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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. . . . Subject: An Ordinance of the City of San
From: Fred Wilson, City Admlmstrator Bernardino amending Chapter 9.92.020 of
. . . the Municipal Code concerning the
Dept: City Admmlstrator's Office qualifications of Administrative Law
O R 1 GINA' Officers.
Date: August 20, 2003 L;
Synopsis of Previous Council Action:
August 4, 2003 - Council approves Ordinance MC-1148: An Ordinance of the City of San
Bernardino adding Chapter 9.92 to the San Bernardino Municipal Code to establish an
administrative citation process for Code Enforcement violations.
Recommended motion:
That said ordinance be laid over for final adoption.
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Signature (
Contact person: Lori Sassoon
Phone: ex!. 5122
Supporting data attached: Staffreport, ordinance
Ward: All
FUNDING REQUIREMENTS:
Amount: nla
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda It I
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STAFF REPORT
Subiect:
An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the Municipal Code
concerning the qualifications of Administrative Law Officers.
Backl!round:
On August 4, 2003, the Mayor and Council approved Ordinance No. MC-1l48, which added
Chapter 9.92 to the San Bernardino Municipal Code to establish an administrative citation
process for Code Enforcement violations. This process was established to provide an alternative
method of enforcement for minor violations of the Municipal Code.
The new ordinance establishes the position of Administrative Law Officer. The Administrative
Law Officer(s) are responsible for conducting hearings in accordance with the process
established in the ordinance. As it was originally written, the ordinance requires that the
individual(s) performing these functions be attorneys "admitted to the practice of law in the State
of California". This would require that the individual(s) be active in the State Bar Association.
In the process of identifying firms or individuals that might serve as Administrative Law Officers
as well as hearing officers for other code enforcement matters, it has come to staffs attention
that retired judges may be highly qualified and suited to these duties. However, most retired
judges are not active in the State Bar Association, and are therefore currently precluded from
serving as Administrative Law Officers. It is recommended that the ordinance be amended to
permit retired judges or court commissioners to be appointed Administrative Law Officers, in
addition to attorneys active in the State Bar Association.
Financial Impact:
None.
Recommendation:
That said Ordinance be laid over for final adoption.
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(C(Q)[PY
ORDINANCE NO.
AN ORDINANCE THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.92.020 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE
QUALIFICATIONS OF ADMINISTRATIVE LAW OFFICERS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.92.020 (A) of the San Bernardino Municipal Code is hereby
amended as follows:
9.92.020
Administrative Law Officer.
(A) Generally. The position of Administrative Law Officer is hereby created.
11 The Administrative Law Officer shall be appointed by the Mayor with the consent of the
12 Common Council. The term of the Administrative Law Officer shall be one (I) year. The
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number of Administrative Law Officer positions and compensation shall be approved by the
Mayor and Common Council. The Administrative Law Officer shall be an attorney admitted to
the practice of law in the State of California in accordance with State law, or a judge retired
from tbe California court system, or a commissioner retired from tbe California court
system.
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170. 11
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AN ORDINANCE THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.92.020 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING THE
QUALIFICATIONS OF ADMINISTRATIVE LAW OFFICERS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
,2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: dr-~~_ '9' I'~
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~: '. * * FOR OFFICE USE OHL Y - HOT,A PUBLIC DOCUMENT **"i' '.
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.. CllY OF SAN BERNARDINO :'CllY CLERK'S OFFICE-"~' ~-~'.'
RECORDS & INFORMATION MANAGEMENT PROGRAM
''''',''
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: ~./ I) / (;_7 Item No. 1
Resolution/Ordinance No. '/t1CI.. / / 0;-0 Ordinance Urgency: Yes
Effective ~ate: ) ~~// (", / C '3 Termination/Sunset Date:
( I
Ayes: /- 7 Nays: -e-
Abstain;.er Absent: -?J.
9//C/03
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Date of Mayor's Signature: q; 1(;-/ tJ 3
Date Summary Sent to Attorney,! 9 / / Ceo /0 - 5
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Date Published: a 2- 2...
Meeting Type: 9 c--':, ).
Continued FromfTo & Item No.
1(5).
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Vote:
Date Sent to Mayor:
Date Returned from Mayor:
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Date of Clerk's Signature: '1 If ~/ 0 ~
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Date Summary Returned from Attorney:
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Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
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To Whom:
Date Returned:
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Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Rem i nder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: /j,,/~../ /dv - 9/fCZ/05,
T df- I / .Io,L
No
Ready to Fi Ie:
Date:
OCXUMENT lOCA noN:
ro~AIeflda lent TradcinI foml-CC Fomt No. l11-UIR u,xf;ued: l1.O'l1996