HomeMy WebLinkAboutMC-14541
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ORDINANCE NO. MC -1454
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.17 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO `BOARDS, COMMISSIONS
AND CITIZEN ADVISORY COMMITTEES - GENERAL"
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, existing provisions of the City's Municipal Code are inconsistent with
the new Charter and require revision; and
WHEREAS, the City Council wishes to establish rules for Boards, Commissions and
Committees to apply to all boards, commissions and committees, except City Council
Committees, and except as otherwise specifically provided in the Charter and Municipal
Code.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.17 of the San Bernardino Municipal Code is hereby repealed
and replaced as follows:
2.17.010 General provisions
2.17.020 Members
2.17.030 Nomination - Terms
2.17.040 Appointment- Registered voter requirement -Compensation - Oath
2.17.050 Oath of Office
2.17.060 Chair - Meetings - Absences
2.17.070 Quorum
2.14.080 Reporting
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 boards, commissions
and citizen advisory committees established by the City Council, except those established by
the City Charter which are addressed separately in this Code, and those governed by other
Municipal Code sections.
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2.17.020 Members
Each board, commission and citizen advisory committee subject to the provisions of this
chapter shall consist of nine members, unless otherwise provided in the ordinance or
resolution creating the board, commission or citizen advisory committee.
2.17.030 Nomination -Terms
Each City Council member shall nominate one member of each such board, commission and
citizen advisory committee who shall serve during and for the term of the nominating Council
member. The Mayor shall nominate two members to each such board, commission and citizen
advisory committee who shall serve during and for the term of the Mayor. The terms of board,
commission and citizen advisory committee members shall coincide with the term of the
nominating City Council member or Mayor, provided that when a vacancy shall occur in the
office of the City Council member or the Mayor who originally nominated any member, the
applicable term of that member of the board, commission or citizen advisory committee shall
continue until a successor has been appointed. Nomination and appointment of a replacement
member at any time shall terminate the appointment of any member so replaced, without need
for formal removal action.
2.17.040 Appointment -Registered voter requirement -Compensation
Each member of such board, commission or citizen advisory committee, after having been
nominated, shall be appointed by at least five affirmative votes of the Mayor and City
Council. Each member shall be and remain a registered voter within the City and no member
shall be an employee of the City. Members shall serve, without compensation, at the pleasure
of the Mayor and City 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
vacant. Any vacancy shall be filled and appointment shall be made in the manner herein
before set forth as for an original appointment.
2.17.050 Oath of Office
Prior to undertaking his or her duties as a member of any such board, commission or citizen
advisory committee, the member shall subscribe and file his or her official oath of office with
the City Clerk.
2.17.060 Chair - Meetings -Absences
A. Each board, commission and citizen advisory committee shall elect a chair and vice -chair
from among its members, and the chair and vice -chair shall serve for a term of one year. The
board, commission or citizen advisory committee shall meet not less than once a quarter in the
City Hall, San Bernardino, California, or such other place within the City as the board,
commission or citizen advisory committee may select.
B. If a member of any board, commission or citizen advisory committee fails to attend three
consecutive regular meetings without excuse from the chair, which excuse must be obtained
within five calendar days before or after any meeting date, he or she shall automatically cease
to be a member of the board, commission or citizen advisory committee, and the chair of such
board, commission or citizen advisory committee shall notify the former member and the
nominating official of the declared vacancy. The vacant office shall be filled by nomination
and appointment made in the manner of the original appointment.
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C. Meetings of each board, commission or citizen advisory committee shall be open to the
public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5,
et seq., California Government Code.
2.17.070 Quorum
Any five members in attendance at any meeting shall constitute a quorum.
2.17.080 Reporting
Each board, commission or citizen advisory committee shall provide a copy of its agenda,
attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such
other City officials as it may deem advisable.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.17 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO "BOARDS, COMMISSIONS
AND CITIZEN ADVISORY COMMITTEES -- GENERAL"
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7t' day of February 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
ABSTAIN ABSENT
Georgeann H4na, CMC, Ci y Clerk
The foregoing Ordinance is hereby approved this 7th day of February 2018.
- 1,2.( U C� 4
R. Carey Davi4ardino
ayor
City of San B
Approved as to form:
Gary D. Saenz, City Attorney
By:
rd