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HomeMy WebLinkAboutMC-1512URGENCY ORDINANCE NO. MC -1512 URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.03 OF TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, PERMITTING THE FILLING OF CITY COUNCIL AND MAYORAL VACANCIES WHOLLY BY ALL MAIL BALLOT SPECIAL ELECTION WHEREAS, from time to time, it is possible that vacancies will be created in the offices of Mayor and City Council; and WHEREAS, it is not in the best interests of the City and the residents of the City to leave such offices vacant for an extended period of time; and WHEREAS, Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for City Council seats or the seat of the Mayor shall be as prescribed by ordinance; and WHEREAS, on November 21, 2018, the Mayor and City Council adopted Ordinance No. MC -1509 adding Chapter 2.03 to Title 2 of the City's Municipal Code to establish the process by which City Council vacancies shall be filled; and WHEREAS, on December 19, 2018, the Mayor and City Council adopted Ordinance No. MC -1510 amending Chapter 2.03 of Title 2 of City's Municipal Code to amend the process by which Mayoral vacancies shall be filled; and WHEREAS, Chapter 2.03 of Title 2 of City's Municipal Code provides that the Mayor and City Council shall have the power by ordinance to provide for the manner of holding elections to fill vacancies and such ordinance shall prevail over general law; and WHEREAS, on January 2, 2019, the Mayor and City Council adopted Resolution No. 2019-6 calling a special election for May 7, 2019 to fill the vacant City Council seat for Ward 3 and requesting the County consolidate the election and hold the election as an all -mail ballot special election; and WHEREAS, the requisite authority to hold an all -mail ballot election to fill a vacancy had previously been repealed by the Mayor and City Council and, in order to hold an election on May 7, 2019, such authority is required; and WHEREAS, the adoption of this Ordinance will ensure the election may be held such that Ward 3 residents receive proper effective representation as expeditiously as possible, which is not only desirable, but is also necessary for the immediate preservation of public peace, health, and safety; and Urgency Ordinance No. MC -1512 WHEREAS, Government Code Section 36937(a) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, related to elections; and WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, for the immediate preservation of public peace, health, and safety; and WHEREAS, Government Code Section 36937(b) requires that urgency ordinances be passed by four-fifths of the City Council; and WHEREAS, the City Council desires to adopt the procedures set out in the Government Code for the purposes of filling Mayoral and City Council vacancies. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds that this Urgency Ordinance regarding filling vacancies is necessary to ensure the proper functioning of the government of the City. Having every seat on the City Council and the seat of the Mayor filled is important to having quorum for meetings and making decisions about all types of governmental matters that affect the City on a daily basis. Having every seat on the City Council and the seat of the Mayor filled is necessary for the immediate preservation of public peace, health, and safety as important governmental decisions sometimes cannot be made or adjudicated when there are vacant seats. In addition, the ward system of the City Council is designed to provide each area of the City with appropriate representation on the City Council. If one ward's seat remains unfilled for an extended period of time, it would be disadvantageous to that area of the City. More specifically, this Urgency Ordinance will permit the City to hold the all -mail ballot election to fill the City Council seat for Ward 3 on May 7, 2019. SECTION 3. A third paragraph is hereby added to Section 2.03.010 of Chapter 2.03 of Title 2 of the City of San Bernardino Municipal Code to read, in its entirety, as follows: " Notwithstanding Elections Code sections 4000 and 4004 or any similar law, the City Council may, by resolution, order that any election to fill such vacancy be conducted wholly by all -mail ballot on any established mailed ballot election date provided under the Elections Code." SECTION 4. The City Council finds this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 2 Urgency Ordinance No. MC -1512 SECTION 5. Severability. If any provision of this Urgency Ordinance 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 ordinance are declared to be severable. SECTION 6. Effective Date. This Urgency Ordinance, as adopted by the necessary four-fifths (4/5) vote of the members of this City Council and in accordance with Government Code Sections 36934 and 36937, shall become effective immediately upon adoption. SECTION 7. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Urgency Ordinance. No later than fifteen (15) days following the passage of this Urgency Ordinance, the Urgency Ordinance, along with the names of the City Council members voting for and against it, shall be published in a newspaper of general circulation published in the City in accordance with Government Code section 36933. APPROVED and ADOPTED by the City Counc' and signed by the Mayor and attested by the City Clerk this I Ot" day of January2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann lfanna, MMC, elty Clerk Approved as to form: { Gary D. Saenz, Ci Attome 3 Urgency Ordinance No. MC -1512 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 Urgency Ordinance No. MC -1512, adopted by the City Council of the City of San Bernardino, California, at a special meeting held the 10th day of January 2019 by the following vote: Council Members: SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 10"' day of January 2019. Georgeann Wanna, MMC, City Clerk 4