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DISCUSSION
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Department: City Manager's Office
Subject: Adopt Resolution No. 2024-029 Establishing the Times of Regular Meetings (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-029 establishing the time of regular meetings.
Executive Summary
The resolution establishes the time of regular meetings as follows: the Regular Open Meeting (“open session”) may begin no earlier than 5:00 P.M.; closed sessions may be conducted prior to and/or immediately after open session, but no earlier than 4:00 P.M.; and study sessions, if scheduled, may be begin no earlier than 2:00 P.M. The resolution also establishes that all meetings are scheduled to terminate at 10:00 P.M., unless extended by a majority vote of the Council.
Background
On February 6, 2019, the Mayor and City Council adopted Ordinance No. MC-1511 changing the time of the regular meetings to 5:30 P.M. for closed session and 7:00 P.M. for open session. Prior to the adoption of MC-1511, closed session commenced at 4:00 P.M., followed by open session at 5:00 P.M.
On June 21, 2023, the Mayor and City Council approved an item to be considered for future meetings changing the closed session start time to 4:00 P.M. and the open session start time to 5:30 P.M. Additionally, there was agreement among the Mayor and Council for staff to bring this recommendation back as a Discussion item where the proposed times may be further amended by the Council.
On January 17, 2024, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings. Under the ordinance, the time of regular meetings will now be established by a resolution that is adopted by a majority vote of the City 1 8
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Council. Additionally, the ordinance updates the location of regular meetings and codifies for how Special Meetings may be called.
Discussion
Currently, the time of regular meetings for the Mayor and City Council provides little- to-no flexibility as currently structured, where Closed Session is explicitly stated to begin at 5:30 P.M. and Open Session at 7:00 P.M. There is no consideration for study sessions, and no allowance for Closed Session to follow Open Session. Any deviation from this structure requires holding a Special Meeting, which can pose additional constraints and challenges.
To provide greater flexibility for the Mayor and City Council to conduct City business, the resolution that is recommended for adoption restructures the time of regular meetings as follows:
•Open Session shall begin no earlier than 5:00 P.M., or immediately following any closed session with the time legally noticed and posted on the agenda. •Closed sessions may be conducted prior to and/or immediately after Open Session. Closed sessions that are conducted prior to Open Session may begin as early as 4:00 P.M.
•Study sessions, if scheduled, shall begin no earlier than 2:00 P.M. •All meetings are scheduled to terminate at 10:00 P.M. on the same day they began. If a meeting is still in progress at 9:00 P.M., and there are outstanding items on the agenda that require action, the Mayor and City Council shall determine which of the remaining items can be considered and acted upon prior to 10:00 P.M., where all other items will be continued to a future meeting.
If the Council wishes to extend a meeting beyond 10:00 P.M. to discuss specified items, a majority vote is required.
It is important to note that these times and parameters pertain only to regular meetings.
Additional meetings (both open and closed sessions), workshops, and study sessions can be scheduled outside the established days and times of the regular meeting, where they are to be held as special meetings and conducted pursuant to the Ralph M. Brown Act.
A survey of all cities in both San Bernardino and Riverside Counties shows that 59% commence their Open Session between 6:00 P.M. and 6:30 P.M; however, this includes cities of all sizes, and smaller cities typically have less items on their respective agendas. In surveying all cities throughout the entire State of California with populations between 200,000 – 350,000 people, 67% commence their Open Session before 6:00 P.M., with the most common starting time occurring between 5:00 P.M. and 5:30 P.M., and the earliest starting time commencing at 1:00 P.M. 1 8
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The first regular meeting that would be subject to any new starting time would be the April 3, 2024, meeting, as the ordinance allowing the meeting time to be established by resolution (Ordinance No. MC-1626) will not take effect until March 22, 2024. The adoption of Ordinance No. MC-1626 is included on the February 21, 2024, Mayor and City Council Agenda as a separate item, which is being done in order to help distinguish between streamlining a process (adoption of Ordinance No. MC-1626) and establishing a new regular meeting time (adoption of a resolution). 2021-2025 Strategic Targets and Goals
Amending San Bernardino Municipal Code Section 2.58.010 aligns with Key Target No. 1a: Improved Operational & Financial Capacity - Establish clear policy direction and predictable organization structures.
Fiscal Impact
There is no fiscal impact related to changing the time and updating the location of regular meetings.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-029 establishing the time of regular meetings.
Attachments
Attachment 1 – Resolution No. 2024-029
Ward:
All Wards
Synopsis of Previous Council Actions:
January 17, 2024 Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San
Bernardino Municipal Code relating to the time and location of regular meetings.
June 21, 2023 Mayor and City Council approved an item to be considered for future meetings to change the Closed Session start time to 4:00 PM and the Open Session start time to 5:30 PM.
February 6, 2019 Mayor and City Council adopted Ordinance No. MC-1511 changing the time of the regular meetings to 5:30 PM for Closed Session and 7:00 PM for Open Session.