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! CITY OF SAN BERNAFINO - REQUEST Foe COUNCIL ACTION
Date: January 13, 1993
Subject: Resolution authorizing the placement of
the Public Comments section at the end
of the Council Agenda and limiting the
amount of time the public may use to
address an item on the Agenda to three
(3) minutes.
From: W. R. "Bob" Holcomb, Mayor
It:
Synopsis of Previous Council action:
July 27, 1988 - Resolution No. 88-280 was adopted relative to addressing the Mayor and
Council during the public comments section of the Agenda.
Recommended motion: Adopt resolution.
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Contact person: W. R. "Bob" Holcomb
Phone:
5133
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
<ecil Notes:
75-0262
Agenda Item No.
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.CITY OF SAN BERNA'iINO - REQUEST FO, COUNCIL ACTION
STAFF REPORT
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Resolution No. 87-1 which was adopted by the Mayor and Common
Council on January 8, 1987 adopts the procedures for compliance
with new provisions of the Ralph M. Brown Open Meetings Act. Among
the procedures set forth in the resolution was the method by which
the public could address the Mayor and Common Council concerning
items not on the Council Agenda -- the Public Comment section.
Over the years, to preserve procedural order and to facilitate the
efficient conduct of the meetings of the Mayor and Common Council,
amendments to this resolution were recommended and adopted. In
keeping with this practice, the attached resolution which places
the public comment section at the end of the Council Agenda and
restricts the time an individual can speak to an item on the Agenda
to three (3) minutes, unless otherwise extended by the Mayor and
Common Council is recommended for approval.
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75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 88-280 ENTITLED IN PART "RESOLUTION. . . ADOPTING PROCEDURES
FOR COMPLIANCE WITH . . . RALPH M. BROWN . . . ACT"; . . . AND
AMENDING RESOLUTION NO. 87-60 ENTITLED IN PART 'RESOLUTION. . .
AMENDING RESOLUTION NO. 87-1 . . . " TO PLACE THE "PUBLIC COMMENTS
ON ITEMS NOT ON AGENDA" AS THE LAST ITEM ON THE AGENDA OF THE
MEETINGS OF THE MAYOR AND COUNCIL, AND TO PROVIDE THAT PUBLIC
COMMENT TIME TO ADDRESS MATTERS ALREADY LISTED ON THE REGULAR OR
SUPPLEMENTAL AGENDA BE LIMITED TO THREE (3) MINUTES, UNLESS SUCH
TIME LIMIT IS EXTENDED BY THE MAYOR AND COMMON COUNCIL WITH
CERTAIN EXCEPTIONS; AND AUTHORIZING AND DIRECTING STAFF TO PREPARE
A COMPOSITE DOCUMENT OF SUCH PROCEDURES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
88-280
amended
(which
Resolution
No.
11 Resolution Nos. 87-60 and 87-1) Section 1, Subsections Band Care
12 amended to read as follows:
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"B. Every agenda .for regular meetings of the Mayor and
Common Council shall provide an opportunity for members of the
public to directly address the legislative body on items of
16 interest to the public that are within the subject matter
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jurisdiction of the legislative body.
Each copy of the agenda
shall contain the following notice:
'NOTICE: Upon recognition by the Mayor, any member of the
public may address this meeting of the Mayor and Common Council on
any item appearing on the agenda for a length of time not to
exceed three (3) minutes, unless such time is extended by the
Mayor or Common Council, by approaching the microphone in the
Council Chambers when the item about which the member desires to
speak is called, and by asking to be recognized. No member of the
public shall be permitted to "share" his/her three minutes. Such
three minute limitation shall not apply to appeals filed with the
Mayor and Common Council nor to noticed public hearings. Such
DAB:kfmlPUBLCOMM.RESJ
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January 14. 1993
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comments shall be relevant to the agenda item under discussion.
Any member of the public desiring to speak to the Mayor and Common
Council concerning any matter not on the agenda but which is
within the subject jurisdiction of the Mayor and Common Council,
may address the body at the end of the meeting, during the period
reserved for public comment, said total period for public comment
shall not exceed thirty (30) minutes, unless such time limit is
extended by the Mayor or Common Council. A five-minute limitation
shall apply to each member of the public, unless such time limit
is extended by the Mayor or Common Council. No member of the
public shall be permitted to "share" his/her five minutes with any
other member of the public. The Mayor and Common Council may
refer any items raised by the public to staff, or to any
commission, board, bureau or committee for appropriate action or
have the item placed on a future agenda of the Mayor and Common
Council. However, no other action shall be taken nor discussion
held by the Mayor and Common Council on any 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.'
C. The City Clerk shall include on every agenda of a
regular meeting, as the last item on said agenda, prior to
adjournment, the opportunity for public comment on matters which
are not on the agenda, headed 'Public Comments on Items Not on
Agenda'. Any member of the public choosing to speak on a matter
not on the agenda may approach the microphone when the "public
comments" item is called, and upon being recognized by the Mayor,
may address the Mayor and Common Council. The Mayor or Common
DAB:kfm[PUBLCOMM.RESl -2- January 14.1993
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Council may refer any items raised by the public to staff or to
any commission, board, bureau, or committee for appropriate action
or place said items on a future agenda of the Mayor and Common
Council."
SECTION 2. Resolution No. 87-60, Section 2, Subsection
G amended to read as follows:
"G. Items on the agenda shall be spoken to when said item
is called and pUblic comments on these items will be limited to
three (3) minutes unless otherwise extended by the Mayor or Common
Council. Such three minute limitation shall not apply to appeals
filed with the Mayor and Common Council nor to noticed public
hearings. Such comments shall be relevant to the agenda item
under discussion. The public comment time at the end of the
agenda shall not be used to address matters already listed on the
regular agenda or any supplemental agenda for the day in
question."
SECTION 3. Staff is authorized and directed to prepare
and maintain a composite document showing the procedures for
complying with the Ralph M. Brown Act as adopted in Resolution
Nos. 87-1, 87-60, 88-280 as well as this and future resolutions.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1993, by the following vote, to wit:
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DAB:kfm[PUBLCDMM.RESI
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January 14. 1993
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
88-280 ENTITLED IN PART "RESOLUTION. . . ADOPTING
COMPLIANCE WITH THE RALPH M. BROWN. . . ACT"; . .
RESOLUTION NO. 87-60 ENTITLED IN PART "RESOLUTION
RESOLUTION NO. 87-1. "
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
RESOLUTION NO.
PROCEDURES FOR
AND AMENDING
AMENDING
AYES
NAYS
ABSTAIN
City Clerk
of
The foregoing resolution is hereby approved this
, 1993.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
W. R. Holcomb, Mayor
City of San Bernardino
DAB:kfm[PUBLCOMM.RESJ
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ABSENT
day
January 14. 1993