Mayor Byrne has requested that the City Council review City Policy C89-02, City Council Meetings, Orders of Council, Agenda Packets, Minutes of Meeting and Agenda Distribution (Attachment 1), and discuss potential updates.

1)      Meeting Procedures for Agenda Items

Section III of the current policy is entitled “Conduct of City Council Meetings”. Sub-section C is on “Meeting Procedures for review of each item on the Agenda (with the exception of Public Hearings)”, which reads as follows:

“C.     Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings):

•  The Mayor will read the agenda item under discussion.
•  Staff will present a brief report.
•  City Council questions of staff”

Proposed Update

 A possible change to this section of the policy could provide a more streamlined process, while allowing for flexibility in receiving presentations. The draft policy amendment below recognizes that agenda packets, including staff reports, are available at least 72 hours before the meeting, staff presentations would be optional at the request of a Councilmember.

Draft Policy Language:

“C.     Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings):

(1)        Mayor will read the agenda item under discussion.

(2)        Mayor will ask if any Councilmember wishes for a staff presentation.

(3)        Mayor will ask staff to present a brief presentation if requested.

(4)        Mayor will ask City Council if there are any questions for staff.

(5)        Mayor will ask for Public Comment in chambers and then remote.

(6)        Mayor will ask Council for discussion.

 (7)        Mayor will ask Council to take action for an action items including motions, 

            resolutions, ordinances and requests for direction to staff.”

2)         Public Appearances

Section II B of the current policy is entitled “Orders of City Council Business”, which includes a subheading on “Public Appearances”, which reads as follows:

“Public Appearances

The public has opportunities to speak to the City Council. The Public Appearances section allows persons to speak a maximum of three minutes, or as otherwise established by the City Council, on items of City business, other than those scheduled agenda items. Matters not appearing on the City Council's agenda will not receive action at that meeting but may be referred to staff for a future meeting or resolution outside of a City Council meeting. The City Council reserves the right to limit the duration of the Public Appearances section of the agenda to thirty minutes total.

Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of the City Council meeting during consideration of that item. Public comments or testimony on agenda items other than Public Appearances shall be limited to a maximum of three minutes per speaker.”

Possible changes:

The Public Appearances section of the policy could be updated to reflect the requirements of public comment under Gov. Code Section 54954.3 in a simplified way.  The proposed change provides additional guidance for public appearances on Regular vs. Special Meeting agendas, since there is no requirement to have public comments on non-agenda items during Special Meetings.  Additionally, the current policy does not specify how to handle remote participants who fail to comply with the Brown Act, nor does it state that the chair has the ability to cap total public comment time at their discretion, so an update to the policy could address this.

Draft Policy language:

“Public Appearances (Public Comment Policy)

Public Appearances provides an opportunity for members of the public to address the City Council on matters within its jurisdiction.

Public Comment at Regular Meetings:

• The agenda must allow for public comment on both non-agenda items (within the Council’s subject matter jurisdiction) and specific agenda items.

Public Comment at Special Meetings

• Public comment is limited to items listed on the agenda.

General Guidelines

• Providing a name is optional, but it helps for speakers to identify themselves to be included in the meeting minutes.
• Comments on non-agenda items must relate to topics within the Council’s subject jurisdiction.
•  Each speaker is limited to 3 minutes, unless the Chair adjusts the time.
• The Chair may limit total public comment time, such as capping non-agenda item comments at 30 minutes.

• Speakers must stay on topic when addressing an agenda item.
•  The Council cannot discuss or take action on public comment but may direct that the issue discussed be agendized for a future meeting.

• Speakers may be muted for failing to comply with the Brown Act.

Suggested Agenda Language

Below are examples of language to include on the agenda for guidelines for public comment for Regular and Special meetings:

Public Appearances (Regular Meetings):
Members of the public may speak on topics within the Council’s jurisdiction that are not on the agenda during Public Appearances. Comments are limited to 3 minutes per speaker, unless adjusted by the Mayor. While stating your name is optional, it helps to identify speakers in the meeting minutes. Under the Brown Act, comments on agenda items must relate to that specific item, and comments on non-agenda items must fall within the legislative body’s subject matter jurisdiction. Remote or in-person participants who do not comply with the requirements of the Brown Act will be muted.

Public Comment Guidelines (Special Meetings):

During Special City Council Meetings, public comments are permitted for items listed on the agenda. After each item on the agenda is introduced, the Mayor will invite public comment on that item. Each speaker has 3 minutes to speak unless otherwise adjusted by the Mayor. While stating your name is optional, it helps to identify speakers in the meeting minutes. Remote or in-person participants who do not comply with the requirements of the Brown Act will be muted.

Next Steps

If the Council supports any or some of these proposed changes, staff will return with a revised Policy C89-02 for approval at a future Council Meeting. Council may also provide other direction on policy amendments.