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DISCUSSION
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya , City Manager
Department: City Manager's Office
Subject: Introduction of Ordinance No. MC-1626 Amending Section 2.58.010 of the Municipal Code Relating to the
Time and Location of Regular Meetings (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waive further reading of Ordinance No.
MC-1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings.
Executive Summary
The proposed ordinance amends the San Bernardino Municipal Code (SBMC) where the time of regular meetings shall now be established by a resolution that is adopted by a majority vote of the City Council. The ordinance also updates the location of regular meetings to the Feldheym Library and codifies that special meetings may be called by the Mayor, called by four (4) members of the Council, or scheduled by the City Manager. If approved by the Council, a resolution establishing the time of regular meetings will be brought forward at the next regular meeting along with the adoption of the ordinance.
Background
On February 6, 2019, the Mayor and City Council adopted Ordinance No. MC-1511 changing the time of the regular meetings to 5:30 PM for Closed Session and 7:00 PM for Open Session. Prior to the adoption of MC-1511, Closed Session commenced at 4:00 PM, followed by Open Session at 5:00 PM.
On June 21, 2023, the Mayor and City Council approved an item to be considered for future meetings changing the Closed Session start time to 4:00 PM and the Open Session start time to 5:30 PM. Additionally, there was agreement among the Mayor and Council for staff to bring this recommendation back as a Discussion item where the proposed times may be further amended by the Council. 1 7
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Discussion
Currently, the regular meetings of the Mayor and City Council are held on the first and third Wednesdays of each month commencing at 5:30 PM for Closed Session and 7:00 PM for Open Session. This is established in Section 2.58.010 of the SBMC, which explicitly distinguishes the start times for both Closed and Open Sessions. The proposed ordinance amends Section 2.58.010 of the SBMC where the time of regular meetings will be established by a resolution that is adopted by a majority vote of the City Council. Using a resolution to establish meeting times is a more efficient process that allows Council to implement changes after a single meeting, and the resolution can be structured in a way that provides more flexibility to accommodate closed sessions or study sessions. This process is utilized in several other municipalities, including Santa Ana, Moreno Valley, and Lake Elsinore, and is consistent with the Brown Act:
Section 54954. (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings.
The ordinance also updates the location of meetings to the Bing Wong Lecture Hall at Feldheym Library, as meetings have not been held at the City Hall building located at 300 North ”D” Street for several years. Additionally, the ordinance codifies the process for calling special meetings, which is not currently outlined in the SBMC. As established in the ordinance, special meetings may be called by the Mayor, by four (4) members of the Council, or scheduled by the City Manager in accordance with the Brown Act.
If approved by the City Council, the ordinance will be brought back for adoption on February 21, 2024, due to the cancellation of the February 7, 2024, meeting. At the time of adoption, staff will also bring forward a resolution establishing the time of regular meetings. The first regular meeting that would be subject to any new time established by resolution would be the April 3, 2024, meeting, as the ordinance establishing this process will not take effect until 30 days after adoption. 2021-2025 Strategic Targets and Goals
Amending San Bernardino Municipal Code Section 2.58.010 aligns with Key Target No. 1a: Improved Operational & Financial Capacity - Establish clear policy direction and predictable organization structures
Fiscal Impact
There is no fiscal impact related to changing the time and updating the location of regular meetings.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waive further reading of Ordinance No. MC- 1 7
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1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings.
Attachments
Attachment 1 – Ordinance No. MC-1626
Attachment 2 – Redline of Section 2.58.010
Attachment 3 – California Government Code Section 54954 Attachment 4 – San Bernardino City Charter Section 309
Ward:
All Wards
Synopsis of Previous Council Actions:
June 21, 2023 Mayor and City Council approved an item to be considered for future meetings to change the Closed Session start time to 4:00 PM and the Open Session start time to 5:30 PM.
February 6, 2019 Mayor and City Council adopted Ordinance No. MC-1511 changing the time of the regular meetings to 5:30 PM for Closed Session and 7:00 PM for Open Session.