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HomeMy WebLinkAbout29-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL A L Dept. Council Office Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING SECTION 2.01.010 "MAYOR PRO-TEMPORE," BY REPEALING SECTION 2.76.040 "SENIOR COUNCIL MEMBER," AND BY AMENDING SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS". From: Councilman Tobin Brinker Third Ward Date: October 2, 2008 MCC Date: October 6,2008 Synopsis of Previous Council Action: August 8, 2007: Resolution #2007-330 adopted providing for appointment of a Mayor Pro-Tempore on an annual basis. April 7,2008: Ordinance No. MC-1267 adopted amending Title 2 "Administration and Personnel," of the San Bernardino Municipal Code by adding Chapter 2.01 "Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to add Section 2.76.040 "Senior Council Member" and Section 2.76.050 "Assignment of Committee Members and Designation Of Committee Chairpersons" . Recommended Motion: That the ordinance be laid over for final adoption. "\~~ Signature Contact Person: Councilman Tobin Brinker Phone: 5333 Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriDtion) Finance: Council Notes: j~ ~~~ }1 C - /J 8'Cj 10-(, -of -# if I .- 16-;)0-of, #.;)5:- /llu.u-O~.,..J- 0d. . Agenda Item No. ~cr /1- 3-o'~'- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING SECTION 2.01.010 "MAYOR PRO- TEMPORE," BY REPEALING SECTION 2.76.040 "SENIOR COUNCIL MEMBER," AND BY AMENDING SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS. " Backl!round: The ordinance is self-explanatory Recommended Motion: That the ordinance be laid over for final adoption. 1\ 2 \()RDINANCE OF THE CITY . OF SAN BERNARDINO AMENDING TITLE 2, MINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO CIPAL CODE BY AMENDING SECTION 2.01.010 "MAYOR PRO- RE," BY REPEALING SECTION 2.76.040 "SENIOR COUNCIL ER," AND BY AMENDING SECTION 2.76.050 "ASSIGNMENT OF EE MEMBERS AND DESIGNATION OF COMMITTEE ONS." 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. THE MAYO AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO Pursuant to Section 35, "Mayor to Preside - Temporary Absence of the Ma or; Mayor Temporarily Unable to Perform Duties," of the Charter of the City of an Bernardino, San Bernardino Municipal Code Chapter 2.01 "Mayor Pro-Tempo "is hereby amended by amending Section 2.01.010 "Mayor Pro-Tempore," to re d as follows: "2.01.010 Mayor Pro-Temp reo The position of Mayor ~Tempore shall be effective in the event of \ vacancy, or if by reason of absenc from the City, or sickness, or from any the duties of the office. At the next cause, the Mayor is unable to perfo regularly scheduled meeting of the Mayo and Common Council following the effective date of this ordinance, the Mayor d Common Council shaH elect a Council Member to serve as Mayor Pro-Tempore. Beginning on March 16,2009, and annually thereafter at the second regularly sch uled meeting of the Mayor and Common Council in March of each year, the Ma r and Common Council shall elect a Council Member to serve as Mayor Pro-Temp e. If the Mayor Pro-Tempore is absent or otherwise una ailable to serve in such capacity, the Council Member present in the City with the most consecutive days of service as a member of the Common Council f the City of San Bernardino shall serve as the Mayor Pro-Tempore for that period of absence \ /O\_~-(Jh' :i:J 'd I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or unavailability only. "Consecutive days of service" shall be calculated by ounting backward in time starting from the day on which the calculation is In the event that there are two or more Council Members with the exact same umber of consecutive days of service as a member of the Common Council the City of San Bemardino, the temporary filling of the position of Mayor Pro- empore shall be determined by lot, pursuant to the general procedure es blished in Section 15651 of the Elections Code of the State of Califomia, speci ally by flipping a coin the case of two members with the exact same number of c nsecutive days of service as a member of the Common Council of the City of an Bemardino, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the ommon Council of the City of San Bemardino. The City Clerk shall be responsible or conducting the coin toss or drawing of straws whenever either event is required In the absence of the Mayor fro any meeting of the Mayor and Common Council, the Mayor Pro-Tempore shall pr ide over that meeting." SECTION 2. Pursuant to Section "Council Committees," of the Charter of the City of San Bemardino, San Be rdino Municipal Code Chapter 2.76 "Council Committees" is hereby amended by r its entirety. SECTION 3. Pursuant to Section 37, "Council Committees," of the Charter of the City of San Bemardino, San Bernardino Muni . al Code Chapter 2.76 "Council Committees" is hereby amended by amending Se .on 2.76.050 "Assignment of Committee Members and Designation of Chairpersons," to read as follows: \ \ 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , .76.050 Assignment of Committee 'Members and Designation of ittee Chairpersons. hall be the responsibility and duty of the Mayor Pro-Tempore to assign to all standing committees and ad hoc committees of the It shall also be the responsibility and duty of the Mayor Pro ate chairpersons of all standing committees and ad hoc committees of the All such assignments to and membership chairpersons of, standing committees and ad hoc shall be subject to the approval and appointment of the Commo Council," III III III III III III III III III III III III III III III 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 INANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, MINISTRATION AND PERSONNEL," OF THE SAN BERNARDINO MUNICIPAL CO E BY AMENDING SECTION 2.01.010 "MAYOR PRO-TEMPORE," BY REP ING SECTION 2.76.040 "SENIOR COUNCIL MEMBER," AND BY AME ING SECTION 2.76.050 "ASSIGNMENT OF COMMITTEE MEMBERS AND DESIG TION OF COMMITTEE CHAIRPERSONS." BY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and C mon Council of the City of San Bernardino at a meeting , 2008, by the following vote, to wit: Council Members: AYES NAYS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK ABSTAIN ABSENT ache! Clark, City Clerk The foregoing ordinance is hereby approve this 2008 day of Patrick J. Mo .s, Mayor City of San Be ardino Approved as to form: JAMES F. PENMAN City Attorney By: 19 20 21 22 23 24 25 26 27 28 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, ADl\lINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION 2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION I. Pursuant to Section 35, "Mayor to Preside - Temporary Absence ofthe Mayor; Mayor Temporarily Unable to Perform Duties," of the Charter of the City of San Bernardino, San Bernardino Municipal Code Chapter 2.01 "Mayor Pro-Tempore" is hereby amended by amending Section 2.01.010 "Mayor Pro-Tempore," to read as follows: 2.01.010 Mayor Pro-Tempore. 2 3 4 5 6 7 8 9 10 San Bernardino City Charter Section 36 identifies the position of Mayor Pro- Tempore. At the first regularly scheduled meeting of the Common Council following the effective date of this ordinance, the Common Council shall elect a Council Member to serve as Mayor Pro-Tempore. On March 16,2009, and annually thereafter at the second regularly scheduled meetmg of the Common Council in March of each year, the Common Council shall elect a Council Member to serve as Mayor Pro-Tempore. If the Mayor Pro-Tempore is absent or otherwise unavailable to serve in such capacity, the Council Member present in the City with the most consecutive days of service as a member ofthe Common Council ofthe City of San Bernardino shall serve as the Mayor Pro- Tempore for that period of absence or unavailability only. "Consecutive days of service" shall be calculated by counting backward in time startmg from the day on which the calculation is being made. . In the event that there are two or more Council Members with the exact same number of consecutive days of service as a member of the Common Council of the City of San Bernardino, the temporary filling of the position of Mayor Pro-Tempore shall be determined by lot, pursuant to the general procedure established in Section 15651 of the Elections Code of the State of California, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of service as a member ofthe Common Council of the City of San Bernardino, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the Common Council of the City of San Bernardino. The City Clerk shall be responsible for conducting the coin toss or drawing of straws whenever either event is required by this Section. The Council Member holding the position of Mayor Pro-Tempore shall continue to hold said position until hislher successor is elected by the Common Councilor until said Council Member is no longer a member ofthe Common Council, whichever occurs first. 11 12 13 14 15 16 17 18 Pursuant to Charter Section 36, in the absence of the Mayor from any Council meeting, the Mayor Pro- Tempore shall preside over that Council meeting. /II /II 1 Jf) -;JtJ-og .:it :2~ AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION 2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS. 1 2 /II 3 4 5 6 7 SECTION 2. San Bernardino Municipal Code Section 2.76.040 is hereby repealed in its entirety. SECTION 3. San Bernardino Municipal Code Section 2.76.050 is hereby amended to read as follows: 8 9 10 11 1/1 /II /II /II /II /II /II 1/1 12 13 14 15 16 17 18 19 /II /II /II /II /II 20 21 22 23 24 / / / 25 26 1/1 /II /II /II 27 28 2.76.050 Assignment of Committee Members and Designation of Committee Chairpersons. It shall be the responsibility and dutyofthe Mayor Pro-Tempore to assign Council Members to all standing committees and ad hoc committees ofthe Common Council. It shall also be the responsibility and duty of the Mayor Pro Tempore to designate chairpersons of all standing committees and ad hoc committees of the Common Council. All such assignments to and membership on, and designation of chairpersons of, standing committees and ad hoc committees of the Common Council shaIl be subject to the approval and appointment of the Common Council. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE SAN BERNARDINO MUNICIPAL CODE BY AMENDING SECTION 2.01.010, MAYOR PRO-TEMPORE, BY REPEALING SECTION 2.76.040, SENIOR COUNCIL MEMBER, AND BY AMENDING SECTION 2.76.050, ASSIGNMENT OF COMMITTEE MEMBERS AND DESIGNATION OF COMMITTEE CHAIRPERSONS. 1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a meeting thereof, held on the 3 _dayof 4 COUNCIL MEMBERS: 5 ESTRADA 6 BAXTER 7 BRINKER 8 DERRY 9 KELLEY 10 JOHNSON 11 MC CAMMACK 12 13 , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 14 Rachel Clark, CIty Clerk 15 16 17 The foregoing Ordinance is hereby approved this _ day of ,2008. 18 19 20 PATRICK J. MORRIS, Mayor City of San Bernardino 21 22 Approved as to form: JAMES F. PENMAN City Attorney 23 24 25 26 / / / 27 / / / 28 / / / 3