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HomeMy WebLinkAbout2018-275RESOLUTION NO. 2018-275 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING BYLAWS FOR THE CITY'S BOARDS, COMMISSIONS, AND CITIZEN ADVISORY COMMITTEES AND REPEALING RESOLUTION NO. 2018-195 ESTABLISHING SEPARATE BYLAWS FOR THE ANIMAL CONTROL COMMISSION, LIBRARY BOARD, PLANNING COMMISSION, AND PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION WHEREAS, Section 601 of the City Charter stipulates that the rules and regulations pertaining to the conduct of board, commission, or committee business will be established with five affirmative votes of the Mayor and entire City Council; and WHEREAS, on July 5, 2018 separate bylaws were established for the Animal Control Commission, Library Board, Planning Commission, and Public Safety and Human Relations Commission; and WHEREAS, no current bylaws are in place for the Arts and Historical Preservation Commission, Building and Accessibility Appeals Board, Charter Review Committee, Elected Official Compensation Advisory Commission, Measure "Z" Citizen's Oversight Committee, Parks, Recreation and Community Services Commission, Personnel Commission and Water Board; and WHEREAS, the adoption of universal bylaws that apply to the City's boards, commissions, and citizen advisory committees will establish a standard set of operating guidelines, making it easier for staff to support each advisory body and simplifying the process of making changes to the operating guidelines as necessary in the future. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The bylaws for the City's boards, commissions, and citizen advisory committees are hereby adopted as described in Exhibit A, which is attached hereto and incorporated herein by this reference. SECTION 3. Resolution No. 2018-195, adopted on July 5, 2018, is hereby repealed. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING BYLAWS FOR THE CITY'S BOARDS, COMMISSIONS, AND CITIZEN ADVISORY COMMITTEES AND REPEALING RESOLUTION NO. 2018-195 ESTABLISHING SEPARATE BYLAWS FOR THE ANIMAL CONTROL COMMISSION, LIBRARY BOARD, PLANNING COMMISSION, AND PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 3d day of October 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL )4 RICHARD X MULVIHILL Lr" Georgeann Janna, C , City Clerk The foregoing Resolution is hereby approved this 3d day of October 2018 R. Carey D is, Mayor City of SaA Bernardino Approved as to form: Gary D. Saenz, City Attorney 2 CITY OF SAN BERNARDINO BOARD, COMMISSION, AND CITIZEN ADVISORY COMMITTEE BYLAWS EXHIBIT A Pursuant to and consistent with the requirements of Article VI of the City Charter, the City establishes the following bylaws for all appointed boards, commissions, and citizen advisory committees (hereinafter, "the Commission") established: ARTICLE I Election of Officers Section 1. With the exception of the Library Board and Water Board, the officers of the Commission shall include: (a) a Chair; and (b) a Vice Chair. The officers of the Library Board and Water Board shall include: (a) a President; and (b) a Vice President. Section 2. Officers shall be elected by a majority of the commissioners present at the first regular meeting in January. Section 3. With the exception of the Library Board and Water Board, officers shall serve a term of one (1) year, commencing upon their election. Officers of the Library and the Water Board shall serve a term of two (2) years, commencing upon their election. Officers shall hold office at the pleasure of the Commission and officers may be removed from office by a majority vote of the Commission. Section 4. Any Commission Officer vacancy shall be filled at the next regularly scheduled meeting after the vacancy occurs. Officers elected to fill a vacancy on the Commission shall serve for the balance of the then unexpired term of office. ARTICLE III Duties of Officers and Staff Liaison Section 1. Chair or President The Chair (or President) shall preside over all meetings of the Commission. The Chair (or President) shall represent the Commission in meetings with City officials and members of the public, and shall report to the Commission information pertinent about those meetings and any other business pertinent to the Commission. The Chair (or President) may call for a special meeting of the Commission in coordination with the Staff Liaison/Secretary. 1111age EXHIBIT A Section 2. Vice Chair or Vice President The Vice Chair (or Vice President) shall serve as Chair/President Pro Tempore in the Chair/President's absence. Section 3. Staff Liaison/Secretary The Staff Liaison, as appointed by the City Manager, shall serve as Secretary to the Commission, and as such shall be responsible for the administration of the affairs of the Commission. The Staff Liaison/Secretary shall prepare and post the agenda for meetings of the Commission in conformity with applicable laws. The Secretary of the Commission, or designee, shall prepare the meeting minutes recording the official actions taken by the Commission. Minutes must be prepared and retained permanently in an action minute or summary minute format. The Secretary shall ensure that the official records of the Commission are prepared and provided to the City Clerk. In the absence of both the Chair (or President) and the Vice Chair (or Vice President) the Secretary shall call the Commission to order, whereupon a temporary Presiding Officer shall be elected by the commissioners present to serve until the arrival of the Chair/President or Vice Chair/Vice President or until adjournment. Section 4. City Clerk The City Clerk shall be the custodian of all official records of the Commission. ARTICLE IV Meetings Section 1 Regular meetings All regular meetings of the Commission shall be noticed in accordance with the Ralph M. Brown Act (i.e., no less than 72 -hours prior to the regular meeting). While the agenda is prepared by the Staff Liaison, additional items may be placed on a subsequent agenda either at the direction of the Chair (or President) or by the Commission, through a majority -vote of its members at a regularly scheduled meeting. Section 2. Special meetings Special meetings may be held at any time in coordination with the Staff Liaison at the call of the Chair (or President) or at the request of the majority of the Commission. Notice of the special meeting and its purpose must be provided to all Commissioners and must be posted in accordance with the Ralph M. Brown Act (i.e., no less than twenty-four (24) hours prior to the special meeting). The Commission may only act on or discuss items on the agenda for the special meeting and public comment may be so limited. Section 3. Quorum A quorum at any meeting consists of a majority of Commissioners. The absence of any Commissioner previously recorded as present (temporary or permanent), shall be noted in the Minutes for purposes of determining the presence of a quorum at all times. 2 1 P a g e EXHIBIT A Section 4: Attendance Each Commissioner who will be unable to attend a meeting of the Commission shall notify the Staff Liaison/Secretary at the earliest opportunity, but not later than 5:00 p.m. on the day prior to the scheduled meeting. The Secretary shall notify the Chair (or President) if the projected absence(s) will produce a lack of a quorum. Section 5: Public Comments Public comments will be permitted in accordance with the Ralph M. Brown Act, Municipal Code Chapter 2.58, Resolution No. 2018-89, and any other applicable laws. Section 6: Maintenance of Records All Commission records shall be maintained by the City Clerk according to the City's adopted record retention schedule. ARTICLE V Committees Section 1. The Commission may establish ad hoc committees at a noticed meeting as deemed necessary and the Chair (or President) may appoint Commissioners to said committees, who will serve at the pleasure of the Chair (or President). ARTICLE VI Amendments and Adoption Section 1. Pursuant to Sections 601 and 304(b) of the City Charter these bylaws may only be amended with the approval of at least five affirmative votes of the Mayor and members of the City Council. Upon approval, these Bylaws shall be in full force and effect, superseding all previously adopted bylaws. These Bylaws shall not be considered or construed as superseding any ordinance or directive of the Mayor and City Council. ARTICLE VII Procedures Section 1 Rules of Order The Commission shall conduct meetings in accordance with applicable law, including the Ralph M. Brown Act and Municipal Code Chapter 2.58. The Chair (or President) shall be responsible for ensuring the Commission adheres to rules of order. Rosenberg's Rules of Order, Revised, shall be considered the parliamentary authority of the Commission, except when inconsistent with these bylaws or with special rules of procedure which the Commission or Mayor and City Council adopt. The Commission will follow the procedural rules established by the Mayor and City Council for quasi-judicial hearings (Resolution No. 2018-88) and regulations for public comments and testimony (Resolution No. 2018-89). In addition, the abstention by any commissioner who is present for an item considered and has heard all presented evidence shall constitute an affirmative vote on any motion. 3 1 P a g e EXHIBIT A Section 2 Conflict of Interest Commissioners shall comply with all laws pertaining to the ethical conduct of commissioners including, without limitation, the Political Reform Act, Government Code section 1090, and all FPPC regulations. Any commissioner who is prohibited from voting on a matter, by reason of a conflict of interest, shall publicly state the nature of such conflict in an open meeting, recuse herself/himself from the item, leave the room, and not participate in any related deliberations or actions on the matter. 41Page