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11 _
CI1O' OF SAN SERNARDIO> - REQUB:)r FOR COUNCIr?iC~
From: Ralph H. Prince
Dept: City Attorney
Subject: Procedures for Compl iance wi th
New Provisions of the Ralph M.
Brown Act
Date: February 6, 1987
Synopsis of Previous Council action:
2/5/87
Legislative Review Committee recommended attached
amendments.
Recommended motion:
Adopt resolution.
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Signature
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
5055
NIA
NIA
Contact person: William Sabourin
Phone:
Supporting data attached: Yes
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No. I ~
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 87-1 ENTITLED IN PART "RESOLUTION . . .
ADOPTING PROCEDURES FOR COMPLIANCE WITH NEW PROVISIONS OF THE
RALPH M. BROWN OPEN MEETINGS ACT"; TO LIMIT PUBLIC COMMENT BY
EACH MEMBER OF THE PUBLIC TO FIVE MINUTES; AND TO AUTHORIZE
THE MAYOR OR COMMON COUNCIL TO REFER ANY ITEMS INTRODUCED BY
THE PUBLIC TO STAFF OR COMMITTEE FOR APPROPRIATE ACTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 87-1 Section 2 Subsections B
and C are amended to read as follows:
10 "B. Every agenda for regular meetings of the Mayor and
11 Common Council shall provide an opportunity for members of the
12 public to directly address the legislative body on items of
13 interest to the public that are within the subject matter
14 jurisdiction of the legislative body. Each copy of the agenda
15 shall contain the following notice:
16 II 'NOTICE: Any member of the public may address this
17 meeting of the Mayor and Common Council on any item appearing
18 on the agenda, by approaching the microphone in the Council
19 Chambers when the item about which the member desires to speak
20 is called, and by asking to be recognized. Any member of the
21 public desiring to speak to the Mayor and Common Council
22 concerning any matter not on the agenda but which is within
23 the subject matter jurisdiction of the Mayor and Common
24 Council, may address the body at the beginning of the meeting,
25 during the period reserved for public comment. A five-minute
26 limitation shall apply to each member of the public, unless
27 such time limit is amended by the Common Council. The Mayor
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and CODllllon Council may refer any items raised by the pub';.., to
staff, or to any cODllllission, board, bureau or cODllllittee for
appropriate action or have the item placed on the next aaenda
of the Mayor and Common Council. However, no action shall be
taken on any 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. I "
"C. The City Clerk shall include on every agenda of a
regular meeting, as the first item following the call to
order, the opportunity for public comment on matters which are
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 Mayor and Common
Council. The Mayor or Common Council 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 Mayor and Common Council."
SECTION 2. Resolution No. 87-1 section 2 is amended by
adding Subsections E and F to read as follows:
"E. The Mayor 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
Council by waiver of its rules. The Mayor is authorized to
also limit public comment in the event such cODllllent is merely
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repetitive of prior presentation."
"F. During discussion of any item posted on the agenda
of the Mayor and Common Council, the Mayor or Common Council
may refer any matter relating thereto to staff or to any
commission, board, bureau or committee for appropriate action
or have the item placed on the next agenda of the Mayor and
Common Council."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on
the day of , 1987, by the following
vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
city Clerk
The foregoing resolution is hereby approved this
, 1987.
day
of
Mayor of the City of San Bernardino
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Approved as to form:
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City Attorney
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