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HomeMy WebLinkAbout15. Intro Ord-Amending Rules of Conduct for City Council Mtgs related to Public CommentI I G �11 I'Ll 51 i�� '11111 1111 11111 4 a 0 0 0 0 E Tkt L—VA r 0 � U1 W, SUBJECT: PROPOSED ORDINANCE AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS AS THEY RELATE TO PUBLIC COMMENT RECOMMENDATION That the City Council take the following action: xe-las-Itm On March 8, 2016, the City Council considered a change to the public comment period for City Council meetings. The proposal was to consolidate all public comment into one period at the beginning of the City Council meeting. After discussion of the proposal, no action was taken by the City Council. (See Attachment 4) This item is brought forth at the request of Mayor Rodriguez for the City Council's consideration. For the City Council's consideration is an ordinance proposing to amend Downey Municipal Code Section 2105 regulating the rules of conduct for City Council meetings. Specifically, the ordinance proposes to change the agenda format by creating two public comment periods: (1) the first comment period for members of the public to comment on any agenda items (i.e., consent calendar items/administrative reports); and (2) the second comment period for members of the public to comment on non -agenda items that are within the City Council's jurisdiction. The public comment period for agenda items (i.e., consent calendar items/administrative reports) would be placed near the beginning of the City Council agenda after the public AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS MAY 14, 2019 PAGE 2 hearings. This change would consolidate on -agenda public comments into one period and would no longer require public comment on each item when it is considered by the City Council. The time period for each speaker would be 5 minutes. (See Attachment 3). The public comment period for non -agenda items period would remain the same but is proposed to be placed after the Administrative Reports. The time period for each speaker would remain the same at 5 minutes. (See Attachment 3). Additional language was added to clarify that the Mayor has the discretion to rearrange the agenda as needed for the orderly conduct of the meeting. Public hearings must have their own public comment period as they typically involve property rights that require due process (notice and an opportunity to be heard by all stakeholders). No changes to the public comment rules for public hearings are proposed in this ordinance. FISCAL IMPACT There is no fiscal impact to the General Fund. Public Engagement ATTACHMENTS: Attachment 1: Proposed Ordinance Amending Downey Municipal Code Section 2105 Attachment 2: Redline of Text Changes to Downey Municipal Code Section 2105 Attachment 3: Sample Meeting Agenda Attachment 4: Agenda Report and Minutes of March 8, 2016 Council Meeting 1rm Mee Ty 1;LGJl1V&0JM§ of 1 WHEREAS, the City Council of the City of Downey declares that the business of ihe City is to be conducted in an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and WHEREAS, the City Council values the opinions and comments of the public on matters of city business; and WHEREAS, the City Council desires that all members of the public who attend the City Council meetings have their comments heard at the earliest point in the meeting, and that the public, in turn, may listen to the Council discussion and deliberations on such matters without distraction or disruption; and WHEREAS, Downey City Charter Section 510, consistent with the Ralph FVL_ Brown Act, provides, among other things, that the public shall have the right to address the Council either orally or in writing on matters of City business, but such right shall be subject to reasonable rules and regulations as adopted by ordinance or resolution; and WHEREAS, the City Council wishes to amend the rules of conduct for city council meetings contained in Downey Municipal Code Article 11, Chapter 1 to allow two public comment periods, one for agenda items and one for non -agenda items, in order to provide for the efficient conduct of city business. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby amends the City of Downey Municipal Code, Article 11, Chapter 1, Section 2105 to read as follows: (a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways. (b) All demonstrations, including cheering, yelling, whistling, handclappirz and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited. I ORDINANCE NO. PAGE 2 (c) No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place except with the prior authorization of the Mayor. (d) Smoking is prohibited in the Council Chambers or other meeting place. (e) It is requested that all persons wishing to speak to the Council at the time designated for oral communications shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Mayor. No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. (f) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the five (5) minute time limit, but shall not be repetitious nor digress from the issues before the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five (5) minutes unless such time is extended by the Mayor for good cause. (g) There will be two oral communication periods. The first oral communication period shall for agenda/consent calendar items and shall be a section near the beginning of the City Council Agenda placed after public hearings. During this time members of the public may address the Council on any agenda/consent calendar items. The second oral communication period shall be for non -agenda items related to City Council business or matters within the City Council's subject matter jurisdiction. Each person speaking shall be limited to five (5) minutes per speaker and the maximum time allowed for oral communication may be limited to thirty (30) minutes at the discretion of the Mayor. For good cause, the Mayor may extend the time for individual speakers or the maximum time for oral communications. The Mayor may rearrange the order of items on the agenda to ensure the orderly conduct of the meeting, so long as members of the public are permitted to speak on agenda/consent calendar items before the City Council takes action. (h) At the time that the Consent Calendar is considered, members of the general public or City Council may request that items be removed. Once all such requests have been made, the Council shall determine which items shall be removed from the Consent Calendar. All items that had been removed will be considered by the Council after the Consent Calendar is approved. ORDINANCE NO. PAGE 3 (i) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. (j) Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive. (k) Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. (1) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law." SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place and maintain copies of the City Council meeting rules in the back of the Council Chambers for members of the public. SECTION . The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. • .9 A 0 IVIOCULA MARIA ALICIA DUARTE, CIVIC City Clerk I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular Meeting held on the day of , 2019, by the following vote, to wit: AYES: CounciKTIembers: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: MARIA i. i. DUARTE, CIVIC 'City Clerk DRAFT ONLY -REDLINE OF THE CHANGES TO DMC SECTION 2105 A I e 0 W14 111411111".4114• • ry Conduct at City Council meetings shall be in accordance with the following rules: (a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways. (b) All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited. (c) No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place except with the prior authorization of the Mayor. (d) Smoking is prohibited in the Council Chambers or other meeting place. requested that all persons wishing to speak to the Council a� commui shall state their name, address, an d the subject matter upon which they wish to speak for the record. All speakers who wish to address members of - City Councilor . so throughthe Mayor. No person shall address Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. (f) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the five (5) minute time limit, but shall not be repetitious nor digress from the issues before the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five (5) minutes unless such time is extended by the Mayor for good cause. (g) There will be iv,,ro nig oral communication r;.enpcis- `i he i`i. a o, iLerns -ral i sh&0 be a section near the beginning of the City Council Agenda placed after public hearings. During this time members of the public may address the Council on any gq nW0'e"r'R� c;", 'T (_��^: k, i .✓'� €�� so a sha--1 non -ages a item . r' & ; . , :° d .. U [�`: LL c u d kRibr. Each person speaking shall be limited to five (5) minutes per speaker and the DRAFT ONLY -REDLINE OF THE CHANGES TO DMC SECTION 2105 maximum time allowed for oral communication ; J t :.i, be thirty () minutes a 1I1c; disc Tion' Of [he Ma r;. For good cause, the Mayor may extend the time for individual speakers or the maximum time for oral communications. IC 3c th" 04 h,7-_�);.d} IIG ire S'Lpr'n:-O`wed 20 spaa. on RZ ,.an,�v, �..r„r4<.�t:,rC a.ua�-r":�s..,.. '}.a`r p'',.rr., . „�,r I 4Z. ris "tf, ro' It,Of (i) At the time that the Consent Calendar is considered, members of the general public or members of the City Council may request that items be removed. k i „,Ii'r I.e”' k, � l 4°. ;M all �a��9e�.' G� � C�F��� ;5i t, waa r.. ;f . c� iturr,, (ince all such requests have been made, the Council shall determine which items shall be removed from the Consent Calendar. All items that had been removed will be considered by the Council at'Ler C S,i @"k do9'1 alendar ki 3w 5i/6, f; -L,f Urd".' w -J r rAa,l. TM,4 -Fr r.m e. I y A (A: ria "Cu a x 'L7{a t f � :"�°�.;�:., �°ice i"i:� � , £-^�:t � t- T"R 'r� (����e }. „� h:t f �����#. ( At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive. W Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. (1) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law. MAYOR RICK RODRIGUEZ SEAN ASHTON CLAUDIA FROMETA ALEX SAAB APRIL 2019 l 0 go immmx MR M -1m Council Chambers Downey, ©A 90241 :Vp 10 ©° TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOL «W:«« &UTHORITIES: PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS (Persons wishing to address the City Coun«:t,2 « itemon the Closed Session Agenda may •« «« at this time. Please limit your comments to »,y « ethan 5 minutes) CALL TO ORDER THE REGULAR MEETING OF THE CITY COUNCIL -6:30 P.M. Up «»®«»:2_< Illili FLAG SALUTE: COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS _90434afatmm il R 1 PUBLIC COMMENT - CONSENT CAL.EtJDAR Al"ID ITEMS ObITHE AGENDA This "'j - o W y to� fp�� fist��,kj cq7R. at F I r4 if? In w3��i I �Ive (TIPQ i$ dr( -,d, ou and the h, i-f� ui,ol -�,�vhich vc)o CONSENT CALENDAR All matters listed an the Consent Calendar are to be approved with one motion unless a Council Member request an item be removed. Removed items will be considered following approval of the Consent Calendar. 1. APPROVE MINUTES: — : City Clerk. 2. WARRANTS ISSUED: Warrant Nos. 000000 - 000000; Payroll Wire Nos. 000000 & 000000 - 000000; Manual Wire Nos. 0000 - 0000; and, Cashier's Check numbers 000 - 000, in the total amount of $0,000,000.00: Finance. 3. F-11 W, I I k, 16119 :T -A I kyj :1 :4 :11 R R PUBLIC COMINIENT - tJON_-A(3ENDA ITEMS 111) i", 0 riani For fh,�.-, d.- fid.r, lo a f1a z"- 5,-, the, col i�.,n wuncj on ff e auu�no�,-�- h, i,,- 1­i� no� I lilai ycu �7,11altl p)ul nam,�% adolka-s"S an�.-! 5 -mv)iJ,�,,s, tC�, rvr o rDvvP Alc 1, v the than, �a b�,�W' 16, fh��, 01,i On, ",x C,7,`r 0 fl -1 D"'VIuf, sc Alf, 9310111:4 h'! I Ji 114 0 1111 FIIIIJJRZE•� Supporting documents are available at: ww� City Hall -City Clerk's Department, 11111 Brookshire Avenue, Monday — Friday, 7;30 a.m, — 5.30 p,m.; and, the Downey City Library, 11121 Brookshire Avenue. Video streaming of the meeting is available on the City's website. In compliance with the Americans with Disabilities Act, complete the City's Title 11 ADA Reasonable Accommodation Form located on the City's website and at City Hall- City Clerk's Department, 11111 Brookshire Avenue, Monday — Friday, 7:30 a.m. - 5:30 p.m., and submit to the City Clerk's Department or contact the City Clerk's Department at (562) 904-7280 or the California Relay Service at 7-1-1. Notification at least 48 hours prior to the meeting will enable the City to make arrangements to assure accessibility. The City of Downey does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. The City does not discriminate on the basis of disability in its hiring or employment practices. Questions, concerns, complaints or requests for additional information regarding the Americans with Disabilities Act may be forwarded to the City's ADA/Section 504 Coordinator, 11111 Brookshire Avenue, Downey, CA 90241, ADA(' g; Phone: (562) 299-6619-1 FAX: (562) 923-6388; California Relay 7-1-1. Dated this day of 2019, Maria Afida guarle, CMC, cid Clerk 2 11flUMLLIM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNcICITY MANAGER FROM: OFFICE OF THE CITY MANAGER By: Gilbert A. Livas, City Manager DATE: MARCH 8, 2016 SUBJECT: AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS RECOMMENDATION That the City Council take the following action: INTRODUCE ORDINANCE NO. : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE 11, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS. 1916*41• 6= 0 roa. w! i assis y allowing members of the public to be heard on matters of city business. FISCAL IMPACT I r - • FGTTINTQT• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE 11, CHAPTER 11, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL IfEETINGS WHEREAS, the City Council of the City of Downey declares that the business of the City is to be conducted in -an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and WHEREAS, the City Council values the opinions and comments of the public on matters of city business; and WHEREAS, the City Council desires that all members of the public who attend the City Council meetincls have their comments heard at the earliest point in the meeting, and that the public, in turn, may listen to the Council discussion and deliberations on such matters without distraction or disruption; and WHEREAS, Downey City Charter Section 610, consistent with the Ralph M. Brown Act, provides, among other things, that the public shall have the right to address the Council either orally or in writing on matters of City business, but such right shall be subject to reasonable rules and regulations as adopted by ordinance or resolution; and WHEREAS, the City Council wishes to amend the rules of conduct for city council meetings contained in Downey Municipal Code Article 11, Chapter 1 to allow members of the public to speak on agenda and non -agenda items at the earliest point in the meeting in order to provide for the efficient conduct of city business. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby amends the City of Downey Municipal Code, Article 11, Chapter 1, Section 2105 to read as follows: "SECTION 2105. RULES OF CONDUCT FOR CITY COUNCIL MEETINGS. Conduct at City Council meetings shall be in accordance with the following rules: (6) Unless addressing the City Council or entering or leaving the Council Chambe or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted b the Mayor. No person shall block any doorways. meeting are prohibited. (c) No placards, signs, posters, packages, bundles, suitcases or other large objects shall be brought into the Council Chambers or other meeting place except with the prior authorization of the Mayor. (d) Smoking is prohibited in the Council Chambers or other meeting place, 0 T oils MI, minutes unless such time is extended by the Mayor for good cause. (f) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant may be limited by the five (5) minute time limit, and shall not be repetitious nor digress from the issues before the Council. (g) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings. During this time, members of the public rn 2, t' f 'I LWA & a 0 "- *P .f- •-_ L4 1 rf-.) f- 4A f J ri as C* r& r c i ich directly related to City business. Each person speaking shall be limited to five (5) minute per speaker and the maximum time allowed for oral communication shall be thirty (30) minutes. For good cause the is may extend the time for inddual speakers or the maximum time for oral communications. I (h) At the time that the Consent Calendar is considered, members of the City Council may request that items be removed. Once all such requests have been made, the Council shall determine which items shall be removed from the Consent Calendar. All items that had been removed will be considered by the Council after the Consent Calendar is approved. the end of the regular City Council meeting, staff and members of the City Cilyncil may Arasent any ither •Ysin6ss that is &AArtAriate if City Civncil cinsiieratii& Unless permitted by the Brown Act, the Council may not discuss such items or take action upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by i . 0 1 0 9-11cl ac 0) Members of the audience shall respect the rights of others and shall not create n t ----------------- (k) Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and 1�11041" Members and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers • Council Members • otherwise disrupts the • meeting." 0 SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place maintain copies of the City Council meeting rules in the back of the Council Chambers for members ♦ the public, SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same10 be' publish�d- in the manner prescribed by law. APPROVED AND ADOPTED this ♦_ of —, 2016. �L­EX SAAB, Mayor —1 ;+DRJA M. JIMENEZ, CMC City Clerk ORDINANCE NO. PAGE 4 1 HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular Meeting held on the _ day of 2016, by the following vote, to wit: ADRIA M. JIMENEZ, CIVIC City Clerk 10. ADOPTED RESOLUTION NO. 16-7619, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE "NO PLACE LIKE HOME" SENATE PROPOSAL ON HOMELESSNESS: Administration. Resident, no name provided, commented on the homeless community and monetary assistance for the homeless. OTHER BUSSINESS 12. INTRODUCE ORDINANCE NO. 16- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ATILE II, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS: City Attorney. Council Member Ashton stated he did not have any issues with the current length of public comment time. As a compromise, he suggested having a three minute non -agenda public comment period and a three minute consent calendar public comment period. Mayor Pro Tem Vasquez asked what other cities practice in regards to public comment. City Attorney Abich Garcia stated most cities allow a three minute time period which complies with State law. Council Member Marquez agreed with keeping the current practice but reducing the time to three minutes. Council Member Ashton said he would also like to have a three minute public comment period for administrative reports. Mayor Saab stated he was not in favor of reducing the public comment time period. He would like to have non -agenda public comment at the beginning of the meeting to avoid having speakers wait. Council Member Ashton stated he would like to have a three minute time period for every part of the agenda instead of the proposed one time five minute period and would like the non -agenda public comment time period to be held at a consistent time during the meeting. Council Member Marquez stated he would like a policy changing the public comment time periods to three minutes instead of five minutes, and to have non -agenda public comment time moved to the beginning of the meeting. Council Member Brossmer said he is not in favor of reducing the public comment time and does not want to dictate when the non -agenda public comment period takes place. Council Member Ashton stated his concern was the item being approved had he not pulled it from Consent Calendar. He clarified he did not request this item be placed on the agenda and was not happy with it but was offering the three minute suggestion as a counter proposal to the recommendation but is fine with the way it is now. City Attorney Abich Garcia recommended not limiting the time for public comment on public hearing items involving property rights or Planning Commission appeals in order to allow the applicant or appellant to make an argument on a decision or make their case. She stated the current rules are written to allow the Mayor to use his discretion and extend the amount of time for these issues. Mayor Saab opened this item for public comment. City Council Minutes Regular Meeting — March 8, 2016 4 +F• no name provided, commented against any change to the • comment time and referenced the Ralph M. Brown Act. He questioned if Council Member Ashton is against the public's First Amendment rights. Council Member Ashton replied to the comments made by the resident. He clarified he did not place this item on the agenda and said he suggested the three minute time period per agenda section in counter argument of the proposed change of a one-time five minute public comment period per person. He stated wanting more time for the public to speak and had he not pulled the item it would have been passed and there would only have been a five minute public comment period. There was no action taken on this item. DIRECTION TO STAFF AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH EXPO SHOWS, AND APPROVE ANY AMENDMENTS AS NEEDED, IN A FORM ACCEPTABLE BY THE CITY • Administration. The staff report was provided by Director Salazar. As part of the celebration of the City's 60'" Anniversary, Council asked staff to provide options for hosting a one-time fireworks show during the Fourth of July weekend. Director Salazar explained there are several options available including costs dependent upon the scale of the desired event, and the date selected by the Council. She advised the City Council Downey High School is the only location available to hold the event. Council Member Brossmer stated his vote was to hold the celebration on July 4. Mayor Saab concurred with July 4. Council Member Ashton stated he was opposed to holding the celebration due to the surveying of a proposed tax increase and said he does not think it is a good idea unless there is sponsorship. Council Member Marquez said he was in agreement with July 4. Mayor Pro Tem Vasquez agreed with July 4. Council Member Brossmer suggested contracting with Expo Shows based on the lower cost. Mayor Saab said in the past, the cost of this type of event was significantly offset by sponsorships. He mentioned he has already spoken to members of the community about sponsorship and said this would be a community event that could substitute having fireworks at home including illegal fireworks. He prefers the medium option for the celebration and said it is well worth celebrating the City's 60"' Anniversary, Council Member Brossmer stated his agreement with Mayor Saab and commented on the other events held throughout the year which are more costly. He said it is the Council's job to inform the public. He encouraged staff to seek fundraising and donations to offset the cost and said it is a worthwhile event at that level. Mayor Pro Tern Vasquez asked if the full cost of the previous fireworks event was offset through sponsorship. City Manager Livas stated a significant portion was offset. City Council Minutes Regular Meeting — March 8, 2016 5