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HomeMy WebLinkAbout40-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Dept: CITY ATTORNEY Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Amending Section 7.1 of Resolution No. 94-46 Relating to Time Limitations of an Appellant or a Named Party, and Other Speakers, on the Same Agenda Item. Date: September 2, 200 RIG I N A L Synopsis of Previous Council Action: March 7.1994 - Adoption of Resolution No. 94-46: Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Regulations Relating to Posting of the 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 Repealing Resolutions Nos. 87-1, 87-60 and 88-280. February 6. 1995 - Adoption of Resolution No. 95-27: Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 94-46 Relating to Posting of the Agenda and the Length of Public Comments. Recommended motion: Adopt Resolution. L7~ ~nature . Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: None at this time Source: Finance: Council Notes: qI7/f>'{ I Agenda Item No. 40 '(Lcb0 ~ Z<<'A- ??1f'l ~ STAFF REPORT Council Meeting Date: September 7, 2004 TO: DATE: DATE: AGENDA: Mayor and Common Council City Attorney's Office September 2, 2004 Resolution of the Mayor and Common Council of the City of San Bernardino amending Section 7.1 of Resolution No. 94-96 relating to time limitations of an appellant or a named party, and other speakers, on the same agenda item (Agenda Item #40). On February 6, 1995, the Mayor and Common Council adopted Resolution No. 95-27, which added Section 7.1 to Resolution No. 94-46 to read as follows: "7.1 An appellant or a named party to an agenda item shall not be subject 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 Council." The proposed resolution would add an additional sentence at the end of Section 7.1 to permit the same reasonable limitations (as opposed to the three minute rule) for all speakers at quasi-judicial hearings conducted by the Mayor and Common Council/Community Development Commission. Quasi-judicial hearings (which generally, but not always, involve a property right) are more probable to subsequent judicial review because of the nature of the subject matter. In that regard, permitting all speakers at such a hearing "equal time" (rather than the appellant or named party being the only ones not limited by the three minute rule) better ensures the City's ability to withstand a legal challenge on the issue of disparate treatment (Le. denial of due process). While the practice for several years has been, in essence, to allow speakers at such hearings the "reasonable limitations" approach, formally changing Section 7.1 to reflect this practice is most advisable. It is respectfully requested that the proposed resolution be adopted. , . o RESOLU~JtJ ~ 'JL 2 RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 7.1 OF RESOLUTION NO. 94-46 RELATING 3 TO TIME LIMITATIONS OF AN APPELLANT OR A NAMED PARTY, AND OTHER SPEAKERS, ON TIlE SAME AGENDA ITEM. 4 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 SECTION I. Section 7.1 of Resolution No. 94-46, which was added by the adoption of Resolution No. 95-27, relating to time limitations of an appellant or a named party, and other speakers, on the same agenda item, is hereby amended to now read in its entirety as follows: Q 8 9 10 II 12 13 14 15 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 II/ 26 Q /// 27 28 "7.1 An appellant or a named party to an agenda item shall not be subject 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 Council. Whenever the Mayor and Common Council/Community Develop- ment Commission are conducting a quasi-judicial hearing (generally, but not always, involving a property right), all speakers at such hearing shall also not be subject 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 Council." f c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO Ai\1ENDING SECTION 7.1 OF RESOLUTION NO. 94-46 RELATING 2 TO TIME LIMITATIONS OF AN APPELLANT OR A NAMED PARTY, AND OTHER 3 SPEAKERS, ON THE SAME AGENDA ITEM. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 LONGVILLE 10 MCGINNIS II DERRY 12 KELLEY C 13 JOHNSON 14 MCCAMMACK IS 16 17 , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 18 19 20 The foregoing Resolution is hereby approved this _ day of ,2004. JUDITH V ALLES, Mayor City of San Bernardino