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HomeMy WebLinkAboutResolution - 3528 STATE OF CALIFORNIA ) RESOLUTION NO. 3528 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING SECTION 5.1 OF THE CITY COUNCIL HANDBOOK WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") is authorized pursuant to California Government Code section 54954.3 to adopt reasonable regulations to ensure that the intent of the Brown Act to provide an opportunity for members of the public to directly address the City Council is carried out; and WHEREAS, one such reasonable regulation intended and authorized pursuant to Government Code section 54954.3(b) is limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker; and WHEREAS, the City Council finds that reasonable regulations include limitations on public comment on items of interest to the public, before or during the City Council's consideration of the items; and WHEREAS, the City Council concludes that one reasonable regulation is to restrict any person speaking during public comment from yielding his or her time to others without consent; and WHEREAS, the City Council determines that another such reasonable regulation is to permit the City Council to terminate public comments on an item if remarks become repetitious; and WHEREAS, the City Council desires to establish these policies by amending Section 5.1: Manner of Addressing the Council of the San Jacinto City Council Orientation Handbook accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and are hereby incorporated and adopted as findings by the City Council as though fully set forth herein. SECTION 2. Section 5.1: Manner of Addressing the Council of the San Jacinto City Council Orientation Handbook is hereby amended to read in its entirety as follows: 24438.B000019134661.1 "5.1 Manner of Addressing the Council Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member, or other person. During a public hearing all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. No person speaking shall yield his or her time to others without the consent of the Chair. The Council may terminate public comments if remarks become repetitious. Any member of the Council who has been recognized by the Presiding Officer of the Council for such purpose may address or respond to a member of the public who has addressed the Council pursuant thereto. Such address or response shall be exercised only once for each member of the public, shall not exceed three (3) minutes in length and shall be deemed to express the individual position or opinion of the Council Member offering the same and shall not be construed to bind the Council or the City in any manner. Unless otherwise directed by the Council, the restrictions imposed by Subsection (a) shall apply only to those portions of the Council agenda during which members of the public are permitted to make public comments to the Council." SECTION 3. The City Council shall have authority and discretion to enforce the newly adopted policies as reflected in Section 5.1: Manner of Addressing the Council, as amended above. In all respects, the City Council shall enforce the regulations reasonably and in keeping with the intent and purpose of the Brown Act to provide an opportunity for members of the public to directly address the City Council. SECTION 4. The City Council hereby finds that this Resolution is exempt from further environmental review pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000 et sea.) ("CEQA") because, pursuant to section 15378(b)(2) and (5) of the California Code of Regulations, this Resolution does not constitute a "project' because it constitutes general policy and procedure making and organizational or administrative activities of government that will not will not result in direct or indirect potentially significant physical changes in or impact to the environment. Therefore, City staff is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the adoption of this Resolution. SECTION 5. If any provision or clause of this Resolution or its application to any particular set of facts or circumstances is held invalid, such invalidity shall not affect other provisions of this Resolution that can be given effect 2443 8.B0000\9134661.1 without the invalid provision or application, and to this end, the provisions of this Resolution are declared to be severable. SECTION 6. This Resolution shall become effective on the date on which it is adopted. PASSED, APPROVED AND ADOPTED, this 5th day of August, 2014 by the following vote: Ayes: Bartel, Kotyuk, Ruiz, Ledezma Nays: None Absent: Miller Abstain: None City of San Jacinto Aio_ -0 L L. L d ecm Alonso Ledezma, Mayo ATTEST: . f Ric and Miller, City Clerk APPROVED AS TO FORM: Best, Best, and Krieger, LLP Jelfrey 9. galling City Attorney 244383000019134661.1 CERTIFICATE I, Richard Miller, City Clerk of the City Council of the City of San Jacinto, do hereby certify that the foregoing is a true copy of Resolution No. 3528 was introduced, approved and adopted at a regular meeting of the City Council of the City of San Jacinto held on the 5th day of August, 2014. WITNESS MY HAND AND OFFICIAL SEAL this 5th day of August, 2014. 1 Richard Miller, City Clerk City of San Jacinto 2443S.B0000'.9134661.1