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CITY OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION
Date:
City Attorney
January 5, 1989
REC'~lfllii:M\~ent of Sections 2.17.040
anq ~ 44.020 of the Municipal
1969 JMl 20 ftMo61e~Requirement~ f,?r Appointment
to Cemetery ConunJ.sSl.on. ~
From:
JAHES F. PENHAN
Dept:
Synopsis of Previous Council action:
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On December 8, 1988, Legislative Review Committee recommended
that Council members be allowed to appoint members of Cemetery
Commission on a City-wide basis, rather than restricting them
to residents of their wards, as currently required.
On January 19, 1989, the Legislative Review Committee met and
recommended that the ordinance regarding amendment of Sections
2.17.040 and 2.44.02Q of the Municipal Code Requirements for Appointment
to Cemetery Commission be passed on to the Mayor and Common Council.
Recommended motion:
Waive further reading of ordinance and layover for
final adoption.
~~L)
/ Signature
Contlct plrlon:
Diane Catran Roth
Phonl:
5162
Supporting dltl Ittlchld:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Not8s:
Anan~lIo ha...... M..... ~~
CITY OF SAN BERNADINO - REQUEST Fa. COUNCIL ACTION
STAFF REPORT
For over a year the Cemeuary Commission has been unable to
achieve a guorum at its meetings. It was recommended that
the commission be dissolved.
Since the problem seems to be difficulty in appointing
Cemetery Commissioners, the Legislative Review Committee
has recommended that council members be allowed to
appoint Cemetery Commissioners from the City at large,
rather than having to appoint residents of their wards
thereby giving council members a larger pool to draw
from.
The proposed amendments to the municipal code excepts
the Cemetery Commission from the requirement that each
member must be and remain a resident of the ward of the
nominating council member, and allows them to be
nominated from the-City at large.
75-0264
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2.17.040 AND 2.44.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 PROVIDE FOR EXCEPTIONS TO THE REOUIREME~S FOR APPOINTMENT TO
COMMISSIONS SO THAT A MEMBER OF THE CEMETERY COMMISSION NEED NOT
4 RESIDE IN THE WARD OF HIS OR HER NOMINATING COUNCIL MEMBER.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 2.17.040 is amended to read as follows:
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Compensation - Oath.
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"2.17.040
Appointment - Registered voter requirement -
Each member 'of such board, bureau or commission, after
having been nominated, shall be appointed by the Mayor, with the
approval of the Common Council.
Each member shall be and remain
a registered voter within the City and each member of such board,
bureau or commission nominated by a Council member shall be and
remain a resident of the ward of the such Council member during
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the term of apP?intment, except as may be otherwise provided in
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this title.
Members shall serve, without compensation, at the
leasure of the Mayor and Common Council.
Any member no longer
holding the qualifications required for appointment shall cease
to serve as a member, and such member's position shall be deemed
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acant, except that if a ward boundary change results in the
ember no longer residing in the nominating Council member's
ard, such member may continue to serve until a replacement
ember is nominated and appointed. Any vacancy shall be ~illed
and appointment shall be made in the manner hereinbefore set
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forth as for an original appointment.
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SECTION 2. Section 2.44.020 of the San Bernardino
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unicipal Code is amended to read as follows:
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1 "2.44.020 Members - Appointment - Duties.
2 The Cemetery Commission shall consist of nine members who
3 shall serve at the pleasure of the Mayor and Common Council.
4 Members shall be appointed and shall serve pursuant to the
5 provisions of Chapter 2.17, with the exception that each member
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6 need not be or remain a resident of the ward of his or her
7 nominating council member, but may be nominated from the City at
8 large and shall be and remain a resident of the City. The duties
9 of the commission shall include the maintaining of Pioneer
10 Memorial Cemetery. The Cemetery Superintendent shall serve as
11 secretary of the commission, and the chairman shall de designated
12 and serve as president of the commission.
13 I HEREBY CERTIFY that the foregoing ordinance was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to
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17 wit:
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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RESO. AMENDM~ OF SECTIONS 2.17.040 AND~44.020 OF THE MUNICIPA
CODE RE~IREMENTS FOR APPOINTMENT TO CEMETARY COMMISSION
1 The foregoing ordinance is hereby approved this day
2 of , 1989.
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5 EVLYN WILCOX, Mayor
City of San Bernardino
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7 Approved as to form
and legal content:
8 JAMES F. PENMAN
9 City Attorney
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11 By
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