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HomeMy WebLinkAbout22-City Attorney . 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: . 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 . - .'....., , ", - 1 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: 6 SECTION 1. Section 2.17.040 is amended to read as follows: 7 8 Compensation - Oath. 9 10 11 12 13 14 "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 15 the term of apP?intment, except as may be otherwise provided in 16 17 18 19 20 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 21 22 23 24 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 25 forth as for an original appointment. 26 SECTION 2. Section 2.44.020 of the San Bernardino 27 unicipal Code is amended to read as follows: 28 1 CR:mw '1':1 IAQ . ,~ , '-' ,~ 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 I 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 16 17 wit: 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members NAYS: ABSENT: City Clerk 2 DCR:mw . 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. 3 4 5 EVLYN WILCOX, Mayor City of San Bernardino 6 7 Approved as to form and legal content: 8 JAMES F. PENMAN 9 City Attorney 10 11 By 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DCR:mw 1/3/89