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HomeMy WebLinkAboutMC-1510Ordinance No. MC -1510 ORDINANCE NO. MC -1510 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.03 OF TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR FILLING MAYOR VACANCIES WHEREAS, from time to time, it is possible that vacancies will be created in the office of Mayor; and WHEREAS, the City Council recently adopted an ordinance to address vacancies in the City Council offices and the office of Mayor; and WHEREAS, the Council now desires to reconsider the process to fill a vacancy in the office of the Mayor so it is the same process for filling Council vacancies; and WHEREAS, it is not in the best interests of the City and the residents of the City to leave the office of Mayor vacant for an extended period of time; and WHEREAS, Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for the seat of the Mayor shall be as prescribed by ordinance. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The second paragraph of Section 2.03.010 of the City of San Bernardino Municipal Code is hereby deleted and replaced with the following: 2.03.010 Vacancies "A vacancy in the office of Mayor, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Mayor by the qualified electors of the City. Such successor Mayor must be eligible to hold the office in accordance with Section 301 of the City Charter. The election shall be held at the time established by the Mayor and City Council and shall be conducted in the manner provided for by general law; provided that, the Mayor and City Council shall have the power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law. The successor elected shall hold the office for the unexpired term. Prior to filling the vacancy of the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes." Ordinance No. MC -1510 SECTION 3. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19P day of December 2018. 11 John Valdivia, Mayor City of San Bernardino Attest.- ,_:-.�- Gborgeann Tianna, MMC, City Clerk Approved as -to form: - Gary D. Saenz, City A 2 Ordinance No. MC -1510 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1510, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5h day of December 2018. Ordinance No. MC -1510 was approved, passed, and adopted at a regular meeting held the ISP day of December 2018 by the f flowing vote: Council Members: SANCHEZ MARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS Y y X- X x ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 19a' day of December 2018. E GeorgeaniAlanna, MMC, City Clerk 3