HomeMy WebLinkAbout03-Council Office Section 2
Mayor and Common
Council Procedures
and Operating
Guidelines
ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Virginia Marquez Subject: Agenda for Mayor and Common Council
Council Member, 0 Ward Workshop on April 26, 2011
Dept: Council Office
Date: April 13, 2011
File: MCC Date: April 18, 2011
Synopsis of Previous Council Action:
September 17, 1984 — Mayor and Common Council adopted Procedural Rules for Meetings of the
Legislative Body,Resolution 84-371.
March 9, 1994 — Mayor and Common Council adopted regulations relating to posting of the agenda and
length of time for public comments,Resolution 94-46.
February 9, 1995 —Mayor and Common Council adopted a Resolution amending Resolution 94-46 relating
to posting of the agenda and the length of public comments, Resolution 95-27.
July 21, 1997 — Mayor and Common Council adopted a Resolution to limit the speaking time of Council
Members and Designated Others to 3 minutes until the Mayor and all other Council Members and
Designated Others have had an opportunity to speak, Resolution 97-221.
May 25, 2010 — Mayor and Common Council discussed and recommended changes to the Operational
Guidelines Code of Conduct.
June 8, 2010 - Mayor and Common Council discussed and recommended changes to the Operational
Guidelines Code of Conduct.
August 2, 2010 — Mayor and Common Council adopted Operational Guidelines which include a Code of
Conduct for the Mayor and Common Council, Agenda Guidelines and Council Committee Guidelines,
Resolution 2010-252.
Recommended Motion:
That the Mayor and Common Council procedures and operating guidelines be discussed at the
April 26, 2011 Mayor and Common Council Workshop.
r
Virginia Marque
Council Memb , 1 A Ward
Contact Person: Virginia Marquez
Council Member, ls`Ward Phone: 5268
Supporting data attached: Staff Report,Attachments A through E Ward(s): All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item No: 13
M/CC Date: 04/;b/2011
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Agenda for Mayor and Common Council Workshop on April 26, 2011
Backe:round:
During the Building a Better Community retreat, held in March of 2010, one of the strategic
initiatives presented for discussion was a Review of the Boards and Commissions. The purpose
of that review was to improve the efficiency of Mayor and Common Council appointed Boards
and Commissions to ensure that they are being utilized in a manner that provides the best
representation of the Mayor and Common Council. Although the Mayor and Common Council
deferred the review of this initiative at that time, the topic is now scheduled to be discussed at a
workshop on April 26, 2011.
Also, during the Building a Better Community retreat, the Mayor and Common Council were
presented with a number of Operational Guidelines, including a Code of Conduct for the Mayor
and Common Council, Agenda Guidelines, and Council Committee Guidelines. On
August 2, 2010, the Mayor and Common Council adopted the Operating Guidelines which
included a Code of Conduct (Attachment A).
Section 3 of the adopted Code of Conduct Guidelines states,
"The Mayor and members of the Common Council shall perform their duties in
accordance with the procedural rules for meetings established by them, in governing the
deliberation of public policy issues.. . "
Over the course of the past year, there have been references made to the Council Procedural
Rules during the discussion of a number of Council agenda items. These procedural rules and
regulations, which were adopted by the Mayor and Common Council on September 17, 1984, are
attached (Attachment B). Further, on March 9, 1994, the Mayor and Common Council adopted
the attached Resolution 94-46 which outlined the regulations related to agenda posting and the
length of time for public comments (Attachment C). These regulations were amended by the
Mayor and Common Council on by Resolution 95-27 on February 9, 1995 (Attachment D) and
again by Resolution 97-221 on July 23, 1997 (Attachment E). The latter adopted regulations to
limit the speaking time of Council Members and Designated Others.
1
As these Council Procedural Rules and regulations impact the conducting of the meetings and
other operations of the Mayor and Common Council, Councilmember Marquez is requesting that
the topic of Mayor and Common Council procedures and operating guidelines be added to the
agenda for the April 26 workshop. This recommendation would broaden the agenda for that
meeting to allow for discussion and possible action on all operating processes, procedures,
regulations, restrictions or guidelines of the Mayor and Common Council, such as closed session
procedures and attendance for Council and Committee meetings, the supervisory function of the
Council Office, the operation guidelines and scope of Council Committees, and all items
included in the Code of Conduct Guidelines.
Recommendation:
That the Mayor and Common Council procedures and operating guidelines be discussed at the
April 26, 2011 Mayor and Common Council Workshop.
2
. _...__m. ..... . ATTACHMENT "A"
1
RESOLUTION NO. 2010-252
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING
OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR THE
3 MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL
COMMITTEE GUIDELINES
4
WHEREAS, as part ofthe Building a Better Community retreat, the Mayor and Common
Council were presented with Operational Guidelines ("Operational Guidelines"); and
WHEREAS, the Operational Guidelines have been developed to provide better and more
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efficient communication between elected officials, staff, and the public; and
WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to
provide efficient procedures for elected officials to follow to assure public confidence in the integrity
of local government, its effective operations, and fair treatment of people, and
WHEREAS, the Agenda Guidelines and Council Committee Guidelines are intended to
provide procedures for staff and elected officials to follow to assure clear direction for agenda
preparation, posting requirements and deadlines; and
WHEREAS, the Mayor and Common Council have been given the opportunity to review
and make desired modifications to the Operational Guidelines; and
WHEREAS, the Operational Guidelines have been developed pursuant to the applicable
provisions of the San Bernardino City Charter and reviewed by the City Attorney.
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19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the
Mayor and Common Council, the Agenda Guidelines, and the Council Committee Guidelines, all
as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted.
SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier
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date.
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SECTION 3. The Operational Guidelines shall become effective upon adoption of this
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resolution.
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/1/
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2010-252
RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING
OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR
THE MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL
COMMITTEE GUIDELINES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regula1IIleeting thereof, held
on the 2nd day of AUgURt
Council Members:
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
,2010 by the following vote, to wit:
AYES NAYS
x
x
x
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X
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X
X
ABSTAIN ABSENT
~~h.~
Rachel G. Clark. City Clerk
The foregoing resolution is hereby approved this ~ day of
August
.2010.
July 28, 2010
~
. c . Morris, M~
City of San Bernardino
2010-252
"Building a Better Community"
Exhibit A
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CODE OF CONDUCT/GUIDELINES
1. General Overview
The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and
accountable local government which has earned the public's full confidence for integrity. The
City will operate in an open, honest and transparent manner. To this end, the Mayor and
Common Council of the City of San Bernardino have adopted a Code of Conduct for its
members to assure public confidence in the integrity of local government, its effective
operations, and fair treatment of people
2. Rules of Decorum
The professional and personal conduct of the Mayor and Common Council must be above
reproach and avoid the appearance of impropriety. The Mayor and members of the Common
Council shall refrain from abusive conduct, personal or verbal attacks upon the character or
motives of each other, the staff or the public.
3. Respect for the Process
The Mayor and members of the Common Council shall perform their duties in accordance with
the procedural rules for meetings, established by them, in governing the deliberation of public
policy issues, involvement of the public and the implementation of policy decisions of the
Mayor and Common Council by City staff.
4. Conduct of Public Meetine:s
The Mayor and Common Council shall prepare themselves for public issues; listen courteously
and attentively to all public discussions before the body; and focus on the business at hand.
They shall refrain from interrupting other speakers; making personal comments not germane to
the business of the body; or otherwise interfering with the orderly conduct of meetings.
S. Decisions based on Merit
The Mayor and Common Council shall base their decisions on the merits and substance of the
matter at hand, rather than on unrelated considerations.
6. Sharine: of Information on Issues under Consideration
The Mayor and Common Council shall publicly share substantive information that is relevant
to the matter under their consideration, which they may have received from sources outside of
the public decision-making process.
7. Contlict of Interest
In order to assure their independence and impartiality on behalf of the common good, the
Mayor and Common Council shall not use their official positions to influence government
decisions in which they have a material financial interest; or where they have an organizational
responsibility or personal relationship which may give the appearance of a conflict of interest.
8. Gifts and Favors
The Mayor and Common Council shall not take any special advantage of services or
opportunities for personal gain, by virtue of their public office that is not available to the public
in general. They shall refrain from accepting any gifts, favors or promises of future benefits
which might compromise their independence of judgment or action, or give the appearance of
being compromised.
Page 1 of8
2010-252
"Building a Better Community"
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Name of PrOllram: Operational Guidelines
PrOllram: Code of Conduct
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9. Confidential Information
The Mayor and Common Council shall respect the confidentiality of information concerning
the property, personnel or affairs of the City. They shall neither disclose confidential
information without proper legal authorization, nor use such information to advance their
personal, financial or other private interest.
10. Use of Public Resources
The Mayor and Common Council shall not use public resources that are not available to the
public in general, such as City staff time, equipment, supplies or facilities for private gain or
personal purposes.
11. Independence of Boards and Commissions
The Mayor and Common Council shall refrain from using their position to unduly influence the
deliberations or outcomes of commission proceedings.
12. Policv Role of Members
The Mayor and Common Council are responsible for setting clear direction and policies and for
holding the City Manager accountable for achieving those policies.
The Mayor and Common Council should respect and adhere to the established procedures of
city government whereby the Council determines the policies of the City with the advice,
information and analysis provided by the public, commissions and City staff.
The Mayor and Common Council should not interfere with the administrative functions of the
City or the professional duties of City staff; nor should they impair the ability of staff to
implement Council policy decisions per City Charter Section 104.
The Mayor and Common Council will not divert management from the approved priorities with
issues of personal interest or requests for information that may require significant staff
resources without the active approval of the majority of the Mayor and Common Council. The
Council will come to consensus regarding major issues that need further exploration and
analysis so as to judiciously assign tasks to the City Manager and his staff. This language does
not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from
bringing information forward and discussing it with the City Manager and/or Staff.
13. Public Relations
When the Mayor and Common Council have not taken a position on an issue, neither the
Mayor nor any Councilmember should speak on behalf of the Mayor and Common Council.
When presenting their individual opinions and positions, Councilmembers should explicitly
state that they do not represent their body, the City of San Bernardino, nor should they
encourage the inference that they do.
After a decision is made, the Mayor serves as the spokesperson for the City's view on policy
matters; the Common Council should speak with "one voice."
14. Positive Work Place Environment
The Mayor and Common Council shall support the maintenance of a positive and constructive
work place environment for City employees and for residents and businesses dealing with the
City. The Mayor and Common Council shall recognize their special role in dealings with City
employees and in no way create the perception of inappropriate direction to staff.
Page 2 of8
2010-252
"Building a Better Community"
Name of Proflram: Operational Guidelines
PrOflram: Code of Conduct
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15. Communication with City Manaeer and Staff
. The City Manager is responsible for managing the day-to-day operations of City government.
. Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the
City Manager before going to Department Directors.
. When contacting Department Directors through e-mail, the Mayor and Council members will
copy the City Manager as a courtesy.
. The City Manager will ensure that the Mayor and Common Council are proactively informed
on major policy issues or issues that may attract media or public attention; likewise, the Mayor
and Common Council members will give the City Manager notice if he or she learns of issues
of concern.
. The Mayor, Common Council, City Manager and staff will not blindside each other in public.
. Council members are encouraged to submit questions on agenda items to the City Manager as
far in advance of the meeting as possible so that staff can be prepared to respond at the
meeting.
. The Mayor and Common Council should not criticize staff in public.
. The Mayor and Common Council will refer 'citizen complaints to staff and give them adequate
time to respond. Staff will report back to the Council through the City Manager on the
resolutions of these complaints.
. The Mayor and Councilmembers will be provided with information from staff and other
members on an equal basis so that they are equally prepared to make good decisions.
16. Compliance and Enforcement
The Code of Conduct expresses standards of ethical conduct expected of the Mayor and
Common Council. The protocols are intended to be self-enforcing; members themselves have
the primary responsibility to assure that the standards are understood and met. The Mayor has
the additional responsibility to intervene when the actions of Council members appear to be in
violation ofthe Code during the process of conducting the Council meetings.
17. Community Development Commission
This code of conduct shall also apply to the Community Development Commission and its
Chairman.
Page 3 of8
2010-252
"Building a Better Community"
Name of Prol!ram: Operational Guidelines
Prol!ram: Agenda Guidelines
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AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL
1. Placin2 Matters On The A2enda
In addition to matters pending before any committee, commission or other advisory body of the
Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on
the agenda by the Mayor, Council Members, City Clerk, City Attorney, City Treasurer, and
City Manager.
All written petitions, communications, and other matters to be submitted to the City Council for
inclusion in the agenda packet for consideration at a regular or adjourned regular meeting
should be delivered to the City Manager's Office no later than the time established by current
administrative policy.
The City Clerk shall compile the agenda, listing all matters to be considered by the Council
according to the order of business, numbering each item consecutively.
2. Submission of A2enda Item Staff Reoorts
Mayor and Common Council staff reports and back-up material should be prepared and
submitted to the City Manager's Office two weeks prior to each regular Common Council
meeting at which the item shall be heard. If an item has been continued to a future meeting and
requires new or additional back-up material, it shall be due within one week of the following
meeting.
3. Preoaration and Distribution of the A2enda Packet
The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior
to each regular Common Council meeting. A copy of the agenda, with accompanying staff
reports and other background materials, should be delivered to the Mayor and each Council
Member so as to be available no later than the Thursday preceding the Council meeting.
Except in the case of items qualifying on which the need to take action arose after the agenda
was posted per the Brown Act, no item shall be considered by the Mayor and Common Council
if not included on the agenda. However, a correction or supplement to an item already
contained in the packet may be included.
4. Postine: of A2enda
The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular
Meeting at least 72 hours in advance of said meeting in a location that is freely accessible to
members of the public. The City Clerk shall maintain an affidavit indicating the location, date
and time of posting each agenda.
5. Failure to Meet Deadlines
The City.Clerk shall not, without the consent of the City Manager, accept any new agenda item
after the deadlines established in the administrative policies except items from the Mayor and
Council Members, City Treasurer, and City Attorney.
Page 4 of8
2010-252
~~Building a Better Community"
Name of Prof!ram: Operational Guidelines
PrOf!ram: Agenda Guidelines
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Only those matters listed on the agenda shall be acted upon by the Mayor and Common
Council. However, if a matter arises after posting of the agenda, the provisions of the Brown
Act shall apply.
ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS
1. While the Common Council is in session, the Mayor, Councilmembers and City staff shall
maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or
interrupt the proceedings of the Common Council or interrupt any member while speaking.
2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will
acknowledge them before they begin to speak and the Mayor should acknowledge speakers in
the order in which they seek recognition.
3. Any Councilmember shall have the right to express dissent from, or protest to, or comment
upon, any action of the Common Council.
4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision.
When possible, the Cornmon Council should attempt to reach consensus on an issue. When
this is not possible, the majority vote shall prevail. However, the Common Council shall
respect the opinion of the minority.
5. The Mayor and Common Council shall publicly share substantive information, which they may
have received from sources outside the public decision-making process, which is relevant to a
matter under consideration by the Common Council.
6. The Mayor and Common Council will strive for a win-win situation by respecting diverse
opinions. They will allow for everyone's opinion to be heard and respected, even if they do not
win the vote or prevail on the issue.
7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda
item the Councilmembers will allow the opportunity to dialogue with each other to build
consensus on an item
ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS
1. City staff will provide written analysis and information on all agenda items emanating from
their respective departments as soon as it is available. Additionally, a copy of the materials,
including technical reports, will be available to the public in compliance with the Brown Act.
2. Staffwill be available to answer questions of the City Council prior to and during City Council
meetings.
3. Staff will respond to questions from the public during City Council meetings when requested to
do so by the Mayor, City Council, or City Manager.
Page 5 of8
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2010-252
"Building a Better Community"
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4.
5.
During Council meetings, staff shall turn off or switch any electronic equipment such as pagers
and cellular telephones to a silence mode.
Staff will remain objective in the presentation of their recommendations on issues before the
Mayor and Common Council. Staff should not be an advocate for issues unless so directed by
the Mayor and Common Council; rather, they should promote or assist the efforts of Mayor and
Common Council.
6.
City staff will implement all Mayor and Common Council policies as directed by the City
Manager.
ROLE OF THE PUBLIC DURING COUNCIL MEETINGS
1. Members of the public attending Council meetings shall observe the same rules and decorum
applicable to the Mayor, Common Council, and staff.
2. All speakers must approach the podium when recognized by the Mayor. Members of the public
shall only speak from the podium. The Public shall not engage in conduct that disrupts the
meeting,
3. Members of the public shall turn off or switch any electronic equipment such as pagers and
cellular telephones to a silent mode while attending a City Council meeting.
4. If a member of the public desires to provide written correspondence (11 copies recommended)
to the Mayor and Common Council, all such materials shall be given directly to the City Clerk
prior to the meeting, or if during the course of the meeting, the materials shall be given to the
City staff on the dais. At no time shall the public provide materials directly to the Mayor and
Council.
Page 6 of8
2010-252
"Building a Better Community"
Name of Prollram: Operational Guidelines
PrOllram: Council Committees
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PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES
STANDING COMMITTEES
1. Policy
It is the policy of the Mayor and Common Council to use standing committees in open and
public meetings to study City Business in greater depth than is possible in the time allotted for
Council meetings.
2. Puroose
These rules are intended to enhance public participation and committee meetings so that the
best possible decisions can be made for San Bernardino.
3. General Requirements
Common Council standing committees shall be subject to the following procedural rules.
4. Quorum
A majority of the committee membership shall constitute a quorum
5. Function of Committees
The purpose and intent of committee meetings is to provide for more thorough and detailed
discussion and study of prospective or current Council agenda items with a full and complete
airing of all sentiments and expressions of opinion on city problems by both the Common
Council and the public, to the end that Common Council action will be expedited. Actions of
the committee shall be advisory recommendations only. Within 120 days of an item being
referred by the Mayor and Common Council to a committee, the item will be placed back on
the Common Council agenda for an update or final action.
6. Minutes
The Common Council staff shall be responsible for the preparation and distribution to the
Mayor and Common Council of the minutes of standing committee meetings. The minutes for
these meetings shall be action minutes which reflect the motions made during these meetings.
The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting
at which the Committee's recommendations are to be discussed.
7. Report of Committee
The minutes of each committee meeting shall serve as the report to the Mayor and Common
Council. Any member may write a separate report. Council staff will compile and present a
quarterly report to the full Council of a list of items pending by title, sponsor, and the date it
was placed and the department responsible.
Page 7 of8
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2010-252
"Building a Better Community"
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Name of Pro1!ram.' Operational Guidelines
Pr01!ram: Council Committees
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8. Ae;enda
The chairperson of each standing committee shall prepare the agenda for committee meetings,
the sequence of study being, within reasonable limits of practicality, the same as the sequence
of referral
9. Public Participation
Public comment on agenda items will be limited to a maximum of three minutes per speaker, or
any alternate time limit specified by the presiding officer,
10. Conduct of Standine Committee Meetine:s
The chairperson of each committee may conduct meetings with as much informality as is
consistent with Mayor and Common Council procedural rules for meetiqgs, which shall also be
in effect during committee meetings, The views of interested private citizens shall be heard in
committee meetings, but in no case shall a committee meeting be used as a substitute for public
hearings required by law.
11. Oral Communications
Opportunities for oral communications shall be provided in the same manner as Council
meetings,
AD HOC COMMITTEES
In addition to standing committees, the Mayor Pro Tempore, subject to approval of the
Common Council, may appoint members to such other Ad Hoc Council Committees as deemed
desirable and necessary to assist and advise the council in its work. Upon his/her appointment,
the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees
before assigning members. These Ad Hoc Committees meet on as needed basis.
Page 80f8
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ATTACHMENT "B"
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RESOLUTION NO. 84-371
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL
RULES FOR MEETINGS OF THE LEGISLATIVE BODY, AND REPEALING
RESOLU~ION NO. 81-161.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
s
6 SECTION 1. Those certain procedural rules and regulations
7 entitled "Procedural Rules for Meetings of the Mayor and Common
8 Council", a copy of which is attached hereto, ~arked Exhibit -A"
9 and incorporated herein by reference as fully as though set forth
10 at length, are hereby adopted.
11 SECTION 2. These rules are adopted by the Common Council
12 pursuant to the authority of Article III Section 34 of the Charter
13 of the City of San Bernardino. The objective of the rules is to
14 assure that meetings will proceed in an orderly manner and that
IS all interested parties shall have an opportunity to participate in
16 germane discussion of matters of business before the Common
17 Council.
18
SECTION 3. Resolution No. 81-161 is hereby repealed.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21
Bernardino at a
regular
meeting thereof, held on
22
the
17th day of
September
, 1984, by the following vote,
23 to wit:
24
AYES:
Council Members CaRtaneda, Reill Marks
2S
26
Quiel, Frazier, Strickler
NAYS:
Council Me~er Hernande2
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ABSENT:
None
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of
, 1984.
The foregoing resolution is hereby
September
Approved as to form:
~~=
C ty A orney ~
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day
Bernardino
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PROCEDURAL
RULES FOR MEETINGS OF
THE MAYOR AND COMMON COUNCIL
I. PRESIDING OFFICER
These rules recognize the fact that Article III, Section 36
of the Charter of the City of San Bernardino charges the Mayor
with the duty to. serve as Presiding Officer of meetings of the
Common Council without the right to vote. In the absence of the
Mayor, the Common Council shall have the right to select one of
its own members to serVe as Presiding Officer. When a Council
member is serving as Presiding Officer, he shall retain all the
rights of a Council member, as well as assume those of the
presiding Officer, and shall have the same power to disapprove any
order as the Mayor would have had if present and presiding.
A. The Presiding Officer shall be fair and impartial during
the deliberations and proceedings of the Mayor and
Common Council. He shall be bound by and comply with
these rules of the Common. Council in his actions and
conduct as Presiding Officer.
B. The Presiding Officer may make brief intrOductory
remarks and may recommend, or advocate approval or
disapproval, a continuance, or any other action
concerning any business item after the number and title
of the item is announced by the City Clerk. The
Parliamentarian may act to terminate those intrOductory
remarks that appear to be excessive and, thereafter,
such remarks shall cease. IntrOductory remarks can be
made by the originator of the item.
llHi.BI1 A
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C. Any comments, debate or discussion may be terminated at
any time, without recognition by the chair, by a motion
for the previous question which is duly adopted by the
Common Council.
D. The Presiding Officer shall maintain control of the
meeting and impartially recognize persons desiring to
address the Common Council. He shall strive to be fair,
impartial and courteous while maintaining control.
Concerning contested or controversial items, he shall
attempt to fairly apportion the allotted time for debate
or presentation of evidence between proponents and
opponents. He shall not threaten, intimidate pr engage
in personal attacks upon or criticism of any person at
the meeting. He shall not comment upon or evaluate the
remarks made by any person except in the lawful exercise
of his right to approve or disapprove any order of the
Common Council. Such right shall be exercised before
adjournment.
E. Except when the motion is non-debatable, the Presiding
Officer shall permit each Council member to ~ake remarks
relevant to the matter under discussion before the vote
thereon is taken.
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Any interpretation of these rules by the Presiding
Officer can be overruled by a successful appeal of the
ruling of the Presiding Officer or by a motion adopted
by the Common Council to waive the rule in question, or
by a ruling of the Parliamentarian of the Common Council
which can override the interpretation of the Pre~iding
Officer.
8 II. PARLIAMENTARIAN
9
A Parliamentarian shall be chosen by the Common Council. The
10 Parliamentarian shall have the responsibility of monitoring the
11 meetings of the Common Council for compliance with and enforcement
12 of these rules by rendering decisions on requests for points of
13 order from other members or by interrupting the proceedings to
14 call attention to any violation of these rules. A decision by the
1"S 'parliamentarian shall be final, except when such decfsion is
16 voided by a motion to waive the rule in question which is adopted
17 by the Common Council. If the motion to waive cannot be decided
18 by four or more ayes or nays, the discussion shall be terminated
19 and postponed until the end of the same Council meeting.
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20 III. CONDUCT OF MEMBERS
A.
Members of the Common Council shall conform to these
rules in their own conduct and shall assist in causing
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compliance with these rules during the course of all
B.
meetings.
The members of the Common Council are charged with
conducting themselves in an orderly manner and shall not
threaten, intimidate or engage in personal attacks or
criticism of any person at the meeting.
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C. Members shall strive, at all times, to keep their
remarks germane to the item which is on the floor for
discussion and every attempt shall be made to process
the business of the meeting in an expeditious and
courteous manner.
IV. COUNCIL AGENDA
All items to be considered by the Mayor and Common Council at
a public meeting shall be presented to the City Clerk for
placement on the agenda of the Mayor and Common Council pr~or to
4:00 p.m. on the Tuesday following the first and third Mondays.of
the month for regular meetings, prior to 2:00 p.m. at least three
business days before any adjourned regular meeting of the ~ayor
and Common Council, and at least 24 hours before special meetings,
and for the emergency supplemental agendas, prior to noon on the
Wednesday before the regular meeting. Except as provided in these
rules, no item or matter shall be presented to the Mayor and
Common Council at a public meeting unless and until a motion is
adopted by the Common Council to waive the agenda deadline
requirements.
Any request to reconsider an item previously considered and
acted upon in a final manner by the Mayor and Common Council shall
be placed at the end of the supplemental agenda for a determinatio
of whether it should be set for a hearing at an appropriate time,
and place.
V. PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be stated by the
Presiding Officer or City Clerk before debate. A motion may be
withdrawn by the mover or seconder at any time before a vote is
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taken on the item.
A. Motions Out of Order. The Presiding Officer shall at
any time, by majority consent of the members, permit a
member to introduce an ordinance, resolution ormation
out of the regular agenda order.
B. Division of Question. If the question contains two or
more divisible propositions, the Presiding Officer may,
and .upon request of a member shall (unless ~ppealed),
divide the same.
VI. PRECEDENCE OF MOTIONS
When a motion is before the Common Council, no motion shall
be entertained except: (a) to adjourn, (b) to fix hour of
adjournment, (c) to lay on. the table, (d) for the previous
question, (e) to amend or present a substitute motion, (f) to
postpone (continue) to a certain day, (g) to refer, and (h) to
postpone indefinitely. The. foregoing motions shall have
preceden~e in the order indicated above.
EXPLANATION OF MOTIONS
A. Motion to Adjourn. (debatable as to time and place) A
motion to adjourn shall be in order at any time, except
as follows: (1) when repeated without intervening
business or discussion: (2) when made as an interruption
of a member while speaking: (3) when the previous
question has been ordered: and (4) while a vote is being
taken. A motion to adjourn to a specified time shall be
debatable only as to the time to which the meeting is
adjourned.
B. Motion to Fix Hour of Adjournment. The purpose of a
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c.
motion to fix the hour of adjournment is to set a
definite time at which to adjourn. The motion is
undebatable and amendable except as to the time set.
Motion to Table. (debatable only as to time and place)
The purpose of a motion to table is to temporarily
bypass the sUbject. A motion to lay on the table is
non-debatable and shall preclude all amendments or
debate of the subject under consideration. If the
motion shall prevail, the matter may be "taken from the
table" at any time.
D.
Motion for Previous Ouestion. The purpose of a motion
for the previous question is to close debate on the main
motion. It is non-debatable. (Just stating "question"
or "call for the question" does not accomplish the same
thing.) If-the motion fails, debate is reopened; if the
motion passes, then there shall be a vote on the main
motion.
E.
Motion to Amend. (debatable only as to amendment) A
motion to amend an amendment is in order, but one to
amend an amendment to an amendment is not. An amendment
modifying the intention of a motion is in order, but an
amendment relating to a different matter shall not be in
order. A s~bstitute motion on the same subject is
acceptable. Amendments shall be voted first, then the
main motion as amended shall be voted.
F.
Motion to Reconsider. (non-debatable after being
seconded) The motion to reconsider shall include the
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reason for the request in order to be recognized and
valid.
G. Motion to Continue. (debatable only as to reason)
H. Motion to Refer. (debatable only as to destination of
referral)
VII. VOTING
On the passage of every motion, the vote shall be taken and
entered in full upon the record.
A. Failure to Vote. Every member should vote unless
disqualified for cause.
1. Self-disqualification, without approval, which
results in a tie vote should be avoided as
thwarting Council action, but no Council member
shall be forced to vote.
2. Tie votes are "lost" motions and, by vote of the
Council, may be reconsidered later.
B. Presence Required. Only.those members of the Common
Council actually present in the Council Chambers at the
time the vote is called for shall vote. Council members
shall cast their vote as expeditiously as possible and
may press their voting button on an item when leaving
the Chambers for a short time and that vote shall count.
A Council member should strive to be present at all
times during an evidentiary and quasi-judicial hearing.,
C. Reconsideration. 'Any member may move a reconsideration
of any Council action at the same meeting.
D. Changing Vote. Any member may change his vote before the
meeting is adjourned for that day, provided he orally
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and publicly announces to all members present that his
vote will be changed. (A Council member should consider
3 the effect of his change of vote on the vested rights of
4 others who may have relied upon a prior Council action.)
S VIII. APPEALS FROM THE RULING OF THE CHAIR
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A.
Whenever a decision has been rendered by the Presiding
Officer concerning the operating procedures of the
Common Council and before the Common Council moves on to
further business, any member wishing to dissent that
decision may, without recognition by the Presiding
Officer, declare "I appeal the ruling of the chairn.
B.
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When this occurs, the Presiding Officer shall, without
the allowance of any discussion, call for a vote on the
motion to appeal; and if the voting members of the
Common Council sustain the appeal by a vote of five or
more, then the appeal shall be sustained and the
business under discussio~ when the ruling was made shall
proceed as if the Presiding Officer had not made the
ruling in question.
c.
If the appeal is not supported by at least five of the
voting members present, then the appeal shall be
declared lost by the Presiding Officer and the Common
Council shall proceed with the order of business.
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ATTACHMENT "e"
RESOLUTION NO. 94-46
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF ~E CITY OF
SAN BERNARDINO.ADOPTING REGULATIONS RELATING TO POSTING OF THE
AGENDA AND THE LENGTH OF TIME FOR PUBLIC COMMEN"l'S 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
WHEREAS, Government Code 554954.2, as part of the Ralph M.
Brown Act (Government Code 554950 et seq.), requires 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, and
WHEREAS, with specified exceptions, Government Code
5554954.2 and 54954.3 require that the legiSlative body of a local
agency may not take action on items of business not appearing on
the posted agenda, and
WHEREAS, Government Code 554954.3 requires that each agenda
for regular meetings shall provide an opportunity for members of
the public to directly address the legislative body of a local
agency on items of interest to the public that are wi thin the
subject matter jurisdiction of the legislative body, and
WHEREAS, Government Code 554954.3(b) provides that the
legislative body of a local agency may adopt reasonable
regulations relating to time limits for such speakers, and
WHEREAS, the City of San Bernardino falls within the
definition of the Government Code 554951 of the Brown Act as a
local agency subject to the terms of the Act, and
WHEREAS, the Mayor and Common Council of the City of San
Bernardino fall within the definition of Government Code S54952 as
a legiSlative body under the Act,
"
NOW, THEREFORE, the Mayor and Common Council of the City of
DAB/js [Agenda. Res]
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January 14. 1994
7~'t~ 'I(
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. E~cept 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
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which may be granted in the discretion of the Mayor and Common
Council.
Subsequent two-minute time extensions may also be
requested.
8. The total time for public comments on items not on the
agenda for all speakers shall not exceed forty-five (45) minutes,
unless such time limit is extended by the Mayor and Common
Council.
9. Any member of the public may address the Mayor and
Common Council either on any item appearing on the agenda, or
during the public comments item on any item within the subject
matter jurisdiction of the Mayor and Common Council but not on the
agenda, by approaching the public microphone when the item about
which the member desires to speak is called, and by asking to be
recognized.
10. No member of the public shall be permitted to "share"
his or her allotted time with any other member of the public.
11. The Mayor and Common Council may refer any items raised
by the public under "public comments" or any matter relating to an
item appearing on the agenda to any commission, board, bureau, or
committee for appropriate action or have the item or matter placed
on the next agenda of the Mayor and Common Council.
12. No other action shall be taken nor discussion held by
the Mayor and Common Council on an 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.
13. The Mayor is authorized to limit comments of the public
either under public comments or relating to an item on the agenda
DAB/ja [Agenda.Rea]
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January 14. 1994
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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.
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I HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the Mayor and Common Council of the City of
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San Bernardino at a
regular
meeting thereof, held on the
7th day of March
, 1994, by the following vote, to-wit:
AYES NAYS ABSTAIN ABSENT
x
x
x
x
x
x
x
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
/.) ) "
>""'t' 'L..~/l....L<'"
CitY'---Clerk
The foregoing Resolution is hereby approved this ~ r'n. day
(I'l ^-./
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March
of
, 1994.
." . 'J' i.
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Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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DAB/js {Agenda.Res]
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January 14. 1994
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'. ATnCHM~NT "D"
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
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
amended to read as follows:
SECTION 1.
Section 6 of Resolution No. 94-46 is hereby
"6. A three minute limitation per item shall
apply to each member 'of the public addressing the
Mayor and Common Council either on an agenda item or
under public comments with a total time limitation of
15 minutes per meeting."
94-46 to read as follows:
SECTION 2. Section 7.1 is hereby added to Resolution No.
"7.1
item shall
that item
shall be
determined
An appellant or a named party to an agenda
not be subject to the time limitations on
otherwise specified in these rules, but
subject to reasonable limitations as
by the Mayor and Common Council."
SECTION 3.
Section 14 of Resolution No. 94-46 is hereby
amended to read as follows:
/ / /
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/ / /
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"14. An additional consent agenda shall be
included on the agenda made up of items previously
heard and considered by a committee of the common
council and such items shall not be subject to any
disoussion by the Mayor and Common Councilor by any
member of the public. No item shall be removed from
the consent agenda for public discussion unless it is
removed' at the request of the Mayor or a member of the
Common Council."
1
DAB/js [Agenda4.Res]
January 26. 1995
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RESOLUTION. . .AMENDING RESOLUTION NO. 94-46 RELATING TO
POSTING OF THE AGENDA AND THE LENGTH OF PUBLIC COMMENTS
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular .
meeting thereof, held on the
6th day of February
, 1995, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN X
POPE-LUDLAM x
MILLER x
Q~~
Ciby Clerk
The foregoing Resolution is hereby approved this
9th
day
of
February
, 1995.
,,--J' ~ -, -I (
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T m Minor; Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
{'.. -/' G .-?o 'L'-' r' ~i<. ~-.~I
~c.~,..c.-e.-''' / r .
By: t1~ .~." 7. /~~-u..~
{/
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d-d r"'-'-'v ~~ 1~_Z:,..:. ::t., L.'>Lc'':'.
J ~-z~.~ .< c.,,~..J P-u..
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Section 6 is not approved as presented in Sectio"n?:J / 1 * herein. Sections 2 "
3 are approvea;- * We still have legal r2servat~nS about the 3 minute limit.
DAB/js [Agenda4.Res] January 26, 1995
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ATTACHMENT i,iEn
1
RESOLUTION NO. 91-221
2 RESOLUTION OF 1HE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 94-46 TO LIMIT THE SPEAKING TIME OF
3 COUNCn.. MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES UNTn.. THE MAYOR
AND ALL OTHER COUNCIL MEMBERS AND DESIGNATED OTHERS HAVE HAD AN
4 OPPORTUNITY TO SPEAK.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
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SECTION 1. Section 15 is hereby added to Resolution No. 95-46 as previously amended
by Resolution No. 95-27, to read as follows:
"15. Neither the Mayor nor any Councilmember nor the City
Attorney, City Clerk, or City Administrator may speak longer than three
minutes on any item on the agenda or during the "announcements" portion of
the meeting, until the Mayor, each other Councilmember, the City Attorney,
City Clerk, and City Administrator shall have first had an opportunity to speak
on that item for three minutes. Subsequent opportunities to speak shall also
be limited to three minutes unless by unanimous consent of the
Councilmembers present, such subsequent three minute speaking limit is
waived. This resolution shall be reviewed six months from its adoption by the
Mayor and Common Council."
1
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97-221
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NO. 94-46 TO LIMIT THE SPEAKING
2 TIME OF COUNCIL MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES
UNTIL THE MAYOR AND ALL ornER COUNCIL MEMBERS AND DESIGNATED
3 OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK.
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 joint regular
meeting thereof,
6 held on the 21st day of July , 1997, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 NEGRETE x
9 CURLIN x
10 ARIAS x
11 OBERHELMAN x
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12 DEVLIN x
13 ANDERSON x
14 MilLER x
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16 CITY CLERK
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The foregoing Resolution is hereby approved this 23r~ JulY\
~~
OM MINO Mayor
City of San Bernardino
,1997.
23
22 Approved as to form and
legal content:
JAMES F. PENMAN,
24 City Attorney
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