The Council has asked for a report on Oral Communications with options for changing the current procedure. 

The Ralph M. Brown Act (Government Code �54950 et seq.) provides that the public has a right to address the Council on any matter on the agenda of the City Council before action is taken on that item (Government Code �54954.3), and to also address the Council on any subject within the subject matter jurisdiction of the City Council, that is, on subjects for which the City Council has some ability to take action (Government Code �54954.3).   Implementing this provision has been a matter of much discussion and various changes over the years in the City.  Since the state law has also changed over the years, some of the following changes would not be legal under the current provisions of the Brown Act.

November 4, 1975 � Council approved an ordinance which established that the Mayor would determine the appropriate time limit for speakers.  (Ordinance No. 2535)

January 12, 1988 � Council directed the City Attorney to bring back an appropriate action to change oral communications for agenda items only from three minutes to five minutes, and for other matters from five minutes to three minutes. 

March 29, 1988 � Council approved that the Oral Communications be held only at the beginning of the meeting immediately following introduction of additional agenda items, and that each speaker be limited to five minutes, and that the subject be limited to matters concerning City business.

December 13, 1988 � Council approved an ordinance which reiterated that the time allowed for Oral Communications was determined by the discretion of the Mayor.  (Ordinance No. 3138)

May 9, 1989 � Council directed that Oral Communications be divided into two segments, the first occurring immediately after the introduction of additional agenda items, and to be limited only to agenda items.  This segment could not exceed one hour in duration, with the time equally divided among all speakers, except that no speaker could exceed five minutes.  The second segment would occur immediately prior to the adjournment, with each speaker only allowed to address the Council for a maximum of three minutes, and speakers could speak on any matter within the subject matter jurisdiction of the City.   The whole matter was to be reviewed in 60 days.

July 25, 1989 � Council decided that study sessions be included as Oral Communication items, and deleted the �last call for cards� prior to the last segment of Oral Communications.

December 12, 1989 � Council directed that Oral Communications be limited to agenda items only except for the first meeting each month when a Community issues format would allow for public input on any subject matter related to a community issue.

January 9, 1990 � Council directed that the last period of Oral Communications not be cablecasted. 

April 3, 1990 � Council reconsidered the cablecasting of the last period of Oral Communications, but failed to change the direction.

May 11, 1991 � Council again considered changing the practice of not cablecasting the last period of Oral Communications, but left the practice as is.

May 4, 1993 � Council decided to resume cablecasting of the last period of Oral Communications for a 90-day trial period.

August 3, 1993 � Council kept the practice of cablecasting the last period of Oral Communications.

May 16, 1995 � Council directed that on a trial basis, the first period of Oral Communications would no longer be limited to just agenda items.

July 18, 1995 � Council directed that an ordinance be prepared to allow the first period of Oral Communication to cover any item of City business on a permanent basis.

August 22, 1995 � Council adopted an ordinance allowing the first period of Oral Communications to relate to any item of City business. 

June 12, 2001 - Council established four (4) periods of Oral Communications as follows:

1.   The first period of Oral Communications precedes Closed Sessions, is limited to items on the Closed Session agenda and is also limited to 3 minutes per speaker.

2.   The second is on the open session and allows speakers to address anything which falls within the subject matter jurisdiction of the City Council.  This period is limited to 1 minute.

3.   The third immediately follows the second, and allows speakers to speak only to action items on the agenda for that meeting.  This period is limited to 4 minutes.

4.   The fourth, and last period of Oral Communications, is at the end of the meeting, and also allows the public to speak on any item within the subject matter jurisdiction of the City Council.  In this period of Oral Communications the speakers may speak for 3 minutes, but those who have chosen to speak during the second 1 minute period of Oral Communications may not also speak during this period.

By comparison, the Glendale City Council conducts oral communications for items not on the agenda, but within the subject matter jurisdiction of the City, just after ceremonial presentations and appointments, but before the business agenda.  Their ordinance allows each speaker 5 minutes.   Much as we do in Burbank, Glendale also has a policy which permits speakers to use graphics, etc. so long as it does not extend the time. On business items, speakers may address the council on each item as it comes up for discussion. The Mayor sets the time for the speakers during these sessions, usually 3 to 5 minutes depending on the total number of speakers, or other factors as the Mayor, exercising his or her discretion, may determine.

The City of Pasadena has oral communications at the beginning of the meeting, also after the ceremonial portion of the meeting, designated for a 20 minute period.  On their agenda it states:

"Public comment will be limited to a total of 20 minutes at the beginning of the meeting and will continue under Item 12 (below) "Public Comment (continued)."  Please limit comments to 3 minutes each." (emphasis in original).

As many speakers as can be heard in the 20 minutes, are accommodated at the beginning of the meeting, then the remaining speakers are heard after the rest of the agenda items are completed.   The speaker can talk about anything that's not on the agenda that is within the subject matter jurisdiction of the Council.  Then as each agenda item is heard speakers are allowed to speak to that item, but with a total time limit for each speaker for each meeting.

The possible options are many and varied.  The following is an attempt to list some of the more obvious.

1. Leave the Oral Communications as presently established.

2. Change the 1 minute period of Oral Communications to 2 minutes (with the current subject and speaker limitations).

3. Change the 1 minute period of Oral Communications to 2 minutes and the last 3 minute period to 2 minutes (also with the current subject and speaker limitations).

4. Drop the 1 minute period of Oral Communications and leave the other time and subject limitations as they are currently.

5. Drop the 1 minute period of Oral Communications and expand the 4 minute period to 5 minutes, but retain the subject limitations.

6. Drop the 1 minute period of Oral Communications, expand the 4 minute period to 5 minutes, and open it up to any subject within the subject matter jurisdiction of the City Council (no longer limited to just agenda items).

7. Drop the 1 minute period of Oral Communications, expand the 4 minute period to 5 minutes, open it up to any subject within the subject matter jurisdiction of the City Council (no longer limited to just agenda items), and delete the last period of Oral Communications.

8. Change the 1 minute period of Oral Communications to 3 minutes, the 4 minute period to 3 minutes and the last 3 minute period to 2 minutes, all with the same subject and speaker limitations.

I have attached a chart to help summarize these options. 

Staff recommends that these options be discussed and direction provided.  If Council desires to change the current procedure, staff will bring back a resolution to implement that change.

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