HomeMy WebLinkAboutcity clerk notesCITY OF SAN BERNARDI N City Clerk
AGENDA
FOR THE
WEDNESDAY, FEBRUARY 6, 2019
OPEN SESSION 3:30 PM
COUNCIL CHAMBER
201 NORTH "E" STREET - SAN BERNARDINO, CA 92401 - WWW.SBCITY.ORG
Theodore Sanchez John Valdivia James Mulvihill — %
Sandra Ibarra
VACANT
Fred Shorett
4
Henry Nickel
r
Bessine L. Richard
COUNCI! MF'PARF� WARD 6
Andrea M. Miller
Gary D. Saenz
Georgeann "Gigi" Hanna
vY Y 1 �M
David Kennedy
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
O Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Cleric. You may email your request to speak
to publiccomments@sbcity.org prior to 7:30 a.m. Each request will cover one speaker. Those who
wish to speak must submit their own request to be called on by the Mayor.
o There is a 3 -minute -per -person time limit for all comments, excluding quasi-judicial hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
O Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
O All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
O Please contact the City Clerk's Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
O All documents for public review are on file with the City Clerk's Office or may be accessed online by
going to www.sbcity.org.
o Please tum off or mute your cell phone while the meeting is in session.
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Joint Special Meeting Agenda February 6, 2019
Call to Order
Attendee Name
Present
Absent
Late Arrived
Council Member, Ward 1 Theodore Sanchez
❑
❑
❑
Council Member, Ward 2 Sandra Ibarra
❑
❑
❑
Council Member, Ward 3 VACANT
❑
❑
❑ ------
Council Member, Ward 4 Fred Shorett
❑
❑
❑
Council Member, Ward 5 Henry Nickel
❑
❑
❑
Council Member, Ward 6 Bessine L. Richard
❑
❑
❑
Council Member, Ward 7 James Mulvihill
❑
❑
❑
Mayor John Valdivia
❑
❑
❑
City Clerk Georgeann "Gigi" Hanna
❑
❑
❑
City Attorney Gary D. Saenz
❑
❑
❑
City Manager'Andrea M. Miller
❑
❑
❑
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and City Council on any item listed on the agenda. There is no limit to the
number of items that may be discussed within the three-minute time limit,
STAFF REPORT
1.
Discussion Regarding City Council Rules of Decorum and Limits on
Elected Official Comments and Deliberation
Recommendation:
City Council may adopt Resolution No. 2019-22 — Resolution
of the Mayor and City Council of the City of San Bernardino,
California, Amending the Rules of Decorum of City Council
Meetings to Set Forth Time Limits for Elected Official
Comments and Deliberation.
ADJOURNMENT 01 5, "W x"4 -
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, February 6, 2019 in the Council Chamber located at 201 North "E"
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann "Gigi" Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the February 6, 2019 special meeting of the Mayor and City Council was posted on the
City's bulletin board located at 201 N. "E" Street, San Bernardino, California, at the San Bernardino Public
Library, and on the City's website www.ci.san-bernardino.ca.us on Tuesday, February 5, 2019,
declare under the penalty of perjury that the foregoing is true and correct.
Georgeann "Gigi" Hanna, MMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 2 Printed 2/5/2019
1.a
City of San Bernardino
Request for Council Action
Date: February 6, 2019
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
Sonia Carvalho, Chief Assistant City Attorney
Staff Report
Subject: Resolution No. 2019-22 — Resolution of the Mayor and City
Council of the City of San Bernardino, California, Amending
the Rules of Decorum of City Council Meetings to Set Forth
Time Limits for Elected Official Comments and Deliberation.
Recommendation
The City Council may adopt Resolution No. 2019-22 — Resolution of the Mayor and City
Council of the City of San Bernardino, California, Amending the Rules of Decorum of
City Council Meetings to Set Forth Time Limits for Elected Official Comments and
Deliberation.
Background
At the Mayor and City Council meeting on January 16, 2019, in order to expedite
meetings and to improve efficiency, the Mayor requested the City Attorney's office bring
back an item for City Council consideration relating to the limiting of elected official
comment during deliberation on agenda items.
Discussion
In accordance with Section 309 of the City Charter, the City Council is required to
establish rules of decorum for the conduct of Mayor and City Council meetings.
The City Council has previously established rules relating to public comments and
testimony (Resolution No. 2018-89, adopted March 21, 2018), rules relating to quasi-
judicial hearings (Resolution No. 2018-88, adopted March 21, 2018), a code of conduct
to govern the behavior of the Mayor and City Council (San Bernardino Municipal Code,
Chapter 2.58), and operating practices for good governance (Resolution No. 2015-71,
adopted April 6, 2015). The resolutions adopting such rules and the applicable
Municipal Code provisions are attached hereto for reference.
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At present, the City Council has no rules which limit its own comment on items before
the Mayor and Council.
In the interest of expediting meetings to afford respect to the time of elected officials,
City staff, and the general public, the Mayor has suggested that it may be desirable to
establish limits on the length of time dedicated to elected official comments and
deliberations during items. The attached draft Resolution is designed to achieve this
goal and to balance the need to ensure each elected official is afforded sufficient time to
express their opinions with the need for flexibility where additional time for deliberation
is required.
Fiscal Impact
None.
2018-19 Goals and Ob'ectives
The consideration of time limits aligns with Goal No. 5: Improve City Government
Operations by arguably providing for more efficient City Council meetings.
Conclusion
The City Council may adopt Resolution No. 2019-22 — Resolution of the Mayor and City
Council of the City of San Bernardino, California, Amending the Rules of Decorum of
City Council
Deliberation.
Attachments
Attachment 1
Attachment 2
Ward: All
Meetings to Set Forth Time Limits for Elected Official Comments and
Proposed Resolution No. 2019-22 — Resolution of the Mayor and
City Council of the City of San Bernardino, California, Amending the
Rules of Decorum of City Council Meetings to Set Forth Time Limits
for Elected Official Comments and Deliberation.
Resolution No. 2018-89; Resolution No. 2018-88; San Bernardino
Municipal Code, Chapter 2.58; and Resolution No. 2015-71.
Synopsis of Previous Council Actions:
1/16/19 — Mayor requested item relating to limits on elected official discussion on agenda items.
1.a
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1.b
Resolution No. 2019-22
RESOLUTION NO. 2019-22
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE RULES ON DECORUM OF CITY
COUNCIL MEETINGS TO SET FORTH TIME LIMITS
FOR ELECTED OFFICIAL COMMENTS AND
DELIBERATION
WHEREAS, in accordance with Section 309 of the City Charter, the City Council is
required to establish rules of decorum for the conduct of Mayor and City Council meetings; and
WHEREAS, the City Council has previously established rules relating to public
comments and testimony (Resolution No. 2018-89, adopted March 21, 2018), rules relating to
quasi-judicial hearings (Resolution No. 2018-88, adopted March 21, 2018), a code of conduct to
govern the behavior of the Mayor and City Council (San Bernardino Municipal Code, Chapter
2.58), and operating practices for good governance (Resolution No. 2015-71, adopted April 6,
2015); and
WHEREAS, the City Council presently has no rules which limit its own comment on
items before the Mayor and Council; and
WHEREAS, in the interest of expediting meetings to afford respect to the time of elected
officials, City staff, and the general public, it is desirable to establish limits on the length of time
dedicated to elected official comments and deliberations during items; and
WHEREAS, the following rules are designed to ensure each elected official is provided
sufficient time to express their opinion on most items while also providing flexibility for the City
Council to waive such rules where additional discussion time is required.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. In addition to the existing rules relating to decorum and the code of
conduct, the following rules shall apply to elected official comment on any item on the agenda
for a Mayor and City Council meeting:
A. City Council Member Time Limits. The City Council shall preserve decorum and
an orderly procedure during debate. Council members desiring to speak shall seek recognition
from the presiding officer. Upon being recognized, a council member shall confine his or her
comments to the questions under debate, avoiding personal attacks and undignified language. A
council member, once recognized, should not be interrupted unless a point of order is raised by
another member. If a council member is called to order while speaking said council member
shall stop speaking until the question of order is determined. The presiding officer should not
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1.b
Resolution No. 2019-22
recognize a council member to speak who has already spoken on a matter under debate until all
other council members who wish to be heard have spoken. A council member should limit
himself or herself to three (3) minutes at any one time. At the end of each meeting, the presiding
officer shall recognize each council member who may speak up to three (3) minutes on matters
of public or community interest.
B. Mayoral Time Limits. To the extent the Mayor participates in the discussion of
an item in accordance with his authority under Section 303 of the City Charter, the Mayor shall
be subject to the same rules as council members. Any time spent presiding over the discussion
and not on the merits of the item shall not be counted toward the Mayor's time limit.
C. Waiver of Time Limits. The City Council, by majority vote of those present, may
elect to waive these time limits for any particular item. If the City Council chooses to do so, the
waiver shall apply to every council member and the Mayor for that item only.
D. Enforcement of Time Limits. The presiding officer, with the assistance of the
City Clerk, shall be responsible for the enforcement of time limits.
SECTION 3. No existing rules of decorum shall be affected by this Resolution except to Y
the extent they are inconsistent with the rules contained herein, in which case these rules shall
govern. m
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SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that w
the activity in question may have a significant effect on the environment, the activity is not m
subject to CEQA. W
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of February, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Hanna, MMC, City Clerk
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Approved as to form:
Gary D. Saenz, City Attorney
1.b
Resolution No. 2019-22
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Resolution No. 2019-22
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-22, adopted at a special meeting held on the 6th day of February, 2019 by
the following vote:
Council Members:
SANCHEZ
MARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 6th day of February,
2019.
Georgeann Hanna, MMC, City Clerk
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RESOLUTION NO. 2018-89
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING REASONABLE REGULATIONS FOR v
PUBLIC COMMENTS AND TESTIMONY
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WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted a m
new City Charter; and c
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WHEREAS, Section 309 of the City Charter states that "[t]he Council shall establish by y
ordinance... the rules of order for the conduct of proceedings by the Council...' ; and
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WHEREAS, concurrent with the passage of this Resolution, the Mayor and City Council
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are enacting an Ordinance adding Section 2.58.110 to the San Bernardino Municipal Code,
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which states that "[t]he Mayor and City Council may. by Resolution, adopt reasonable 3
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regulations, including time limits, for: (1) public comments for items on the agenda, (2) public
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WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient a
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY W
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The following reasonable regulations are adopted by the Mayor and City co
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items, with the exception of quasi-judicial hearings, heard by the Mayor and City Council.
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Rule 1. Public comment shall be received on a first come, first served basis. If thepresiding N
officer determines that the meeting or hearing may be lengthy or complicated, the presiding cc
officer may, in his or her discretion, modify these rules, including the time limits stated below.
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Rule 2. All members of the public who wish to speak shall fill out a speaker's reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization's
address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three (3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5.01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed (3) minutes, to provide testimony during each
public hearing.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING REASONABLE REGULATIONS FOR
PUBLIC COMMENTS AND TESTIMONY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 21s`
day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAPS
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ABSTAIN ABSENT
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Georgeai Hanna, C, , City Clerk
The foregoing Resolution is hereby approved this 21' day of March 2018.
P
R. Carey Dav'.-, Mayor
City of San S ernardino
Approved as to form:
Gary D. Saenz, City Attorney
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RESOLUTION NO. 2018-88
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR QUASI-
JUDICIAL HEARINGS
WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted a
new City Charter; and
WHEREAS, Section 309 of the City Charter states that "[t]he Council shall establish by
ordinance... the rules of order for the conduct of proceedings by the Council..."; and
WHEREAS, concurrent with the passage of this Resolution, the Mayor and City Council
are enacting an Ordinance adding Section 2.58.120 to the San Bernardino Municipal Code,
which states that "[t]he Mayor and City Council may adopt, by Resolution, Rules of Procedure
for the conduct of quasi-judicial hearings"; and
WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient
conducting of the public's business at meetings of the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CTI'Y OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following Rules of Procedure for Quasi -Judicial Hearings are adopted
by the Mayor and City Council governing the conduct of all quasi-judicial hearings heard by the
Mayor and City Council or any other board or commission of the City of San Bernardino.
Rules of Procedure for Quasi -Judicial Hearings
Rule I — Hearing Procedures
1.01 The Presiding Officer shall announce the agenda item number and state the
subject of the agenda item. The Presiding Officer shall then identify that the
agenda item is a quasi-judicial hearing and announce that the hearing is open..
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1.02 The Presiding Officer shall direct the clerk or secretary of the body to administer
the following oath to any person that desires to testify before the body on the
item:
"Any member of the public wishing to address this body on this item please stand
and raise your right hand."
The clerk or secretary of the body shall then administer the following oath:
"Do you solemnly affirm that the testimony you are about to give before this body
will be the truth, the whole truth, and nothing but the truth? If so, please say `I
do.,"
1.03 The Presiding Officer shall then request that the members of the body disclose
any communications they have had under Rule 6.
1.04 The Presiding Officer shall then invite the City Manager, or other appropriate
City staff member, to report on the item including any recommendation that they
might have. The City Manager, or other appropriate City staff member shall have
a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the
item.
1.05 The Presiding Officer shall then ask other members of the body if they have any
questions for the City staff giving the report. At this point, the members of the
body may ask clarifying questions to the City staff person who reported on the
item and City staff shall be given time to respond.
1.06 The Presiding Officer shall then invite the applicant or appellant, if any, to
provide evidence and testimony on the item. The applicant or appellant shall have
a reasonable amount of time, not to exceed fifteen (15) minutes, to provide
evidence and testimony.
1.07 The Presiding Officer shall then ask other members of the body if they have any
questions for the applicant or appellant. At this point, the members of the body
may ask clarifying questions to the appellant or applicant and they shall be given
time to respond.
1.08 The Presiding Officer shall then invite the members of the public to provide
evidence and testimony on the item. The Presiding Officer shall inquire as to
whether the member of the public has been sworn in and request that they state
their name and address for the record. Members of the public shall have a
reasonable amount of time, not to exceed three (3) minutes, to provide evidence
and testimony.
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1.09 The Presiding Officer shall then invite the applicant or appellant, if any, to
provide any rebuttal evidence and testimony. The applicant or appellant shall have
a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal
evidence and testimony.
1.10 The Presiding Officer shall then ask other members of the body if they have any
final questions for the applicant or appellant. At this point, the members of the
body may ask clarifying questions to the appellant or applicant and they shall be
given time to respond.
1.11 The Presiding Officer shall then announce that the hearing is closed and invite a
motion for the body to consider. The Presiding Officer shall announce the name
of the member of the body who makes the motion. The Presiding Officer shall
then invite a second to the motion and announce the name of the member of the
body who seconds the motion.
1.12 The Presiding Officer shall then invite members of the body to discuss the
motion. If there is no desired discussion, or after the discussion has ended, the
Presiding Officer shall then announce that the body will vote- on the motion. If
there has been no discussion or only brief discussion, the vote should proceed
immediately. If there has been substantial discussion, the Presiding Officer shall
ask the clerk or secretary of the body to read the motion before the vote is taken.
1.13 The body shall memorialize the decision in writing.
Rule 2 — Bearings Are Informal.; Rules of Evidence
Quasi-judicial hearings before the Mayor and City Council or other boards and
commissions of the City of San Bernardino are intended to be informal in nature and accessible
to members of the public. Formal rules of evidence and discovery do not apply.
Rule 3 — Records of Proceedings
The secretary or clerk of the !body shall record all quasi-judicial hearings by audio and/or
video recording device, as available.
Rule 4 — Time Limits
Notwithstanding the time limits contained in Rule 1 above, the Presiding Officer shall
give City staff providing the report on the item and the applicant or appellant bringing the matter
before the body sufficient time to provide evidence and testimony, and may, at the discretion of
the Presiding Officer, allow for additional time.
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Rule 5 — Oaths; Identification
Any person wishing to provide testimony during a quasi-judicial hearing may do so
without the oath described in these Rules being administered or providing their name and
address. The body may determine both the weight and credibility given to unsworn or
anonymous testimony.
Rule 6 — Communications
6.01 Members of the body may receive information relevant to the item through
communications with the applicant or appellant, the public, or City staff members.
These communications are known as "ex parte communications" and are
substantive oral or written communications concerning quasi-judicial matters that
occur outside of the quasi-judicial hearing. Such communications raise due
process concerns for the parties involved in the hearing. When members of the
body have had ex parte communications relevant to the quasi-judicial hearing, the
member of the body shall disclose the communication and the substance of the
information received at the beginning of the hearing.
6.02 While the hearing is before the body, there shall be no communication, direct or
indirect, regarding any issue in the proceeding, to the members of the body,
without notice and an opportunity for all persons present at the hearing to
participate in the communication.
6.03 Ex parte communications after the hearing has closed and before the final
decision is rendered are prohibited because there is no opportunity for rebuttal.
Rule 7 — Attention
The members of the body shall be attentive to the evidence and testimony being
presented.
Rule 8 — identification of Quasi -Judicial Matters on the Agenda
The City Manager, in conjunction with the City Attorney, will identify agenda items
involving quasi-judicial decisions on the agenda for the body. This identification is intended to
inform the body, interested parties, and the public that these Rules will apply to the item, but the
failure to identify an item shall not be cause for continuance.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR QUASI
JUDICIAL HEARINGS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Cit
Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 21" day of Marc
2018, by the following vote, to wit:
Council Members: AYES „NAYS ABSTAIN ABSENT
MARQUEZ X (S)S)
BARRIOS
X
VALDIVIA
XX O _
SHORETT
X
NICKEL
X
RICHARD
X
MULV IIIILL X
Georgeann i Canna, &M.',�ity Clerk
The foregoing Resolution is hereby approved this 215` day of March 2018
Approved as to form:
Gary D. Saenz, City At )mey
By:
5
Y T y
R.. Carey Davis, Mayor
City of San Bemardino
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RESOLUTION NO. 2015-71
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
GOOD GOVERNANCE.
WHEREAS, the People of the City of San Bernardino have chosen to exercise their right
and power under the California Constitution to organize as a charter city, and have adopted the
City Charter, which serves as the City's constitution; and
WHEREAS, the intent of the People of the City in choosing this form of home rule
government was to promote the efficient and effective operation of City government; and
WHEREAS, the Strategic Planning Core Team examined the provisions of the San
Bernardino City Charter that establish the distribution of duties and powers within City
Government; and
WHEREAS, the primary role of the Common Council is to establish city policy through
the Council's legislature power, pursuant to Article III of the City Charter; and
WHEREAS, the primary role of the Mayor is to serve as chief executive and
spokesperson for the city pursuant to Article IV of the City Charter, provided that he also has the
power, subject to Council approval, to appoint and generally supervise the City Manager, and
approve or disapprove ordinances, as well as certain other specified duties and powers; and
WHEREAS, section 102 of the City Charter specifies the many duties and powers of the
City Manager, the most significant of which is to direct and exercise immediate supervision over
the administration of all Manager -directed City departments; and
WHEREAS, section 104 of the City Charter provides broad authority to the City
Manager to exercise his appointment and management duties without interference; and
WHEREAS, under Charter Section 55, the role of the City Attorney is to be the chief
legal officer of the City, and in that capacity to represent and advise the Mayor, Common
Council and other City officers; and
WHEREAS, other provisions of the City Charter provide for an elected City Treasurer
and City Clerk, and specify the important duties and powers of those officials; and
WHEREAS, in certain respects the provisions of the Charter establishing the distribution
of duties and powers within City Government appear unclear or inconsistent, which imposes an
impediment to the efficient functioning of the City Government; and
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WHEREAS, under established municipal law principles, these City Charter provisions
must be harmonized in a reasonable manner to promote the public interest and intent of the
voters in approving those provisions; and
WHEREAS, in other charter cities that function effectively and efficiently, substantial
deference and discretion is provided to the city manager to manage and supervise the operations
of city government; and
WHEREAS, all parties hereto recognize that the efficient functioning of the City
Government is essential to the City's ability to Adopt a Plan of Adjustment and to emerge from
bankruptcy; and
WHEREAS, the City of San Bernardino's Strategic Planning Core Team (`"Team'), a
group of diverse community and institutional leaders, was tasked with recommending to the City
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Council a new direction. for the City, a strategic plan; and
WHEREAS, this plan will provide a roadmap for the renaissance of San Bernardino and
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direction for the City's impending bankruptcy exit plan, i.e. Plan of Adjustment; and
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WHEREAS, in order to plan for a new future the Team established that it was important
to understand the current organizational context and they listened to a high-level assessment of
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the City organization to evaluate barriers to excellence; and
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WHEREAS, the Team discussed potential causes for the City's bankruptcy, the reasons
why the City cannot provide adequate services and why it is so hard to determine who is in
charge and ultimate accountability for organizational performance; and
WHEREAS, the Team feels that the foregoing issues need to be addressed in order to
achieve the vision and goals of a strategic plan and exiting bankruptcy; and
WHEREAS, it is apparent to the Team that the City's Charter is a compendium of
conflicting provisions, a recipe for inefficiency and finger pointing given the overlapping of
legislative (policy making) and managerial responsibilities between the Mayor, Common
Council, City Attorney and City Manager, and
WHEREAS, it is unclear who is in charge and whom to hold accountable; and
WHEREAS, the bankruptcy judge has ordered the City to produce a Plan of Adjustment
by May 30, 2015; and
WHEREAS, the City's economy continues its slide as an economic island in one of the
fastest growing regions in the country; and
WHEREAS, the Team feels that a change in decision making and operating practices
needs to occur immediately; and
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WHEREAS, the Team recommends that a process should be put into place leading to a °C
new City Charter that draws from other successful cities' experiences; and Z
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WHEREAS, the Team recommends that the four principals (Mayor, Common Council,
City Attorney and City Manager) should agree to a list of operating practices that are ubiquitous
in high functioning cities of a similar size; and c
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WHEREAS, the Team recommends that given the complex San Bernardino Cityto
Charter, the City should seek an independent legal review to ensure the principles in the
Operating Practices can be effectuated on an interim basis until a wholesale Charter revision can g
take place and be submitted to the voters; and
WHEREAS, the City has retained Renne Sloan Holtzman Sakai LLP to review the
Operating Practices to ensure that they can be effectuated without violating the Charter,
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON Y
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council has reviewed and considered the
recommendations of the Strategic Planning Core Team and hereby establishes and adopts the
Operating Practices for Good Governance, attached hereto as Exhibit "A" and by this reference
made a part hereof.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN L
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
GOOD GOVERNANCE. 0
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5
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Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
MULVIHILL X
George,�rm arena, Cit erk
The foregoing Resolution is hereby approved this �� day of Apri�015..
Approved as to form:
Gary D. Saenz, City Attorney
By:
4
-- - %.—
R. Carey Dais, Mayor
City of San ernardino
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6th day of April, 2015, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ X
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BARRIOS X
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VALDIVIA X
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SHORETT X
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NICKEL X
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JOHNSON X
MULVIHILL X
George,�rm arena, Cit erk
The foregoing Resolution is hereby approved this �� day of Apri�015..
Approved as to form:
Gary D. Saenz, City Attorney
By:
4
-- - %.—
R. Carey Dais, Mayor
City of San ernardino
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2015-71
OPERATING PRACTICES FOR GOOD GOVERNMENT
Common Council:
1) The role of the Common Council is legislative in character, which includes the power to set
policy, approve contracts and agreements and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to choose the
appropriate means to achieve the Council's goals.
2) The Common Council will make the necessary decisions to expeditiously exit bankruptcy, as well
as develop and implement a strategic and tactical plan that ensures the City of San Bernardino's
success in the foreseeable future. To this end, it will comply with Judge Jury's order to produce
a confirmable Plan of Adjustment by May 30, 2015.
3) The Common Council will proved the resources to pursue the City's best interests in bankruptcy
court along with a robust communication plan to inform the citizenry of what is at stake.
4) The Common Council, as the elected body serving all of the residents of the City, shall perform
its duties and exercise its powers in a manner that serves the best interests of the entire City,
rather than any particular geographic area or special interest.
Mayor:
1) The Mayor will build consensus with the Common Council to create and implement a shared
vision and plan of implementation to restore the City's fiscal integrity.
2) The Mayor will establish and maintain partnerships and regional leadership roles to advance the
City's interest.
3) The Mayor will be the key "face" and chief spokesperson for the City.
4) The Mayor will be the presiding officer at meetings of the Common Council and willfully
participate in discussions.
5) The Mayor will, consistent with the separation of powers contemplated by a reasonable reading
of the City Charter, not interfere with the discretion of the City Manager in the exercise of his
powers and the performance of his duties under the City Charter.
6) The Mayor will work with the Common Council and City Manager to coordinate goal setting and
the performance evaluation of the City Manager.
Mayor and Common Council:
1) The Mayor and Common Council will jointly develop clear expectations of the City Manager and
hold him/her accountable by conducting performance evaluations at least every six (6) months.
2) The Mayor and Common Council will develop and implement norms (Code of Conduct) to guide
and direct their interactions and duties, including measures to hold one another accountable for
deviations from the goals and principles set forth in the City Charter, City Code and these
Operating Practices.
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2015-71
3) Neither the Mayor nor the Common Council will interfere with the judgment and discretion of
management staff with respect to the duties that are typically managerial in nature, such as the
appointment, removal, and supervision of subordinate staff.
4) Neither the Mayor nor the Common Council will direct departmental staff (other than those in
their own departments).
City Attorney:
1) The City Attorney will focus his attention and resources on the performance of his duty as chief
legal officer to provide legal advice to the Mayor, Common Council and City Manager, and the
management of his office, and shall leave the formulation of policy and managerial matters
exclusively to those officials charged by the City Charter with those duties.
City Manager:
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1) The City Manager will be the sole authority for managing City operations and directing City staff
in those departments under his supervision.
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2) The City Manager will make business and poilicy recommendations based solely his or her
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independent professional judgment and best practices in the best interests of the City, rather
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than political considerations, and to this end shall strictly guard against interference with the
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performance of his duties.
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3) The City Manager will have both the authority and accountability to produce a confirmable Plan
of Adjustment for Common Council approval by May 30, 2015.
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4) The City Manager will be responsible for implementing the Plan of Adjustment to ensure the
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City exits bankruptcy as soon as possible.
5) The City Manager will be accountable for the implementation of Council goals and policy and
as
the overall performance of the City.
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6) The City Manager will be responsible for ensuring that the Common Council and Mayor are fully
informed on all aspects of important emerging issues, and as part of that responsibility will fully
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brief the Common Council at their Council Meetings on business matters before them.
Signed:
Date:
R. Ca y D is, Mayor
Date: H Ito
Mem`" r,Common Couhbil
r, �'A z /4;92/
Date:
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hil
ito J. B ios
Member, Common Council
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John Valdivia
Me rnmon unc
Fred Shorett
Member, Commo Council
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Rikke V hnson
mber o mon un I
2015-71
Date:
Date:
Date: (�
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Date: & �2
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'Jamefi Mulvhill
e Common uncil
Date:
Gary D. Saenz
City Attom y
0� Date:
Allen J rker
City Manager
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Chapter 2.58
MEETINGS
Sections:
2.58.010
Mayor and City Council
2.58.020
Meetings of boards, commissions and committees
2.58.030
City Council Conduct - Generally
2.58.040
Mayor's Conduct- Generally
2.58.050
Conduct at Meetings and Relating to City Business
2.58.060
Prohibiting disruptive conduct at meetings
2.58.070
Willful Disruptions of Meetings of the Mayor
and City Council
2.58.080
Holidays
2.58.090
Familiarity with Ralph M. Brown Act required
2.58.100
Continuances; fee
2.58.110
Public Participation in Meetings
of the Mayor and City Council
2.58.120
Quasi -Judicial Hearings
2.58.010 Mayor and City Council
Regular meetings of the Mayor and City Council of the City of San Bernardino
shall be held on the first and third Wednesdays of each month commencing at
four p.m. (4 p.m.) for Closed Session and at five p.m. ( 5 p.m.) for Open Session
at the City Council Chambers, City Hall, 300 North "D" Street, San Bernardino,
California, or such other location within the City as may be properly noticed.
(Ord. MC -1438,4-17-17; Ord. MC -1388, 6-03-13)
B. The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests
of the entire City, rather than any particular geographic area or special interest.
(Ord. MC -1438, 4-17-17; Ord. MC -1134, 12-04-02; Ord. MC -883, 9-08-93;
Ord. MC -715, 4-02-90, Ord. MC -98, 9-15-81; Ord. 3652, 7-15-77; Ord. 2284, 2-24-60)
2.58.020 Meetings of boards, commissions and committees
The dates, times and places of regular meetings of all boards, commissions and
committees of the City shall be set forth in one or more ordinances or resolutions of the
Mayor and City Council.
(Ord. MC -1438, 4-17-17; Ord. MC -184, 7-07-82; Ord. 3638, 4-20-77)
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2.58.030 City Council Conduct - Generally
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As provided in Section 302 of the Charter, the City Council and Mayor are required
to implement a Code of Conduct to guide their interactions and create accountability.
In accordance with Section 302, the members of the City Council shall conform their
conduct to the following rules:
A. The role of the City Council is legislative in character, which includes the power to
set policy, approve contracts and agreements not within the authority of the City
Manager or his subordinates, and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to
choose the appropriate means to achieve the Council's goals
B. The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests
of the entire City, rather than any particular geographic area or special interest.
(Ord. MC -1438, 4-17-17; Ord. MC -390, 7-09-84)
2.58.040 Mayor's Conduct- Generally
A. The Mayor will build consensus with the City Council to create and implement a
shared vision and plan of implementation to restore the City's fiscal integrity.
B. The Mayor will establish and maintain partnerships and regional leadership roles to
advance the City's interest.
C. The Mayor will be the chief spokesperson for the City.
D. The Mayor will be the presiding officer at meetings of the City Council and willfully
participate in discussions.
E. The Mayor will work with the City Council and City Manager to coordinate goal setting
and the performance evaluation of the City Manager.
(Ord. MC -1438, 4-17-17)
2.58.050 Conduct at Meetings and Relating to City Business
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 City Council of the City of San Bernardino will adhere to the following Code
of Conduct to assure public confidence in the integrity of local government, its effective
operations, and fair treatment of people.
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A. The professional and personal conduct of the Mayor and City Council must be
above reproach and avoid the appearance of impropriety. The Mayor and members
of the City Council shall refrain from abusive conduct, personal or verbal attacks
upon the character or motives of each other, the staff or the public.
B. The Mayor and members of the City 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 City Council by City staff.
C. The Mayor and City 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.
D. The Mayor and City Council shall base their decisions on the merits and substance
of the matter at hand, rather than on unrelated considerations.
E. The Mayor and City 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.
F. In order to assure their independence and impartiality on behalf of the common
good, the Mayor and City 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.
G. The Mayor and City 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.
H. The Mayor and City 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.
The Mayor and City 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.
U.
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J. The Mayor and City Council shall refrain from using their position to unduly
influence the deliberations or outcomes of commission proceedings.
K. The Mayor and City 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 City Council. The Council will come to consensus regarding major
issues that need further exploration and analysis so as to judiciously give direction
to the City Manager and his staff. This language does not prohibit the Mayor,
Council Members, City Attorney, or City Clerk, from bringing information forward
and discussing it with the City Manager and/or staff.
L When the Mayor and City Council have not taken a position on an issue, neither
the Mayor nor any Council Member should speak on behalf of the Mayor and
City Council. When presenting their individual opinions and positions, Council
Members 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 City Council should speak with "one voice."
M. The Mayor and City 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 City Council shall recognize their
special role in dealings with City employees and in no way create the perception
of inappropriate direction to staff.
N. With respect to communications with the City Manager and staff:
1. Unless it is a simple inquiry, the Mayor or members of the City Council will
contact the City Manager before going to Department Heads.
2. When contacting Department Directors through e-mail, the Mayor and Council
Members will copy the City Manager as a courtesy.
3. The City Manager will ensure that the Mayor and City Council are proactively
informed on major policy issues or issues that may attract media or public
attention; likewise, the Mayor and City Council members will give the City
Manager notice if he or she learns of issues of concern.
4. The Mayor, City Council, City Manager and staff will not blindside each other
in public.
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5. 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.
6. The Mayor and City 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.
7. 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.
(Ord. MC -1438, 4-17-17)
2.58.060 Prohibiting disruptive conduct at meetings
The Mayor or any member of the City Council shall not engage in disorderly or
disruptive conduct in the presence of the City Council at public meetings, which conduct
actually disrupts, disturbs or impedes the City Council meeting. The City Council shall have
power to punish the Mayor or any of its members for disorderly or disruptive conduct—in
its presence after first providing notice of the prohibited behavior and an opportunity to be
heard, The fine shall not exceed the sum of fifty dollars.
(Ord. MC -1438, 4-17-17) L"
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2.58.070 Willful Disruptions of Meetings of the Mayor and City Council
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The purpose of the meetings of the Mayor and City Council is to conduct the people's
business in an efficient and orderly fashion for the benefit of all the people. That purpose kn
is disrupted by conduct, including oral statements at meetings, that unduly prolongs the
proceedings by being overly repetitious or exceeding the allotted time, diverts attention
from the matter before the Mayor and City Council by raising or addressing irrelevant
matters, or is directed at or to the audience, the Mayor, individual City Council members, N
or members of City staff individually rather than to the Mayor and City Council as governing
Li
body of the City or the City as a whole. N
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Accordingly, in the event that any meeting of the Mayor and City Council is willfully d
disrupted by a person or group of persons so as to actually impair the orderly conduct 0
of the meeting, the members of the City Council may proceed pursuant to Government R
Code Section 54957.9, or any applicable penal statute or ordinance. For the purposes 22.
•�
of this Section "willfully disrupt" includes, but is not limited to, continuing to do any of the �;
following after being warned by the presiding officer to desist from such conduct:
1. Addressing the Mayor and City Council without first being recognized by the
presiding officer,
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2. Persisting in addressing a subject or subjects, other than that before the Mayor and
City Council.
3. Repetitiously addressing the same subject.
4. Failing to relinquish the podium when directed to do so by the presiding officer
5. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a
City Council member, or a staff member, or shouting or attempting to shout over a
speaker, the Mayor, a City Council member or a staff member.
6. As a speaker, interrupting or attempting to interrupt the Mayor, a City Council
member, or a staff member, or shouting over or attempting to shout over the Mayor,
a City Council member, or a staff member.
7. As a speaker, continuing to speak after being advised that the allotted time
has expired.
8. As a speaker, addressing the audience rather than the Mayor and City Council
9. Making personal, impertinent, or slanderous remarks to a speaker, the Mayor, a
City Council member, a staff member, or the general public, which actually impairs
the orderly conduct of the meeting.
10. Uttering loud, threatening, personal or abusive language, or profanity, to a speaker,
the Mayor, a City Council member, a staff member, or the general public which
actually impairs the orderly conduct of the meeting.
It shall be unlawful to violate any provision of this Section. Nothing in this Section
or any rules of the Council shall be construed to prohibit public criticism of the policies,
procedures, programs, or services of the City or any of the acts or omissions of the
Mayor and City Council. Nothing in this Section shall confer any privilege or protection for
expression beyond that otherwise provided by law.
If any subsection, sentence, clause, phrase, or word of this Section 2.58.070 is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Section. The Mayor and City Council hereby declare that
they would have enacted this Section and each subsection, sentence, clause, phrase
and word thereof, irrespective of the fact that any one or more subsections, sentences,
clauses, phrases, or words had been declared invalid or unconstitutional.
(Ord. MC -1478, 4-04-18; Ord. MC -1438,4-17-17)
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2.58.080 Holidays
In the event the date of a meeting falls on a City holiday, the next business day
following such 'holiday shall be the meeting date, at the same time and place, except as
determined by the City Council.
(Ord. MC -1438, 4-17-17)
2.58.090 Familiarity with Ralph M. Brown Act required
The clerk or secretary of each board, commission and committee shall review and
be familiar with the provisions of the Ralph M. Brown Act, Government Code Section
54950, et seq.
(Ord. MC -1438, 4-17-17)
2.58.100 Continuances; fee
Any person, firm, corporation or other entity having an appeal, or other item on
the agenda of the Mayor and City Council may request a continuance of such item by
submitting a request therefor to the City Clerk prior to the item being heard. Such request
must be accompanied by a processing fee established by resolution of the Mayor and
City Council. The granting of a continuance shall be subject to the complete discretion
of the Mayor and City Council taking all of the facts and circumstances of the matter into
consideration. If the request for continuance is received by telephonic communication or
other means where the requester is not present, the continuance may be granted subject
to the receipt of the processing fee prior to the new agenda date. Should the request for a
continuance be denied any processing fee paid shall be returned upon application made
by the payor within ninety (90) days. Any subsequent request for a continuance shall
require an additional fee.
The fee provided for by this ordinance and set by any resolution adopted pursuant
thereto shall not apply to any continuance requested by the City, any department or officer
thereof or by any agency or other entity which is funded primarily by the City.
(Ord. MC -1438, 4-17-17)
2.58.110 Public Participation in Meetings of the Mayor and City Council
The Mayor and City Council may, by Resolution, adopt reasonable regulations,
including time limits, for: (1) public comments for items on the agenda, (2) public
comments for items not on the agenda, and (3) public testimony during public hearings.
Notwithstanding the time limits on public comments and public testimony adopted by
Resolution, the (Presiding Officer may lengthen or shorten the time limits afforded if the
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Presiding Officer determines such change is necessary for the efficient conduct of the
meeting or the proper consideration of a complicated matter.
Ord. MC -1478, 4-04-18
2.58.120 Quasi -Judicial Hearings
The Mayor and City Council may, by Resolution, adopt Rules of Procedure for the
conduct of quasi-judicial hearings.
Ord. MC -1478, 4-04-18
Chapter 2.60
DISCLOSURE OF FINANCIAL INTERESTS
(Repealed By Ord. MC -1220, 3-20-06)
Chapter 2.62
FILING OF OFFICIAL BONDS10
Sections:
2.62.010 Amount
2.62.020 Blanket position bond
2.62.010 Amount
A. The following officers of the City, before entering upon the discharge of their
official duties, and within twenty days after notice of their election or appointment,
shall severally execute to the City an official faithful performance bond in the
following penal sums:
1. Mayor, one thousand dollars;
2. Each member of the Common Council, one thousand dollars;
3. City Clerk, one thousand dollars;
4. City Attorney, one thousand dollars;
5. Each member of the Board of Water Commissioners, one thousand dollars;
10For charter provisions on official bonds, see Charter §509
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