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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.
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort and Ordinances
Ward:
FUNDING REQUIREMENTS: Amount: No cost.
Source:
Finance:
Council Notes:
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Agenda Item ::If /0
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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 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:
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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:
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"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.
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14
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B. The heads of each of these divisions shall be in the unclassified civil service."
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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."
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21
III
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III
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III
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III
III
III
III
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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
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The foregoing resolution is hereby approved this
,2006.
day of
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20
21 Approved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
22 JAMES F. PENMAN,
City Attorney
23
24 By:
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: G~!:- Ob Item No, /0
Resolution/Ordinance No, Me - {2-2-(, Ordinance Urgency: Yes rG!
Effective Date: ;-h --,1 (, Termination/Sunset Date: /llo
Ayes: ~. '-; ~ ~ &;/ 7
Abstain: ,..p-
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Date Summary Sent to Attorney: b ,- c, - ok.
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Vote:
Nays:
Absent:
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Date of Clerk's Signature:
Date Summary Returned from Attorney:
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Date Sent to Mayor:
Date of Mayor's Signature:
Date Returned from Mayor:
C, -7 --ob
Date Published:
Meeting Type: ~x-, 7
Continued Frorn/T & Item No,
Date Seal Impressed:
r;, --J'" -0 (,
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
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Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: r'~~ MJ - ~ 1
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, -
No
Ready to File:
Date:
IXlC1JM!NT lOCAT1ON:l
fOItMSf,... 111m TradciftC Fomt ~cc Fonn No. 111. Use UodaIed: 1VlW1996