City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 13, 2025
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2024-147 Amending Chapter 1.20- City Council of Title 1- “Administration” of the Gonzales City Code to Allow Time Allocated to Public Speakers to be Established by Resolution
RECOMMENDATION
It is recommended that the City Council waive second reading, adopt, and read by title only Ordinance No. 2024-147, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.20- City Council of Title 1- “Administration” of the Gonzales City Code to Allow Time Allocated to Public Speakers to be Established by Resolution.
BACKGROUND
In 2024, Staff commenced the process of making changes to the Gonzales City Code (GCC) to more accurately reflect the needs of the Council and City Staff. In some cases, the GCC has not been changed in more than fifty years. Council has previously provided Staff with direction to provide options with respect to modifying the public meeting process in order to ensure orderly and efficient meetings as well as Council and public interaction.
Pursuant to the provisions of the Brown Act, the City must allow the public to engage with the Council at noticed public meetings by receiving public comment on both items on the agenda and on matters not on the agenda but within the Council’s jurisdiction during the “public comment” portion of the agenda.
Currently, a provision of the GCC establishes the public comment period at three (3) minutes per speaker.
AGENDA
ITEM
15 REVIEW AND ANALYSIS
Staff and the Council seem to be in concert with granting the Council greater flexibility in establishing meeting procedures and details. Such flexibility cannot be exercised or easily modified when set by ordinance.
GCC Section 1.20.020 currently provides that during the public comment section of the agenda, each speaker shall be granted at least three (3) minutes to speak. The Council wants some flexibility in this regard, including the ability to change the speaking period for a shorter or longer period and details on the circumstances that might justify the same. As such, Staff has recommended that the language of Section
1.20.020 be modified to indicate that speaker times shall be set by way of resolution. This will give the Council the ability to make changes to the same on an as- needed basis. For example, if there were numerous speakers all desiring to speak on the same issue, which often results in repetitive comment, the Council wants to make sure that its ability to limit the speaking time of each speaker to some reasonable length is supported by a written policy.
Staff has prepared an amendment to Section 1.20.020 to remove the three-minute time period and to allow the Council to set desired speaker time periods by resolution. A follow-up resolution would be brought forward for consideration after the effective date of the amendment if adopted. The amendment also eliminates the requirement that speakers identify themselves by name and provide an address prior to speaking. Although this requirement appears in numerous public meeting procedures throughout the state, by law, the City cannot condition the right to speak on the provision of such information. The current requirement will be reframed as a request in the new meeting procedures resolution.
Ordinance No. 2024-147, amending Section 1.20.020 of the Gonzales City Code, was before the Council on December 2, 2024, for waiver of reading and introduction. Ordinance No. 2024-147 is before the Council this evening at a duly noticed public hearing for consideration of adoption and reading by title only.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The proposed amendment should help the City Council to ensure that future Council meetings are run in an orderly and efficient manner that will allow the Council to continue to pursue and maintain the City vision.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: See above.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes ___No _X_NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA.
ALTERNATIVES
• Adopt Ordinance No. 2024-147.
• Do not adopt the proposed Ordinance and provide staff with direction.
BUDGET IMPACT
There is no direct financial impact associated with the proposed modification of the GCC.
PUBLIC NOTICE
A public notice for this evening’s action was published in accordance with applicable legal requirements.
CONCLUSION
It is recommended that City Council waive second reading, adopt, and read by title only Ordinance No. 2024-147, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.20- City Council of Title 1- “Administration” of the Gonzales City Code to Allow Time Allocated to Public Speakers to be Established by Resolution.
Attachments:
1. Ordinance No. 2024-147
2. Public Notice