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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURES
FOR COMPLIANCE WITH NEW PROVISIONS OF THE RALPH M. BROWN OPEN
MEETINGS ACT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals. By adoption of Chapter 641 of the
session laws of 1986, the State of California has amended the
Ralph M. Brown Act relating to open meetings to provide that
agendas of regular meetings of public bodies must be posted at
least 72 hours before any such regular meeting, at a location
that is freely accessible to members of the public.
By that act,
the State of California has further directed that the legislative
body may not take action on items of business not appearing on
the posted agenda except under special conditions, which are
specified.
The act also requires that each agenda for regular
meetings shall provide an opportunity for members of the public
to directly address the legislative body on items of interest to
the public that are within the subject matter jurisdiction of the
legislative body, and has made further changes in the
requirements for the calling of special meetings and emergency
meetings.
SECTION 2. ImDlementation. To implement the requirements
of Chapter 641 of the session laws of 1986, the Mayor and Common
Council of the City of San Bernardino do adopt the following
policy:
A. At least 72 hours before a regular meeting of the Mayor
and Common Council of the City of San Bernardino,the City Clerk
or her designee shall post an agenda containing a brief general
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1 description of each item of business to be transacted or
2 ')(dW..ed at''':~e meeting. The agenda shall specify the time and
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3 ~~~~OB of tne regular meeting, and shall be posted in or near
4 the entry way to the Council Chambers in City Hall. In addition,
5 to assure that each such agenda is freely accessible to members
6 of the public, a copy shall be posted in the reference room of
7 the Norman F. Feldheym Public Library in the City of San
8 Bernardino. No business shall be discussed at the meeting which
9 is covered by the posted agenda, without compliance with the
10 special provisions of Section 54954.2(b) of the GoV~.~.Dt Code
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of the State of California. That section provides that "tbe4':
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12 legislative body may take action on items of busineaa,nQt
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13 appearing on the posted agenda under any of the following
14 conditions:
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15 1. Upon a determination by a majority vote of the
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16 legislative body that an emergency situation ex~s, as defined in
17 Section 54956.5. "Emergency situation" means work stoppage or
18 other activity which severely impairs public health, safety, or
19 both, as determined by a majority of the members of the
20 legislative body, or crippling disaster which severely impairs
21 public healtb~ safety, or both, as determined by the majority of
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the members of the legislative body.
2. Upon a determination by a two-thirds vote of the
legislative body, or, if less than two-thirds of the members are
present, a unanimous vote of those members present, that the need
to take action arose subsequent to the agenda being posted as
specified.
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1 3. The item was posted pursuant to this provision for a
2 prior meeting of the legislative body occurring not more than
3 five calendar days prior to the date action is taken on the item,
4 and at the prior meeting the item was continued to the meeting at
5 which action is being taken.
6 B. Every agenda for regular meetings of the Mayor and
7 Common Council shall provide an opportunity for members of the
8 public to directly address the legislative body on items of
9 interest to the public that are within the subject matter
10 jurisdiction of the legislative body. Each copy of the agenda
11 will contain the following notice:
12 WNOTICE: Any member of the public may address this meeting
13 of the Mayor and Common Council on any item appearing on the
14 agenda, by approaching the microphone in the Council Chambers
15 when the item about which the member desires to speak is called,
16 and by aSking to be recognized. Any member of the public
17 desiring to speak to the Mayor and Common Council concerning any
18 matter not on the agenda but which is within the subject matter
19 jurisdiction of the Mayor and Common Council, may address the
20 body at the beginning of the meeting, during the period reserved
21 for public comment. However, no action shall be taken on any
22 item which does not appear on the agenda unless the action is
23 otherwise authorized in accordance with the provisions of
24 subdivision (b) of Section 54954.2 of the Government Code.W
25 C. The City Clerk shall include on every agenda of a
26 regular meeting, as the first item following the call to order,
27 the opportunity for public comment on matters which are not on
28 the agenda, headed wpublic Comments on Items Not on Agenda.. Any
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1 member of the public choosing to speak on a matter not on the
2 agenda may approach the microphone when that agenda item is
3 called, and address the Mayor and Common Council. The Mayor may
4 limit the time of any person to address the Mayor and Common
5 Council to three minutes per person, unless additional time is
6 granted by action of the Council duly entered upon its minutes.
7 D. When a member of the public desires to speak to the
8 Mayor and Common Council on any item on the agenda, he or she may
9 approach the public microphone when the agenda item is called,
10 and ask to be recognized.
11 E. The Mayor is authorized to limit discussion by members
12 of the public of any particular topic to not more than 15
13 minutes, and to limit the presentations by any speaker on a
14 particular agenda item or during public comments on non-agenda
15 items to not more than three minutes, provided, however, that the
16 time limits set herein may be amended at any time by the Council
17 by waiver of its rules. The Mayor shall endeavor to assure that
18 opposing sides in any controversy will be given approximately
19 equal opportunity to address the Mayor and Common Council.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a meeting thereof, held on the
23 day of , 1987, by the following vote, to
24 wit:
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9 of
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
, 1987.
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Mayor of the City of San Bernardino
Approved as to form:
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City ttorney
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