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HomeMy WebLinkAbout33-City Attorney CITY OF SAN BEFb~ARDINO!ifREQUEST rOR COUNCIL ACTION From: James F. Penman Subject: An Ordinance of the City of San Bernardino Amending Subdivision B of Section 2.58.010 of the San Bernardino Municipal Code relating to the location of Meetings of the M:=:l:iTf"\r ap~ Cf"'\uut!OT" Cn11P("i.' Dept: City Attorney Date: February 26, 1990 Synopsis of Previous Council action: San Bernardino Municipal Code Section 2.58.010 B relating to meetings of the Mayor and Common Council. Recommended motion: Waive further reading and layover for adoption. ? Signature Contact person: Dennis 11 :aarlow Staff Report/Ordinance Supporting data attached: Phone: 5255 All Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75.0262 Agenda Item No. 33 CITY OF SAN BERk.ARDINO - REQUEST ..-OR COUNCIL ACTION STAFF REPORT San Bernardino Mw1icipal Ccrle Section 2.58. QlO B requires Meetings of the Mayor am Cannon Council to be held at the San Bernardino City Hall. AlthJugh there is certainly no legal problem with holding educational retreats outside the city as has been the city's practice, it wculd be appropriate to specifically provide for tiE holding of other than regular rreetin:Js of the Mayor and Council at locations determined by the Mayor and Council to be convenient, appropriate and necessary. These could include fact firrling rreetin:Js, large p.lblic hearings and meetings with business or political leaders. The proposed ordinance would provide clear authority for such rreetin:Js. 75.0264 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBDIVISION B OF SECTION 2.58.010 OF THE SAN BERNARDINO MUNICIPAL 3 CODE RELATING TO THE LOCATION OF MEETINGS OF THE MAYOR AND COMMON COUNCIL. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Subdivision B of Section 2.58.010 of the San 7 Bernardino Municipal Code is hereby amended to read as follows: 10 11 12 13 14 15 16 17 8 9 18 1 1 1 1 1 1 1 1 1 1 19 20 21 22 23 24 25 26 27 28 B. Such meetings shall be adjourned, held and continued in accordance with the provisions of Government Code Sections 54954, 54955, 54955.1, 54956, 54956.5 and other applicable sections and any amendments thereto. Regular meetings shall be held at the City Hall of the City. Adjourned meetings, special meetings and adjourned special meetings may be held at any convenient location approved by the Mayor and Common Council either within or without the corporate limits of the City." 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DAB/ses February 26, 1990 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBDIVISION B OF SECTION 2.58.010 OF THE SAN BERNARDINO MUNICIPAL 2 CODE RELATING TO THE LOCATION OF MEETINGS OF THE MAYOR AND COMMON COUNCIL. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of , 1990, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN 9 ESTRADA 10 REILLY 11 FLORES 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 19 The foregoing ordinance is hereby approved this day , 1990. 20 of 21 22 w. R. Holcomb, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 28 ~ 21 By: "-^'-.' r I""'A-"~ D es February 26, 1990 2 27 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: James F. Penman, City Attorney FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: February 9, 1990 RE: Meetings of the Council held outside the City I have run across Government Code Section 36808 which provides as follows: "Meetings of the Council shall be held within the corporate limits of the City at a place designated by ordinance. Meetings shall be public." Although this statute doesn't say that it applies to Charter Cities and no reported case has concluded that it applies to Charter Cities, and even though I can make some very strong arguments that it doesn't apply to such cities, since the law generally provides that if a Charter is silent the general law applies, and since our Charter is silent on the location of meetings and the only designation of where such meetings should be held requires that they be held at City Hall (SBMC Section 2.58.010A), I suggest that we amend the ordinance to specifically allow meetings outside the City if the Mayor and Council so direct. I have attached a proposal for your review. ~~.) DAB/ses February 9, 1990