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December 5, 2023
ITEM TITLE
Public Participation: Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings
Report Number: 23-0327
Location: No specific geographic location
Department: City Attorney & City Manager
G.C. § 84308: No
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required.
Recommended Action
Place an ordinance on first reading amending various sections in Chula Vista Municipal Code Chapter 2.04 to revise and implement regulations on public participation in public meetings, including procedures and regulations for addressing disorderly conduct and rules and time limits for addressing the City Council. (First Reading)
SUMMARY
Adopting the ordinance will implement changes to the regulations and procedures for addressing disorderly conduct during public meetings and rules and time limits for addressing the City Council in compliance with State law. The recommended changes aim to protect freedom of speech, promote equitable participation by all community members, and allow public meetings to be conducted reasonably efficiently.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
State law recently changed regarding disorderly conduct at public meetings. This item is being presented to update the City’s existing rules to comply with State law. Staff is also recommending changes to enhance the orderly conduct of public meetings. The recommended changes aim to protect freedom of speech, promote equitable participation by all community members, and allow public meetings to be conducted reasonably efficiently.
Summary of Major Provisions
Disorderly conduct.
The ordinance provides rules for disorderly conduct of the public at public meetings . In accordance with State law, examples of disorderly conduct include:
1. Speaking without being recognized by the presiding officer.
2. Continuing to speak after the allotted time has expired.
3. Speaking on an item at a time not designated for discussion by the public of that item.
4. Throwing objects.
5. Speaking on an issue that is not within the jurisdiction of the Council.
6. Attempting to engage the audience rather than the Council.
7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period.
8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer or a majority of the Council.
9. Engaging in behavior that constitutes a use of force or a true threat of force.
The proposed procedure to address disorderly conduct is to , whenever practicable, 1) give the person a warning and identify the rule of conduct being violated, 2) if the conduct continues, issue an order barring the person from the rest of that meeting, and 3) if the person does not voluntarily leave, the attending police officer is directed to remove them.
A warning would not be necessary when it would not be effective under the circumstances, such as the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as t he throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning would also not be necessary when an individual violates the rules of conduct more than once during a meeting or continuously violates the rules of conduct City Council meeting after City Council meeting.
Speaker Time Limits
Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing P a g e | 3
the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments.
Proposed changes to speaker time limits include:
Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or all items on the consent calendar. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar.
Agenda Items (Not on the Consent Calendar) . Each speaker will be allowed up to two minutes to address the Council concerning the agenda item . Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration.
Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council.
Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard near the conclusion of the meeting.
Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise all otted to speak.
Other Revisions
Other proposed revisions address the timeframe in which a request to speak must be submitted, specify that no person may yield time to another person, specify that group and visual presentations are only permitted on land use and adjudicatory matters by project applicants and appellants, allow the presiding officer to have the discretion to adjust the provisions, and provide timeframes to submit comments.
The proposed changes align with orderly meeting regulations at other public agencies.
Should the ordinance be placed on first reading, staff will return with corresponding updates to City Council policies that will become effective at the same time as the ordinance.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact as a result of this action.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
None.
Staff Contact: Tiffany Allen, Assistant City Manager; Megan McClurg, Assistant City Attorney