OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
ORD-39
CHARLES PARKIN
City Attorney
November 1, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
GARY J. ANDERSON
Assistant City Attorney
DAWN A. MCINTOSH
Assistant City Attorney
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 2.03.040, 2.03.090, 2.03.100.A, and 2.03.140 all relating to procedures for public comment and disruptions at public meetings, to be effective January 1, 2023, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
Pursuant to your request on October 18, 2022, this ordinance has been prepared and is submitted for your consideration.
SUGGESTED ACTION:
Approve recommendation.
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Respectfully submitted,
CHARLES PARKIN, City Attorney
By 11 . b:
MO~ J. KILAITA
Deputy City Attorney
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 2.03.040,
2.03.090, 2.03.100.A, AND 2.03.140 RELATING TO
PROCEDURES FOR PUBLIC COMMENT AND
DISRUPTIONS AT PUBLIC MEETINGS, TO BE EFFECTIVE
JANUARY 1, 2023
WHEREAS, on August 22, 2022, the Governor of California approved Senate Bill No. 1100 (SB 1100), effective January 1, 2023, regarding the removal of disruptive individuals from public meetings; and
WHEREAS, SB 1100 requires legislative bodies to follow a specific procedure prior to removing disruptive individuals from public meetings; and WHEREAS, first, the presiding officer of a legislative body must warn an individual that their behavior is disruptive and failure to stop their disruptive behavior could result in their removal, although a warning is not required for removal where a disruptive individual uses force or makes a true threat of force; and WHEREAS, second, if a disruptive individual does not promptly cease their disruptive behavior following a warning, or if a warning is not required pursuant to the aforementioned instances, the individual may be removed from the public meeting; and WHEREAS, SB 1100 does not alter or limit any First Amendment rights at public meetings; rather, SB 1100 provides a statewide uniform process for removal of disruptive persons at public meetings of legislative bodies; and WHEREAS, due to the statewide procedure for removal of disruptive individuals established by SB 1100, it is now necessary to amend the Long Beach Municipal Code (LBMC) to clarify this procedure for removal of disruptive individuals from
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
public meetings and to comply with applicable caselaw; and WHEREAS, additionally, various provisions of the LBMC indicate that individuals should state their names and addresses prior to addressing the City Council and other City bodies; and
WHEREAS, such requirements have been in the LBMC for decades but have not been followed for quite some time in recognition of privacy and safety concerns for members of the public who may wish to remain anonymous and/or who do not want to share their addresses publicly; and
WHEREAS, instead, members of the public are asked to provide their name when filling out a speaker card for public comment, but they are not required to do so in order to speak on an item; and
WHEREAS, as such, it is also necessary and prudent to amend the LBMC to remove any requirement for persons to provide their names and/or addresses prior to addressing the City Council or other City body, and to revise additional minor language, to reflect the City’s current practices promoting the public interest; and WHEREAS, like SB 1100, this Ordinance will also take effect on January 1, 2023;
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 2.03.040 of the Long Beach Municipal Code is hereby amended to read as follows:
2.03.040 Order of business.
A. Except as set forth in this Section, the order of business of the City Council at all regular meetings shall be as follows, unless otherwise waived by consent of the Council:
1. Call to order by Mayor;
2. Roll call of the City Council by City Clerk;
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
3. Moment of silence;
4. Pledge of Allegiance;
5. Consent calendar:
a. Approval of the minutes of previous meeting(s).
b. The consent calendar shall be heard
immediately after the pledge of allegiance, and prior to 6:30 PM. c. Any item removed from the consent calendar for
separate action shall be heard as the first item on the regular agenda.
6. Ceremonials and Presentations. Ceremonials and
presentations shall:
a. Be limited to no more than three (3) ceremonials
and/or presentations per City Council meeting; and
b. Not exceed five (5) minutes per ceremonial or
presentation.
7. Hearings;
8. Public Comment. The opportunity for members of the
public to address the City Council on matters of public business which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, which shall be conducted in accordance with the following rules:
a. Each person desiring to address the City
Council pursuant to this part of the order of business may, but is not required to, submit their name and the subject matter in writing to the City Clerk prior to the commencement of the Council meeting; b. All addresses to the City Council under this part
shall be limited to three (3) minutes;
c. The total number of speakers under this part
shall be limited to the first ten (10) persons who have submitted their
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
request to address the City Council on a matter not listed on the agenda in writing to the City Clerk;
d. The total amount of time to be devoted to
addresses under this part shall not exceed thirty (30) minutes unless said limit on the total amount of time is waived by consent of the City Council.
9. Unfinished business;
10. Regular agenda;
11. Ordinance(s);
12. New business:
a. A supplemental agenda item submitted by a
Councilmember shall require a separate "Statement of Urgency" explaining why the item is urgent and is required to be added after agenda is posted. If the City Council deems that a supplemental agenda item added onto the posted agenda is not urgent, the item shall be laid over to a future City Council meeting.
b. Announcements.
13. Public Comment:
a. The opportunity for those members of the public
to address the City Council on nonagenda items who have not already addressed the City Council on nonagenda items at the same meeting.
14. Adjournment. In the event the City Council desires to adjourn to a certain hour on another day, a motion shall be made either prior to or as part of the regular motion to adjourn indicating the hour and date to which the meeting is adjourned.
D. Without objection by the City Council, the Mayor, or other presiding officer, may use their discretion to call for any agenda item out of order for consideration and disposition, as needed, to ensure an efficient flow of the meeting.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
E. Public Comment for Agenda Items.
1. Each person desiring to address the City Council on an agenda item may, but is not required to, submit their name in writing to the City Clerk prior to the time that the Mayor, or other presiding officer, calls for the agenda item to be taken up for consideration. At that time, the speakers list for said agenda item will be closed and speakers will be called to speak at a time deemed appropriate by the Mayor, or presiding officer.
2. Where less than ten (10) members of the public submit their request to the Clerk to speak on a particular agenda item, each member of the public shall have three (3) minutes to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have six (6) minutes.
3. Where more than ten (10) members of the public
submit their request to the Clerk to speak on a particular agenda item, each member of the public shall have ninety (90) seconds to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have one hundred eighty (180) seconds.
F. The rules of parliamentary practice contained in "Robert's Rules of Order" shall govern the Council where applicable and not otherwise inconsistent with any provision of this Code or other applicable laws.
1. Limits of debate by the City Council. Unless waived by consent of the City Council, a member of the City Council may speak on any debatable motion for an unlimited number of times for up to five (5) minutes at a time. This Section shall not apply to the time available for a Councilmember to present an item to the City Council. This Section shall
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
apply to the conduct of the City Councilmembers during hearings.
Section 2. Section 2.03.090 of the Long Beach Municipal Code is hereby amended to read as follows:
A. No ordinance, resolution, motion, petition, appeal, report or any other matter, thing or proceeding whatsoever, presented by any person not a member of the Council, shall be presented to or considered by the Council unless the subject matter thereof, signed by the person desiring to be heard in connection therewith, is presented, in writing, to the City Clerk before twelve o'clock (12:00) noon on the Monday of the week immediately preceding the date of the meeting at which the same is to be considered; provided, however, that the requirement of this Subsection may be waived by the Council in the exercise of its sound and reasonable discretion.
B. No person shall address the Council without first securing the permission of the Mayor so to do; and no person, other than a member of the Council, shall speak more than once during the consideration of any one question, of whatever nature, at the same meeting, except that the person presenting the matter to the Council may speak a second time for a period not to exceed two (2) minutes, for the purpose of closing. Except for testimony at public hearings, all addresses to the Council, other than from members thereof, shall be limited to three (3) minutes. It shall be the duty of the City Clerk to keep the Mayor advised of the time consumed by each speaker and upon such advice from the City Clerk, it shall be the duty of the Mayor to strictly enforce this rule. Every person, other than a member of the Council, desiring to speak on any subject shall, standing in the place indicated for such purpose, address the presiding officer of the Council as " Mayor", and when recognized and given permission to proceed by the Mayor, may, but is not required to, first state their name and address in order that the same may be made a record in the minutes of the meeting;
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
provided, however, that this rule, or any part thereof, may be suspended by the affirmative votes of two thirds (⅔) of the members of the Council present.
Section 3. Section 2.03.100.A. of the Long Beach Municipal Code is hereby amended to read as follows:
A. Any person desiring to address the Council shall state what they wish to present and obtain permission of the Mayor before proceeding.
No person shall be permitted to use lewd, vicious or personal language which disrupts the meeting under Section 2.03.140 of this Chapter, and, should they do so, it will be the duty of the Mayor, or other presiding officer, to not permit them to continue to disrupt the meeting.
Section 4. Section 2.03.140 of the Long Beach Municipal Code is hereby amended to read as follows:
2.03.140 Disrupting Council meetings.
A. No person without authority of law shall disrupt any meeting or session of the Council, or of any legally constituted board or commission of the City.
B. The Mayor, or other presiding officer, must first warn an individual that their behavior is disrupting the meeting or session and that failure to promptly cease their behavior could result in their removal. A warning is not required for removal if the disruptive individual uses force or makes a true threat of force.
C. Once the procedure in Subsection B is followed, the disruptive individual may be removed from the meeting or session.
D. “Disrupt” or “disrupting” means engaging in behavior during a meeting or session of the Council, or of any legally constituted board or
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
commission of the City, that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including but not limited to the following:
1. A failure to comply with reasonable and lawful
regulations adopted by the body pursuant to Section 54954.3 of the Government Code or any other law;
2. Engaging in behavior that constitutes use of force or a true threat of force;
3. Engaging in conduct that may interfere with the rights of other speakers;
4. Engaging in conduct that prevents the body from
accomplishing its business in a reasonably efficient manner; and
5. Using lewd, vicious, or personal language that actually disturbs or impedes the meeting.
E. “True threat of force” means a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
Section 5. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on January 1, 2023, after it is approved by the Mayor. ///
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its mee ting of _________________________, 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved: __________________
(Date) Mayor
1 2.03.040 Order of business.
A. Except as set forth in this Section, the order of business of the City Council at all regular meetings shall be as follows, unless otherwise waived by consent of the Council:
1. Call to order by Mayor;
2. Roll call of the City Council by City Clerk;
3. Moment of silence;
4. Pledge of Allegiance;
5. Consent calendar:
a. Approval of the minutes of previous meeting(s).
b. The consent calendar shall be heard immediately after the pledge of allegiance, and prior to 6:30 PM.
c. Any item removed from the consent calendar for separate action shall be heard as the first item on the regular agenda.
6. Ceremonials and Presentations. Ceremonials and presentations shall:
a. Be limited to no more than three (3) ceremonials and/or presentations per City Council meeting; and
b. Not exceed five (5) minutes per ceremonial or presentation.
7. Hearings;
8. Public Comment. The opportunity for members of the public to address the City Council on matters of public business which are not listed on the agenda but are within the subject matter jurisdiction of the City Council, which shall be conducted in accordance with the following rules:
a. Each person desiring to address the City Council pursuant to this part of the ord er of business shall may, but is not required to, submit their name and the subject matter in writing to the City Clerk prior to the commencement of the Council meeting; b. All addresses to the City Council under this part shall be limited to three (3) minutes; c. The total number of speakers under this part shall be limited to the first ten (10) persons who have submitted their names request to address the City Council on a matter not listed on the agenda in writing to the City Clerk;
d. The total amount of time to be devoted to addresses under this part shall not exceed thirty (30) minutes unless said limit on the total amount of time is waived by consent of the City Counc il.
9. Unfinished business;
10. Regular agenda;
11. Ordinance(s);
12. New business:
a. A supplemental agenda item submitted by a Councilmember shall require a separate "Statement of Urgency" explaining why the item is urgent and is required to be adde d after agenda is posted.
If the City Council deems that a supplemental agenda item added onto the posted agenda is not urgent, the item shall be laid over to a future City Council meeting. b. Announcements.
2 13. Public Comment:
a. The opportunity for those members of the public to address the City Council on nonagenda items who have not already addressed the City Council on nonagenda items at the same meeting.
14. Adjournment. In the event the City Council desires to adjourn to a certain hour on another day, a motion shall be made either prior to or as part of the regular motion to adjourn indicating the hour and date to which the meeting is adjourned.
B. Without objection by the City Council, the Mayor, or other presiding officer, may use their discretion to call for any agenda item out of order for consideration and disposition, as needed, to ensure an efficient flow of the meeting.
C. Public Comment for Agenda Items.
1. Each person desiring to address the City Council on an agenda item shall may, but is not required to, submit their name in writing to the City Clerk prior to the time that the Mayor, or other presiding officer, calls for the agenda item to be taken up for consideration. At that time, the speakers list for said agenda item will be closed and speakers will be called to speak at a time deemed appropriate by the Mayor, or presiding officer.
2. Where less than ten (10) members of the public submit their name request to the Clerk to speak on a particular agenda item, each member of the public shall have three (3) minutes to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have six (6) minutes.
3. Where more than ten (10) members of the public submit their name request to the Clerk to speak on a particular agenda item, each member of the public shall have ninety (90) se conds to address the City Council. Any member of the public in need of a translator pursuant to the City's Language Access Policy or accommodation pursuant to the American Disabilities Act shall have one hundred eighty (180) seconds.
D. The rules of parliamentary practice contained in "Robert's Rules of Order" shall govern the Council where applicable and not otherwise inconsistent with any provision of this Code or other applicable laws.
1. Limits of debate by the City Council. Unless waived by consent of the City Council, a member of the City Council may speak on any debatable motion for an unlimited number of times for up to five (5) minutes at a time. This Section shall not apply to the time available for a Councilmember to present an item to the City Council. This Section shall apply to the conduct of the City Councilmembers during hearings.
2.03.100 Decorum.
A. Any person desiring to address the Council shall state what he they wishes to present and obtain permission of the Mayor before proceeding. No person shall be permitted to use lewd, vicious or personal language which disrupts the meeting under Section 2.03.140 of this Chapter, and, should he they do so, it will be the duty of the Mayor, or other presiding officer, to immediately deny him the floor and not permit him them to continue to disrupt the meeting.
B. No member of the Council shall leave the Council chamber without permission from the Mayor.
2.03.090 Hearings and debates.
A. No ordinance, resolution, motion, petition, appeal, report or any other matter, thing or proceeding whatsoever, presented by any person not a member of the Council, shall be presented to or considered by the Council unless the subject matter thereof, signed by the person desiring to be heard in connection 3 therewith, is presented, in writing, to the City Clerk before twelve o'clock (12:00) noon o nf the Thursday Monday of the week immediately preceding the date of the meeting at which the same is to be consid ered; provided, however, that the requirement of this Subsection may be waived by the Council in the exercise of its sound and reasonable discretion.
B. No person shall address the Council without first securing the permission of the Mayor so to do; and n o person, other than a member of the Council, shall speak more than once during the consideration of any one question, of whatever nature, at the same meeting, except that the person presenting the matter to the Council may speak a second time for a period not to exceed two (2) minutes, for the purpose of closing.
Except for testimony at public hearings, all addresses to the Council, other than from members thereof, shall be limited to three (3) minutes. It shall be the duty of the City Clerk to keep the Ma yor advised of the time consumed by each speaker and upon such advice from the City Clerk, it shall be the duty of the Mayor to strictly enforce this rule. Every person, other than a member of the Council, desiring to speak on any subject shall, standing in the place indicated for such purpose, address the presiding officer of the Council as " Mr.
Mayor" or "Madam Mayor", and when recognized and given permission to proceed by the Mayor, shall may, but is not required to, first state his their name and address in order that the same may be made a record in the minutes of the meeting; provided, however, that this rule, or any part thereof, may be suspended by the affirmative votes of two thirds (⅔) of the members of the Council present.
2.03.140 Disturbing Disrupting Council meetings.
A. No person without authority of law shall disturb, interrupt, or break updisrupt any meeting or session of the Council, or of any legally constituted board or commission of the City.
B. The Mayor, or other presiding officer, must first warn an individual that their behavior is disrupting the meeting or session and that failure to promptly cease their behavior could result in their removal. A warning is not required for removal if the disruptive individual uses force or makes a true threat of force.
C. Once the procedure in Subsection B is followed, the disruptive individual ma y be removed from the meeting or session.
D. “Disrupt” or “disrupting” means engaging in behavior during a meeting or session of the Council, or of any legally constituted board or commission of the City, that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including but not limited to the following:
a. A failure to comply with reasonable and lawful regulations adopt ed by the body pursuant to Section 54954.3 of the Government Code or any other law;
b. Engaging in behavior that constitutes use of force or a true threat of force ; c. Engaging in conduct that may interfere with the rights of other speakers; d. Engaging in conduct that prevents the body from accomplishing its business in a reasonably efficient manner; and
e. Using lewd, vicious, or personal language that actually disturbs or impedes the meeting .
A.E. “True threat of force” means a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.