1 8
5 4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Department: City Manager's Office
Subject: Adopt 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, adopt 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
Ordinance No. MC-1626 amends the San Bernardino Municipal Code (SBMC) to allow the time of regular meetings to be established by resolution. The ordinance also updates the location of regular meetings to the Feldheym Library and codifies for how special meetings may be called. It is important to note that adopting Ordinance No.
MC-1626 does not change the time of regular meetings, it only makes the process for doing so quicker and more efficient in the future. A recommendation to establish a new regular meeting time is being included as a separate item on the February 21, 2024, Mayor and City Council Agenda.
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 P.M. for closed session and 7:00 P.M. for open session. Prior to the adoption of MC-1511, closed session commenced at 4:00 P.M., followed by open session at 5:00 P.M.
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 P.M. and the open session start time to 5:30 P.M. 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 8
5 4
On January 17, 2024, the Mayor and City Council introduced, read by title only, and waived 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. Under the ordinance, the time of regular meetings will now be established by a resolution that is adopted by a majority vote of the City Council. Additionally, the ordinance updates the location of regular meetings and codifies for how Special Meetings may be called.
Discussion
Ordinance No. MC-1626 streamlines the process for establishing the time of regular meetings, where it shall now be established by resolution. It is important to emphasize that adopting Ordinance No. MC-1626 does not change the time of regular meetings, it only makes the process for doing so quicker and more efficient. To make any future changes to the regular meeting time, Council will now only need to adopt a resolution.
Current and Past Process
Currently, the regular meeting time is explicitly stated in the text of the SBMC itself, where the times for both Closed Session and Open Session are individually specified as starting at 5:30 P.M. and 7:00 P.M., respectively:
Regular meetings of the Mayor and City Council of the City of San Bernardino shall be held on the first and third
Wednesdays of each month commencing at five-thirty p.m. (5:30 p.m.) for Closed Session and at seven p.m. (7 p.m.) for Open Session at the City Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, or such other location within the City as may be properly noticed.
As a result, whenever there is a desire to change the regular meeting time, the text of the SBMC itself must be amended. This requires the adoption of an ordinance, which is a multi-step process that includes: 1) introducing an ordinance through a first reading at a council meeting, 2) adopting the ordinance (provided there were no changes) at a second council meeting, and 3) waiting an additional 30 days for the ordinance to become effective.
Future Process
The way Ordinance No. MC-1626 streamlines the process is by removing the time from being explicitly stated in the text of the SBMC itself. Instead, as it pertains to the time of regular meetings, the SBMC will now state:
The time of regular meetings shall be set forth in a Resolution adopted by a majority vote of the membership of the Council.
As a result, any future changes to the regular meeting time will no longer require adopting an ordinance since the text of the SBMC itself will not have to be amended.
Establishing new meeting times will now be accomplished through a resolution, which 1 8
5 4
can be adopted in one meeting and made effective for the very next meeting. This streamlined process has been adopted by a majority of the cities in San Bernardino and Riverside Counties, where 57% have amended their municipal codes to set the time of regular meetings by resolution.
Ordinance No. MC-1626 also updates the SBMC to more accurately reflect the location of regular meetings, which take place at Feldheym Library. Additionally, the ordinance codifies that special meetings may be called by the Mayor, called by four (4) members of the Council, or scheduled by the City Manager.
A recommendation to establish a new regular meeting time is being included as a separate item on the February 21, 2024, Mayor and City Council Agenda. This is being done to help distinguish between streamlining a process (adoption of Ordinance No.
MC-1626) and establishing a new regular meeting time (adoption of a resolution). The first regular meeting that would be subject to any new starting time would be the April 3, 2024, meeting, as the ordinance establishing this streamlined process will not take effect until 30 days after its 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, adopt 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.
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:
January 17, 2024 Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1626 amending 1 8
5 4
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.
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.