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CITY OF SAN BER~ARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: AMENDMENT TO RESOLUTION NUMBER
87-60 PROCEDURES TO COMPLY WITH
RALPH M. BROWN ACT
Dept:
Date: July 22, 1988
Synopsis of Previous Council action:
1. January 5, 1987 adopted Resolution Number 87-1, adopting
procedures for compliance with new provisions of Ralph M. Brown Open
Meeting's Act.
2. March 9, 1987 adopted Resolution 87-60 amending Resolution 87-.
Recommended motion: That the Resolution of the City of San Bernardino amending
Resolution No. 87-60 Entitled in Part "Resolution ... Adopting Procedures For
Compliance With New Provisions Of The Ralph M. Brown Open Meetings Act"; To
Limit The Total Period Of Public Comments To Forty-Five Minutes, To Prohibit
"Sharing"Of Time, To Prohibit Discussion Of Any Item Which Does Not Appear On Tt
Agenda, To Place the "Public Comments on Items Not On Agenda" As The Last Item
On The Agenda, And To Require That Agenda Items Be Spoken To When Called And
Prohibit Discussion Of Items Listed On The Agenda During The "Public Comments"
Time, be adopted.
~1L,
{ Signature
Contact person:
JAMES F. PENMAN
Phone:
384-5355
Supporting datllttlched: Staff Report
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: ( ACCT. NO.) N / A
(ACCT. DESCRIPTION) N/A
Finance:
Council Notes:
~
75.0262
Aopnrf~ 'ta.... M...
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Government Code Section 54954.3(b) permits local agencies (including
cities) to adopt reasonable regulations to insure that the intent of
the Ralph M. Brown Open Meetings Act is carried out, including, but not
limited to, regulations limiting the total amount of time allocated for
public testimony on particular issues and for each individual speaker.
The amendment to the previous regulations established by the Mayor and
Council accomplishes the following:
1. Limits total time for Public Comments to 45 minutes per
meeting,
2. Prohibits "Sharing" of time,
3. Prohibits discussion by the Mayor and Council of any item
not on the agenda, but raised during the Public Comments Time,
in order to be consistent with the Act,
4. Places the Public Comments Time at the end of the agenda,
5. Prohibits discussion of items already on the agenda during
Public Comments Time.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 87-60 ENTITLED IN PART "RESOLUTION . . . ADOPTING
PROCEDURES FOR COMPLIANCE WITH NEW PROVISIONS OF THE RALPH M.
BROWN OPEN MEETINGS ACT"; TO LIMIT THE TOTAL PERIOD OF PUBLIC
COMMENTS TO FORTY-FIVE MINUTES, TO PROHIBIT "SHARING" OF TIME, TO
PROHIBIT DISCUSSION OF ANY ITEM WHICH DOES NOT APPEAR ON THE
AGENDA, TO PLACE THE "PUBLIC COMMENTS ON ITEMS NOT ON AGENDA" AS
THE LAST ITEM ON THE AGENDA, AND TO REQUIRE THAT AGENDA ITEMS BE
SPOKEN TO WHEN CALLED AND PROHIBIT DISCUSSION OF ITEMS LISTED ON
THE AGENDA DURING THE "PUBLIC COMMENTS" TIME.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Resolution No. 87-60 (which amended Resolution
No. 87-1) Section 1 Subsections Band C are amended to read as
follows:
"B.
Every agenda for regular meetings of the Mayor and
Common Council 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.
Each copy of the agenda
shall contain the fOllowing notice:
'NOTICE: Any member of the public may address this meeting
of the Mayor and Common Council on any item appearing on the
agenda, by approaching the microphone in the Council Chambers
when the item about which the member desires to speak is called,
and by asking to be recognized.
Any member of the public
desiring to speak to the Mayor and Common Council concerning any
matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and Common Council, may address the
body at the beginning of the meeting, during the period reserved
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for public comment, said total period for publici comment ,shall
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not exceed forty-five (45) minute~ A five-minute limitation
shall apply to each member of the public, unless such time limit
ex.k T?d..Ro./ /l,/?<yu( 6'
is a~~~d by the1,common Council. No member of the public shall
be permi tted to "share" his/her five minutes with any other
member of the public. The Mayor and Common Council may refer any
items raised by the public 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.
However, no other action shall be taken nor discussion held by
the Mayor and Common Council 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.'
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C. The City Clerk shall include on every agenda of a
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regular meeting, 'Q.CL~~-J!t\::mr-~./"l'r-.~Aid 4:J~"'tma, 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."
SECT ION 2.
Resolution No. 87-60 Section 2 is amended by
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adding Subsection G to read as follows:
"G.
Items on the agenda shall be spoken to when said item
is called.
The public comment time on the agenda shall not be
used to address matters already listed on the regular agenda or
any supplemental agenda for the day in question."
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
1988, by the
fOllowing vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1988.
EVLYN WILCOX, MAYOR
22 Approved as to form
and legal content:
23 /J /7
24 Lk ;Zj~
/91ty Attorney
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RESOLUTION NO. 87-1
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. Implementation. 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:
f . I
A. At least 72 hours be ore a regular meet1ng 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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description of each item of business to be transacted or
discussed at the meeting. The agenda shall specify the time and
location of the regular meeting, and shall be posted in or near
the entry way to the Council Chambers in City Hall. In addition,
to assure that each such agenda is freely accessible to members
of the public, a copy shall be posted in the reference room of
the Norman F. Feldheym Public Library in the City of San
Bernardino. No business shall be discussed at the meeting which
is not covered by the posted agenda, without compliance with the
special provisions of Section 54954.2(b) of the Government Code
of the State of California. That section provides that the
legislative body may take action on items of business not
appearing on the posted agenda under any of the following
conditions:
1. Upon a determination by a majority vote of the
legislative body that an emergency situation exits, as defined in
Section 54956.5. "Emergency situation" means work stoppage or
other activity which severely impairs public health, safety, or
both, as determined by a majority of the members of the
legislative body, or crippling disaster which severely impairs
public health, safety, or both, as determined by the majority of
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 "NOTICE: 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."
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 "Public 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.
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D. When a member of the public desires to speak to the
5 Mayor and Common Council on any item on the agenda, he or she
6 may approach the public microphone when the agenda item is
7 called, and ask to be recognized.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Common Council of the City of San
regular
meeting thereof, held on
10 Bernardino at a
January
, 1987, by the following
11 the 5th
day of
12 vote, to wit:
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AYES:
Council Members Estrada, Reilly, Hernandez,
Marks. Quiel. Frazier
NAYS:
None
ABSENT:
Council Member Strickler
~,~~~
/City Clerk
1/6/87
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The foregoing resolution is hereby approved this 8th day
of
January
I 1987. /]
(/ .. /2 J
,r; . . /
[-1_ { c(l-t- <e / l p~
Mayor of the ci y or San Bernardino
Approved as to form:
/t:<;iiJ/!/~~0-~
City Attorney
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RESOLUTION NO.
>? 7~ 60
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:
i
8 SECTION 1. Resolution No. 87-1 Section 2 Subsections B
9 and C are amended to read as follows:
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"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 ot
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:
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"'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 Common Council may refer any items raised by the public tc
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. 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. '"
"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 comment 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."
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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 meeting thereof, held on
the q>'1 day of '-77J~~ , 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