HomeMy WebLinkAboutAS1- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Huston T. Carlyle, Jr. Subject: Adoptiin of Ordinance Amending Sections
Senior Assistant City Attorney 2.17.010, 2.17.020, 2.30.010, 2.39.050
Dept: City Attorney of the San Bernardino Municipal Code
relating to the general provisions
Date: December 10, 1997 regarding Boards, Bureaus and Commissions
Synopsis of Previous Council action:
None
Recommended motion:
Lay Over for final adoption.
Sign ure i
Contact person: Huston T. Carlyle, Jr. Phone: (909) 384-5355
Supporting data attached:
Yes Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct No ) —
(Acct Description)
Finance:
Council Notes:
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75-0262 Agenda Item No —
/ Z — IJ-- 61 -7
CITY OF SAN BERNARDINO --- REQUEST FOR COUNCIL ACTION
STAFF REPORT
Chapter 2.17 of the San Bernardino Municipal Code sets forth general provisions regarding the City of San
Bernardino's boards, bureaus and commissions and provides uniformity amongst these various bodies in regard to
alternate members, nominations, appointments, compensation, oath of office, meetings, absences, etc.
The current section 2.17.010 makes the general provisions set forth in Chapter 2.17 applicable to the
Planning Commission, Central City Parking Place Commission, Animal Advisory Commission, Commission for
Disabled Persons, Board of Fire Commissioners, Board of Police Commissions, Community Television
Commission, Cemetery Commission, Bureau of Franchises, Board of Building Commissions, Central City
Advisory Board and Senior Affairs Commission. The proposed amendments add the Fine Arts Commission,
Human Relations Commission and Main Street Advisory Board to those boards, bureaus and commissions within
the purview of Chapter 2.17. By adopting these amendments, consistency is assured in that Chapter 2.17
generally becomes applicable to all boards, bureaus and commission created by ordinance in Title 2 of the San
Bernardino Municipal Code that have nine (9) or more members nominated and/or appointed by the Mayor and
individual Council members. As such, the Relocation Appeals Board is not included since it has only five (5)
members who are all appointed by the Mayor, and the Community Development Commission is not included since
it consists solely of the Common Council.
For your assistance, attached to this Staff Report are the five(5) Code Sections to be amended, indicating
which parts have been deleted and added. While the wording in Section 2.39.050(a) has been changed, the total
number of voting and non-voting members (10) has not in any way been altered and is consistent with Section
2.39.050(b).
It is therefore recommended that the attached ordinance amending Sections 2.17.010, 2.17.020, 2.30.010
and 2.39.050 of the San Bernardino Municipal Code be approved.
"2.17.010 General provisions.
This chapter generally establishes the manner of appointments, term
of service compensation, meeting times, and provisions for vacating of
offices of members of the following boards, bureaus and commissions:
A. Planning Commission;
B. Central City Parking Place Commission;
C. Animal Advisory Commission;
D. Commission for Disabled Persons;
E. Tine Arts Conu ssiaz;
F. Board of Fire Commissioners,
G. Board of Police Commissioners;
H.Human Relations Commission.
1. plain Street AdviSCiry Board
J. Community Television Commission;
K. Cemetery Commission;
L. Bureau of Franchises,
M. Board of Building Commissioners;
N. Central City Advisory Board;
O. Senior Affairs Commission."
"2.17.020 Members
Each board, bureau and commission subject to the provisions of
this chapter shall consist of nine members, „ Cd IC-In VI ayvcified
unless oterwrse provided txt ibis true."
"2.30.010 Members - Appointment
The Fine Arts Commission of the City shall consist of nine (9)
members who shall serve at the pleasure of the Mayor and Common
Council and one non-voting Ex-Officio Member who shall be a member
of the Mayor's staff. Members of the ConIMMStcik shali:be apps utted aril
serve pursuant to the provisions of Chapter1 lembFS shl
appointed on the basis of demonstra€ed kit, l e an e en:*i in the
ants,recopized dedication to cultural affairs,'or a;deepnter m the arty
and culture of the City."
"2.39.050. Human Relations Commission Established.
(a) There is hereby created a Human Relations Commission consisting
of tcrr-" nine ,(3) Voting members who shall serve without
compensation. In acldit cjn to the note(9)vQtin members}the l yor shalt
appoint one (1) additIio" member vyhd shall be a z on vatrng y4ut
representative. Members of the Ca�ssifln..shall se€�e PW. t he
provisions of Chapter 2.1 17 and all members of the Commission shall be
residents of the City of San Bernardino. All prospective members shall
have demonstrated an expertise in human relations work and a commitment
to fostering better human relations in the City of San Bernardino."
Attachment To Staff Report
Y
s '
"2.39.050. Human Relations Commission Established.
"(b) The Mayor shall appoint two(2)members,plus one(1)non-voting
youth representative. The youth representative shall not be considered in
determining a quorum of the Commission nor in determining majority
vote. Each Councilperson still appoint one (1)member who need not be
a resident of the Ward. Each appointment shall be confirmed by the
Common Council. The terms shall be concurrent with the appointing
powers, subject to the replacement provisiOns,wntained in Section
2:17:030."
Attachment to Staff Report
•Y
I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2.17.010, 2.17.020, 2.30.010, 2.39.050 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO THE GENERAL PROVISIONS REGARDING BOARDS,BUREAUS AND
COMMISSIONS SET FORTH IN CHAPTER 2.17.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 2.17.010 of the San Bernardino Municipal Code is hereby amended
7 as follows:
8 "2.17.010 General provisions.
9 This chapter generally establishes the manner of appointments, term
of service compensation, meeting times, and provisions for vacating of
10 offices of members of the following boards, bureaus and commissions:
I I A. Planning Commission;
B. Central City Parking Place Commission;
12 C. Animal Advisory Commission;
D. Commission for Disabled Persons;
13 E. Fine Arts Commission;
F. Board of Fire Commissioners;
14 G. Board of Police Commissioners;
H. Human Relations Commission;
15 I. Main Street Advisory Board
J. Community Television Commission;
16 K. Cemetery Commission;
L. Bureau of Franchises;
17 M. Board of Building Commissioners;
N. Central City Advisory Board;
18 O. Senior Affairs Commission."
19 SECTION 2. Section 2.17.020 of the San Bernardino Municipal Code is hereby amended
20 as follows:
21 "2.17.020 Members
22 Each board, bureau and commission subject to the provisions of
this chapter shall consist of nine members,unless otherwise provided in this
23 title."
24 SECTION 3. The first paragraph only of Section 2.30.010 of the San Bernardino
Municipal Code is hereby amended as follows:
25
"2.30.010 Members - Appointment
26
The Fine Arts Commission of the City shall consist of nine (9)
27 members who shall serve at the pleasure of the Mayor and Common
28 X
1
I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2.17.010,
2.17.020,2.30.010,2.39.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
2 TO THE GENERAL PROVISIONS REGARDING BOARDS, BUREAUS AND
COMMISSIONS SET FORTH IN CHAPTER 2.17.
3
Council and one non-voting Ex-Officio Member who shall be a member
4 of the Mayor's staff. Members of the Commission shall be appointed and
serve pursuant to the provisions of Chapter 2.17. Members shall be
5 appointed on the basis of demonstrated knowledge and experience in the
arts, recognized dedication to cultural affairs, or a deep interest in the arts
6 and culture of the City."
7 SECTION 4. Section 2.39.050(a) of the San Bernardino Municipal Code is hereby
amended as follows:
8
"2.39.050. Human Relations Commission Established.
9
(a) There is hereby created a Human Relations Commission consisting
10 of nine (9) voting members who shall serve without compensation. In
addition to the nine (9) voting members, the Mayor shall appoint one(1)
11 additional member who shall be a non-voting youth representative.
Members of the Commission shall serve pursuant to the provisions of
12 Chapter 2.17 and all members of the Commission shall be residents of the
City of San Bernardino. All prospective members shall have demonstrated
13 an expertise in human relations work and a commitment to fostering better
human relations in the City of San Bernardino."
14
SECTION 5. Section 2.39.050(b) of the San Bernardino Municipal Code is hereby
15 amended as follows:
16 "(b) The Mayor shall appoint two(2)members, plus one (1) non-voting
youth representative. The youth representative shall not be considered in
17 determining a quorum of the Commission nor in determining majority vote.
Each Councilperson shall appoint one (1) member who need not be a
18 resident of the Ward. Each appointment shall be confirmed by the
Common Council. The terms shall be concurrent with the appointing
19 powers, subject to the replacement provisions contained in Section
2.17.030."
20
21
22
23
24
25
26
27
28
2
I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 2.17.010,
2.17.020,2.30.010,2.39.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
2 TO THE GENERAL PROVISIONS REGARDING BOARDS, BUREAUS AND
COMMISSIONS SET FORTH IN CHAPTER 2.17.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 _day of , 1997, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 ARIAS
11 OBERHELMAN
12 DEVLIN
13 ANDERSON
14 MILLER
15
16
RACHEL CLARK, City Clerk
17
18 The foregoing Ordinance is hereby approved this day of , 1997.
19
20 TOM MINOR, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. ENMAN,
City A ey
24
25 Bye
26
27
28
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