HomeMy WebLinkAbout1994-046
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RESOLUTION NO. 94-46
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING REGULATIONS RELATING TO POSTING OF THE
AGENDA AND THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON
AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT AND
REPEALING RESOLUTIONS NOS. 87-1, 87-60 AND 88-280
WHEREAS, Government Code S54954.2, as part of the Ralph M.
Brown Act (Government Code S54950 et seq.), requires that agendas
of regular meetings of public bodies must be posted at least 72
hours before any such regular meeting at a location that is freely
accessible to members of the public, and
WHEREAS,
wi th specified exceptions,
Government Code
SS54954.2 and 54954.3 require that the legislative body of a local
agency may not take action on items of business not appearing on
the posted agenda, and
WHEREAS, Government Code S54954.3 requires that each agenda
for regular meetings shall provide an opportunity for members of
the public to directly address the legislative body of a local
agency on items of interest to the public that are wi thin the
subject matter jurisdiction of the legislative body, and
WHEREAS, Government Code S54954.3(b) provides that the
legislative body of a local agency may adopt reasonable
regulations relating to time limits for such speakers, and
WHEREAS, the City of San Bernardino falls within the
definition of the Government Code S54951 of the Brown Act as a
local agency subject to the terms of the Act, and
WHEREAS, the Mayor and Common Council of the City of San
Bernardino fall within the definition of Government Code S54952 as
a legislative body under the Act,
NOW, THEREFORE, the Mayor and Common Council of the City of
DAB/js [Agenda.Res]
1
January 14, 1994
i/~ 'If
1 San Bernardino do resolve as follows:
2 1. At least 72 hours before a regular meeting of the Mayor
3 and Common Council of the City of San Bernardino, the City Clerk
4 shall post an agenda containing a brief general description of
5 each item of business to be transacted or discussed at the
6 meeting.
7 2. The agenda shall specify the time and location of the
8 regular meeting.
9 3. The agenda shall be posted in or near the entry way to
10 the Council Chambers in City Hall, in the reference room of the
11 Norman F. Feldheym Public Library in the City of San Bernardino,
12 and at such other locations as the City Clerk shall determine from
13 time to time to assure that the information on each such agenda is
14 freely accessible to members of the public.
15 4. Except as otherwise provided by law, no business shall
16 be discussed at a meeting which is covered by a posted agenda
17 unless the item is listed on the agenda.
18 5. Every agenda for regular meetings of the Mayor and
19 Common Council shall provide an opportunity for members of the
20 public to directly address the Mayor and Common Council on items
21 of interest to the public that are within the subject matter
22 jurisdiction of the Mayor and Common Council and every agenda for
23 regular meetings shall contain a notice to the public of that
24 opportunity and specifying the procedures and limitations.
25 6. A three-minute limitation shall apply to each member of
26 the public addressing the Mayor and Common Council either on an
27 agenda item or under public comments.
28 7. The speaker may request a two-minute time extension
DAB/js [Agenda.Res] 2 January 14, 1994
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which may be granted in the discretion of the Mayor and Common
Council.
Subsequent two-minute time extensions may also be
requested.
8. The total time for public comments on items not on the
agenda for all speakers shall not exceed forty-five (45) minutes,
unless such time limit is extended by the Mayor and Common
Council.
9. Any member of the public may address the Mayor and
Common Council either on any item appearing on the agenda, or
during the public comments item on any item within the subject
matter jurisdiction of the Mayor and Common Council but not on the
agenda, by approaching the public microphone when the item about
which the member desires to speak is called, and by asking to be
recognized.
10. No member of the public shall be permitted to "share"
his or her allotted time with any other member of the public.
11. The Mayor and Common Council may refer any items raised
by the public under "public comments" or any matter relating to an
item appearing on the agenda to any commission, board, bureau, or
committee for appropriate action or have the item or matter placed
on the next agenda of the Mayor and Common Council.
12. No other action shall be taken nor discussion held by
the Mayor and Common Council on an item which does not appear on
the agenda unless the action is otherwise authorized in accordance
with the provisions of subdivision (b) of section 54954.2 of the
Government Code.
13. The Mayor is authorized to limit comments of the public
either under public comments or relating to an item on the agenda
DAB/js [Agenda.Res]
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January 14. 1994
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"
1 in the event such comments are merely repetitive of prior
2 presentation.
3
14. Resolutions Nos. 87-1, 87-60 and 88-280 are hereby
4 repealed.
5 I HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
7th day of March
, 1994, by the following vote, to-wit:
AYES NAYS ABSTAIN ABSENT
x
x
x
x
x
x
x
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
t.?'L~A,L (:.. C ( fe, A../c.
City--'Clerk
The foregoing Resolution is hereby approved this ~\-h day
of
March
, 1994.
,
./) C;' ,7P(",~~; i-r,
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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January 14. 1994
DAB/js {Agenda.Res]