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HomeMy WebLinkAbout11- Resolution 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 554954.3 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 S54954.3(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 §54951 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 19 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 1 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