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HomeMy WebLinkAbout33-City Attorney MAYOR & COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETING BACKUP MEETING DATE: May 15,2006 DEPUTY: Linda Hartzel ITEM NO. STATUS 24 Continued to June 5, 2006 25 Continued to June 5, 2006 33 Laid over to June 5, 2006 38 Continued to November 20, 2006 41 Laid over to June 5, 2006 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: An Ordinance of the City of San Bernardino Repealing Chapter 2.77 of the San Bernardino Municipal Code and Readopting as Chapter 2.27; and an Ordinance Amending, Adding, and Renumbering Certain Sections in Chapter 2 of the San Bernardino Municipal Code. Dept: CITY ATTORNEY Date: May 15,2006 Synopsis of Previous Council Action: Recommended for approval by the Legislative Review Committee on May 2, 2006. Recommended motion: Said ordinances be laid over for final adoption. J!)~1i fM~ Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report and Ordinances Ward: FUNDING REQUIREMENTS: Amount: No cost. Source: Finance: Council Notes: Agenda Item No. #-33 ~-/S06 STAFF REPORT TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office May 15, 2006 An Ordinance of the City of San Bernardino Repealing Chapter 2.77 of the San Bernardino Municipal Code and Readopting as Chapter 2.27; and an Ordinance Amending, Adding, and Renumbering Certain Sections in Chapter 2 of the San Bernardino Municipal Code Background: Two ordinances containing the same chapter number were inadvertently adopted. On March 6, 2006. Ordinance number MC-1217 adopted Chapter 2.77 of the San Bernardino Municipal Code, titled "Santa Ana River Trail Commission." Subsequently, on March 20, 2006, Ordinance number MC-1220 adopted "Facilities Management Department," also as Chapter 2.77. Thus, a problem exists because the Municipal Code currently has two separate items numbered Chapter 2. 77. In order to resolve the conflict between the two Ordinances, it is recommended that Ordinance number MC-1220, "Facilities Management Department," remain as Chapter 2.77 because this area of the Municipal Code contains other "departments." It is further recommended that Ordinance number MC-1217, "Santa Ana River Trai I Commission" be renumbered as Chapter 2.27 because it will better fit in this area of the Municipal Code which contains "Commissions and Committees." In addition, Ordinance number MC-1220, adopted March 20, 2006, contained three minor areas where modifications need to be made. First, in Section 2.02.040, the word "Dismissal" must be modified to read "Discharge." Second, Section 2.10.040 must be added, as it was inadvertently deleted in the prior action. Third, Section 2.14.040 must be renumbered to Section 2.14.032. These Sections are shown below. 1. Section 2.02.030, titled "Appointment - Dismissal - Notice of resignation" should be amended to read "Appointment - Discharge - Notice of resignation" in order to conform to the intended language of the Chapter. 2. Section 2.10.040 should be added to read: "2.10.040 Divisions of department. A. The Department of Finance shall be under the supervision of the Director of Finance and shall consist of the following divisions: I. Purchasing division; 2. Accounting division; 3. Payroll division; 4. Such other divisions as may be authorized by the Mayor and Common Council. B. The heads of each of these divisions shall be in the unclassified civil service." 3. Section "2.14.040 City Engineer - Duties" should be renumbered to read "2.14.032 City Engineer - Duties" in order to conform with the intended numbering scheme. Recommendations: I. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California readopting Chapter 2.77 of the San Bernardino Municipal Code regarding the Santa Ana River Trail Commission as Chapter 2.27 of said code. FIRST READING. Motion: That said Ordinance be laid over for final adoption. 2. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Section 2.02.030 of Chapter 2.02, adding Section 2.1 0.040 of Chapter 2.1 0, and renumbering Section 2.14.040, titled "City Engineer - Duties," of Chapter 2.14 of the San Bernardino Municipal Code. FIRST READING. Motion: That said Ordinance be laid over for adoption. 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77, TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS 3 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE. 4 THE MA YOR AND COMMON COUNCIL OF THE CITY OFSAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. San Bernardino Municipal Code Chapter 2.77, titled "Santa Ana River Trail Commission," adopted on March 6, 2006 by Ordinance number MC-1217 is hereby repealed. SECTION 2. San Bernardino Municipal Code Chapter 2.77, titled "Santa Ana River Trail Commission," adopted on March 6, 2006 by Ordinance number MC-1217 is hereby readopted as Sail Bernardino Municipal Code Chapter 2.27 to read as follows: 7 8 9 Chapter 2.27 SANTA ANA RIVER TRAIL COMMISSION Sections: 2.27.010 Members - Appointment. 2.27.020 Duties. 2.27.030 Chairperson - Meetings - Absences. 2.27.040 Conflict of interest. 10 11 12 13 2.27.010 Members - Appointment. The Santa Ana River Trail (SART) Commission of the City shall consist of eight (8) members that serve at the pleasure of the Mayor and Common Council. Members shall be appointed on the basis of demonstrated knowledge and experience with the Santa Ana River Trail, recognized dedication to the project. or a deep interest in the City of San Bernardino section of the SART. The Mayor and each of the seven Council Members shall nominate one (1) member that serves during the term of their office. Those appointees shall be subject to the approval of the Common Council. 14 15 16 17 The Mayor shall appoint dedicated representatives that serve at the pleasure of the federal, state and county elected officials representing the SART region. The Mayor shall also appoint dedicated representatives from the Mayor's Office, Economic Development Agency, City Administration, Parks and Recreation, Police, Development, Fire, Animal Control and the Public Services Departments to assist the Commission in the realization of the recommendations in accordance with the SART Concept Plan and to ensure the public health, safety and enjoyment of those persons using the SART in the city's jurisdiction. Those appointees shall not be subject to the approval of the Common Council. 18 19 20 21 The Chairperson shall appoint dedicated representatives that include, but are not limited to, representatives from the following stakeholder groups. Those appointees shall not be subject to the approval of the Common Council: . City of San Bernardino Park & Recreation, Police, Senior Affairs, Human Relations and Community Development Citizens Advisory Commission Members . Former appointees of the SART Blue Ribbon Committee . California State University, San Bernardino Water Resources Institute . National Parks Service . San Bernardino County Regional Parks . Santa Ana Watershed Project Authority . San Bernardino Water Conservation District . Ri verside Public Utilities District . San Bernardino County Public Health . San Bernardino County Schools . San Bernardino City Unified School District 22 23 24 25 26 27 28 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77, TITLED "SANTA ANA RIVER TRAIL COMMISSIONS," AND READOPTING AS 2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 . . . . . . . . . . . . . . . Califomia State Parks Department The Wildlands Conservancy Inland Valley Development Agency San Bemardino Intemational Airport Stater Brothers Market Hillwood Investments Arrowhead Credit Union San Bemardino Associated Govemments CAL TRANS Environmental (habitat and wildlife) advocates Trail Advocacy Organizations Environmental Educators Registered Nurses Medical Providers (hospitals and providers) Faith Community 4 5 6 7 8 9 10 11 Subsequent vacancies shall be filled and appointments shall be made in the manner hereinbefore set forth. Each member shall serve without compensation. Nomination and appointment of a successor member at any time shall terminate the appointment of any member without need for a forrnal removal action. 12 13 2.27.020 Duties. The Santa Ana Ri ver Trai Is Commission shall: A. Make recommendations to the Mayor and Common Council regarding the development and promotion of the City of San Bemardino section of the Santa Ana River Trail in accordance with the SART Concept Plan adopted by the Mayor and Common Council October 17, 2005. The Commission's forrnal recommendations quarterly at regularly scheduled meetings of the Mayor and Common Councilor as may be necessary to respond to time sensitive opportunities. B. Work with public and private cultural organizations to promote the efficient utilization of community resources. C. Review the financial needs of the SART and recommend grant opportunities, benefactors or the resources that may be available to achieve the overall goals as provided by the Santa Ana River Trail Concept Plan. D. Accomplish specific projects related to the Santa Ana River Trail Concept Plan. 14 15 16 17 18 19 20 21 2.27.030 Chairperson - Meetings - Absences. The Santa Ana River Trail Commission shall be organized and shall function pursuant to the provisions of Section 2.17.060 and Section 2.17.070 of the San Bernardino Municipal Code. (Ord. MC-309, 10-10-83.) 22 23 2.27.040 Conflict of interest. The Mayor and Common Council declare that the individuals appointed to the SART Commission are intended to represent and further the interests of all organizations and professions and that such representation and furtherance serves the public interest. 24 25 SECTION 3. San Bernardino Municipal Code Chapter 2.77, "Santa Ana River Trail 26 Commission," shall remain in full force and effect until such time as it is readopted as San Bernardino Municipal Code Chapter 2.27. 27 III 28 III 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77, TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS 2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 SECTION 4. The repeal of San Bernardino Municipal Code Chapter 2.77, "Santa Ana River Trail Commission" shall in no way affect San Bernardino Municipal Code Chapter 2.77, 4 titled"Facilities Management Department," adopted March 20, 2006, by Ordinance Number MC- 1220. 5 III 6 III 7 III 8 III 9 III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 2.77, TITLED "SANTA ANA RIVER TRAIL COMMISSION," AND READOPTING AS 2 CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 day of ,2006, by the following vote, to wit: 6 7 Council Members: 8 ESTRADA 9 BAXTER 10 MCGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 17 AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this day of ,2006. 19 20 Patrick J. Monis, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 24 B'd- fIe-.., 25 26 27 28 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.02.30, ADDING SECTION 2.10.040, AND RENUMBERING SECTION 2.14.040, TITLED "CITY 3 ENGINEER- DUTIES," OF THE SAN BERNARDINO MUNICIPAL CODE. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. San Bernardino Municipal Code Section 2.02.030 is hereby amended to read as follows: 6 7 "2.02.030 Appointment - Discharge - Notice of resignation The City Manager shall be appointed by the Mayor, subject to confirmation by the Common Council. He or she may be summarily dismissed for the good of the service by the Mayor with the consent of two-thirds of the Common Council, in accordance with Article XIII, Section 256 of the City Charter. The Mayor shall have the authority to suspend and discharge, for cause, the City Manager and/or the Acting City Manager subject to the laws of the State of California, in accordance with Article IV, Section 52 of the City Charter." SECTION 2. San Bernardino Municipal Code Section 2.10.040 is hereby added to read as follows: 8 9 10 11 12 "2.10.040 Divisions of department. A. The Department of Finance shall be under the supervision of the Director of Finance and shall consist of the following divisions: I. Purchasing division; 2. Accounting division; 3. Payroll division; 4. Such other divisions as may be authorized by the Mayor and the Common Council. 13 14 15 16 B. The heads of each of these divisions shall be in the unclassified civil service." 17 18 SECTION 3. San Bernardino Municipal Code Section 2.14.040, titled "City Engineer - Duties" is hereby renumbered to read as follows: 19 "2.14.032 City Engineer - Duties The City Engineer shaH perform the appropriate duties as a registered engineer as provided for in Section 6730.2 of the Business and Professions Code or any other applicable section of State law, the City Charter, or the Municipal Code." 20 21 22 III III 23 III 24 25 III III III III 26 27 28 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.02.30, ADDING SECTION 2.10.040, AND RENUMBERING SECTION 2.14.040, TITLED "CITY 2 ENGINEER - DUTIES," OF THE SAN BERNARDINO MUNICIPAL CODE. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 day of , 2006, by the following vote, to wit: 6 7 Council Members: 8 ESTRADA 9 BAXTER 10 MCGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 17 18 The foregoing resolution is hereby approved this ,2006. day of 19 20 21 Approved as to form: Patrick J. Morris, Mayor City of San Bernardino 22 JAMES F. PENMAN, City Attorney 23 24 By: .t~ 25 26 27 28