HomeMy WebLinkAbout33-City Attorney
CITY OF SAN BEFb~ARDINO!ifREQUEST rOR COUNCIL ACTION
From: James F. Penman
Subject: An Ordinance of the City of San
Bernardino Amending Subdivision B
of Section 2.58.010 of the San
Bernardino Municipal Code relating
to the location of Meetings of the
M:=:l:iTf"\r ap~ Cf"'\uut!OT" Cn11P("i.'
Dept: City Attorney
Date: February 26, 1990
Synopsis of Previous Council action:
San Bernardino Municipal Code Section 2.58.010 B relating to meetings
of the Mayor and Common Council.
Recommended motion:
Waive further reading and layover for adoption.
?
Signature
Contact person: Dennis 11 :aarlow
Staff Report/Ordinance
Supporting data attached:
Phone: 5255
All
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No.
33
CITY OF SAN BERk.ARDINO - REQUEST ..-OR COUNCIL ACTION
STAFF REPORT
San Bernardino Mw1icipal Ccrle Section 2.58. QlO B requires Meetings of
the Mayor am Cannon Council to be held at the San Bernardino City Hall.
AlthJugh there is certainly no legal problem with holding educational
retreats outside the city as has been the city's practice, it wculd be
appropriate to specifically provide for tiE holding of other than regular
rreetin:Js of the Mayor and Council at locations determined by the Mayor
and Council to be convenient, appropriate and necessary. These could
include fact firrling rreetin:Js, large p.lblic hearings and meetings with
business or political leaders.
The proposed ordinance would provide clear authority for such rreetin:Js.
75.0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBDIVISION B OF SECTION 2.58.010 OF THE SAN BERNARDINO MUNICIPAL
3 CODE RELATING TO THE LOCATION OF MEETINGS OF THE MAYOR AND COMMON
COUNCIL.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Subdivision B of Section 2.58.010 of the San
7 Bernardino Municipal Code is hereby amended to read as follows:
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B.
Such meetings shall be adjourned, held and continued
in accordance with the provisions of Government Code
Sections 54954, 54955, 54955.1, 54956, 54956.5 and
other applicable sections and any amendments thereto.
Regular meetings shall be held at the City Hall of the
City.
Adjourned meetings, special meetings and
adjourned special meetings may be held at any
convenient location approved by the Mayor and Common
Council either within or without the corporate limits
of the City."
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DAB/ses
February 26, 1990
1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBDIVISION B OF SECTION 2.58.010 OF THE SAN BERNARDINO MUNICIPAL
2 CODE RELATING TO THE LOCATION OF MEETINGS OF THE MAYOR AND COMMON
COUNCIL.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of , 1990, by the following vote, to wit:
8
Council Members:
AYES
NAYS
ABSTAIN
9 ESTRADA
10 REILLY
11 FLORES
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
16
17
City Clerk
18
19
The foregoing ordinance is hereby approved this
day
, 1990.
20
of
21
22
w. R. Holcomb, Mayor
23 City of San Bernardino
24 Approved as to form
and legal content:
25
JAMES F. PENMAN,
26 City Attorney
28
~ 21
By: "-^'-.' r I""'A-"~
D es
February 26, 1990
2
27
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
James F. Penman, City Attorney
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
DATE:
February 9, 1990
RE:
Meetings of the Council held outside the City
I have run across Government Code Section 36808 which
provides as follows:
"Meetings of the Council shall be held within the corporate
limits of the City at a place designated by ordinance.
Meetings shall be public."
Although this statute doesn't say that it applies to Charter
Cities and no reported case has concluded that it applies to
Charter Cities, and even though I can make some very strong
arguments that it doesn't apply to such cities, since the law
generally provides that if a Charter is silent the general law
applies, and since our Charter is silent on the location of
meetings and the only designation of where such meetings should
be held requires that they be held at City Hall (SBMC Section
2.58.010A), I suggest that we amend the ordinance to specifically
allow meetings outside the City if the Mayor and Council so
direct. I have attached a proposal for your review.
~~.)
DAB/ses
February 9, 1990