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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Amending Section 7.1 of
Resolution No. 94-46 Relating to Time Limitations of an
Appellant or a Named Party, and Other Speakers, on the
Same Agenda Item.
Date:
September 2, 200 RIG I N A L
Synopsis of Previous Council Action:
March 7.1994 - Adoption of 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.
February 6. 1995 - Adoption of Resolution No. 95-27: Resolution of the Mayor and Common Council of the
City of San Bernardino Amending Resolution No. 94-46 Relating to Posting of the Agenda and the Length
of Public Comments.
Recommended motion:
Adopt Resolution.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
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Agenda Item No. 40
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STAFF REPORT
Council Meeting Date: September 7, 2004
TO:
DATE:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
September 2, 2004
Resolution of the Mayor and Common Council of the City of San Bernardino
amending Section 7.1 of Resolution No. 94-96 relating to time limitations of an
appellant or a named party, and other speakers, on the same agenda item
(Agenda Item #40).
On February 6, 1995, the Mayor and Common Council adopted Resolution No. 95-27, which
added Section 7.1 to Resolution No. 94-46 to read as follows:
"7.1 An appellant or a named party to an agenda item shall not
be subject to the time limitations on that item otherwise specified in
these rules, but shall be subject to reasonable limitations as determined
by the Mayor and Common Council."
The proposed resolution would add an additional sentence at the end of Section 7.1 to permit
the same reasonable limitations (as opposed to the three minute rule) for all speakers at quasi-judicial
hearings conducted by the Mayor and Common Council/Community Development Commission.
Quasi-judicial hearings (which generally, but not always, involve a property right) are more
probable to subsequent judicial review because of the nature of the subject matter. In that regard,
permitting all speakers at such a hearing "equal time" (rather than the appellant or named party being
the only ones not limited by the three minute rule) better ensures the City's ability to withstand a
legal challenge on the issue of disparate treatment (Le. denial of due process). While the practice
for several years has been, in essence, to allow speakers at such hearings the "reasonable limitations"
approach, formally changing Section 7.1 to reflect this practice is most advisable.
It is respectfully requested that the proposed resolution be adopted.
,
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RESOLU~JtJ ~ 'JL
2 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING SECTION 7.1 OF RESOLUTION NO. 94-46 RELATING
3 TO TIME LIMITATIONS OF AN APPELLANT OR A NAMED PARTY, AND OTHER
SPEAKERS, ON TIlE SAME AGENDA ITEM.
4
BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. Section 7.1 of Resolution No. 94-46, which was added by the adoption of
Resolution No. 95-27, relating to time limitations of an appellant or a named party, and other
speakers, on the same agenda item, is hereby amended to now read in its entirety as follows:
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"7.1 An appellant or a named party to an agenda item shall not be subject
to the time limitations on that item otherwise specified in these rules, but shall be
subject to reasonable limitations as determined by the Mayor and Common
Council. Whenever the Mayor and Common Council/Community Develop-
ment Commission are conducting a quasi-judicial hearing (generally, but not
always, involving a property right), all speakers at such hearing shall also not
be subject to the time limitations on that item otherwise specified in these rules,
but shall be subject to reasonable limitations as determined by the Mayor and
Common Council."
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TilE CITY OF
SAN BERNARDINO Ai\1ENDING SECTION 7.1 OF RESOLUTION NO. 94-46 RELATING
2
TO TIME LIMITATIONS OF AN APPELLANT OR A NAMED PARTY, AND OTHER
3 SPEAKERS, ON THE SAME AGENDA ITEM.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
II DERRY
12 KELLEY
C 13 JOHNSON
14 MCCAMMACK
IS
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, 2004, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino