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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Subject: Resolution of the Mayor and Cornmon Council
of the City of San Bernardino Providing for The Order
of Emergency Succession to the Position of Mayor and
CITY ATTORNEY 0 R J GINArairrnan of the San Bernardino Disaster Council.
April 2, 2003
From: JAMES F. PENMAN
City Attorney
Date:
Synopsis of Previons Council Action:
None.
Recommended motion:
That said Resolution be Adopted.
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
1 2
;<'C:>.:' ~ c'C<'~
"'i,-
Agenda Item No. 28
'f/7j03
ST AFF REPORT
Council Meeting Date: April 7. 2003
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 2, 2003
Resolution of the Mayor and Common Council of the City
of San Bernardino Providing for the Order of Emergency
Succession to the Position of Mayor and Chairman of the
San Bernardino Disaster Council
Section 2.46.080 of the San Bernardino Municipal Code provides, in part, that "the order of
emergency succession to the position of Mayor and Chairman of the San Bernardino Disaster
Council shall be adopted by resolution of the Common Council."
San Bernardino City Charter Section 36 states in relevant part as follows:
"In case of vacancy, or ifby reason of absence from the City, or sickness,
or from any other cause, the Mayor is unable to perform the duties of his office,
the Common Council shall appoint one of their own number Mayor pro-tempore
who shall have all powers and authority which the Mayor would have possessed
if personally present and attending to such duties, but such Mayor pro-tempore
shall not lose his vote as councilman."
Consistent with the language in Charter Section 36, the Common Council has adopted a
monthly rotating appointment process for the Mayor Pro-Tempore. This process is reflected in the
attached resolution. It commences with calendar year 2003 in the same rotating order currently in
effect. It is requested that the attached resolution be adopted.
~
RESOLVTION NO.
RESOLl'TION OF THE MAYOR AND COMMO:\" COL"-'ICIL OF THE CITY OF
SAN BERNARDINO PROVIDING FOR THE ORDER OF EMERGEl\"CY SUCCESSIO:\"
TO THE POSITION OF MAYOR A:\'D CHAIRMA:\" OF THE SAN BER:\"ARDI:\"O
DISASTER COUNCIL.
G
3
4
5 WHEREAS. Section 2.46.030 of the San Bernardino MuniCipal Code designates the
(, Mayor as Chairman of the San Bernardino Disaster Council: and
7 WHEREAS, Section 2.46.080 of the San Bernardino Municipal Code states that I.the
8 Order of Emergency Succession to the position of Mayor and Chairman of the San Bernardino
9 Disaster Council shall be adopted by resolution of the Common Council.
]0 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CO:\IMO:\"
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTIOl'i 1. Pursuant to Section 36 of the Charter of the City of San Bernardino. the
13 Mayor and Common Council do hereby establish the procedure for the appoimmem of a Mayor
14 Pro Tempore to be effective and operative in case of vacancy. or if by reason of absence from the
15 City. or sickness. or from any cause. the Mayor is unable to perform the functions of Mayor and
] 6 Chairman of the San Bernardino Disaster Council. In such case the rotating appoimment of a
17 Mayor Pro Tempore shall be automatically made for each month in advance by the adoption of
18 this resolution in the order of the wards represented by the Council members beginning with the
19 Council member from the Fourth Ward during the month of January. 2003. the Council member
20 from the Fifth Ward during the month of February. 2003. and thereafter rotating through the
21 wards month by month.
Y) SECTION 2. If the Mayor Pro Tempore as determined by the above rotation is likewise
23 absent or otherwise unavailable to serve in such capacity. the next Council member by order of
24 rotation shall serve as Mayor Pro Tempore in such capacity for that period of absence. but such
25 Council member shall not lose his or her normal rotation.
26 I . I
i
27 I I
28 I I /
HTC.ed[l::mcrgcnc) SucceSSIon Rc~]
RESOLlTTION OF THE MAYOR AND COMMON COCNCIL OF THE CITY
OF SAN BERNARDINO PROVIDING FOR THE ORDER OF EMERGENCY
~ SCCCESSION TO THE POSITION OF MAYOR A:\!D CHAIRMAN OF THE SA:\!
BERNARDINO DISASTER COU:\!CIL.
~,
-1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Cornman Council of the City of San Bernardino at a
meeting
6 thereof. held on the
7 wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGYILLE
11 MCGINNIS
day of
. 2003, hy the following vote. to
AYES
NAYS
ABST AIN
ABSENT
12 DERRY
13 SlIAREZ
] -1 ANDERSON
15 MCCAMMACK
16
17
18
CITY CLERK
19
20 2003.
The foregoing Resolution is hereby approved this
day of
21
22
23
JUDITH Y ALLES, Mayor
City of San Bernardino
15
2-1 Approved as to form and
legal content:
JAMES F. PENMAN,
26 City Attorney
27
28 By L -;;'y~
(/
HTC..edlEmergencySuccesslOll Res)
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes \- ')
4-'1-0-:)
2'::S
Resolution #
Abstain f:)
2CC'5 ":i.Cl
Absent -.f'Y
Item #
Nays 6
Change to motion to amend original documents: -
Reso. # On Attaclunents:
Contract term: -
Note on Resolution of Attaclunent stored separately: -=---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: A - ('I - 0 ~
Date of Mayor's Signature: -'~ -ltl-C, -~
Date ofClerklCDC Signature: 1\ - \ C'- co,
Date I'V1e;fi18/Letter8cfit fOl 3~e.llc1Lwl;;.
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney V
Parks & Rec.
Null/Void After: -
By: -
Reso. Log Updated: ,/
Seal Impressed: ./
Date Returned:
Yes ./ No By
---,.---.,
Yes No /
--.L-- By I
Yes No ..L By\
--r---
Yes V ,
No - BY-l--
Yes No f i
By
- ~-
MIS
Code Compliance Dev. Services EDA Finance
Police Public Services Water Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: '1 - 11-( :<,
Revised 01/12/01