CITY OF SIMI VALLEY
MEMORANDUM
April 11, 2022
TO: City Council
FROM: Office of the City Manager
SUBJECT: DISCUSSION REGARDING THE TIMING OF PUBLIC STATEMENTS ON
THE CITY COUNCIL AGENDA
STAFF RECOMMENDATION
It is recommended the City Council consider the information in this report and provide direction to staff.
BACKGROUND AND OVERVIEW
At the February 28, 2022 meeting, Council Member Luevanos requested staff to agendize a report regarding the timing of Public Sta tements on the City Council’s agenda. As Public Statements follows Public Hearings on the agenda, and there was a public hearing on February 28th, Public Statements at this meeting occurred at approximately 9:00 p.m., prompting the request. Staff has provided a discussion on the topic as well as three options. Staff recommends the City Council consider the information presented and provide direction to staff.
FINDINGS AND ALTERNATIVES
At the June 3, 2019 City Council meeting (pre-COVID-19), Council Member Judge requested staff to adjust the timing of Public Statements on the agenda to allow for Youth Council, Neighborhood Council, Council on Aging (COA), or other similar presentation by outside organizations to occur early in the agenda without having to wait through Public Statements. At that time, Public Statements occurred prior to these presentations to the Council.
The Brown Act, California’s open meeting law, requires the public to be able to address the City Council on any actionable item prior to taking action on that item. As informational reports to the City Council, such as those presented by the Youth Council, Neighborhood Council, or COA or an outside organization could lead to an action by the City Council, a public statements opportunity must occur prior to the informational reports. Similarly, members of the public being appointed to a City Board or Commission requires City Council action, as such a public statements opportunity is required prior to the action.
AGENDA ITEM NO.
8A
2 To address Council Member Judge’s concern, in August 2019 the City Council agenda was adjusted to add a second Public Statements opportunity. The first Public Statements item, currently Agenda Item #2, provides for the public to address the City Council on Appointments, Special P resentations, and Informational Report s. This change allows these types of actions and presentations to the City Council to occur early in the agenda, prior to the general Public Statements agenda item, currently Agenda Item #5.
Under the current agenda format, the timing of when Public Statements (Agenda Item #5) will occur is dependent upon the length of any Public Hearing (Agenda Item #4), if there is a Public Hearing, which is the only other action item of the City Council before Public Statements. In order to provide for an earlier Public Statements, the option is to shift this item to before Public Hearings. All other business of the City Council falls after Public Hearings and Public Statements.
However, shifting Public Hearings to occur after Public Statements requires the public in attendance for a public hearing item , as well as staff and the developer and their consultants, to wait until Public Statements are concluded.
The main question in addressing this issue is a determination on which public group will be heard first. Staff offers three options to address this issue:
Option 1
Having Public Statements after Public Hearings, the current format as depicted below, requires general public comments and agenda item specific comments to wait until Public Hearings are over. If there are no Public Hearings, Public Statements occurs immediately after Appointments, Special Presentations, and Informational Report s and normally occurs early in the evening.
1D. CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS
2. PUBLIC STATEMENTS ON APPOINTMENTS, SPECIAL PRESENTATIONS AND
INFORMATIONAL REPORTS
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS
3A. APPOINTMENTS
3B. SPECIAL PRESENTATIONS
3C. INFORMATIONAL REPORTS
4. PUBLIC HEARINGS:
5 PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
3 Option 2
Placing Public Statements prior to Public Hearings will require the public , as well as a developer and their consultants and City staff , to wait until Public Statements is over before their item can be heard. If Public Statements is lengthy, it delays the timing of Public Hearings. A sample Agenda order is below:
1D. CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS:
2. PUBLIC STATEMENTS ON APPOINTMENTS, SPECIAL PRESENTATIONS AND
INFORMATIONAL REPORTS
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS :
3A. APPOINTMENTS:
3B. SPECIAL PRESENTATIONS:
3C. INFORMATIONAL REPORTS:
4. PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS,
APPOINTMENTS/SPECIAL PRESENTATIONS, AND INFORMATIONAL REPORTS
5. PUBLIC HEARINGS:
Option 3
A third option would involve creating a single Public Statements item at the beginning of the Agenda. However, this reverses the resolution of the issue raised by Council Member Judge wherein presenters and other s involved in Appointments/Special Presentations and Informational Reports would be required to wait until Public Statements is concluded.
On a night with a large number of speakers for Public Statements, the wait could be lengthy.
1D. CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS
2. PUBLIC STATEMENTS
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS
3A. APPOINTMENTS
3B. SPECIAL PRESENTATIONS
3C. INFORMATIONAL REPORTS
4. PUBLIC HEARINGS:
It should be noted that Public Hearings are an occasional item on the City Council agenda and do not occur at every meeting. For the City Council’s reference, s taff reviewed the number of Public Hearings that took place in the last twelve (12) months. For the last 22 City Council meetings, five meetings did not have any Public Hearings, 10 meetings had 4 only one Public Hearing during the meeting, and seven meetings had 2 or more Public Hearings during the meeting, accounting for 16 of the total 26 Public Hearings over the last 12 months. The 26 hearings are broken down as follows: five (5) Land Use developments hearings; four (4) Council District hearings; and seventeen (17) other City business hearings.
The following alternatives are available to the City Council:
1. Select Option 1 and keep the current Agenda Format;
2. Select Option 2, which moves Public Statements before Public Hearings on the City Council Agenda;
3. Select Option 3, which provides for a single Public Statements item at the beginning of the Agenda;
4. Provide further direction to staff.
Staff has no recommended Alternative.
SUGGESTED CITY COUNCIL MOTION
I move to select Option 1 and keep the current Agenda Format.
OR
I move to select Option 2, which moves Public Statements before Public Hearings on the City Council Agenda.
OR
I move to s elect Option 3, which provides for a single Public Statements item at the beginning of the Agenda.
SUMMARY
At the February 28, 2022 meeting, the City Council request ed staff to agendize a report regarding the timing of Public Statements on the City Counc il’s agenda. Staff has presented three options for the City Council to consider. Staff recommends the City Council consider the options presented and provide direction to staff.
____________________________________
Brian P. Gabler
City Manager