcare Facilities

9.31.060 Continued Availability

9.31.070 Location and Type of Designated Units

9.31.080 Processing of Bonus Requests

9.31.090 Control of Resale

9.31.100 Judicial Relief, Waiver of Standards

9.31.010 Purpose
As required by Government Code Section 65915, this Chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 9.31.020. This Chapter is intended to implement the requirements of State Density Bonus Law under provisions of Government Code Section 65915, et seq., and the Housing Element of the City’s General Plan to assist with the development of housing above the maximum allowable residential density. If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this chapter include successor provisions.

9.31.020 Eligibility for Density Bonus, Incentives or Concessions In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements set forth in State law and satisfy all other applicable provisions of this Land Use Code, except as provided by Section 9.31.040 (Allowed Incentives or Concessions), and is not ineligible pursuant to Government Code Section. 65915(c)(3).

A. Resident requirements. The housing development shall be designed and constructed so that:

1. At least 10 percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code Section 50079.5; or

2. At least five percent of the total number of proposed units are for very low income households, as defined in Health and Safety Code Section 50105; or

3. The project is a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development; or

4. Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

5. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinneyVento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units; or

6. Twenty percent of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 56915(b)(F) et seq.; or

7. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development.

3. At least 10 percent of the total dwelling units in a condominium project as defined in Civil Code Section 1351(f), or in a planned development as defined in Civil Code Section 1351(k), for persons and families of moderate income, as defined in Health and Safety Code Section 50093; or

4. The project is a senior citizen housing development as defined by Civil Code Sections 51.3 and 51.12.

A density bonus granted in compliance with Section 9.31.030 shall not be included when determining the number of housing units that is equal to the percentages required above.

B. Minimum project size to qualify for density bonus. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units, the characteristics of which shall comply with Government Code Section. 65915(i).

C. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements in Government Code Section 65915.5.

D. Minimum Density. The project must develop housing units over the maximum density otherwise allowed by the applicable General Plan designation and zoning district.

9.31.030 Allowed Density Bonuses
A. The amount of a density bonus allowed with a housing development shall be determined by the City in compliance with Government Code Section 65915(f) through (h), inclusive. this Section.

A. Density bonus. A housing project that complies with the eligibility requirements in Subsections 9.31.020.A.1, A.2, or A.3 shall be entitled to density bonuses as follows, unless a lesser percentage is elected by the applicant.

1. General density bonus. The City shall grant at least a 20 percent increase in the number of dwelling units normally allowed by the applicable General Plan designation and zoning, except that:
a. For each one percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by

1.5 percent up to a maximum of 35 percent; and
b. For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent, up to a maximum of 35 percent.

2. Bonus for condominium or planned development project. A density bonus for a condominium project that complies with the eligibility requirements in Subsection

9.31.020.C shall consist of at least a five percent increase in the number of dwelling units normally allowed by the applicable General Plan designation and zoning district, except that for each one percent increase above 10 percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of 35 percent.

3. Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Subsection, the applicant shall be entitled a density bonus for the entire development, only if the project proposes to develop housing units over the maximum density otherwise allowed by the applicable General Plan designation and zoning district, as follows; provided that nothing in this Subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development.
a. Basic bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable General Plan designation and zoning.
b. Additional bonus. For each one percent increase above the minimum 10 percent land donation described in Subsection 9.31.030.c.(2), the density bonus shall be increased by one percent, up to a maximum of 35 percent. This increase shall be in addition to any increase in density required by Subsections

9.31.030.A.1 and 9.31.030.A.2, up to a maximum combined mandated density increase of 35 percent.
c. Eligibility for bonus. An applicant shall be eligible for the increased density bonus provided by this Subsection if all of the following conditions are met. (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
(2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low

income households in an amount not less than 10 percent of the number of residential units of the proposed development.
(3) The transferred land is at least one acre, or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(I) if the design is not reviewed by the City prior to the time of transfer.
(4) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section

9.31.070 (Continued Availability), which shall be recorded on the property at the time of dedication.
(5) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer.
(6) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one quarter mile of the boundary of the proposed development.

B. Greater or lesser bonuses. The City Council may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower density bonus than required by this Section for a development that does not comply with the requirements of this Section. A density bonus that comports with this Section shall otherwise be granted by the review authority overseeing the project approval.

C. Density bonus calculations. The calculation of a density bonus in compliance with this Subsection that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

D. Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Local Coastal Plan amendment, zoning change, or other discretionary approval.

E. Location of bonus units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located.

9.31.040 Allowed Incentives or Concessions
A. Applicant request and City approval. An applicant may submit to the City a proposal for the specific incentives or concessions listed in Subsection 9.31.040.C. that the applicant requests in

compliance with this Section, and may request a meeting with the Director. The Council Review Authority shall grant an incentive or concession request that complies with this Section unless the Council makes either of the following findings in writing, based upon substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k) of Government Code Section 65915, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 9.31.020; or

2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3. The concession or incentive would be contrary to state or federal law.

B. Number of incentives. The applicant shall receive the following number of incentives or concessions consistent with Government Code Section 65915(d)(2) as may be amended from time to time.

1. One incentive or concession for a project that includes at least 10 percent of the total units for lower income households, at least five percent for very low-income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale condominium or planned development, or at least 20 percent of the units for lower income students in a student housing development.

2. Two incentives or concessions for a project that includes at least 2017 percent of the total units for lower income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale condominium or planned development.

3. Three incentives or concessions for a project that includes at least 3024 percent of the total units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale condominium or planned development.

4. Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.

5. Five incentives or concessions for a project meeting the criteria of Government Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

C. Type of incentives. The City may, at its sole discretion, grant a density bonus exceeding the state minimum requirements where the applicant agrees to construct a greater number of affordable housing units than required pursuant to Section 9.31.020 and necessary to qualify for

the density bonus under this section. If such additional density bonus is granted by the City and accepted by the applicant, the additional density bonus shall be considered an additional concession or incentive for purposes of Section 65915. For purposes of this Section, a concession or incentive shall mean any reduction in site development standards or any modification of zoning or architectural design requirements necessary pursuant to California Government Code Sections 65915(d)(3) or and 65915(e) to facilitate the construction of the residential development project at the densities provided for in Section 65915. Concessions or incentives shall also include, but not be limited to, the following categories:

1. Concessions Not Requiring Financial Pro Forma from Applicant. The following concessions and incentives shall be available to the applicant without any requirement that the applicant demonstrate to the City that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(l):
a. Parking Concessions. The following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project: 0-1 bedroom dwelling unit: 1 onsite parking space; 2-3 bedroom dwelling unit: 2 onsite parking spaces; 4 or more bedroom dwelling unit: 2.5 parking spaces; b. Approval of mixed-use (housing and non-residential) development on a site designated for non-residential development by its zoning or General Plan land use designation provided that the residential dwelling units are on the upper floors or rear of commercially or industrially zoned properties where uninterrupted commercial or industrial uses are maintained at the street level and any residential units shall not be more than 25% of the first floor area. c. Approval of the Density Bonus Standard as outlined in Section 9.24.050.

2. Concessions Requiring Financial Pro Forma from Applicant. The following concessions and incentives, when requested by the applicant, shall require the applicant to demonstrate to and receive approval from the City Council that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(l):
a. A reduction of the standards beyond the incentives outlined in Section

9.24.050.
b. A reduction of the energy efficiency and conservation measures as outlined in Policy RC-8b of the General Plan;
c. Reduction in the minimum requirements of any of the following: private space; landscape requirements, including for parking lots; and architectural design requirements that exceed the minimum building standards established by local or state building code standards.
d. Reduction in the parking space dimensions, driveway width, parking aisle width, garage and carport dimensions; number of tandem parking spaces; and reduced bicycle parking requirements.
e. Modification of the criteria utilized to calculate the net area used for calculating density.

f. Any other reduction or waiver in site development standards or modification of zoning or architectural design requirements necessary pursuant to California Government Code Sections 65915(d)(3) or 65915(e), or any other proposed concession or incentive not identified in Section 9.31.040.

D. The City shall not apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria in

9.31.040.B at the densities or with the concessions or incentives permitted by this section. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of 9.31.040.B at the densities or with the concessions or incentives permitted under this section. Notwithstanding, the City may reject portions of the proposal that would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; that would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or that would be contrary to state or federal law.

DE. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

9.31.060050 Bonus and Incentives for Housing with Child Ccare Facilities A housing development that complies with the resident and project size requirements of Section

9.32.020, and also includes as part of that development a licensed childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development shall be subject to the following additional bonus, incentives, and requirements.

A. Additional bonus and incentives. The City shall grant a housing development that includes a child care childcare facility in compliance with this Section either of the following:

1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care childcare facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care childcare facility.

B. Requirements to qualify for additional bonus and incentives. The City shall require, as a condition of approving the housing development, that:

1. The child care childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 9.31.070060 (Continued Availability); and

2. Of the children who attend the child care childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income in compliance with Section 9.31.020.

The City shall not be required to provide a density bonus for a child care childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate child care childcare facilities.

9.31.070060 Continued Availability
A. Duration of affordability. The applicant shall agree to, and the City shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions pursuant to Government Code Section 65915 through 65917.2, inclusive., as follows.

1. Lower income units. The continued availability of lower income units shall be maintained for 30 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2. Low and moderate income units - Development with public funding. A housing development that receives a direct financial contribution as an additional incentive through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, shall maintain the availability of low- and moderate-income units for a minimum of 30 years, as required by Government Code Section 65916.

3. Moderate income units in condominium. The continued availability of moderate income units in a condominium project shall be maintained for a minimum of 10 years.

B. Rent cost requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall comply with Government Code Section 65915(c)(1)(B). not exceed the following amounts during the period of continued availability required by this Section:

1. Lower income units. 30 percent of 65 percent of the area median income, for units targeted for lower income households, as defined in Health and Safety Code Section 50079.5; and

2. Very low income units. 30 percent of 50 percent of the area median income, for units targeted for very low income households, as defined in Health and Safety Code Section 50105.

C. Occupancy and resale of moderate-income condominium or PD for sale units. An applicant shall agree to enter an Affordable Housing Regulatory Agreement with conditions complying with Government Code Section 65915(c)(2)., and the City shall ensure that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a condominium project or planned unit development, be persons and families of moderate income, as defined in Health and Safety Code Section 50093.

1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

2. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For purposes of this Section,

the City’s proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate income household was less than the fair market value of the home at the time of initial sale.

9.31.080070 Location and Type of Designated Units
The location, timing of construction, unit size, unit type, exterior appearance and development standards shall be as required by Section 9.32.40 of this Code. The Term of Affordability for Rental Inclusionary Units shall be as required in Section 9.32.080 of this Code. The Term of Affordability and Resale of For-sale Units shall be as required in Section 9.32.090 of this Code.

9.31.090080 Processing of Bonus Requests
Requests for a density bonus and other incentives shall be evaluated and decided as required by Section 9.32.110090 (Administration of Inclusionary Units) of this Code. In addition, an application for a density bonus, incentive, concession, waiver, or modification, or revised parking standard pursuant to this Section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project in the manner provided for in the City’s code. The administrative fee shall be set by resolution. cost of reviewing any required pro forma data submitted as part of the application in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review said pro forma, shall be borne by the applicant. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:

A. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
B. The level of affordability of the dedicated units;
C. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. If the applicant is requesting concessions or incentives identified in Subsection 9.31.040.C.2, the application shall also include pro formareasonable information demonstrating to the City that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction.

Where the applicant is requesting the modification or waiver of a development standard or a zoning or architectural design requirement, the applicant shall submit evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible.

D. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus.

E. If a density bonus is requested for construction of a child care childcare facility pursuant to California Government Code Section 65915(I), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(Ih) have been met, thus entitling the project to the requested density bonus.

9.31.100090 Control of Resale
In order to maintain the availability of for-sale affordable housing units constructed in compliance with this Chapter, the requirements of Subsections 9.32.090.B and Section

9.32.090.C shall apply.

9.31.110100 Judicial Relief, Waiver of Standards
A. Judicial relief. The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.

B. Waiver of standards preventing the use of bonuses, incentives, or concessions.

1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 9.31.020.A at the densities or with the concessions or incentives permitted by this Chapter.

2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, and placement of public works improvements.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. City exemption. Notwithstanding the provisions of Subsections 9.31.110100.A and

9.31.100.B, nothing in this Section shall be interpreted to require the City to:

1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2. Grant a density bonus, incentive or concession, or waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

9.100.020 Definitions of Specialized Terms and Phrases
* * *
Affordable and Inclusionary Housing. The following terms and phrases are defined for the purposes of Chapter 9.31 and 9.32:
* * *

2. Affordable Rent (Multi-Family Residential Projects). "Affordable Rent” means:
a. Rents calculated annually by either the United States Department of Housing and Urban Development ("HUD") or the California Tax Credit Allocation Committee, depending on project funding source., and are:
a. The lesser of the Fair Market Rents or a rent that does not exceed thirty percent (30%) of sixty percent (60%) of the area median income ("Low Income Rents"); or

b. Thirty percent (30%) of fifty percent (50%) of the area median income ("Very -Low Rents").
b. Moderate-income rent shall be the 80% Income Level for Humboldt County, adjusted for household size without a utility allowance, as shown on the Maximum Multi-Family Tax Subsidy (MTSP) Rents, published annually by the California Tax Credit Allocation Committee.
c. Other rent levels that may be established by the City Council for a specific project or program.

3. Affordable Unit. A dwelling unit that is required to be rented at affordable rents or purchased at an affordable sales price to specified income qualifying households. * * *

10. Housing Trust Fund. The fund created by the City as per Implementation Measure HE27 of the City’s Housing Element to retain funds collected in a segregated account specifically to assist with the development of affordable housing.

11. Affordable Housing Regulatory Agreement, or Agreement. The agreement described in Section 9.32.110090 between a developer and the City setting forth the manner in which required inclusionary, Density Bonus, or other affordable units will be provided in a proposed residential project.

12. Inclusionary Affordable Housing Plan. The plan described in Section 9.32.110090 setting forth the manner in which required inclusionary or other affordable units will be implemented in a residential project.
* * *

14. Inclusionary Unit. An ownership or rental dwelling unit developed as a part of an affordable housing project in compliance with Section 9.32 this Chapter. * * *

16. Legislative Entitlement. Includes General Plan and Land Use Code designations and redesignations, zonings and rezoning, planned unit developments ("PUD"); conditional use permits, variances; and amendments thereto.
* * *

24. Primary Residence. The residential unit occupied by the household for the majority of the year.
2425. Subsidize. To assist by payment of a sum of money or by the granting of terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms of mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like.
2526. Substantial Rehabilitation. The repair, preservation, and/or the improvement of a housing unit where the cost as determined by the Building Official exceeds 50% of the after rehabilitation assessed value of the structure.

27. Very Low-Income Household. A household with an annual income no greater than 50 percent of the area median family income adjusted by household size as defined in Health and Safety Code Section 50105. Median family income shall be determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program. * * *
Section 9.84.040 Condominium Conversion
* * *
D. Inclusionary housing requirement. The conversion of units shall comply with the inclusionary housing requirements in Chapter Section 9.32.030 A.2. * * *

CHAPTER 9.32 – INCLUSIONARY ZONING
Sections:

9.32.010 - Purpose and Intent

9.32.020 - Definitions

9.32.030 - Inclusionary Housing Requirement

9.32.040 - Standards for Inclusionary Units

9.32.050 – Incentives and Concession

9.32.060 - Term of Affordability for Rental Inclusionary Units - Rent Costs

9.32.070 - Term of Affordability and Resale of For-Sale Units

9.32.080 - Income, Occupancy, Hazard Insurance, and Maintenance Requirement

9.32.090 - Administration of Inclusionary Units

9.32.100 - Administrative Fees

9.32.110 - Takings Determination

9.32.120 - Enforcement and Penalties

9.32.010 - Purpose and Intent
The requirements of this Chapter are intended to:

A. Assist in achieving the City's goals for adequate affordable housing by requiring residential projects to include a minimum percentage of housing units affordable to households of very-low, low, or moderate income; to provide for a program of incentives and public subsidy to assist in this effort; and to implement the mixed income policies of the Housing Element of the City's General Plan.

B. Establish standards and procedures to require the development of housing that is affordable to a range of households with varying income levels for higher density projects.

9.32.020 - Definitions
The specialized and technical terms and phrases used in this Chapter are defined in Article 10 (Glossary), under "Affordable Housing Requirements."

9.32.030 - Inclusionary Housing Requirement
A. Number and affordability of inclusionary units required. Each new residential project shall be designed and constructed to include Inclusionary Housing units to be rented, leased, or sold to very-low-, low-, or moderate-income households. As used in this section, residential projects shall include projects with any combination of allowed uses that includes a Multi-family housing component.

1. Inclusionary housing – household income. All new residential projects subject to this Chapter shall provide the following inclusionary housing unless the Review Authority approves Alternative Inclusionary Housing pursuant to

9.32.030.A.2: