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HomeMy WebLinkAbout2019-023Resolution No. 2019-23 RESOLUTION NO. 2019-23 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RULES ON DECORUM OF CITY COUNCIL MEETINGS TO SET FORTH TIME LIMITS FOR ELECTED OFFICIAL COMMENTS AND DELIBERATION WHEREAS, in accordance with Section 309 of the City Charter, the City Council is required to establish rules of decorum for the conduct of Mayor and City Council meetings; and WHEREAS, the City Council has previously established rules relating to public comments and testimony (Resolution No. 2018-89, adopted March 21, 2018), rules relating to quasi-judicial hearings (Resolution No. 2018-88, adopted March 21, 2018), a code of conduct to govern the behavior of the Mayor and City Council (San Bernardino Municipal Code, Chapter 2.58), and operating practices for good governance (Resolution No. 2015-71, adopted April 6, 2015); and WHEREAS, the City Council presently has no rules which limit its own comment on items before the Mayor and Council; and WHEREAS, in the interest of expediting meetings to afford respect to the time of elected officials, City staff, and the general public, it is desirable to establish limits on the length of time dedicated to elected official comments and deliberations during items; and WHEREAS, the following rules are designed to ensure each elected official is provided sufficient time to express their opinion on most items while also providing flexibility for the City Council to waive such rules where additional discussion time is required. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. In addition to the existing rules relating to decorum and the code of conduct, the following rules shall apply to elected official comment on any item on the agenda for a Mayor and City Council meeting: A. City Council Member Time Limits. The City Council shall preserve decorum and an orderly procedure during debate. Council members desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a council member shall confine his or her comments to the questions under debate, avoiding personal attacks and undignified language. A council member, once recognized, should not be interrupted unless a point of order is raised by another member. If a council member is called to order while speaking said council member shall stop speaking until the question of order is determined. The presiding officer should not Resolution No. 2019-23 recognize a council member to speak who has already spoken on a matter under debate until all other council members who wish to be heard have spoken. A council member should limit himself or herself to five (5) minutes at any one time. At the end of each meeting, the presiding officer shall recognize each council member who may speak up to five (5) minutes on matters of public or community interest. B. Mayoral Time Limits. To the extent the Mayor participates in the discussion of an item in accordance with his authority under Section 303 of the City Charter, the Mayor shall be subject to the same rules as council members. Any time spent presiding over the discussion and not on the merits of the item shall not be counted toward the Mayor's time limit. C. Waiver of Time Limits. The City Council, by majority vote of those present, may elect to waive these time limits for any particular item. If the City Council chooses to do so, the waiver shall apply to every council member and the Mayor for that item only. D. Enforcement of Time Limits. The presiding officer, with the assistance of the City Clerk, shall be responsible for the enforcement of time limits. SECTION 3. No existing rules of decorum shall be affected by this Resolution except to the extent they are inconsistent with the rules contained herein, in which case these rules shall govern. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City tiod signed by the Mayor and attested by the City Clerk this 6h day of February 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann 9nna, MMC, Ci y Clerk Resolution No. 2019-23 Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-23 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-23 adopted at a special meeting held at the 6th day of February 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X MARRA X VACANT SHORETT X NICKEL X RICHARD X MULVIHILL X MAYOR VALDIVIA X WITNESS my hand and official seal of the City of San Bernardino this 6h day of February 2019. t C' orgeann Ffintia, MMQ Oity Clerk