ORDINANCE NO. 2024-147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 1.12- CITY COUNCIL OF TITLE 1- “ADMINISTRATION” OF
THE GONZALES CITY CODE TO ALLOW TIME ALLOCATED TO PUBLIC
SPEAKERS TO BE ESTABLISHED BY RESOLUTION
WHEREAS, in 2024, the City commenced the process of making changes to the Gonzales City Code (GCC) to allow greater flexibility in administration of code provisions and to reflect current Council and staff needs; and
WHEREAS, 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; and
WHEREAS, currently, public comment is limited to three (3) minutes by a provision in the GCC; and
WHEREAS, Staff has prepared an amendment to GCC Section 1.20.020 to remove the three-minute time period and to allow the Council to set desired speaker time periods by resolution; and
WHEREAS, the amendment also eliminates the requirement that speakers identify themselves by name and provide an address prior to speaking since the City cannot by law condition the right to speak on the provision of such information; and WHEREAS, if the amendment is approved, the Council will consider adoption of an appropriate meeting process resolution at a future date.
NOW THEREFORE, BE IT HEREBY ORDAINED by the Gonzales City Council as follows:
SECTION 1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein.
SECTION 2. Subsection G.3 of Section 1.20.020- Rules and Regulations for Conducting Meetings of Gonzales City Code Chapter 1- Administration, is hereby amended as follows:
3. Manner; Time Limit: Each person wishing to addressing the council shall stand, and give their name and address in an audible tone of voice for the records, and unless further time is granted by the council, shall limit his address to three (3) minutes be provided a period of time for comment established by resolution. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a council member except through the presiding officer.
SECTION 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or in applicability shall not affect or impair any of the remaining provisions, clauses, sentences, section, words or parts thereof of the ordinance or their applicability to other provisions or circumstances.
SECTION 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
SECTION 5. CEQA. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, since there is no potential for the Ordinance to result in direct or indirect physical change to the environment.
SECTION 6. Notice. The City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary thereof prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Soledad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Gonzales on the 2nd day of December, 2024, and thereafter; PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales on the 13th day of January, 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
_______________________________
Mary Villegas, Deputy City Clerk