COMMUNICATIONS
IN RELATION TO THE
CITY OF ELK GROVE
JUNE 14, 2023 REGULAR
MEETING
From:
To: Jason Lindgren
Cc: Jonathan Hobbs
Subject: Slides for my public comments on June 14 2023
Date: Tuesday, June 13, 2023 5:58:44 PM
Attachments: Public comments to City Council for June 14 2023.pptx [EXTERNAL EMAIL]
Mr. Lindgren,
I wish to use these slides during my public comments on agenda item 5, public comments on matters not on the agenda.
Will you confirm your receipt of these slides?
Thank you,
Mark Graham
Sent from my hard wired computer using Protonmail
Public comments to Elk Grove City
Council for June 14, 2023
By Mark Graham
Council should learn about
section 54954.2 (a)(3) Gov. Code
The Council usually fails to respond to
questions and comments on matters not
on the agenda because it
misunderstands the Brown Act and
believes it cannot respond.
Problem:
Council lack of transparency.
In particular Council and staff information about
policies which the City is working on. New or
revised.
Solution:
Respond to public comments and questions on items
not on the agenda. (Brown Act 54954.2 (a)(3))
Council tells residents almost
nothing about new or revised
policies until it is too late.
Typically when the Council is working on
a new or revised policy it says very little or
nothing about it in Council meetings.
Even when residents explicitly or
implicitly ask, in public comments, for
information.
Consequences of Council lack of
transparency about developing
policies
Those residents who are interested in a
given policy matter are unable to, or less
able to, plan their advocacy with the City
Council when they have no idea what the
Council knows or wants to do on a given
policy issue.
By the time the matter is an action
agenda item it is too late.
On the night when the Council actually
votes on a new or revised policy it
actually speaks about what it intends to
do. But by then the Council has made
up its mind, usually to vote to approve
the item.
If the Council would actually communicate
with residents while the City is developing
the policy the residents would be able to
give better input and recommendations.
We can better advise you if we know what
you are thinking or want to achieve.
Council is unaware of specific
authorization to respond
As of early 2020 the Council actually
believed the Brown Act prohibits Council
responses to questions and comments on
matters not on the agenda.
(January 22 and February 12, 2020 Council
meetings.)
The Brown Act specifically
authorizes Council responses
Government Code section 54954.2
(a)(3), specifically authorizes the
Board to respond to questions and
comments on matters NOT on the
agenda in 7 different ways.
Advantage of greater Council transparency on
developing (new or revised) City policies.
If the Council would actually communicate with
residents while the City is developing the policy the
residents would be able to give better input and
recommendations. The City would develop better
policies.
Schedule a presentation by the
City Attorney on this point of law
The City Attorney (not residents) is the appropriate person to inform and educate the Council on the 7 ways which the Brown Act section 54954.2 (a)(3) specifically authorizes the Council to respond to questions and comments on matters not on the agenda.
This has never been done as far as I know.
Government Code section
54954.2 (a)(3)
(3) No action or discussion shall be
undertaken on any item not appearing on
the posted agenda, except that members of
a legislative body or its staff may briefly
respond to statements made or questions
posed by persons exercising their public
testimony rights under Section 54954.3.
Government Code section
54954.2 (a)(3) continued
In addition, on their own initiative or in
response to questions posed by the public,
a member of a legislative body or its staff
may ask a question for clarification, make
a brief announcement, or make a brief
report on his or her own activities.
Furthermore, a member of a legislative
body, or the body itself, subject to rules
Government Code section
54954.2 (a)(3) continued
or procedures of the legislative body, may
provide a reference to staff or other
resources for factual information, request
staff to report back to the body at a
subsequent meeting concerning any matter,
or take action to direct staff to place a
matter of business on a future agenda.
SUPPLEMENTAL INFORMATION
AGENDA ITEM NO. 9.3
6-14-2023
Interoffice Memorandum
June 12, 2023
................................ ..............................................................
Date
City Council
................................ ..............................................................
To
Jeff Werner, Public Works Director
................................ ..............................................................
From
Item 9.3 – Receive a presentation on a potential City entry identification program, provide direction on preferred design options, and consider a resolution amending the Fiscal Year 2023- 2024 Budget and FY 2023-2024 Capital Improvement Program by $240,000 ................................ ..............................................................
Subject
Mayor, Vice Mayor, and Council Members,
There was a change in font on sign Option 1 , found on page 3 of the Staff Report .
Attached is the correct font on the design presented in Option 1. All other language and information remain the same.
VIEW: SITE MOCK-UP