1 STAFF REPORT
DATE: September 10, 2024
TO: Justin Hess, City Manager
FROM: Courtney Padgett, Assistant City Manager
By: Cathryn LaBrado, Assistant to the City Manager
SUBJECT: Adoption of a Resolution Modifying C ity Council Meeting Policies and Procedures and Repealing Resolution No. 17 -28,970 – Rules for the Conduct of Council Meetings
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING
MODIFIED RULES FOR THE CONDUCT OF COUNCIL MEETINGS AND REPEALING RESOLUTION NO. 17-28,970.
BACKGROUND
At the August 13, 2024 City Council meeting, Council was presented with a first step report on City Council Meeting Policies and Procedures, as requested by Council Member Takahashi in October of 2023.
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.
2 Per Cal Gov. Code § 54954.3, 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 No. 17 -28,970, the City currently offers in -person opportunities for public comment for Closed Session, General Public Comment, Public Hearings, Study Sessions, and Reports to Council, with speaking periods limited up to three minutes per person. Public comment via telep hone 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.
DISCUSSION
After discussion and deliberation, Council voted to implement the following adjustments to the current City Council Meeting Policies and Procedures:
1. Speaking Times Allotted Per Individual:
o Speaking time limits per individual will be based on the amount of public comment cards received and callers in the queue at the commencement of the public comment period. Speaking time limits will apply as follows:
▪ 1-20 Speakers – allotment of up to three minutes each ▪ 21-39 Speakers – allotment of up to two minutes each
▪ 40+ Speakers – allotment of up to one minute each
o Speaking time limits will be determined at the commencement of each public comment period (Closed Session, Study Session, General Public Comment, Reports to Council, and Public Hearings).
o Telephonic comments in the queue at the beginning of the applicable comment periods (Closed Session, Study Session, General Public Comment and Public Hearings) will be included in the count of comment cards received.
o For each public comment period, comment cards (or phone calls) will no longer be accepted once the comment period begins.
2. Meeting End Time:
o Meeting end time is currently 11:00 p.m., with the caveat that the meeting can be extended by a vote of three Council Members.
o New Policy: Meeting end time may be extended by a vote of three Council Members in conjunction with a brief conference with the City Manager to review the status of the remaining agenda items and determine the best manner to proceed.
3 3. Agenda Setting for Joint City Council/B urbank Unified School District (B USD) Meetings
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 proposed 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 three weeks before the scheduled joint meeting.
Additional topics can be requested during the joint meeting as items for future discussion.
COMMUNITY OUTREACH
Should Council approve modifications to Council meeting policies and procedures, the new policies will begin on September 24, 2024. Notification to the community will include the incorporation of new policies on the City website and the Council Meeting agenda, distribution of a press release, and social media posts.
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 report; however, Council may consider that considerable staff time and resources are necessary to facilitate Council meetings.
CONCLUSION
Implemented modifications to Council meeting policies and procedures will be evaluated and staff will return to Council with outcomes and additional recommendations or adjustments as needed.
4 ATTACHMENT
Attachment 1 – Resolution 17-28,970: Red Line Version
Attachment 2 – New Resolution