HomeMy WebLinkAbout2019-016Resolution No. 2019-16
RESOLUTION NO. 2019-16
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE TERMS OF OFFICE OF THE
MEMBERS OF THE WATER BOARD AS REQUIRED BY
CHARTER
WHEREAS, Section 603 of the City Charter stipulates that a Water Board of five (5)
Commissioners shall be appointed by at least five affirmatives votes of the Mayor and members
of the Council; and
WHEREAS, Section 603 of the City Charter states that Water Board Commissioners
shall serve terms of six (6) years each, staggered in the same manner as at the time of the
adoption of the Charter adopted by voters on November 8, 2016 and filed with the California
Secretary of State January 31, 2017; and
WHEREAS, the terms of office set for the Water Board Commissioners at the time of
the adoption of the current City Charter were established under Article M Section 160 of the
former City Charter; and
WHEREAS, Section 160 of the form City Charter stipulated that the term of office for
Water Commissioners would commence on the second Monday of May at twelve o'clock noon
with one member appointed on the second Monday in May 1935 for six years; one member
appointed on the second Monday in May 1937 for two years; one member appointed on the
second Monday of May 1937 for six years; one member appointed on the second Monday of
May 1972 for six years; and one member appointed on the second Monday of May 1974 for six
years; and
WHEREAS, Section 160 of the former City Charter stipulate that vacancies on the
Water Board shall be filled for the unexpired term; and
WHEREAS, the Commissioner Toni Callicott was reappointed to the Water Board on
September 16, 2013; Commissioner Wayne Hendrix was reappointed on April 6, 2015;
Commissioner David Mlynarski was appointed on May 19, 2014; Commissioner Thomas
Brickley was appointed on November 7, 2018 and Commissioner Rikke V. Johnson was
appointed on November 7, 2018; and
WHEREAS, the Water Board Commission term of office assigned to each of the current
Water Board members in keeping with the requirements under the City Charter was not made
clear; and
WHEREAS, there is a need to establish the assigned term of office for each of the
Commissioners serving on the Water Board in alignment with the City Charter; and
WHEREAS, the terms of office identified in Exhibit B provide the Water Board
Commissioners with a term of office as close to a full six year term of office from their date of
Resolution No. 2019-16
appointment/reappointment as possible while adhering to the rotation requirements under the
City Charter; and
WHEREAS, staff have met with the members of the Water Board appointment on the
same day (Commissioner Thomas Brickley and Commissioner Rikke V. Johnson) they have
agreed upon the assigned terms of office; and
WHEREAS, any member of the Water Board may be appointed or removed by five
affirmative votes of the Mayor and entire City Council.
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 terms of office for the members of the Water Board will commence
on the second Monday of May at twelve o'clock noon following the appointment cycle described
in Exhibit A, which is attached hereto and incorporated herein by this reference.
SECTION 3. The terms of office for the members of the Water Board are established as
described in Exhibit B, which is attached hereto and incorporated herein by this reference.
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.
APPROVED and ADOPTED by the City 6 Uncill n� signed by the Mayor and attested
by the City Clerk this 60' day of February 2019.
Tohn Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Pfanna, MNfC,City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-16
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-16 adopted at a regular meeting held at the a day of February 2019 by the
following vote:
Council Members:
SANCHEZ
MARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
Q
X
0
x
WITNESS my hand and official seal of the City of San Bernardino this 6h day of February 2019.
Georgeann am a, MMC, _ ity Clerk
Exhibit A - Rotation Schedule
Seat 1
Seat 2
Seat 3
` d
Seat 5
Cycle 1
May -35
May -37
May -37
—7w
Cycle 2
May -41
May -39
May -43
Cycle 3
May -47
May -45
May -49
Cycle 4
May -53
May -51
May -55
Cycle 5
May -59
May -57
May -61
Cycle 6
May -65
May -63
May -67
Cycle 7
May -71
May -69
May -73
May -71
May -71
Cycle 8
May -77
May -75
May -79
May -72
May -74
Cycle 9
May -83
May -81
May -85
May -78
May -80
Cycle 10
May -89
May -87
May -91
May -84
May -86
Cycle 11
May -95
May -93
May -97
May -90
May -92
Cycle 12
May -01
May -99
May -03
May -96
May -98
Cycle 13
May -07
May -05
May -09
May -02
May -04
Cycle 14
May -13
May -11
May -15
May -08
May -10
Cycle 15
May -19
May -17
May -21
May -14
May -16
Cycle 16
May -25
May -23
May -27
May -20
May -22
Cycle 17
May -31
May -29
May -33
May -26
May -28
Exhibit B - Proposed
Seat
Current Commissioner
Original
Appointment Date
Most Recent
Reappointment
Appointment Cycle Service
Expiration Date Period
1
Cecilia (Toni) Callicott
10/5/1998
9/3/2013
5/13/19 5.7 years
2
Thomas M. Brickley
11/7/2018
N/A
5/8/23 4.5 years
3
Wayne Hendrix
1/5/2009
4/6/2015
5/10/21 6.1 years
4
David Mlynarski
5/19/2014
N/A
5/11/20 6 years
5
IRikkeV.Johnson
11/7/2018
N/A
5/9/22 3.5 years