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HomeMy WebLinkAbout1987-4986 1 RESOLUTION NO. 4986 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING REVISED PROCEDURES FOR COMPLIANCE 3 WITH NEW PROVISIONS OF THE RALPH M. BROWN OPEN MEETINGS ACT ; AND TO AUTHORIZE THE COMMUNITY DEVELOPMENT COMMISSION TO REFER ANY 4 ITEMS INTRODUCED BY THE PUBLIC TO STAFF OR COMMITTEE FOR APPROPRIATE ACTION, AND REPEALING RESOLUTION NO. 4977. 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. By adoption of Chapter 641 of the 8 session laws of 1986, the State of California has amended the 9 Ralph M. Brown Act relating to open meetings to provide that 10 agendas of regular meetings of public bodies must be posted at 11 least 72 hours before any such regular meeting, at a location 12 that is freely accessible to members of the public. By that act, 13 the State of California has further directed that the legislative 14 body may not take action on items of business not appearing on 15 the posted agenda except under special conditions, which are 16 specified. The act also requires that each agenda for regular 17 meetings shall provide an opportunity for members of the public 18 to directly address the legislative body on items of interest to 19 the public that are within the subject matter jurisdiction of the 20 legislative body, and has made further changes in the 21 requirements for the calling of special meetings and emergency 22 meetings. 23 SECTION 2. Implementation. To implement the requirements 24 of Chapter 641 of the session laws of 1986, the Community 25 Development Commission of the City of San Bernardino does adopt 26 the following policy: 27 A. At least 72 hours before a regular meeting of the 28 Commulnity Development Commission of the City of San 1 1 Bernardino/Redevelopment Agency of the City of San Bernardino, 2 the Commission's Secretary or her designee shall post an agenda 3 containing a brief general description of each item of business 4 to be transacted or discussed at the meeting. The agenda shall 5 specify the time and location of the regular meeting, and shall 6 be posted in or near the entry way to the Council Chambers in 7 City Hall. In addition, to assure that each such agenda is 8 freely accessible to members of the public, a copy shall be 9 posted in the reference room of the Norman F. Feldheym Public 10 Library in the City of San Bernardino. No business shall be 11 discussed at the meeting which is not described in the posted 12 agenda, without compliancea with the special provisions of 13 Section 54954.2(b) of the Government Code of the State of 14 California. That section provides that the legislative body may 15 take action on items of business not appearing on the posted 16 agenda under any of the following conditions: 17 1. Upon a. determination by a majority vote of the 18 legislative body that an emergency situation exists, as defined 19 in Section 54956.5. "Emergency situation" means work stoppage or 20 other activity which severely impairs public health, safety, or 21 both, as determined by a majority of the members of the 22 legislative body, or crippling disaster which severely impairs 23 public health, safety, or both, as determined by the majority of 24 the members of the legislative body. 25 2. Upon a determination by a two-thirds vote of the 26 legislative body, or, if less than two-thirds of the members are 27 present, a unanimous vote of those members present, that the need 28 to take action arose subsequent to the agenda being posted as specified. 2 1 3. The item was posted pursuant to this provision for 2 a prior meeting of the legislative body occurring not more than 3 five calendar days prior to the date action is taken on the item, 4 and at the prior meeting the item was continued to the meeting at 5 which action is being taken. 6 B. Every agenda for regular meetings of the Community 7 Development Commission/Redevelopment Agency shall provide an 8 opportunity for members of the public to directly address the 9 legislative body on items of interest to the public that are 10 within the subject matter jurisdiction of the legislative body. 11 Each copy of the agenda shall contain the following notice: 12 "NOTICE: Any member of the public may address this meeting 13 of the Community Development Commission/Redevelopment Agency on 14 any item appearing on the Agency's agenda, by approaching the 15 microphone in the Council Chambers when the item about which the 16 member desires to speak is called, and by asking to be 17 recognized. Any member of the public desiring to speak to the 18 Community Development Commission concerning any matter not on the 19 agenda but which is within the subject matter jurisdiction of the 20 Community Development Commission, may address the body at the 21 beginning of the meeting, during the period reserved for public 22 comment. A five-minute limitation shall apply to each member of 23 the public, unless such time limit is amended by the Community 24 Development Commission; the Community Development Commission may 25 refer any items raised by the public to staff or to any 26 commission, board, bureau or committee for appropriate action or 27 have the item placed on the next agenda of the Community 28 Development Commission. However, no action shall be taken on any 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Secretary of the Commission shall include on every agenda of a regular meeting, as the first item following the cal to order, the opportunity for public comment on matters which ar 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 that agenda item is called, and address the Community Development Commission The Community Development Commission 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 the next agenda of the Community Development Commission. D. When a member of the public desires to speak to the Commission on any item on the agenda, he or she may <:ip'proachthe public microphone when the agenda item is called, and ask to be recognized. E. The Chairman is authorized to limit discussion by members of the public during public comments on any particular item to not more than five minutes, provided, however, that the time limits set herein may be amended at any time by the Commission by waiver of its rules. The Chairman is authorized to also limit public comment in the event such comment is merely repetitive of prior presentation. F. During discussion of any item posted on the agenda of the Community Development Commission, the Community Development Commission may refer any matter relating thereto to staff, or to 4 1 2 3 any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Community Development Commission. 4 SECTION 3. Resolution No. 4977 is hereby repealed. 5 6 7 8 9 10 11 Dated: March 9, 1987 Approved as to form: AGENCY COUNSEL BY~l/(~ Allen R. Brig /, 12 The foregoing resolution was duly adopted by the following 13 vote, to wit: 14 15 16 17 AYES: Members Estada. Reilly. Flores, Mi11ICl!'l1f'Y, Ql,;pl Frazier, Strickler. None. NAYS: 18 ABSENT or ABSTAIN: None. 19 20 21 22 23 24 25 26 27 28 5