HomeMy WebLinkAbout02-City Manager
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Charles McNeely, City Manager
Subject: Agenda for the Mayor and
Common Council Workshop on July 21,
2011
Dept: City Manager's Office
ORIGINAL
Date July 18,2011
Meeting Date: July 21,2011
Synopsis of Previous Council Action
September 17, 1984 - Mayor and Common Council adopted Procedural Rules for Meetings of
the Legislative Body, Resolution 84-371.
March 9, 1994 - Mayor and Common Council adopted regulations pertaining to the posting of
the agenda and length of time for public comments, Resolution 94-46.
February 9. 1995 - Mayor and Common Council adopted a Resolution amending Resolution 94-
46 relating to the posting of the agenda and length of public comments,
Resolution 95-27.
July 21,1997 - Mayor and Common Council adopted a Resolution to limit the speaking time of
Council Members and designated others to three minutes until the Mayor and all
other Council Members and designated others have had an opportunity to speak,
Resolution 97-221.
May 25, 2010 - Mayor and Common Council discussed and recommended changes to the
Operational Guidelines and Code of Conduct.
June 8, 2010 - Mayor and Common Council discussed and recommended changes to the
Operational Guidelines and Code of Conduct.
August 2, 20 I 0 - Mayor and Common Council adopted Operational Guidelines which included a
Code of Conduct for the Mayor and Common Council, Agenda Guidelines, and
Council Committee Guidelines, Resolution 2010-252.
April 18, 2011 - Mayor and Common Council scheduled a discussion of the procedures and
operating guidelines for the April 26, 20 II, Mayor and Common Council
Workshop.
April 26, 2011 - Mayor and Common Council discussed operating processes, procedures,
regulations, restrictions, and guidelines regarding operations, meetings, agendas
and other processes and directed staff to schedule another workshop to consider
this matter.
Recommended Motions:
That the Mayor and Common Council procedures, ~uidelines, and Code of Conduct be discussed
at the July 21,2011, Workshop, and that the cOi,1I direc staffaccon ingly.
.
I
CONT ACT PERSON: Andrea Travis-Miller, Assistant City Manager
Phone: 384-5122
SUPPORTING DATA: Staff Report, Resolution,
Ward: All
Agenda Item No. c;:2
t17-cJ.l-ClcJ/f
Staff Report
Subiect:
Agenda for the Mayor and Common Council Workshop on July 21,2011.
Backl!round:
During the Building a Better Community retreat held in March 2010, and follow up
workshops, the Mayor and Common Council addressed a number of operational
guidelines and procedures intended to enhance the professionalism, effectiveness and
efficiency of the organization. Thereafter, on April 26, 2011, the Mayor and Common
Council further discussed the operating processes, procedures, regulations, restrictions
and guidelines related to operations, meetings, agendas and other processes. A list of the
specific issues discussed at the April 26, 2011, workshop is included as Attachment A.
Following this discussion, the Mayor and Common Council directed staff to schedule
another workshop to consider these issues further.
Council Member Virginia Marquez had requested that the April 26, 2011, meeting be
scheduled and the operating guidelines be discussed. The Council's procedures and
operating guidelines discussed (Attachment B) includes Council procedural rules and
various resolutions.
Recommendations:
It is recommended that the Mayor and Common Council:
I. Review and discuss the procedures and operating guidelines; and
2. Direct staff accordingly.
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A TT ACHMENT B
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Virginia Marquez Subject: Agenda for Mayor and Common Council
Council Member, I" Ward Workshop on April 26, 2011
Council Office
Dept:
Date:
File:
April 13, 2011
MCC Date:
April 18, 2011
Synopsis of Previous Council Action:
September 17, 1984 _ Mayor and Common Council adopted Procedural Rules for Meetings of the
Legislative Body, Resolution 84-371.
March 9, 1994 _ Mayor and Common Council adopted regulations relating to posting of the agenda and
length oftime for public comments, Resolution 94-46.
February 9, 1995 - Mayor and Common Council adopted a Resolution amending Resolution 94-46 relating
to posting of the agenda and the length of public comments, Resolution 95-27.
July 21, 1997 _ Mayor and Common Council adopted a Resolution to limit the speaking time of Council
Members and Designated Others to 3 minutes until the Mayor and all other Council Members and
Designated Others have had an opportunity to speak, Resolution 97-221.
May 25, 2010 _ Mayor and Common Council discussed and recommended changes to the Operational
Guidelines Code of Conduct.
June 8, 2010 _ Mayor and Common Council discussed and recommended changes to the Operational
Guidelines Code of Conduct.
August 2, 2010 _ Mayor and Common Council adopted Operational Guidelines which inClude a Code of
Conduct for the Mayor and Common Council, Agenda Guidelines and Coullcil Committee Guidelines,
Resolution 2010-252.
Recommended Motion:
That the Mayor and Common Council procedures and operating guidelines be discussed at the
April 26,2011 Mayor and Common Coullcil Workshop.
. /7
, A..C~~/fl4>>h""
Virginia Marqu (/ 0-
Council Mem ,1" Ward
Contact Person: Virginia Marquez
Council Member. I" Ward
Supporting data attached: Staff Report, Attachments A through E
Phone:
5268
All
Ward(s):
FUNDING REQUIREMENTS:
Amount:
None
Council Notes:
Agenda Item No:
MICC Date:
21
04/1812011
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Agenda for Mayor and Common Council Workshop on April 26, 2011
Baek2round:
During the Building a Better Community retreat, held in March of 2010, one of the strategic
initiatives presented for discussion was a Review of the Boards and Commissions. The purpose
of that review was to improve the etliciency of Mayor and Common Council appointed Boards
and Commissions to ensure that they are being utilized in a manner that provides the best
representation of the Mayor and Common Council. Although the Mayor and Common Council
deferred the review of this initiative at that time, the topic is now scheduled to be discussed at a
workshop on April 26, 2011.
Also, during the Building a Better Community retreat, the Mayor and Common Council were
presented with a number of Operational Guidelines, including a Code of Conduct for the Mayor
and Common Council, Agenda Guidelines, and Council Committee Guidelines. On
August 2, 2010, the Mayor and Common Council adopted the Operating Guidelines which
included a Code of Conduct (Attachment A).
Section 3 of the adopted Code of Conduct Guidelines states,
"The Mayor and members of the Common Council shall perform their duties in
accordance with the procedural rules for meetings established by them, in governing the
deliberation of public policy issues..."
Over the course of the past year, there have been references made to the Council Procedural
Rules during the discussion of a number of Council agenda items. These procedural rules and
regulations, which were adopted by the Mayor and Common Council on September 17, 1984, are
attached (Attachment B). Further, on March 9, 1994, the Mayor and Common Council adopted
the attached Resolution 94-46 which outlined the regulations related to agenda posting and the
length of time for public comments (Attachment C). These regulations were amended by the
Mayor and Common Council on by Resolution 95-27 on February 9, 1995 (Attachment D) and
again by Resolution 97-221 on July 23. 1997 (Attachment E). The latter adopted regulations to
limit the speaking time of Council Members and Designated Others.
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As these Council Procedural Rules and regulations impact the conducting of the meetings and
other operations of the Mayor and Common Council. Councilmember Marquez is requesting that
the topic of Mayor and Common Council procedures and operating guidelines be added to the
agenda for the April 26 workshop. This recommendation would broaden the agenda for that
meeting to allow for discussion and possible action on all operating processes. procedures,
regulations, restrictions or guidelines of the Mayor and Common Council, such as closed session
procedures and attendance for Council and Committee meetings. the supervisory function of the
Council Office, the operation guidelines and scope of Council Committees, and all items
included in the Code of Conduct Guidelines.
Recommendation:
That the Mayor and Common Council procedures and operating guidelines be discussed at the
April 26, 2011 Mayor and Common Council Workshop.
2
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ATTACHMENT "Art .
1 RESOLUTION NO. 2010-252
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING
OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT roR THE
3 MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL
COMMITl'EE GUIDELINES
4
5
WHEREAS, as part of the Building a Better Community retreat, the Mayor and Common
Council were presented with Operational Guidelines ("Operational Guidelines"); and
WHEREAS, the Openational Guidelines have been developed to provide better and more
efficient communication between elected officials, staff. and the public; and
WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to
provide efficient procedures for elected officials to follow to assure public contldenoe in the integrity
of local government, its effective operations, and fair treatment of people, and
WHEREAS, the Agenda Guidelines and Council Committee Guidelines are intended to
provide procedures for staff' and elected officials to follow to assure clear direction for agenda
6
7
8
9
10
11
12
13
preparation, posting requirements and deadlines; and
14
WHEREAS, the Mayor and Common Council have been given the opportunity to review
15
16
and make desired modifications to the Openational Guidelines; and
WHEREAS, the Openational Guidelines have been developed pursuant to the applicable
provisions of the San Bernardino City Charter and reviewed by the City Attorney.
17
18
19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
20
21
SECTION I. The Operational Guidelines, inclusive of the Code of Conduct for the
Mayor and Common Council, the Agenda Guidelines, and the Council Committee GuideJines, all
22
as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted.
23
SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier
24
date.
25
SECTION 3. The Openational Guidelines shall become effective upon adoption of this
26
resolution.
27
III
28
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2010-252
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING
OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONOuer FOR
THE MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL
COMMITTEE GUIDELINES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint reaulallIlCCting thereof, held
,2010 by the following vote, to wit:
ABSTAIN ABSENT
on the 2"d day of A..g"~~
Council Members:
AYES NAYS
~
x
-
x
.-1L
X
-
x
x
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
K~h.~
Rachel G. Clark. City Clerk
The foregoing resolution is hereby approved this ~ day of
,2010.
AURust
~
. . Morris, Mayor ~
City of San Bernardino
20
21
22 Appro ed as to form:
23
24
25
26
27
28
F. PENMAN.
Attorney
July 28, 2010
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2010-252
{{Building a Better Community"
Exhibit A
.
CODEOFCONDUCT~UIDEL~S
1. Genel'lll Overview
The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and
accountable local government which has earned the public's full confidence for integrity. The
City will operate in an open, honest and transparent manner. To this end, the Mayor and
Common Council of the City of San Bernardino have adopted a Code of Conduct for its
members to assure public confidence in the integrity of local government, its effective
operations, and fair treatment of people
2. Rules of Decorum
The professional and personal conduct of the Mayor and Common Council must be above
reproach and avoid the appearance of impropriety. The Mayor and members of the Common
Council shall refrain from abusive conduct, personal or verbal attacks upon the character or
motives of each other, the staff or the public.
3. ResDect for tbe Process
The Mayor and members of the Common Council shall perform their duties in accordance with
the procedural rules for meetings, established by them, in governing the deliberation of public
policy issues, involvement of the public and the implementation of policy decisions of the
Mayor and Common Council by City staff.
4. Conduct of Public Medina
The Mayor and Common Council shall prepare themselves for public issues; listen courteously
and attentively to all public discussions before the body; and focus on the business at hand.
They shall refrain from interrupting other speakers; making personal comments not germane to
the business of the body; or otherwise interfering with the orderly conduct of meetings.
S. Decision. based on Merit
The Mayor and Common Council shall base their decisions on the merits and substance of the
matter at hand, rather than on unrelated considerations.
6. Sbarlnl[ ofInformation on Issue. under Consideration
The Mayor and Common Council shall publicly share substantive information that is relevant
to the matter under their consideration, which they may have received from sources outside of
the public decision-making process.
7. ConOlct afIntere.t
In order to assure their independence and impartiality on behalf of the cornmon good, the
Mayor and Common Council shall not use their official positions to influence govenunent
decisions in which they have a material fmancial interest; or where they have an organizational
responsibility or personal relationship which may give the appearance of a conflict of interest.
8. Gifts and Favors
The Mayor and Common Council shall not take any special advantage of services or
opportunities for personal gain, by virtue of their public office that is not available to the public
in general. They shall refrain from accepting any gifts, favors or promises of future benefits
which might compromise their independence of judgment or action, or give the appearance of
being compromised.
Page 1 of8
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2010-252
"Building a Better Community"
Name of PrOflram: Operational Guidelines
PToRTam:CodeofConduct
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.
9. Confidential Information
The Mayor and Common Council shall respect the confidentiality of information concerning
the property, personnel or affairs of the City. They shall neither disclose confidential
information without proper legal authorization, nor use such information to advance their
personal, financial or other private interest.
10, Ule of Public Relourees
The Mayor and Common Council shall not use public resources that are not available to the
public in general, such as City staff time, equipment, supplies or facilities for private gain or
personal purposes.
u. Independence of Boardl and Commilslons
The Mayor and Common Council shall refrain from using their position to unduly influence the
deliberations or outcomes of commission proceedings.
12. PolicvRoleofMemben
The Mayor and Common Council are responsible for setting clear direction and policies and for
holding the City Manager accountable for achieving those policies.
The Mayor and Common Council should respect and adhere to the established procedures of
city govemment whereby the Council determines the policies of the City with the advice,
information and analysis provided by the public, commissions and City staff.
The Mayor and Common Council should not interfere with the administrative functions of the
City or the professional duties of City staff; nor should they impair the ability of staff to
implement Council policy decisions per City Charter Section 104.
The Mayor and Common Council will not divert management from the approved priorities with
issues of personal interest or requests for information that may require significant staff
resources without the active approval of the majority of the Mayor and Common Council. The
Council will come to consensus regarding major issues that need further exploration and
analysis so as to judiciously assign tasks to the City Manager and his staff. This language does
not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from
bringing information forward and discussing it with the City Manager and/or Staff.
13. rublle R,lations
When the Mayor and Common Council have not taken a position on an issue, neither the
Mayor nor any Councilmember should speak on behalf of the Mayor and Common Council.
When presenting their individual opinions and positions, councilmembers should explicitly
state that they do not represent their body, the City of San Bernardino, nor should they
encourage the inference that they do.
After a decision is made, the Mayor serves as the spokesperson for the City's view on policy
matters; the Common Council should speak with "one voice."
14. Positive Work Place Environment
The Mayor and Common Council shall support the maintenance of a positive and constrUctive
work place environment for City employees and for residents and businesses dealing with the
City. The Mayor and Common Council shall recognize their special role in dealings with City
employees and in no way create the perception of inappropriate direction to staff.
Page 2 of 8
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2010-252
"Building a Better Community"
Name of PTOllTam: Operational Guidelines
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15. Communication with City Manal!er aDd Staff
. The City Manager is responsible for managing the day-to-day operations of City government.
. Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the
City Manager before going to Department Directors.
. When contacting Department Directors through e-mail, the Mayor and Council members will
copy the City Manager as a courtesy.
. The City Manager will ensure that the Mayor and Common Council are proactively informed
on major policy issues or issues that may attract media or public attention; likewise, ~ Mayor
and Common Council members will give the City Manager notice if he or she learns of issues
of concern.
. The Mayor. Common Council, City Manager and staff will not blindside each other in public.
. Council members are encouraged to submit questions on agenda items to the City Manager as
far in advance of the meeting as possible so that staff can be prepared to respond at the
meeting.
. The Mayor and Common Council should not criticize staff in public.
. The Mayor and Common Council will refer citizen complaints to staff and give them adequate
time to respond. Staff will report back to the Council through the City Manager on the
resolutions of these complaints.
. The Mayor and Councilmembers will be provided with information from staff and other
members on an equal basis so that they are equally prepared to make good decisions.
16. ComDUaDce and Enloreement
The Code of Conduct expresses standards of ethical conduct expected of the Mayor and
Common Council. The protocols are intended to be self-enforcing; members themselves have
the primary responsibility to assure that the standards are understood and met. The Mayor has
the additional responsibility to intervene when the actions of Council members appear to be in
violation of the Code during the process of conducting the Council meetings.
17. Community Develonment Commission
This code of conduct shall also apply to the Community Development Commission and its
Chairman.
Page 3 of8
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2010-252
"Building a Better Community"
Nam6 of P,o"rtlm: Operational Guidelines
Program: Agenda Guidelines
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AGENDA GUIDELINES FOR BRINGING MATIERS BEFORE COMMON COUNCIL
1. P!acinl! Matte" On The Al!cndB
In addition to matters pending before any committee, commission or other advisory body of the
Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on
the agenda by the Mayor, Council Members, City Clerk, City Attorney, City Treasurer, and
City Manager.
All written petitions, communications, and other matters to be submitted to the City Council for
inclusion in the agenda packet for consideration at a regular or adjourned regular meeting
should be delivered to the City Manager's Office no later than the time established by current
administrative policy.
The City Clerk shall compile the agenda, listing all matters to be considered by the Council
according to the order of business, numbering each item consecutively.
2. Submission of Al!cnda Item Staff Reoorts
Mayor and Common Council staff reports and back-up material should be prepared and
submitted to the City Manager's Office two weeks prior to each regular Common Council
meeting at which the item shall be heard. If an item has been continued to a future meeting and
requires new or additional back -up material, it shall be due within one week of the following
meeting.
3. preoaration and Distribution of the Al!enda Packet
The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior
to each regular Common Council meeting. A copy of the agenda, with accompanying staff
reports and other background materials, should be delivered to the Mayor and each Council
Member so as to be available no later than the Thursday preceding the Council meeting.
Except in the case of items qualifying on which the need to take action arose after the agenda
was posted per the Brown Act, no item shall be considered by the Mayor and Common Council
if not included on the agenda. However, a correction or supplement to an item already
contained in the packet may be included.
4. PostiOI! of Al!cnda
The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular
Meeting at least 72 hours in advance of said meeting in a location that is freely accessible to
members of the public. The City Clerk shall maintain an affidavit indicating the location, date
and time of posting each agenda.
5. F,lIure to Meet Deadlines
The City Clerk shall not, without the consent of the City Manager, accept any new agenda item
after the deadlines established in the administrative policies except items from the Mayor and
Council Members, City Treasurer, and City Attorney.
Page 4 of8
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iiBuilding a Better Community"
Name of PrORram: Operational Guidelines
Pro1lram: Agenda Guidelines
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Only those matters listed on the agenda shall be acted upon by the Mayor and Common
Council. However, if a matter arises after posting of the agenda, the provisions of the Brown
Act shall apply.
ROLE OF MAYOR AND COMMON COUNCq.. REGARDING COUNCIL MEETINGS
I. While the Common Council is in session, the Mayor, Councilmembers and City staff shall
maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or
interrupt the proceedings of the Common Council or interrupt any member while speaking.
2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will
acknowledge them before they begin to speak and the Mayor should acknowledge speakers in
the order in which they seek recognition.
3. Any Councilmember shall have the right to express dissent from, or protest to, or comment
upon, any action of the Common Council.
4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision.
When possible, the Common Council should attempt to reach consensus on an issue. When
this is not possible, the majority vote shalI prevail. However, the Common Council shall
respect the opinion of the minority.
5. The Mayor and Common Council shall publicly share substantive information, which they may
have received from sources outside the public decision-making process, which is relevant to a
matter under consideration by the Common Council.
6. The Mayor and Common Council will strive for a win-win situation by respecting diverse
opinions. They will allow for everyone's opinion to be heard and respected, even if they do not
win the vote or prevail on the issue.
7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda
item the Councilmembers will allow tbe opportunity to dialogue with each other to build
consensus on an item
ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS
I. City staff will provide written analysis and information on all agenda items emanating from
their respective departments as soon as it is available. Additionally, a copy of the materials,
including technical reports, will be available to the public in compliance with the Brown Act.
2. Staffwill be available to answer questions of the City Council prior to and during City Council
meetings.
3. Staff will respond to questions from the public during City Council meetings when requested to
do so by the Mayor, City Council, or City Manager.
PageS of 8
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2010-252
IIBuilding a Better Community"
. .
4. During Council meetings, staff shall turn off or switch any electronic equipment such as pagers
and cellular telephones to a silence mode.
5. Staff will remain objective in the presentation of their recommendations on issues before the
Mayor and Common Council. Staff should not be an advocate for issues unless so directed by
the Mayor and Common Council; rather, they should promote or assist the efforts of Mayor and
Common Council.
6. City staff will implement all Mayor and Common Council policies as directed by the City
Manager.
ROLE OF THE PUBLIC DURING COUNCIL MEETINGS
] . Members of the public attending Couneil meetings shall observe the same rules and decorum
applicable to the Mayor, Common Council, and staff.
2. All speakers must approach the podium when recognized by the Mayor. Members of the public
shall only speak from the podium. The Public shall not engage in conduct that disrupts the
meeting,
3. Members of the public shall turn off or switch any electronic equipment such as pagers and
cellular telephones to a silent mode while attending a City Council meeting.
4. If a member of the public desires to provide written correspondence (11 copies recommended)
\0 the Mayor and Common Council, all sueh materials shall be given directly \0 the City Clerk
prior to the meeting, or if during the course of the meeting, the materials shall be given to the
City staff on the dais. At no time shall the public provide materials directly to the Mayor and
Council.
Page 6 ofS
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2010-252
nBuilding a Better Community"
Name of Proeram: Operational Guidelines
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PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUlDF;LINES
STANDING COMMITTEES
1. ~
It is the policy of the Mayor and Common Council to use standing committees in open and
public meetings to study City Business in greater depth than is possible in the time allotted for
Council meetings.
2. Pumose
These rules are intended to enhance public participation and committee meetings so that the
best possible decisions can be made for San Bemardino.
3. General Reaulrements
Common Council standing committees shall be subject to the following procedural rules.
4. Ouorum
A majority of the committee membership shall constitute a quorum
S. Function of Committees
The pwpose and intent of committee meetings is to provide for more thorough and detailed
discussion and study of prospective or current Council agenda items with a full and complete
airing of all sentiments and expressions of opinion on city problems by both the Common
Council and the public, to the end that Common Council action will be expedited. Actions of
the committee shall be advisory recommendations only. Within 120 days of an item being
referred by the Mayor and Common Council to a committee, the item will be placed back on
the Common Council agenda for an update or final action.
6. Minutes
The Common Council staff shall be responsible for the preparation and distribution to the
Mayor and Common Council of the minutes of standing committee meetings. The minutes for
these meetings shall be action minutes which reflect the motions made during these meetings.
The minutes shall be delivered to the Mayor and Council members before the Council meeting
at which the Committee's recommendations are to be discussed.
7. Renort of Committee
The minutes of each committee meeting shall serve as the report to the Mayor and Common
Council. Any member may write a separate report. Council staff will compile and present a
quarterly report to the full Council of a list of items pending by title, sponsor, and the date it
was placed and the department responsible.
Page 70f8
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2010-252
"Building a Better Community"
Name of Prot!ram: Operational Guidelines
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8. Allenda
The chairperson of each standing committee shall prepare the agenda for committee meetings,
the sequence of study being, within reasonable limits of practicality, the same as the sequence
of referral
9. r.sJIUe PartieiDation
Public comment on agenda items will be limited to a maximum of three minutes per speaker, or
any a1temate time limit specified by the presiding officer.
10. Conduct of Standin2 Committee Meetin!!.
The chairperson of each committee may conduct meetings with as much informality as is
consistent with Mayor and Common Council procedlU'ai rules for meetil\gs, which shall also be
in effect during committee meetings. The views of interested private citizens shall be heard in
committee meetings. but in no case shall a committee meeting be used as a substitute for public
hearings required by law.
11. Oral Communieation.
Opportunities for oral communications shall be provided in the same manner as Council
meetings.
AD HOC COMMI'ITEES
In addition to standing committees, the Mayor Pro Tempore, subject to approval of the
Common Council. may appoint members to such other Ad Hoc Council Committees as deemed
desirable and necessary to assist and advise the council in its work. Upon hislher appointment,
the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees
before assigning members. These Ad Hoc Committees meet on as needed basis.
Page 8 of8
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RESOLll'.l'ION NO, 84-371
RESOLUTION OF TIIB CITY OF SAN BBRRARDINO ADOP'l'ING PROCEDURAL
lUJLBS FOR MBB'l'INGS OF THE LEGISLATIVE BODY, AND REPEALING
"SO~ION NO. 81-161.
BB 1'1' RESOLVED Bt '!liB MAYOR AND COMKOR COUNCIL 0. 'l'IIB CITY OF
SAN BIRRARDlNO AS FOLLOIISa
SlC'l'ION 1. '!'bole certain procec!ural rulel and regulations
entitled -Procedural Rules for Meetings of the Mayor and Common
Council-, a copy of which is attached hereto, urke4 Bxhibit -A-
and incorporated herein by reference as fully as though set forth
at length, are hereby adopted.
11 SEC'l'ION 2. These rules are adopted by the C~n Council
12 pursuant to the authority of Article III Section 34 of the Cbarter
13 of the City of San Bernardino. Tbe objective of the rules is to
14 assure that meetings will proceed in an orderly aanner and that
15 all interested parties shall bave an opportunity to partiCipate in
16 geraane discussion of utters of business before the ~~n
17 Council.
18 SBC'l'ION 3, Resolution No. 81-161 is bereby repealed.
19 I HIRBBt CERTIFY that the foregoing reaolution was duly
20 adopted by the Mayor and ".......00 Council of the City oE San
21
22
Bernardino at a
reQu1ar
aeeting thereof, beld on
, 11184, by the following vote,
the 17th day of
September
23 to wit:
AtlSa
Council Meabers CaRtaneda Reill Marks
Quiel, Frazier, Strickler
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NAYS a
ABBOT a
Council Me~r Hernandez
None
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The foregoing resolution is hereby
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Approved as to foral
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PROCEDURAL
RULBS POR HBBTINGS OF
THE MAYOR AND COMMON COUNCIL
I. PRESIDING OFFICER
These rules recognize the fact that Article III, Section 36
of the Charter of the City of San Bernardino charges the Mayor
with the duty to, serve as Presiding Officer of meetings of the
Common Council without the right to vote. In the absence of the
Mayor, the Common Council shall have the right to select one of
its own members to serve as Presiding Officer. When a Council
member is serving as Presiding Officer, he shall retain all the
rights of a Council member, as well as assume those of the
presiding Officer, and shall have the same power to disapprove any
order as the Mayor would have had if present and presiding.
A. The Presiding Officer shall be fair and impartial during
the deliberations and proceedings of the Mayor and
Common Council. He shall be bound by and comply with
these rules of the Common,Council in his actions and
conduct as Presiding Officer.
B. The Presiding Officer may make brief introductory
remarks and may recommend, or advocate approval or
disapproval, a continuance, or any other action
concerning any business item after the number and title
of the item is announced by the City Clerk. The
Parliamentarian may act to terminate those introductory
remarks that appear to be excessive and, thereafter,
such remarks shall cease. Introductory remarks Can be
made by the originator of the item.
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C. Any com.ents, debate or discussion may be terminated at
any time, without recognition by the chair, by a motion
for the previous question which is duly adopted by the
COlllJllon Council.
D. The Presiding Officer shall maintain control of the
meeting and impartially recognize persons desiri~g to
address the COIIIJIIOn Council. He sball strive to be fair,
impartial and courteous while maintaining control.
Concerning contested or controversial items, he sball
attempt to fairly apportion the allotted time for debate
or presentation of evidence between proponents and
opponents. He shall not threaten, intimidate or engage
in personal attacks upon or criticism of any person at
the meeting. He shall not comment upon or evaluate the
remarks made by any person except in the lawful exercise
of his right to approve or disapprove any order of the
Common Council. Such right shalf be exercised before
adjournment.
E. Except when the motion is non-debatable, the Presiding
Officer shall permit each Council member to make remarks
relevant to the matter under discussion before the vote
thereon is taken.
F. The City Clerk, City Administrator or City Attorney
shall be recognized by the Presiding Officer after such
official has sought recognition by Obtaining the
attention of the Presiding Officer and shall be given
the floor as soon as the speaker having the floor is
finished.
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G. Any interpretation of these rules by the Presiding
Officer can be overruled by a successful appeal of the
rUling of the Presiding Officer or by a motion adopted
by the COmmon Council to waive the rule in question, or
by a ruling of the parlia.entarian of the COmmon COuncil
which can override the interpretation of the Presiding
Officer.
II. PARLIAMEm'ARIAN
A Parliamentarian shall be chosen by the COmmon Council. The
Parliamentarian shall have the responsibility of monitoring the
meetings of the COmmon COuncil for compliance with and enforcement
of these rules by rendering decisions on requests for points of
order from other members or by interrupting the proceedings to
call attention to any violation of these rules. A decision by the
Parliamentarian shall be final, except when such decision is
voided by a motion to waive the rule in question which is adopted
by the COmmon Council. If the motion to waive cannot be decided
by four or more ayes or nays, the discussion shall be terminated
and postponed until the end of the same COuncil meeting.
III. CONDOCT OF MEMBERS
A. Members of the COmmon COuncil shall conform to these
rules in their own conduct and shall assist in causing
compliance with these rules during the course of all
lIeetings.
B. The members of the Common COuncil are charged with
conducting themselves in an orderly manner and shall not
threaten, intimidate or engage In personal attacks or
criticism of any person at the meeting.
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C.
Members shall strive, at all times, to keep tbeir
remarks germane to the item which is on the floor for
discussion and every attempt shall be made to process
the business of the meeting in an expeditious and
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courteous manner.
6 IV. COUNCIL AGBRDA
7 All items to be considered by the Hayor and Common Council at
8 a public meeting shall be presented to the City Clerk for
9 placement on the agenda of the Mayor and Common Council prior to
10 4:00 p.m. on the Tuesday following the first and third Mondays.of
11 the month for regular meetings, prior to 2100 p.m. at least three
12 business days before any adjourned regular meeting of the Mayor
13 and Common Council, and at least 24 hours before special meetings,
14 and for the emergency supplemental agendas, prior to noon on the
IS Wednesday before the regular meeting. Except as provided in these
16 rules, no item or matter shall be presented to the Mayor and
17 Common Council at a public meeting unless and until a aotion is
18 adopted by the Common Council to waive the agenda deadline
19 requirements.
20 Any request to reconsider an item previously considered and
21 acted upon in a final manner by the Mayor and Common Council ahall
22 be placed at the end of the supplemental agenda for a deterainatio
23 of whether it should be set for a hearing at an appropriate time
24 and place.
2S
V.
PROCBSSING OF MOTIONS
26 When a motion is made and seconded, it shall be stated by the
27 Presiding Officer or City Clerk before debate. A motion may be
28 withdrawn by the mover or seconder at any time before a vote is
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taken on the item.
A. Motions Out of Order. The Presiding Officer shall at
any time, by majority consent of the members, permit a
member to introduce an ordinance, resolution or motion
out of the regular agenda order.
B. Division of Question. If the question containa two or
more diviaible propositions, the Presiding Officer may,
and upon request of a member shall (unless ~ppealed),
divide the aame.
VI. PRECEDENCE OF MOTIONS
When a motion is before the Common Council, no motion aball
be entertained except: (a) to adjourn, (b) to fix hour of,
adjournment, (c) to lay on the table, (d) for the previous
question, (e) to amend or present a substitute aotion, (f) to
postpone (continue) to a certain day, (g) to refer, and (h) to
postpone indefinitely. !!!!., foregoing motions shall have
precedence in the order indicated above.
BXPLANATION OF MOTIONS
A. Motion to Adjourn. (debatable as to time and place) A
motion to adjourn shall be in order at any time, except
as followSI (1) when repeated without intervening
business or discussionr (2) when made as an interruption
of a member while speakingr (3) when the previous
question has been ordered, and (4) while a vote is being
taken. A motion to adjourn to a specified time shall be
debatable only as to the time to which the meeting is
adjourned.
B. Motion to Pix Hour of Adjournment. The purpose of a
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motion to fix the hour of adjournment is to set a
definite time at which to adjourn. The motion is
undebatable and amendable except as to the time set.
C. Motion to Table. (debatable only as to time and place)
The purpose of a motion to table is to temporarily
bypass the subject. A motion to lay on the table is
non-debatable and shall preclude all amendments or
debate of the subject under consideration. If the
motion shall prevail, the matter may be -taken fr~ the
tableD at any time.
D. Motion for Previous Question. The purpose of a motion
for the previous question is to close debate on the main
motion. It is non-debatable. (Just stating -question-
or -call for the question- does not accomplish the same
thing.) If ,the motion fails, debate is reopened I if the
motion passes, then there shall be a vote on the main
motion.
E. Motion to Amend. (debatable only as to amendment) A
motion to amend an amendment is in order, but one to
amend an amendment to an amendment is not. An amendment
mOdifying the intention of a motion is in order, but an
amendment relating to a different matter shall not be in
order. A substitute motion on the same subject is
acceptable. Amendments shall be voted first, then the
main motion as amended shall be voted.
r. Motion to Reconsider. (non-debatable after being
seconded) The motion to reconsider shall include the
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reason for the request in order to be recognized and
valid.
G. Motion to Continue. (debatable only as to reason)
H. Motion to Refer. (debatable only as to destination of
refural)
VII. VOTING
On the passage of every motion, the vote shall be taken and
entered in full upon the record.
^. Failure to Vote. Bvery member should vote unless
disqualified for cause.
1. Self-disqualification, without approval, which
results in a tie vote should be avoided as
thwarting Council action, but no Council member
shall be forced to vote.
2. Tie votes are -lost- motions and, by vote of the
Council, may be reconsidered later.
B. Presence Required. Only those members of the Common
Council actually present in the Council Chambers at the
time the vote is called for shall vote. Council members
shall cast their vote as expeditiously as possible and
may press their voting button on an item when leaving
the Chambers for a short time and that vote shall count.
A Council member should strive to be present at all
times during an evidentiary and quasi-jUdicial hearing..
C. Reconsideration. Any member may mOve a reconsideration
of any Council action at the same meeting.
D. Changing Vote. Any aember may change his vote before th
meeting is adjourned for that day, provided he orally
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and publicly announces to all members present that his
vote will be changed. (A Council member should consider
3 the effect of his change of vote on the vested rights of
4 others who may have relied upon a prior Council action.)
S VIne APPEALS PROM 'rIlE RULING or THE CHAIR
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A.
Whenever a decision has been rendered by the Presiding
Officer concerning the operating procedures of the
Common Council and before the Common Council moves on to
further business, any member wishing to dissent that
decision may, without recognition by the Presiding
Officer, declare -I appeal the ruling of the chair-.
When this occurs, the Presiding Officer shall, without
the allowance of any discussion, call for a vote on the
motion to appeall and If the voting .embers of the
Common Council sustain the appeal by a vote of five or
more, then the appeal shall be sustained and the
business under discUS81o~ when the ruling was made shall
proceed as if the Presiding Officer had not made the
ruling in question.
B.
c.
If the appeal is not supported by at least ~ of the
voting members present, then the appeal shall be
declared lost by the presiding Officer and the Common
Council shall proceed with the order of business.
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ATTACHMENT "e"
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RESOLU'1':J:ON NO. 94-46
RBSOLU!':J:ON OF 'l'IIB DYOR UD COMMON COUNC:J:L OF 'l'B1l: C:J:TY OF
SAN BI!:RN&RD:J:NO. ADOP'l'DfG imGULa'1'IOMS RBL&'1'ING '1'0 P08'lINO OF '1'IIE
&GBRDA UD 'l'IIB LIOlG'K 0. TIM FOR PUBLIC COHMI!:Ift'S ON I'l'DIS JIO'1'H ON
lUQ) MO'1' ON 'l'IIB AGENDA PUR8UaIft' '1'0 '1'HB RALPH II. BROlIJf AC'1' AND
REPEALING RBSOLU'1'IONS NOS. S7-1, 87-60 IKD 88-280
WREREIS, Govemaent Code 554954.2, as part of the Ralph M.
Brown Act (Government Code 554950 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, with speoified exoeptions, Governll\ent Code
5554954.2 and 54954.3 require that the legiSlative body of a local
agenoy may not take action on items of business not appearing on
the posted agenda, end
NHBRDS, Government Code 554954.3 requires that eaoh agenda
for regular meetings shall provide an opportunity for members of
the publio to directly address the legislative body of a looal
agency on items of interest to the publiC that sre wi thin the
subject matter jurisdiotion of the legislative body, and
WHERDS, Government Code 554954.3(b) provides thst the
legislative body of a local agency may adopt reasonable
regulations relating to time limits for auch speakers, and
WHERDS, the City of San Bsrnardino faU.s within the
definition of the Government Code 554951 of the Brown Aot as a
local agency subject to the terms of the Act, end
WHERDS. the Mayor and Common Council of the City of San
Bernardino fall wi thin the definition of Governll\ent Code 554952 a9
a legislatiye body under the Act.
NOW, THEREFORE, the Mayor and Common Council of the City of
D~/j. [Agenda.Rea)
1
".naul' 14. 199.
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1 San Bernardino do resolve as follows:
2 1. At leaat 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 Publio Library in the City of San Bernardino,
12 and at such other looations as the City Clerk shall determine from
13 time to time to assure that the information on eaoh such agenda is
14 freely accessible to members of the public.
15 4. E~cept as otherwise provided by law, no business shall
16 be discusaed at a meeting which is covered by a posted sgenda
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 sn 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
OAB/j. IAgend..Res) 2 January 14. 1994
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which may be grante~ in the discretion of the Mayor and COmmon
Council. Subsequent two-minute time extensione may also be
requested.
8. ~he total time for pUblio comments on i~.m8 not on the
\i8genda for all speakers shall not exceed fortY-five '"(45) ii11nutes,
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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 commente" 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 ~iscussion hel~ by
the Mayor an~ 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 1s authorized to limit comments of the public
either under public commente or relating to an item on the agenda
DAB/j. IAgend..Ree) 3 January 14. 1994
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in the event such comments are merely repetitive of prior
presentation,
14. Resolutions Nos. 87-1, 87-60 and 88-280 are hereby
repealed.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Counoil of the City of
San Bernerdino at a
reqular
meeting thereof, held on the
7th day of March
Counoil Members:
, 1994, by the fOllowing vote, to-wit:
liVES NAYS ABSTIIIN ABSENT
X
X
X
]I:
X
X
X
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
~<) J'
''-~.ALL t.
Ci lerk
The foregoing Resolution is hereby approved this ~\-" day
II' J
\".(./.:...7\:....
March
, 1994.
of
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Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/ja (Agenda,Ree]
4
Jen.uery U. 1994
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. ATTaCHMENT "IF
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RESOLU'l'ION NO. 95-27
RESOLUTION OF 'l'IUI: MAYOR AND COMMON COUHC.tL OF '1'HE CITY OF
SAN BJaUfJUtDJ:NO AMENDJ:NO JlB80LU'UON 110. 94-46 RELATJ:NO TO POSTING
OF 'l'IUI: AGENDA AND THE LElfO'iH OF PUBLIC COMMENTS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SBCTION 1. Section 6 of Resolution No. 94-46 is hereby
amended to read as followa:
"6. A three minute limitation per item shall
apply to each member .of the publio addressing the
Mayor and Common Council either on snagenOa item or
under public commente with a total t~me limitation of
15 minutes per meeting."
SECTION 2. Section 7.1 is hereby added to Resolution No.
94-46 to read as follows:
"7.1 An appellant or a named party to an agenda
item shall not be subjeot 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 Counoil."
SECTJ:ON 3. Section 14 of Resolution No. 94-46 is hereby
amended to read as follows:
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"14. An additional oonsent agenda shall be
included on the agenda made up of items previously
heard and oonsidered by a oommi ttee of the common
council and such items shall not be subjeot to any
discussion by the Mayor and Common COuncilor by any
member of the public. No item shall be r....oved from
the consent agenda for public discussion unless it is
removed. at the request of the Mayor or a member of the
Common Council."
DAIl/jl IAg..lll.4.Reel
I
Janulry 26. 1995
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95-21
,
RESOLUTION. . .AMENDING RESOLUTION NO. 94-46 RELATING TO
POSTING OF THE AGENDA AND THE LENGTH OF PUBLIC COMMENTS
I HEREBY CERTIFY 1:ha1: 1:he foregoing Resolu1:1on was dUly
adopted by the Mayor and Common Council of 1:he City of
San Bernardino a1: a
regular
meeting thereof, held on the
6th day of February
, 1995, by the following vote, to-wit:
Council Members: ~ NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANOEZ x
OBERHELMAN x
OEVLIN X
POPE-LUDLAM x
MILLER x
r2 u..IuL ~
Ciily Clerk
The foregoing Resolution is hereby approved this 9th day
of February
, 1995.
~.- -1" (
. /sf""/"J'l'{ jll:1!~'
Tom Minor; Mayor
City of San Bernardino
Approved as 1:0 form
and legal content:
JAMES F. PENMAN,
Ci ty A1:1:orney , .~.
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Section 6 is not approved as presented in Secti';rII:; /. 1 * herein. Sectioll8 2 .
3 are sppJ:ov,;;r.-- * "e still have legal reserv.t~ns about the 3 mnute liait.
DAB/j. [Agenda..Rea] ~' January 26, 1~95
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"
A. . AC"MI:NT -:'D-
I RESOLUTION NO. ~21
2 RESOLUTION OF THE MAYOR. AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMBNDINGRESbLtJttON NO. 94-46 TO LIMIT THE SPBAlqN'G TIME OF
3 COUNCIL MEMBERs AND DESI(JNATED OTHEIU TO 3 MlNUTESUN1'IL TIm MAYOR
AND ALL O'IHBR COUNen.. 'l\.'tEMBBRs AND DESIGNATED 011tERS HA VB HAD AN
4 OPPORTUNITY TO SPEAK.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TIm CI1Y OF
6 SAN BERNARDINO AS FOUOWS:
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SECTION I. Section 15 is hereby added to Resolution No. 95-46 as previoualyamended
by Resolution No. 95-27, to read as fulJows:
"15. Neither the Mayor nor any Councilmember nor the City
Attorney, City Clerk, or City Administrator may speak lonser than three
minutes on any item on the agenda or during the "announ"""""'ts" portion of
the meeting, until the Mayor, eacb other CounciImember, the City Attorney,
City Clerk, and City AdminisIrator shall have first had an opportunity to speak
on that item for three minutes. Subsequent opportunities to speak sbaU also
be limited to three minutes unless by unanimous consent of the
Couneilmembers present, such subsequent three minute speaking limit is
waived. This resolution sbaII be reviewed six months from ita adoption by the
;""';,""","'_" '..'".', ,.....,...., "C' ".........",'''.< ,-,",~'">,,,"",-,.' /.,",~ -_.'-T_',.;.
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97-221
I RESOLUTION OF THE MAYOR AND COMMON COUNCR. OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. ~, TO LIMlT THE SPEAKING
2 TIME OF COUNCR. MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES
UNTIL THE MAYOR AND ALL OTHER COUNcn. MEMBERS AND DESIGNATED
3 OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK.
4 I HEREBY CERTIFY that the fORlgoing Resolution was duly adopted by the Mayor and
S Common Council of the City of San Bernardino at a joint regular meeting thereof;
6 held on the 21st day of July . 1997, by the following vote, to wit:
7 COUNCIL MEMBERS: Am &YS. ABS! AIN ABSENT
8 NEGRETE x
9 CURLIN x
10 ARIAS x
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11 OBERHELMAN x
12 DEVLIN x
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13 ANDERSON x
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14 MILLER x
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15 ~....Ju.t b.~
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CITY CLERK
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22 Approved as to fonn and
lePJ content:
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""f_""","'OO" """" ."","" "" "'" ~~
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City of San Bernar . 0
.1997.
JAMES F. PENMAN.
24 City Attorney
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