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MAYOR & COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
MEETING BACKUP
MEETING DATE: May 15,2006
DEPUTY: Linda Hartzel
ITEM NO. STATUS
24 Continued to June 5, 2006
25 Continued to June 5, 2006
33 Laid over to June 5, 2006
38 Continued to November 20, 2006
41 Laid over to June 5, 2006
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: An Ordinance of the City of San Bernardino
Repealing Chapter 2.77 of the San Bernardino
Municipal Code and Readopting as Chapter 2.27; and an
Ordinance Amending, Adding, and Renumbering
Certain Sections in Chapter 2 of the San Bernardino
Municipal Code.
Dept: CITY ATTORNEY
Date: May 15,2006
Synopsis of Previous Council Action:
Recommended for approval by the Legislative Review Committee on May 2, 2006.
Recommended motion:
Said ordinances be laid over for final adoption.
J!)~1i fM~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report and Ordinances
Ward:
FUNDING REQUIREMENTS: Amount: No cost.
Source:
Finance:
Council Notes:
Agenda Item No.
#-33
~-/S06
STAFF REPORT
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
May 15, 2006
An Ordinance of the City of San Bernardino Repealing Chapter 2.77 of the
San Bernardino Municipal Code and Readopting as Chapter 2.27; and an
Ordinance Amending, Adding, and Renumbering Certain Sections in Chapter
2 of the San Bernardino Municipal Code
Background:
Two ordinances containing the same chapter number were inadvertently adopted. On
March 6, 2006. Ordinance number MC-1217 adopted Chapter 2.77 of the San Bernardino
Municipal Code, titled "Santa Ana River Trail Commission." Subsequently, on March 20, 2006,
Ordinance number MC-1220 adopted "Facilities Management Department," also as Chapter 2.77.
Thus, a problem exists because the Municipal Code currently has two separate items numbered
Chapter 2. 77.
In order to resolve the conflict between the two Ordinances, it is recommended that
Ordinance number MC-1220, "Facilities Management Department," remain as Chapter 2.77 because
this area of the Municipal Code contains other "departments." It is further recommended that
Ordinance number MC-1217, "Santa Ana River Trai I Commission" be renumbered as Chapter 2.27
because it will better fit in this area of the Municipal Code which contains "Commissions and
Committees."
In addition, Ordinance number MC-1220, adopted March 20, 2006, contained three minor
areas where modifications need to be made. First, in Section 2.02.040, the word "Dismissal" must
be modified to read "Discharge." Second, Section 2.10.040 must be added, as it was inadvertently
deleted in the prior action. Third, Section 2.14.040 must be renumbered to Section 2.14.032. These
Sections are shown below.
1. Section 2.02.030, titled "Appointment - Dismissal - Notice of resignation"
should be amended to read "Appointment - Discharge - Notice of
resignation" in order to conform to the intended language of the Chapter.
2. Section 2.10.040 should be added to read:
"2.10.040 Divisions of department.
A. The Department of Finance shall be under the supervision of the
Director of Finance and shall consist of the following divisions:
I. Purchasing division;
2. Accounting division;
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and
Common Council.
B. The heads of each of these divisions shall be in the unclassified
civil service."
3. Section "2.14.040 City Engineer - Duties" should be renumbered to read
"2.14.032 City Engineer - Duties" in order to conform with the intended
numbering scheme.
Recommendations:
I. An Ordinance of the Mayor and Common Council of the City of
San Bernardino, California readopting Chapter 2.77 of the San Bernardino
Municipal Code regarding the Santa Ana River Trail Commission as Chapter
2.27 of said code. FIRST READING.
Motion: That said Ordinance be laid over for final adoption.
2. An Ordinance of the Mayor and Common Council of the City of
San Bernardino, California amending Section 2.02.030 of Chapter 2.02,
adding Section 2.1 0.040 of Chapter 2.1 0, and renumbering Section 2.14.040,
titled "City Engineer - Duties," of Chapter 2.14 of the San Bernardino
Municipal Code. FIRST READING.
Motion: That said Ordinance be laid over for adoption.
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77,
TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS
3 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE.
4 THE MA YOR AND COMMON COUNCIL OF THE CITY OFSAN BERNARDINO DO ORDAIN
AS FOLLOWS:
5
6
SECTION 1. San Bernardino Municipal Code Chapter 2.77, titled "Santa Ana River
Trail Commission," adopted on March 6, 2006 by Ordinance number MC-1217 is hereby repealed.
SECTION 2. San Bernardino Municipal Code Chapter 2.77, titled "Santa Ana River
Trail Commission," adopted on March 6, 2006 by Ordinance number MC-1217 is hereby readopted
as Sail Bernardino Municipal Code Chapter 2.27 to read as follows:
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8
9
Chapter 2.27
SANTA ANA RIVER TRAIL COMMISSION
Sections:
2.27.010 Members - Appointment.
2.27.020 Duties.
2.27.030 Chairperson - Meetings - Absences.
2.27.040 Conflict of interest.
10
11
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13
2.27.010 Members - Appointment.
The Santa Ana River Trail (SART) Commission of the City shall consist of eight (8) members that
serve at the pleasure of the Mayor and Common Council. Members shall be appointed on the basis
of demonstrated knowledge and experience with the Santa Ana River Trail, recognized dedication
to the project. or a deep interest in the City of San Bernardino section of the SART. The Mayor and
each of the seven Council Members shall nominate one (1) member that serves during the term of
their office. Those appointees shall be subject to the approval of the Common Council.
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15
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The Mayor shall appoint dedicated representatives that serve at the pleasure of the federal, state and
county elected officials representing the SART region. The Mayor shall also appoint dedicated
representatives from the Mayor's Office, Economic Development Agency, City Administration,
Parks and Recreation, Police, Development, Fire, Animal Control and the Public Services
Departments to assist the Commission in the realization of the recommendations in accordance with
the SART Concept Plan and to ensure the public health, safety and enjoyment of those persons using
the SART in the city's jurisdiction. Those appointees shall not be subject to the approval of the
Common Council.
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The Chairperson shall appoint dedicated representatives that include, but are not limited to,
representatives from the following stakeholder groups. Those appointees shall not be subject to the
approval of the Common Council:
. City of San Bernardino Park & Recreation, Police, Senior Affairs, Human Relations and
Community Development Citizens Advisory Commission Members
. Former appointees of the SART Blue Ribbon Committee
. California State University, San Bernardino Water Resources Institute
. National Parks Service
. San Bernardino County Regional Parks
. Santa Ana Watershed Project Authority
. San Bernardino Water Conservation District
. Ri verside Public Utilities District
. San Bernardino County Public Health
. San Bernardino County Schools
. San Bernardino City Unified School District
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77,
TITLED "SANTA ANA RIVER TRAIL COMMISSIONS," AND READOPTING AS
2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE.
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Califomia State Parks Department
The Wildlands Conservancy
Inland Valley Development Agency
San Bemardino Intemational Airport
Stater Brothers Market
Hillwood Investments
Arrowhead Credit Union
San Bemardino Associated Govemments
CAL TRANS
Environmental (habitat and wildlife) advocates
Trail Advocacy Organizations
Environmental Educators
Registered Nurses
Medical Providers (hospitals and providers)
Faith Community
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Subsequent vacancies shall be filled and appointments shall be made in the manner hereinbefore set
forth. Each member shall serve without compensation. Nomination and appointment of a successor
member at any time shall terminate the appointment of any member without need for a forrnal
removal action.
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2.27.020 Duties.
The Santa Ana Ri ver Trai Is Commission shall:
A. Make recommendations to the Mayor and Common Council regarding the development and
promotion of the City of San Bemardino section of the Santa Ana River Trail in accordance
with the SART Concept Plan adopted by the Mayor and Common Council October 17, 2005.
The Commission's forrnal recommendations quarterly at regularly scheduled meetings of the
Mayor and Common Councilor as may be necessary to respond to time sensitive
opportunities.
B. Work with public and private cultural organizations to promote the efficient utilization of
community resources.
C. Review the financial needs of the SART and recommend grant opportunities, benefactors or
the resources that may be available to achieve the overall goals as provided by the Santa Ana
River Trail Concept Plan.
D. Accomplish specific projects related to the Santa Ana River Trail Concept Plan.
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2.27.030 Chairperson - Meetings - Absences.
The Santa Ana River Trail Commission shall be organized and shall function pursuant to
the provisions of Section 2.17.060 and Section 2.17.070 of the San Bernardino
Municipal Code. (Ord. MC-309, 10-10-83.)
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2.27.040 Conflict of interest.
The Mayor and Common Council declare that the individuals appointed to the SART Commission
are intended to represent and further the interests of all organizations and professions and that such
representation and furtherance serves the public interest.
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SECTION 3. San Bernardino Municipal Code Chapter 2.77, "Santa Ana River Trail
26 Commission," shall remain in full force and effect until such time as it is readopted as San
Bernardino Municipal Code Chapter 2.27.
27 III
28 III
1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77,
TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS
2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 SECTION 4. The repeal of San Bernardino Municipal Code Chapter 2.77, "Santa Ana
River Trail Commission" shall in no way affect San Bernardino Municipal Code Chapter 2.77,
4 titled"Facilities Management Department," adopted March 20, 2006, by Ordinance Number MC-
1220.
5 III
6 III
7 III
8 III
9 III
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12
13
14
15
16
17
18
19
20
21
22
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24
25
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27
28
1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77,
TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS
2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof, held on the
5
day of
,2006, by the following vote, to wit:
6
7 Council Members:
8 ESTRADA
9 BAXTER
10 MCGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 MC CAMMACK
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17
AYES
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
18
The foregoing resolution is hereby approved this
day of
,2006.
19
20 Patrick J. Monis, Mayor
City of San Bernardino
21 Approved as to form:
22 JAMES F. PENMAN,
City Attorney
23
24
B'd- fIe-..,
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.02.30,
ADDING SECTION 2.10.040, AND RENUMBERING SECTION 2.14.040, TITLED "CITY
3 ENGINEER- DUTIES," OF THE SAN BERNARDINO MUNICIPAL CODE.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN
AS FOLLOWS:
5
SECTION 1. San Bernardino Municipal Code Section 2.02.030 is hereby amended to
read as follows:
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7
"2.02.030 Appointment - Discharge - Notice of resignation
The City Manager shall be appointed by the Mayor, subject to confirmation by the Common Council.
He or she may be summarily dismissed for the good of the service by the Mayor with the consent
of two-thirds of the Common Council, in accordance with Article XIII, Section 256 of the City
Charter. The Mayor shall have the authority to suspend and discharge, for cause, the City Manager
and/or the Acting City Manager subject to the laws of the State of California, in accordance with
Article IV, Section 52 of the City Charter."
SECTION 2. San Bernardino Municipal Code Section 2.10.040 is hereby added to read
as follows:
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12
"2.10.040 Divisions of department.
A. The Department of Finance shall be under the supervision of the Director of Finance and shall
consist of the following divisions:
I. Purchasing division;
2. Accounting division;
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and the Common Council.
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14
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16
B. The heads of each of these divisions shall be in the unclassified civil service."
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18
SECTION 3. San Bernardino Municipal Code Section 2.14.040, titled "City Engineer
- Duties" is hereby renumbered to read as follows:
19
"2.14.032 City Engineer - Duties
The City Engineer shaH perform the appropriate duties as a registered engineer as provided for in
Section 6730.2 of the Business and Professions Code or any other applicable section of State law,
the City Charter, or the Municipal Code."
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III
III
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III
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25
III
III
III
III
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.02.30,
ADDING SECTION 2.10.040, AND RENUMBERING SECTION 2.14.040, TITLED "CITY
2 ENGINEER - DUTIES," OF THE SAN BERNARDINO MUNICIPAL CODE.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof, held on the
5
day of
, 2006, by the following vote, to wit:
6
7 Council Members:
8 ESTRADA
9 BAXTER
10 MCGINNIS
11 DERRY
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
17
18
The foregoing resolution is hereby approved this
,2006.
day of
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20
21 Approved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
22 JAMES F. PENMAN,
City Attorney
23
24 By:
.t~
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