HomeMy WebLinkAbout17- City Attorney CITY OF SAN BERhAARDINO - REQUEST 1 JR COUNCIL ACTION
James F. Penman, City Attorney Resolution adopting regulations
F Subject: relating to posting of the Agenda
City Attorney and the length of time for public
G�V.: comments on items both on and not
January 14, 1994 on the Agenda pursuant to Brown
Date: Act and Repealing Resolutions
Nn- 87-1187-60 and 88-280
Synopsis of Previous Council action:
Adoption of Resolutions Nos. 87-1, 87-60 and 88-280 relating to posting of the
Agenda and limiting the time for speakers under public comments to five ( 5 )
minutes.
January 10, 1994 - Directed the City Attorney to bring back an amendment to the
resolution limiting all speakers to three (3 ) minutes which could be extended.
Recommended motion:
adopt the resolution.
Signature
Contact person: Dennis A. Barlow Phone:_ 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
it Notes:
75-0262 Agenda Item No._ /7
CITY OF SAN BERN♦_ADINO - REQUEST F-R COUNCIL ACTION
STAFF REPORT
At its meeting of January 10, 1994, the Mayor and Common Council
directed that changes be made to the Resolution setting time limits
on the speakers that appear before the Mayor and Council. The
attached resolution reorganizes the provisions of Resolutions Nos.
87-1, 87-60 and 88-280 and incorporates the changes directed by the
Council.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING REGULATIONS RELATING TO POSTING OF THE
3 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
4 REPEALING RESOLUTIONS NOS. 87-1, 87-60 AND 88-280
5 WHEREAS, Government Code §54954. 2, as part of the Ralph M.
6 Brown Act (Government Code §54950 et seq. ) , requires that agendas
7 of regular meetings of public bodies must be posted at least 72
8 hours before any such regular meeting at a location that is freely
9 accessible to members of the public, and
10 WHEREAS, with specified exceptions, Government Code
11 §§54954.2 and 54954.3 require that the legislative body of a local
12 agency may not take action on items of business not appearing on
13 the posted agenda, and
14 WHEREAS, Government Code §54954.3 requires that each agenda
15 for regular meetings shall provide an opportunity for members of
16 the public to directly address the legislative body of a local
17 agency on items of interest to the public that are within the
18 subject matter jurisdiction of the legislative body, and
19 WHEREAS, Government Code §54954.3(b) provides that the
20 legislative body of a local agency may adopt reasonable
21 regulations relating to time limits for such speakers, and
22 WHEREAS, the City of San Bernardino falls within the
23 definition of the Government Code 554951 of the Brown Act as a
24 local agency subject to the terms of the Act, and
25 WHEREAS, the Mayor and Common Council of the City of San
26 Bernardino fall within the definition of Government Code §54952 as
27 a legislative body under the Act,
28 NOW, THEREFORE, the Mayor and Common Council of the City of
DAB/Js [Agenda.Res] 1 January 14, 1994
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
ig 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
1 which may be granted in the discretion of the Mayor and Common
2 Council. Subsequent two-minute time extensions may also be
3 requested.
4 8. The total time for public comments on items not on the
5 agenda for all speakers shall not exceed forty-five (45) minutes,
6 unless such time limit is extended by the Mayor and Common
7 Council.
8 9. Any member of the public may address the Mayor and
9 Common Council either on any item appearing on the agenda, or
10 during the public comments item on any item within the subject
11 matter jurisdiction of the Mayor and Common Council but not on the
12 agenda, by approaching the public microphone when the item about
13 which the member desires to speak is called, and by asking to be
14 recognized.
15 10. No member of the public shall be permitted to "share"
16 his or her allotted time with any other member of the public.
17 11. The Mayor and Common Council may refer any items raised
18 by the public under "public comments" or any matter relating to an
19 item appearing on the agenda to any commission, board, bureau, or
20 committee for appropriate action or have the item or matter placed
21 on the next agenda of the Mayor and Common Council .
22 12. No other action shall be taken nor discussion held by
23 the Mayor and Common Council on an item which does not appear on
24 the agenda unless the action is otherwise authorized in accordance
25 with the provisions of subdivision (b) of section 54954.2 of the
26 Government Code.
27 13. The Mayor is authorized to limit comments of the public
28 either under public comments or relating to an item on the agenda
DAB/js [Agenda.Res] 3 January 14, 1994
j 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
7 San Bernardino at a meeting thereof, held on the
8 day of 1994, by the following vote, to-wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 NEGRETE
11 CURLIN
12 HERNANDEZ
13 OBERHELMAN
14 DEVLIN
15 POPE-LUDLAM
16 MILLER
17
18
City Clerk
19 The foregoing Resolution is hereby approved this day
20 of 1994.
21
22
23 Tom Minor, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN,
City Attorney
27
28 By.
DAB/js [Agenda.Res] 4 January 14, 1994