1 STAFF REPORT
DATE: August 13, 2024
TO: Justin Hess, City Manager
FROM: Courtney Padgett, Assistant City Manager
By: Cathryn LaBrado, Assistant to the City Manager
SUBJECT: Discussion on City Council Meeting Policies and Procedures
RECOMMENDATION
Provide direction to staff, if any, on the implementation of methods or additional information needed to consider enhancements to more efficiently manage City Council meetings, with specific adjustments to Resolution No. 17-28,970.
BACKGROUND
At the October 3, 2023 City Council meeting, Council Member Takahashi requested a first step report on methods for managing public comment during Council Meetings. Also included in this report is information related to Council Member Takahashi’s request from the December 5, 2023 Council Meeting regarding codifying the agenda setting process for the annual joint City Council and Burbank Unified School District (BUSD) meeting.
City Council Meetings follow rules set forth by California Government Code (Cal Gov.
Code) § 54950, referred to as the Brown Act. The express purpose of the Brown Act is to assure that local government agencies conduct business openly and publicly. The Brown Act includes requirements such as advance posting of meaningful meeting agendas , availability of meeting materials, and allowing public participation. Additional policies and procedures specific to the City of Burbank are listed in Resolution No. 17-28,970 - Rules for the Conduct of Council Meetings (Attachment 1), passed by City Council in 2017. In general, the Resolution includes information about the conduct of Council meetings, the format of the meetings, the agenda process and order of business, and information on how the public addresses Council.
CITY MANAGER’S
OFFICE
2 DISCUSSION
City of Burbank Public Comment
Public Comment provides an opportunity for community members to share their opinions with Council and participate in the civic process. Per Cal Gov . Code § 54950, the legislative body of a local agency may adopt reasonable regulations related to public comment, including establishing the total amount of time allocated for public testimony on particular issues and/or for each speaker. Per Resolution N o. 17-28,970, the City currently offers in-person opportunities for public comment for Closed Session, General Comments, Public Hearings, and Reports to Council, with speaking periods limited up to three minutes per person. Public comment via telephone is available for Closed Session, General Public Comment, and Public Hearings. Telephonic comments are accepted on an ongoing manner throughout the General Public Comment period until there are no further callers in the queue. E- comments can also be submitted via the City website up to one hour prior to the start of the Council meeting and are provided to Council members before the meeting.
Council meetings in 2023 and 2024 averaged 5.5 hours in length with an average of approximately two hours of public comment. For several Council meetings during this period, the Presiding Officer (Mayor or Vice Mayor) reduced individual speaking time to two minutes, 90 seconds, or one minute to accommodate for large numbers of public speakers. Mayor Schultz has also offered speakers the option of either one- minute or three-minute comment periods, with speakers selecting the one-minute option going first followed by the three- minute speakers. These accommodations have been necessary and successful in balancing public comment and the completion of City business.
Survey of Other Jurisdictions
Staff surveyed 18 cities across California (Attachment 2) and found the following options being utilized to manage public comment:
• Limiting speaking times allotted per individual.
• Publicizing and utilizing a scaling system to determine speaker time limits based on number of speakers for each comment period.
• L imiting the total overall length of public comment periods. • Allowing in-person comments only (no virtual or telephonic comments). • Reducing the total number of overall periods of public comment. • Establishing deadlines for the submission of speaker cards (i.e., no additional comment cards accepted once the specified agenda item has begun). • Utilizing a designated speaker for large groups commenting on the same item. • Placing parameters around General Public Comment, such as accepting only non- agenda related comments, accepting only comments pertaining directly to 3 business within the body’s jurisdiction, and/ or prioritizing comments in a certain manner (i.e., agenda items first, followed by non-agenda items if time allows).
Additional Meeting Management Tools
In addition to consideration of methods to efficiently manage public comment, Council may also consider additional adjustments to meeting logistics to ensure the efficient flow of Council meetings.
• Meeting Start Time
Resolution No. 17-28,970 designates a meeting start time of 6:00 p.m. for regular session. Council is often required to discuss complex issues, navigate sensitive topics, and make challenging decisions. In 2023 and 2024, m eetings have regularly exceeded five hours in length (not including closed session) and have ended at midnight or later. C ities surveyed that have a meeting start time of 5:00 p.m. or earlier include Anaheim, Chula Vista, Irvine, Oceanside, and Sacramento.
Council may consider adjusting the meeting start time to begin regular session at 5:00 p.m. In general, the first 30- 45 minutes of the Council agenda is utilized for ceremonial items such as proclamations and certificates of recognition and general updates to Council, therefore an adjusted start time for the meeting would still allow community members to participate in public comment sessions following the end of a traditional workday schedule.
• Meeting End Time
Resolution No. 17-28,970 designates a meeting end time of 11:00 p.m. for regular session. The end time of 11:00 p.m. includes a caveat that the meeting may continue to finish an in-progress item or if at least three Council Members vote to extend the end time. In 2023 and 2024, meeting end times ranged from 8:00 p.m. to 2:45 a.m., with the majority (75%) of meetings ending after 11:00 p.m. Council may consider whether regularly conducting City business at late hours is responsible and reasonable for members of the public, staff, and Council Members. While it may be necessary on occasion to continue City business after 11:00 p.m., continuing the meetings past the late hour may hinder the opportunity for members of the public to participate.
• Discussion of Agenda Items
Some cities, including Inglewood, Mission Viejo, and Victorville, have implemented established rules of decorum related to Council discussion and deliberation. Their rules include time limits (varying from two to five minutes) for Council Member remarks and questions to help facilitate focused conversations and to ensure the efficient flow of the meeting (Attachment 3).
4 • Agenda Setting for Joint City Council/BUSD Meeting
At the November 14, 2023 Council Meeting, Council approved a formal process to set the agenda for the annual joint meeting between Council and BUSD:
o The City Manager will compile and present a list of proposed agenda items, including staff -initiated items and subjects previously requested by Council Members, to the BUSD/Council Subcommittee (Subcommittee), which is comprised of the Burbank Mayor, Vice Mayor, and City Manager and the BUSD Board President, Vice President, and Superintendent.
o The Subcommittee shall meet and discuss the City’s propos ed agenda items along with items proposed by BUSD and agree on a tentative agenda for the joint meeting. Per Council’s direction, the City Attorney will attend the Subcommittee meetings.
o The tentative agenda will be presented to the City Council for its review and approval at a public meeting.
o The approved list of agenda items will be posted on the City’s agenda forecast for a minimum of thre e weeks before the scheduled joint meeting. Additional topics can be requested during the joint meeting as items for future discussion.
Recommendations for Council Consideration
Based on review of recent Burbank Council meetings and methods utilized in other jurisdictions, staff recommends Council consider the following adjustments to Resolution No. 17-28,970 to ensure the efficient management of Council meetings:
1. Speaking Times Allotted Per Individual:
o Time period of up to either two minutes or one minute per speaker for General Public Comment.
o Time period of up to two-minutes per speaker for additional public comment periods (Reports to Council, Public Hearing, and Closed Session). o Implement not-to-exceed limitations of 75 minutes for General Public Comment and 20 minutes for all other periods of public comment (Reports to Council, Public Hearing, and Closed Session).
2. Meeting Start/End Times: Adjust meeting start time for regular session to 5:00 p.m. and add language pertaining t o the 11:00 p.m. designated end time that requires Council to confer with the City Manager to review the status of the remaining agenda items and determine how best to proceed.
3. Telephonic Comment: A llow for public comment by telephone with the following adjustments:
o Time period of up to two minutes or one-minute per speaker (consistent with speaking time for in-person General Public Comment).
5 o Open phone lines at the beginning of regular session (5:00 p.m.) and add a caveat that additional callers will not be accepted in the queue once the telephonic public comment period begins.
4. Consider rules of decorum for Council discussion and deliberation.
5. Add language regarding the approved annual joint meeting between City Council and BUSD.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
There is no fiscal impact associated with this repor t, however Council may consider that considerable staff time and resources are necessary to facilitate Council meetings.
CONCLUSION
The Burbank City Council manages robust meeting agendas, consisting of furthering Council goals and addressing emerging issues and community concerns. Council consideration of the proposed changes to Resolution 17- 28,970 could provide a more streamlined and understandable approach to public comment and enhance the overall efficiency of meetings. Implemented adjustments will be evaluated and staff will return to Council with outcomes and additional recommendations or adjustments as needed.
ATTACHMENT
Attachment 1 – Resolution 17-28,970
Attachment 2 – Survey of Cities
Attachment 3 – Rules of Debate Examples