HomeMy WebLinkAbout09 - Council Policy A-10 - Public Comments ResponseCITY OF NEWPORT BEACH
AGENDA ITEM NO. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robert H. Burnham, City Attorney
DATE: August 28, 2001
SUBJECT: Public Comments Response
Modification to Council Policy A -10
RECOMMENDED ACTION:
Approve suggested wording changes to Council Policy A -10 pertaining to Council
and /or staff responses to non - agenda public comments.
DISCUSSION:
The Ralph M. Brown Act (Brown Act) specifically provides for public comments
on "non- agenda" items that are `Within the subject matter jurisdiction of the City
Council." The Brown Act also authorizes staff or members of the City Council to
"briefly respond to statements made or questions posed by persons exercising
their public testimony rights..." Staff and the City Council have, as a matter of
practice, generally refrained from responding to public comments.
On August 14, 2001, Mayor Adams suggested that staff and /or members of the
City Council take the opportunity to "briefly respond" to public comments when
appropriate. Mayor Adams indicated that brief responses could provide
additional information that would help the public and /or the speaker better
understand the comments or issues raised by the speaker. Staff has prepared,
and recommends adoption of, the following modifications to Council Policy A -10
to implement the Mayor's suggestion.
"2. Non- agendized Matters. The agenda shall contain a public comment
section during which any member of the public may address the Council on any
non - agenda item generally considered to be a municipal affair and within the
subject matter jurisdiction of the Council. To ensure that all members of the
public have an opportunity to address the council during public comments, each
speaker shall be limited to three (3) minutes and shall immediately step down
City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768
Public Comments Responses
Modification to Council Policy A -10
Page 2
from the lectern upon expiration of the allotted time unless the presiding officer
has granted the speaker's request for additional time. Staff and /or members of
speaker and shall generally be limited to information helpful to the public's
understanding of the issue(s) raised by the speaker. The City Council shall not
take action relative to any public comment unless an action would be authorized
by Section 54954.2(b) of the Government Code.
�- rI,-) ( — st C-7
Mr. Jim Hildreth
120 The Grand Canal
Newport Beach, CA 92662
28 August 2001
Re: Agenda Item Number 9 - Modification
to Council Policy A -10
Newport Beach City Council
3300 Newport Blvd.
Newport Beach, CA 92663
Dear City Council Members:
The last sentence of Agenda Item Number 9 associated with the Modification to
Council Policy A -10 should be of concern to all residents of Newport Beach.
Could this modification be adding legitimacy to the statement made by Mayor
Gary Adams during the 27 March 2001 City Council Meeting's "Public Comments"
when he said, "If you have the feeling that your repeated testimony on this
issue is falling on deaf -ears, it would be a correct opinion." ?
I am reminded of the first time I addressed the City Council, on 12 July 1999:
the City Council gave the response "I thought you were in agreement with
Staff ", to which I retorted "I do not see how that occurred! ". Was this ac-
tion taken by the City Council in violation of Council Policy A -10?
I believe that the driving force for a member of the public in addressing the
City Council is generally his (or her) concern for personal and /or community
well- being. Yet, as I have repeatedly stated, the printed City Council
Minutes do not reflect the true statements, concerns, and meaning made during
"Public Comments ". Will the adoption of this "Modification to Council Policy
A -10 ", with its singular reference of Section 54954.2 (b) in the Government
Code, Section 54950 - 54962, Chapter known as the "Brown Act ", further quell the
views expressed by any member of the public?
This obscure reference to the "Brown Act ", adopted by the State of California
in 1986, concerns mainly that an "Emergency Situation Exists" at the time of a
majority vote. The reason is unclear as to why the City Council would adopt
only this section, with its specialized verbiage, of State legislation. Sec-
tion 54954.3 seems better suited for reference in Council Policy A -10.
Page One (1) of Two (2)
Newport Beach City Council Council Policy A -10 28 August 2001
Members of the community have referred to the modified City Noise Ordinance as
"The Rodman Ordinance ". Will they soon be referring to this modified Council
Policy A -10 as "The Hildreth Policy "?
Should the modified Council Policy A -10 be further viewed as a move by the
City Council to shirk its duty, especially when an individual draws attention
to matters of consequence? I have certainly seen little notice paid by the
City or the City Council to matters brought up by me!
The City Council, as elected officials, has been regarded by many residents of
Newport Beach as comrades, helping them with City - related concerns or
problems. Changing "Public Comments" into nothing more than a sounding board
or a means by which the General Public can vent its frustration will help no
one.
I urge you not to further downgrade your handling of "Public Comments" by al-
lowing yourselves the option to put in the last word, but to give your present
program more backing and credibility!
CC: Daily Pilot
Page Two (2) of Two (2)
Very tr 1 ours,
/Jim H%i retll