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CITY OF SAN BERNOIDINO - REQUEST I()R COUNCIL ACTION
Dept:
City Attorney
January 5, 1989
REC'~lIIAQMI~ent of Sections 2.17.040
ang 2 44.020 of the Municipal
\96l3 .)All 20 ~6'Ie~iequirements for Appointment
to Cemetery Commission. ~
From:
JAMES F. PENMAN
Date:
Synopsis of Previous Council ection:
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 2.44.020 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
Conteet perlOn:
Supporting date auachad:
Diane Cat ran Roth
Phonal
5162
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rea: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnanca:
Council Notas:
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CITY OF SAN BERNA:::tDINO - REQUEST Fa. COUNCIL ACTION
STAFF REPORT
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For over a year the Ceme~ry 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 ~heir 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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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 REQUIREMENTS 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.
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ORDINANCE NO.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
o ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.17.040 is amended to read as follows:
-2.17.040
Appointment - Registered voter requirement -
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ompensation - Oath.
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ureau 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 appointment, except as may be otherwise provided in
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this title.
Members shall serve, without compensation, at the
1easure of the Mayor and Common Council.
Any member no longer
holding the qualifications required for appointment shall cease
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to serve as a member, and such member's position shall be deemed
acant, except that if a ward boundary change results in the
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ember no longer residing in the nominating Council member's
member may continue to serve until a replacement
ember is nominated and appointed. Any vacancy shall be filled
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
unicipa1 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
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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.
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15 Bernardino at a
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provisions of Chapter 2.17, with the exception that each member
need not be or remain a resident of the ward of his or her
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
day of
, 1989, by the following vote, to
17 wit:
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
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RESO. ~ND~j OF SECTIONS 2.17.040 AND ~4.020 OF THE MUNICIP
CODE'RE~IREMENTS FOR APPOINTMENT T~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 P. PENMAN
9 City Attorney
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11 By
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