CC 2024-08-27_5 Closed SessionFrom the Desk of Julie Tacker
1
August 18, 2024
City of Arroyo Grande
300 E Branch Street
Arroyo Grande, CA 93420
RE: Demand for Cure and Correct
Dear Arroyo Grande City Council,
This letter is to call your attention to a material violation of a central provision of the Ralph
M. Brown Act. This violation jeopardizes the finality of the action taken by the Arroyo
Grande City Council during the regular meeting of Tuesday, August 13, 2024, when your
council voted to amend your policies and procedures to limit public comment for items not
on the agenda to one minute.
Violation Occurred
Government Code Section 54954.2 (3) states, “No action or discussion shall be undertaken
on any item not appearing on the posted agenda, …”
It has come to my attention that during the August 13, 2024, meeting under consent item
9.f. Updates to City Handbook, your council reduced public comment for items not on the
agenda to one-minute. There was no mention on the agenda or in the staff report that the
duration of public comment for items not on the agenda would be shortened to one minute
(or any other number of minutes).
As you know, consent items are generally routine or “non-controversial” items. To reduce
the public’s time to address its representatives is nontrivial. Furthermore, had the staff
report specified a reduction in the duration of public comment for items not on the agenda,
it is my opinion more citizens would have attended Tuesday’s meeting to object. The
public that was in attendance objected to reducing the public’s ability to speak for three
minutes.
The staff report does identify changes to the Public Comment section of the City Handbook.
The changes specified were limited to sections 4.7 and 4.8 having been added were “to
provide guidelines for the public’s participation in public meetings including written and
oral public comment as well as the use of visual aids during public comment.”
With regard to the specific addition of section 4.7 of the City Handbook, please direct your
attention to the pertinent section that addresses the duration of public comment for items
not on the agenda, 4.7.(e)(i); “Members of the public may address the City Council on items
that are not on the printed agenda during the Community Comments and Suggestions portion
of the Agenda. A time limit of three minutes is provided [emphasis added]. A speaker may
not yield time to another speaker.”
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Closed SessionPage 6 of 306
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