CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, JANUARY 19, 2022
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/PublicCommentOptions
o Please contact the City Clerk’s Office (909) 384 -5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. [email protected]
To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/011922agendabackup
o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2022 -> Meeting Date
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 1/14/2022
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor Pro-Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
Closed Session
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to l itigation (Purs uant to Government Code Section 54956.9(d)(2)): One Item.
a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CI VDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926 ; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900
C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 1/14/2022 7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
ATTENDED
PRESENTATIONS
1. Big Brothers Big Sisters of the Inland Empire P. 12
January is National Mentoring Month and Big Brothers Bi g Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Council includes an update on:
• Programs and services offered to youth;
• Evidence Based Impact;
• ROI to the City; and
• Specifically, this year, mentoring in a pandemic.
2. Dr. Margaret Hill Day (All Wards) P. 23
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
3. Charter Review Committee Appointment (Ward 1) P. 25
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1. Mr. Dailey will replace Roxanna M. Barrera with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.
4. Animal Control Commission Appointment (Ward 1) P. 33 Recommendation
It is recommended tha t the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 1/14/2022
DISCUSSION
5. Ordinance to Allow Contract Approval by Minute Action (All Wards) P. 41 Recommendation
Introduce, read by title only, and waive further reading of Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution.
PUBLIC HEARINGS
6. Urgency Ordinance - Development Code Amendment 21 -09 (Urban Lot Splits and Two-Unit Projects) (All Wards) P. 46
Recommendation
Adopt Urgency Ordinance No. MC -1570 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section
19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1).
7. Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) P. 85 Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, provide direction for modification or receive and file the data as presented; and
2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an am ount determined by the City Council.
CONSENT CALENDAR
8. Acceptance of the 2021 Emergency Management Performance Grant ( EMPG) (All Wards) P. 200
Recommendation
Adopt Resolution No. 2022 -14 of the Mayor and City Council of the City of San Bernardino, Calif ornia, authorizing the acceptance of the Fiscal Year 2021 Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 1/14/2022 Emergency Management Performance Grant and increasing the Fisca l Year 2021/22 Adopted Budget grant revenue and expenditures by $31,330.
9. Construction Contract Award for Traffic Signal Upgrades (Wards 1 & 3) P. 232 Recommendation
Adopt Resolution No. 2022 -01 of the Mayor and City Council of the City of San Bernardino, California:
1. Approving the award of a construction contract with Alfaro Communication Construction Company, Inc. , in the amount of $856,430 to provide the construction of traffic signal upgrades (Project);
2. Authorizing the appropriation of funds i n the amount of $828,022.73 from Measure I Fund (Fund 129) to fund the Project;
3. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $977,430 for construction of the traffic signal upgrades; and
4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
10. Notice and Call of the Primary Municipal Election to be Consolidated with the San Bernardino County Statewide Election to be Held on Tues day, June 7, 2022 (All Wards) P. 266
Recommendation
It is recommended that t he Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 7, 2022:
1. Adopt Resolution No. 2022-02 calling for the holding of a Primary Municipal Election to be held o n Tuesday June 7, 2022 , for the election of certain officers as required by the provisions of the San Bernardino City Charter;
2. Adopt Resolution No. 2022 -03 Requesting the Boar d of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;
3. Adopt Resolution No. 2022 -04 adop ting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, June 7, 2022.
11. Issuance of a Purchase Order to Penske Chevrolet Sales for the Purchase of Animal Service Vehicles (All Wards) P. 281
Recommendation
Adopt Resolution No. 2022-05 of the Mayor and City Council of the City of San Bernardino, California, to authorize the Director of Finance to issue a purchase order to Penske Chevrolet Sales in an amount not to exceed $450,000 to purchase four 2023 Chevy Silverado 2500HD T rucks with Animal Control Bodies; Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 1/14/2022 and to authorize the Director of Finance to appropriate $215,000 from the General Fund to the Animal Services Motor Vehicle Expense Account to cover the additional cost of vehicle replacement.
12. Imposing Liens to Recover Costs for Code Enforcement (All Wards) P. 307 Recommendation
Adopt Resolution No. 2022 -06 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino of the costs of public nuisance abatements.
13. Receive and File San Bernardino Municipal Water Department's Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2021 P. 313
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water, sewer treatment, and sewer collection utilities for Fiscal Year ended June 30, 2021.
14. Accept 2020 HSGP Grant (All Wards) P. 446
Recommendation
Adopt Resolution No. 2022 -08 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Homel and Security Grant Program (HSGP) funds and increasing the Fis cal Year 2021/22 Adopted Budget revenue and expenditures by $41,111.
15. Memorandum of Understanding with Loma Linda University Children’s Hospital (All Wards) P.482
Recommendation
Adopt Resolut ion No. 2022 -09 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a Memorandum of Understanding with Loma Linda University Children’s Hospital for forensic interview services at a cost of $21,600 per year through 2024.
16. Kaiser Grant for Operation Splash 2022-2023 (All Wards) P.497 Recommendation
Adopt Resolution No. 2022 -10 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submission of the application for and acceptance of a grant contribution from Kaiser Permanente California Community Foundation, and appropriating funds to the General Fund for the Operation Splash 2022 and 2023 Summer Aquatics Program in the amount of $59,500 for Fiscal Year 2021/22, Fiscal Year 2022/23, and Fiscal Year 2023/24.
17. Police Patrol Vehicle Purchase (All Wards) P. 527
Recommendation
Adopt Resolution No. 2022 -11 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue purchase orders to Fairview Ford for $83,100, and West Coast Lights & Sirens for $33,100.
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 1/14/2022
18. Resolution Declaring Intent to Conduct a Public Hearing to Order a Street Vacation for a Portion of H Street (Ward 1) P. 556
Recommendation
Adopt Resoluti on 2022 -12 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of H Street south of 2nd Street.
19. November and December 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes P. 579
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in December 2021.
20. Resolution Approving Applications for Clean California Local Grant Program (All Wards) P. 602
Recommendation
Adopt Resolution No. 2022 -07 of the Mayor and City Council of the City of San Bernardino, California, approving the sub mission of app lications for the Clean California Local Grant Program.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
21. Ethics Training for All City Employees (All Wards) (Council Member Alexander) P. 607
ADJOURNMENT
The next joint regular meeting of the Mayo r and City Cou ncil and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 2, 2022 in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the Wednesday, January 19, 2022 Regular Me eting of the M ayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, January 14, 2022.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 1/14/2022
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approach ing the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Age ncy to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and t he Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by th e Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Red evelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public.
Speakers who wish to prese nt documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item r aised by the public to staff, or to any commission, board, bureau, or committee for appropriate a ction or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopme nt Agency. However, no other action shall be taken nor discussion held by the Mayor and City Coun cil and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 1/14/2022
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor an d Cit y council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to su bmit public comments. Please contact the City Clerk at 909 -384-5002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker sl ip. P lease note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions .
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021
The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session.
Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.
Continued next page…
Regular Meeting Agenda January 19, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 1/14/2022
B) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09
Meeting ID: 677 845 9453
Passcode: 2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 677-845-9453
Passcode: 2021
Public Hearings:
If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You w ill be prompted by staff when the item is being discussed.
Closed Session
City of San Bernardino
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item.
a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CI VDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900
C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association Packet Pg. 11
Presentation
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Big Brothers Big Sisters of the Inland Empire
January is National Mentoring Month and Big Brothers Big Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Council includes an update on:
• Programs and services offered to youth;
• Evidence Based Impact;
• ROI to the City; and
• Specifically, this year, mentoring in a pandemic.
1 Packet Pg. 12
CELEBRATING NATIONAL MENTOR
1.a
Packet Pg. 13
Attachment: Big Brothers and Big Sisters Mentoring
1.a
Packet Pg. 14
Attachment: Big Brothers and Big Sisters Mentoring
OUR MENTEES
• 75% witness and/or
experience abuse
• Over 70% live under
the federal poverty
line.
• Over 50% are being
raised by single or
foster parents,
grandparents, or a
sibling
• 17% have an
incarcerated parent
• 64% state living with
someone
incarcerated
1.a
Packet Pg. 15
Attachment: Big Brothers and Big Sisters Mentoring
COMMUNITY BASED
Bigs and Big Couples
BIGS WITH BADGES
Building relationships between
law enforcement and youth and
highlighting career pathways
within law enforcement
SPECIALIZED PROGRAMS
Human Trafficking Prevention
Foster Mentoring
Restorative Justice
Identity-Based Mentoring
SITE & SCHOOL-BASED
College Bigs and High School Bigs
WORKPLACE MENTORING !
NOW MENTORING POST-18!
Ensuring our youth earn a livable wage – through
college, career and enlistment options
1.a
Packet Pg. 16
Attachment: Big Brothers and Big Sisters Mentoring
Number of
C hildren
M entored
2,500
+
1,000+
Annually
served
N um ber of
M entoring
M odels
IMPACT
Reach Number of Civic
and Volunteer
Hours
124,800
+
Hours
$3.1M
volunteerism
8 years
of
service
2 Counties
21 Cities/
Districts
5 1.a
Packet Pg. 17
Attachment: Big Brothers and Big Sisters Mentoring
INNOVATIVE PARTNERSHIP
College Bigs
High School Bigs
Girl Empowerment Program
1.a
Packet Pg. 18
Attachment: Big Brothers and Big Sisters Mentoring
COLLECTIVE IMPA
Financial value generated
through increased taxes and
spending, and increased
volunteering and donations
AVOID BEHAVIORS LIKE
GANG VIOLENCE
95 PERCENT
HAVE A BETTER SENSE
OF THE FUTURE
80 PERCENT
1.a
Packet Pg. 19
Attachment: Big Brothers and Big Sisters Mentoring
1.a
Packet Pg. 20
Attachment: Big Brothers and Big Sisters Mentoring
1.a
Packet Pg. 21
Attachment: Big Brothers and Big Sisters Mentoring
JOIN OUR VILLAGEHigh School Bigs Mentoring
https://www.iebigs.org/leadership
College Big Mentoring
https://bbbs.tfaforms.net/4841271
Community Based Mentoring
http://www.iebigs.org/traditional -
mentoring/
Donate
http://www.IEBigs.org/GIVE
1.a
Packet Pg. 22
Attachment: Big Brothers and Big Sisters Mentoring
Presentation
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Dr. Margaret Hill Day (All Wards)
2 Packet Pg. 23
A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING JANUARY 19, 2022, AS “MARGARET HILL DAY” IN THE CITY OF SAN BERNARDINO
WHEREAS, Dr. Margaret Hill, community icon, leader, longtime San Bernardino City Unified School (SBCUSD) Board Member and known by many as the “ Community Mother for All,” passed away Sunday, December 19, 2021. She was 81; and WHEREAS, Dr. Margaret Hill was an amazing woman w ho for the past 50 years worked tirelessly to further education and opportunit ies for the children of San Bernardino and the region; and
WHEREAS, Dr. Hill served this region for over 50 years. Yet while her longe vity is impressive, it is her impact that will be remembered; and WHEREAS, an SBCUSD Board Member since, 20 11, Dr . Hill started her local education career in 1971 as a te acher before servi ng as vice principal at San Bernardino High School. She retired from the SBCUSD in 2003 after sixt een years as principal of San Andreas High School; and
WHEREAS, Dr. Hill joined the San Bernardino County Superintendent of Schools Office in 2006, where she served as Assistant Superintendent of Administrative Services until 2012. For the past ten years, Dr. H ill was a Board M ember of the SBCUSD, serving as President from 2015-2017; and
WHEREAS, Dr. Hill was known for her “Mom Mob ” where she led a group of community members and business leaders to join her at the entrance of one San Bernardino school a month to greet students with cheerful good morning smiles, encouragement, music, elbow knocks, fist bumps, and upbeat wishes for a happy day ; and
WHEREAS, our condolences to all that knew Dr. Hill and were influenced, inspired, and impacted by her significant contributions to our community.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Bernardino Mayor and City Council, does hereby proclaim
JANUARY 19, 2022, as “DR. MARGARET HILL DAY”
We urge all San Bernardino residents, citizens, businesses, educators, students, and community members to pay special tribute and join in honoring and recognizing the valuable contributions made and encourage continued public service in her memory.
Presented on this 19th day of January 2022
2.a
Packet Pg. 24
Attachment: Attachment 1 - Dr. Margaret Hill Day (8734 : Dr. Margaret Hill Day (All Wards))
Appointment
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, Ward 1
Subject: Charter Review Committee Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1. Mr. Dailey will replace Roxanna M. Barrera with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.
Background
The Charter Review Committee was established by Resolution No. 2017 -243 on December 20, 2017, and is tasked with completing a period ic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government.
The Committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Counc il. Pursuant to Chapter 2.17 of the Municipal Code, each City Councilmember shall nominate one member who will serve during and for the term of the nominating Councilmember, and the Mayor.
2021-2025 Key Strategic Targets and Goals
The proposed committee reappointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 MCC. Boards, Commissions, Committees Application - 3 Packet Pg. 25
8724
Casey A. Dailey
Attachment 2 Resolution 2017-243
Ward: 1
Synopsis of Previous Council Action:
December 20, 2017 Resolution No. 2017 -243 establi shing the Charter Review Committee was adopted.
3 Packet Pg. 26
3.a
Packet Pg. 27
Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee
3.a
Packet Pg. 28
Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee
3.a
Packet Pg. 29
Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee
3.b
Packet Pg. 30
Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1))
3.b
Packet Pg. 31
Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1))
3.b
Packet Pg. 32
Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1))
Appointment
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, Ward 1
Subject: Animal Control Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission representing Ward 1 with the term ending December 2022. Council Staf f has verified that appointee is a registered voter within the City.
Background
The Animal Control Commission was established by Resolution No. 2018 -45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pe rtaining to animal control within the City of San Bernardino. The Commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Anima l Shelter. Members are appointed to this Commission based on demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the Commission.
The Commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Councilmember shall nominate one member who will serve during and for the term of the nominating Councilmember and the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission with the term e nding December 2022. Council Staff has verified that 4 Packet Pg. 33
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appointee is a registered voter within the City.
Attachments
Attachment 1 MCC. Boards, Commissions, Committees Application - Maria I. Lanas
Attachment 2 Resolution 2018-45
Ward: 1
Synopsis of Previous Council Action:
February 21, 2018 Resolution No. 2018 -45 establishing the Animal Control Commission was adopted.
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Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control
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Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control
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Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control
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Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1))
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Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1))
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Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1))
Discussion
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Ordinance to Allow Contract Approval by Minute Action (All Wards)
Recommendation
Introduce, read by title only, and waive further reading of Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section
3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution.
Background
According to the 2010 Census, the City of San Bernardino is the second largest City by population in the inland empire region. Geographically, the City covers approximately 62 square miles, with a majority of the area consisting of residential and commercial activities. Due to the City’s size, and the mandate given to staff to increase services and improve quality of life for residents, departments across the City must routinel y engage with consultants and vendors for supplies, materials, equipment, and professional services by entering into contracts. The San Bernardino Municipal Code outlines the City’s formal contract procedure. At present, the Municipal Code requires that al l contracts for supplies, materials, and equipment of a value greater than $50,000 be awarded by resolution.
Discussion
Each fiscal year a large volume of contracts, agreements, and memorandums of understanding are approved by the Mayor and City Council, all of which require the preparation of a resolution and accompanying staff report. The preparation of a resolution for every contract for supplies, materials, and equipment of a value greater than $50,000 can be a time consuming and, therefore, costly pro cess. In addition, the preparation of a resolution along with a staff report and contract adds an additional location in which inconsistencies among City documents can occur. To reduce staff time associated with the approval of contracts or agreements ove r $50,000, and to eliminate an area in which inconsistencies can arise, the Mayor and Council may find it appropriate to authorize the approval of such contracts by minute action in addition to by resolution.
The change in procedure outlined by staff woul d not present any record keeping 5 Packet Pg. 41
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disadvantages as contracts would still be taken to the City Clerk’s Office and be formally recorded in the meeting minutes. Additionally, when necessary , due to grant requirements for example, the Mayor and City Council may still approve contracts by resolution.
2021-2025 Key Strategic Targets and Goals
The adoption of an Ordinance to permit the approval of contracts by minute action in addition to by resolution aligns with Key Target No. 1: Improved Operational and Financial Capacity by reducing costs and associated staff time related to the approval of contracts.
Fiscal Impact
The adoption of an Ordinance to allow contract approval by minute action will reduce staff costs associated with agenda preparation.
Conclusion
Introduce, read by title only, and waive further reading of Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section
3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution.
Attachments
Attachment 1 Ordinance No. MC-1569
Ward: All
Synopsis of Previous Council Actions: None
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Ordinance No. MC-1569
1 ORDINANCE NO. MC-1569
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO , CALIFORNIA,
AMENDING SECTION 3.04.070 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE TO PERMIT THE
APPROVAL OF CONTRACTS BY MINUTE ACTION IN
ADDITION TO BY RESOLUTION
WHEREAS, at present, all contracts for supplies, materials, and equipment of a value greater than $50,000 must be awarded by the City Council by resolution; and
WHEREAS, the preparation of a resolution for every contract for supplies, materials, and equipment of a value greater than $50,000 can be a time consuming and, therefore, costly process; and
WHEREAS, in addition, the preparation of a resolution along with a staff report and the contract adds an additional location in which inconsistencies among city documents can occur ; and
WHEREAS, in order to reduce the staff time associated with the approval of agreements over $50,000 and to eliminate an area in which inconsistency can arise, the City Council finds it desirable to permit the approval of such contracts by minute action in addition t o by resolution; and
WHEREAS, because such contracts would still be taken to City Council and the minute action would still formally be recorded in the minutes, there are no recordkeeping disadvantages from this approach; and
WHEREAS, when necessary , due to grant requirements for example, the City Council may still approve contracts by resolution.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated into this Ordinance is if fully set forth herein.
SECTION 2. Amendment of Section 3.04.070 . Subsection F of Section 3.04.070 of Title 3 of the San Bernardino Municipal Code is hereby am ended in its entirety to read as follows:
“F. Award of Contracts. Contracts shall be awarded by the Mayor and City Council, by resolution or minute action, to the lowest and best bidder except as otherwise provided herein.”
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Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by Ordinance No. MC-1569
2 SECTION 3 . CEQA. The City C ouncil determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).
The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because th e code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to fi le a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or p hrases are declared unconstitutional, invalid, or ineffective.
SECTION 5 . Effective Date. This Ordinance shall become effective 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 ____day of ______, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by Ordinance No. MC-1569
3 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1569, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 20 22. Ordinance No. MC - 1569 was approved, passed and adopted at a regular meeting held the __ day of __________, 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of __________ 2022.
Genoveva Rocha, CMC, City Clerk
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Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by
Public Hearing
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Oliver Mujica, Planning Division Manager
Subject: Urgency Ordinance - Development Code Amendment 21-09 (Urban Lot Splits and Two-Unit Projects)
Recommendation
Adopt Urgency Ordinance No. MC -1570 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21 -09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1).
Background
In September 2021, the California Legislature approved, and the Governor signed into law, Senate Bill No. 9 (“SB 9”) ( Attachment 2), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate Urban Lot Splits and Two-Unit Projects.
Urban Lot Splits. The Subdivision Map Act (Government Code Section 6641 0 et seq.) assigns authority to regulate and control the design and improvement of subdivisions to the legislative body of local agencies and establishes procedures governing a local agency’s processing; approval, conditional approval or denial; and the fi ling of tentative and final tract maps and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval, or after any additi onal period as prescribed by local ordinance, not to exceed an additional 12 months, except under certain circumstances.
SB 9, among other things, requires local agencies to ministerially approve a parcel map for an Urban Lot Split that meets certain requ irements, including, but not limited to, the following:
✓ The Urban Lot Split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and fami lies of moderate, low, or very low 6 Packet Pg. 46
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income.
✓ The parcel is located within a single-family residential zone.
✓ The parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not a site that is legall y designated or listed as a city or county landmark or historic property or district.
Additionally, SB 9 further establishes what a local agency can and cannot require in approving an Urban Lot Split, including authorizing a local agency to impose objecti ve zoning standards, objective subdivision standards, and objective design standards, except to the extent that those standards would have the effect of physically precluding the construction of two units on either of the resulting parcels or physically pr ecluding either of the two units from being at least 800 square feet in floor area, and prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
Furthermore, SB 9 requires an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the Urban Lot Split, unless the applicant is a community land trust or a qualified nonprofit corporation. SB 9 also prohibits local agencies from imposing any additional owner occupancy standards on applicants for Urban Lot Splits.
Two-Unit Projects. SB 9, among other things, requires that a proposed housing development containing no more than two residential units within a single -family residential zone be considered ministerially, without discretionary review or hearing, provided the proposed housing development meets certain requirements, including, but not limited to, the following:
✓ The proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income,
✓ The proposed housing development does not allow for the demolition of more than 25 percent of the existing exterior structural walls, except as provided, and
✓ The development is not located within a historic district, is not included o n the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
Furthermore, SB 9 establishes what local agencies can and cannot require in approving the construction of a Two -Unit Project, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and 6 Packet Pg. 47
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objective design standards, except to the extent that those standards would have the effect of physically precluding the construction of up to two units or physically precluding either of the two units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setti ng maximum setback requirements under all other circumstances.
Discussion
SB 9 became effective on January 1, 2022, and preempts any conflicting city ordinance.
Consequently, Staff has prepared an Urgency Ordinance in accordance with Government Code Secti on 36937(b), to amend the City’s local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21, and to appropriately regulate projects under SB 9. The proposed Urgency Ordinance will amend Chapter 19.04 (Residential Zones) of the Cit y of San Bernardino Municipal Code by adding Section
19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) to establish procedures and objective standards for the filing and ministerial approval of Urban Lot Split applications by the Co mmunity and Economic Development Director, subject to the review and approval of both tentative and final parcel maps. The Urgency Ordinance further amends Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code by adding Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects) to establish procedures and objective standards for the filing and ministerial approval of Two-Unit Project applications by the Community and Economic Development Director. The propose d Urgency Ordinance (Development Code Amendment 21 -09) provisions are included as Exhibit “A” (Urban Lot Splits) and Exhibit “B” (Two Unit Projects).
The provisions under this Urgency Ordinance shall only apply to single -family residential zones where the only residential use that is allowed as a primary use is a single -family dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones.
Staff recommends that the Mayor and City Council approve t he proposed Urgency Ordinance to allow sufficient time for City staff to study and prepare a permanent ordinance pertaining to the regulation of Urban Lot Splits and Two -Unit Projects in a manner that complies with the new State law and is consistent with Government Code Sections 65852.21 and 66411.7.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
✓ Housing Goal 3.4: Promote equal housing opportunities for all per sons in San Bernardino.
✓ Housing Policy 3.4.1: Provide a regulatory environment in which housing opportunities are available for all persons.
The adoption of the Urgency Ordinance and implementation of Development Code Amendment 21-09 is consistent with the City’s General Plan by providing more options 6 Packet Pg. 48
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for families to maintain and build intergenerational wealth which is crucial to combating inequity and creating social mobility. SB 9 is part of the Senate’s Housing Package, ‘Building Opportunities For All ’ that establishes opportunities to make real progressive and positive changes in our communities to strengthen the fabric of our neighborhoods with equity, inclusivity, and affordability. While at the same time, as regulated by Development Code Amendment 21-09, Urban Lot Splits and Two -Unit Projects will be regulated in compliance with California Government Code Sections 65852.21 and 66411.7.
2021-2025 Key Strategic Targets and Goals
The Urgency Ordinance (Development Code Amendment 21 -09) aligns with Key Target No. 4(a): Economic Growth & Development - Update the General Plan and Development Code . Specifically, updating the Development Code pertaining to the regulation of Urban Lot Splits and Two -Unit Projects complies with the new State law and is consistent with Government Code Sections 65852.21 and 66411.7.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
California Environmental Quality Act
Pursuant to California Government Code Section 65852.21(j), the adoption of the Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), as the Urgency Ordinance is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. In addition to being statutorily exempt from CEQA, the proposed Urgency Ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines Section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four (4) or fewer parcels.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Urgency Ordinance No. MC -1570 approving Development Code Amendment 21-09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1).
Attachments
Attachment 1 DCA 21-09 Urgency Ordinance No. MC -1570 (Development Code Amendment 21-09)
Attachment 2 DCA 21-09 Urgency Ordinance No. MC-1570; Exhibits A & B Attachment 3 DCA 21-09 California Legislative Information - Senate Bill No. 9
Ward: All
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Synopsis of Previous Council Actions: None
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Urgency Ordinance No. MC-1570
1 URGENCY ORDINANCE NO. MC-1570
URGENCY ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT 21 -09 AMENDING CHAPTER 19.04
(RESIDENTIAL ZONES ) OF TITLE 19 (DEVELOPMENT
CODE) OF THE CITY OF SAN BERNARDINO MUNICIPAL
CODE ADDING SECTION 19.04.030(2)(W) (RESIDENTIAL
ZONES SPECIFIC STANDARDS – URBAN LOT SPLITS)
AND SECTION 19.04.030(2)(X) (RESIDENTIAL ZONES
SPECIFIC STANDARDS – TWO-UNIT PROJECTS) ; AND
FINDING THE EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill No. 9 (“SB 9”), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two- unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and
WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to a pplying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, the approval of urban lot splits and two-unit projects based sole ly on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an Urgency Ordinance to be effective immediately upon adoption by a four -fifths vote of the City Council; and
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Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570
2 WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b).
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Compliance with the California Environmental Quality Act. Under California Government Code Sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CE QA, the proposed Ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines Section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbaniz ed areas zoned for residential use into four (4) or fewer parcels.
Here, the Ordinance is categorically exempt under the Class 15 exemption because the Ordinance regulates a single urban lot split of one parcel into two (2) separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed Ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to an other. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four (4) dwelling units as examples of activity that expressly falls w ithin this exemption. Here, the Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two (2) primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the Mayor and City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines Section 15300.2, apply here.
Specifically, the Mayor and City Council finds, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The determination of each independent CEQA exemption reflects the independent judgment of the Mayor and City Council.
Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of this Ordinance.
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Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570
3 SECTION 3. Finding of Facts – Development Code Amendment 21-09
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 21-09 is consistent with the General Plan, as follows:
✓ Housing Goal 3.4: Promote equal housing opportunities for all persons in San Bernardino.
✓ Housing Policy 3.4.1: Provide a regulatory environment in which housing opportunities are available for all persons.
The adoption of the Urgency Ordinance and implementation of Development Code Amendment 21-09 is consistent with the City’s General Plan by providing mor e options for families to maintain and build intergenerational wealth which is crucial to combatting inequity and creating social mobility. SB 9 is part of the Senate’s Housing Package, ‘Building Opportunities For All’ that establishes opportunities to make real progressive and positive changes in our communities to strengthen the fabric of our neighborhoods with equity, inclusivity, and affordability.
While at the same time, as regulated by Development Code Amendment 21- 09, urban lot splits and two-unit projects will be regulated in compliance with California Government Code Sections 65852.21 and 66411.7.
Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The adoption and implementation of Development Code Amendment 21-09 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare.
SECTION 4. Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code is hereby amended and to add Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects) as provided in Exhibit “A” and Exhibit “B” respectively, each of which is attached hereto and incorporated herein by reference.
SECTION 5. This Urgency Ordinance takes effect immediately upon its adoption.
SECTION 6. The City Clerk shall either: (a) have this Urgency Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.
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Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570
4 SECTION 7. If any provision of this Urgency Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Urgency Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Urgency Ordinance are severable. The City Council declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any portion thereof.
SECTION 8. The City Council hereby directs staff to prepare, execute, and file with the County of San Bernardino Clerk a notice of exemption within five (5) working days of the adoption of this Urgency Ordinance.
SECTION 9. Custodian of Records. The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Mayor and City Council based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570
5 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC-1570, adopted by the City Council of the City of San Bernardino , California, at a regular meeting held at the ___ day of _________, 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.
Genoveva Rocha, CMC, City Clerk
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Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - EXHIBIT “A”
SECTION 19.04.030(2) – RESIDENTIAL ZONES SPECIFIC STANDARDS
W. URBAN LOT SPLITS
1. Purpose. The purpose of this subpart (W) is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.
2. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
3. Application.
a. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code §402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by §214.15).
b. An a pplication for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
c. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law .
The Mayor and City Council may establish and change the fee by resolution.
The fee must be paid with the application.
4. Approval.
a. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community and Economic Development D irector, or his or her designee, without discretionary review.
b. A tentative parcel map for an urban l ot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Code.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency
5. Requirements. An urban lot split must satisfy each of the following requirements:
a. Map Act Compliance.
i. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code §66410 et. seq., “SMA”), including implementing requirements in this Code, except as otherwise expressly provided in this section. ii. If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this subpart (W) , or any other legal requirement:
a) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA,
including but not limited to an action for damages or to void the deed, sale, or contract.
b) The City has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or
finance the property.
(II) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punisha ble by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
iii. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
b. Zone. The lot to be split is in a single-family residential zone. For purposes of this subpart (W), a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones. c. Lot Location.
i. The lot to be split is not located on a site that is any of the following:
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) Prime farmland, farmland of statewide importance , or land that is zoned or designated for agricultural protection or preservation by the voters.
b) A wetland.
c) Within a very high fire hazard se verity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.
d) A hazardous waste site that has not been cleared for residential use.
e) Within a d elineated earthquake fault zone , unless all development on the site complies with applicable seismic protection building code standards.
f) Within a 100-year flood hazard area, unless t he site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
g) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i) Habitat for protected species.
j) Land under conservation easement.
ii. The purpose of subpart (W)(e)(3)(A) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)– (K). (See Gov. Code §66411.7(a)(3)(C).)
d. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.
Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district. e. No Prior Urban Lot Split.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency i. The lot to be split was not established through a prior urban lot split. ii. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
f. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
i. Housing that is income-restricted for households of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
iv. Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to thi s fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
g. Lot Size.
i. The lot to be split must be at least 2,400 square feet. ii. The resulting lots must each be at least 1,200 square feet. iii. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
h. Easements.
i. The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
ii. Each easement must be shown on the tentative parcel map. iii. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency against the property before the final map may be approved, in accordance with subpart (W)(d)(2) above.
i. Lot Access.
i. Each resulting lot must adjoin the public right of way. ii. Each resulting lot must have frontage on the public right of way of at least 12.5 feet.
j. Unit Standards.
i. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Subpart (X) of this Code, an ADU, or a JADU
ii. Unit Size.
a) The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 and
(II) more than 500 square feet.
b) A primary dwelling that was legally established prior to th e urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. iii. Height Restrictions.
a) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. b) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulti ng from an urban lot split.
iv. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
v. Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
vi. Setbacks.
a) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b) Exceptions. Notwithstanding subpart (W)5.j.vi above:
(I) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(II) 800 s quare feet; four -foot side and rear . The
setbacks imposed by the underlying zone must yield
to the degree necessary to avoid physically
precluding the construction of up to two units on the
lot or either of the two units from being at least 800
square feet in floor area; but in no event may any
structure be less than four feet from a side or rear
property line.
c) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought -
tolerant plants, with vegetation and irrigation plans;
(III) allow for vehicular and fire-safety access to the front structure.
vii. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) The lot is located within one -half mile walking distance of either
(I) a corridor with fixed route bu s service with service intervals no longer than 15 minutes during peak
commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or m ore major bus
routes with a frequency of service interval of
15 minutes or less during the morning and
afternoon peak commute periods.
b) The site is located within one block of a car-share vehicle location.
viii. Architecture.
a) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting must be limited to down-lights. d) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
e) If a dwell ing is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
ix. Landscaping. Evergreen landscape screening must be pla nted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
b) Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least 6 feet in height may be installed.
c) All landscaping must be drought-tolerant.
x. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
xi. Utilities.
a) Each primary dwelling unit on the resulting lots must hav e its own direct utility connection to the utility service provider.
b) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
xii. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
k. Fire-Hazard Mitigation Measures.
i. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. b) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c) All enclosed structures on the site must have fire sprinklers. d) All sides of all dwellings on the site must be within a 150 - foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
e) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire -
authority standard pump and hose equipment.
ii. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire - hazard mitigation measures in accordance with this subpart (W)5.k.
The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application.
l. Separate Conveyance.
i. Within a resulting lot.
a) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
c) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property
owners.
ii. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or atta ched to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate Covenants, Conditions & Restrictions ( CC&Rs), easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
m. Regulation of Uses.
i. Residential-only. No non -residential use is permitted on any lot created by urban lot split.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency ii. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. iii. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
n. Notice of Construction.
i. At least 30 business days before starting any construction of a structure on a lot crea ted by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a) Notice that construction has been authorized,
b) The anticipated start and end dates for construction, c) The hours of construction,
d) Contact information for the project manager (for
construction-related complaints), and
e) Contact information for the Building & Safety Division. ii. This notice requirement does not confer a rig ht on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
o. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
i. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
ii. Expressly prohibits any non-residential use of the lots created by the urban lot split.
iii. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
iv. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency
6. Specific Adverse Impacts.
a. Notwithstanding anything else in this s ubpart (W), the City may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsiste ncy with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g). c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency EXHIBIT “B”
SECTION 19.04.030(2) – RESIDENTIAL ZONES SPECIFIC STANDARDS
X. TWO-UNIT PROJECTS
1. Purpose. The purpose of this s ubpart (X) is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
2. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
3. Application.
a. Only individual property owners may apply for a two -unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as define d by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
b. An application for a two -unit project must be submitted on the City’s approved form.
c. The applicant must obtain a certificate of compliance with the S ubdivision Map Act for the lot and provide the certificate with the application. d. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
e. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.
The Mayor and City Council may establish and change the fee by resolution.
The fee must be paid with the application.
4. Approval.
a. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director , or his or her designee, without discretionary review.
b. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
5. Requirements. A two-unit project must satisfy each of the following requirements:
a. Map Act Compliance. The lot must have been legally subdivided. b. Zone. The lot is in a single -family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones
c. Lot Location.
i. The lot is not located on a site that is any of the following:
a) Prime farmland, farmland of statewide importance, or land that is zoned or desig nated for agricultural protection or preservation by the voters.
b) A wetland.
c) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.
d) A hazardous waste site tha t has not been cleared for residential use.
e) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f) Within a 100 -year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency g) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i) Habitat for protected species.
j) Land under conservation easement.
ii. The purpose of subpart (X)(e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B) – (K). (See Gov. Code §66411.7(a)(3)(C).)
d. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
e. No Impact on Protected Housing . The two-unit project must not require or include the demolition or alter ation of any of the following types of housing:
i. Housing that is income-restricted for households of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
iv. Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which a two -unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigat ion to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
f. Unit Standards.
i. Quantity.
a) No more than two dwelling units of any kind may be bui lt on a lot that results from an urban lot split . For purposes of
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Subpart (X) of this Code, an ADU, or a JADU. b) A lot that is not created by an urban lot split may have a two- unit project under this subpart (X), plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance.
ii. Unit Size.
a) The total floor area of e ach primary dwelling built that is developed under this section must be
(I) less than or equal to 800 and
(II) more than 500 square feet.
b) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two- unit project. The unit may not be expanded.
c) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two - unit project.
iii. Height Restrictions.
a) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
c) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. iv. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency v. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
vi. Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
vii. Setbacks.
a) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b) Exceptions. Notwithstanding subpart (X)(e)(6)(G) above:
(I) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(II) 800 s quare feet; four -foot side and rear . The
setbacks imposed by the underlying zone must yield
to the degree necessary to avoid physically
precluding the construction of up to two units on the
lot or either of the two units from be ing at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear
property line.
c) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 2 0 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought -
tolerant plants, with vegetation and irrigation plans;
(III) allow for vehicular and fire-safety access to the front structure.
viii. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
a) The lot is located within one -half mile walking distance of either
6.b
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of
15 minutes or less during the morning and
afternoon peak commute periods.
b) The site is located wit hin one block of a car-share vehicle location.
ix. Architecture.
a) If there is a legal primary dwelling on the lot that was established before the two-unit project , any new primary dwelling unit must match the existing primary dwelling unit in exterior material s, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b) If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwel lings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting must be limited to down-lights. d) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. e) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
x. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
b) Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least 6 feet in height may be installed.
c) All landscaping must be drought-tolerant.
xi. Nonconforming Conditions . A two -unit project may only be approved if all nonconforming zoning conditions are corrected. xii. Utilities.
a) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. b) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
xiii. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
g. Fire-Hazard Mitigation Measures . A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
i. It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
ii. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. iii. All enclosed structures on the site must have fire sprinklers. iv. All sides of all dwellings on the site must be within a 150-foot hose- pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
v. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency approved hookups compatible with fire -authority standar d pump and hose equipment.
h. Separate Conveyance.
i. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest
developments are not permitted within the lot.
iii. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
i. Regulation of Uses.
i. Residential-only. No non-residential use is permitted on the lot. ii. No Short Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
iii. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
j. Notice of Construction.
i. At least 30 business days before starting any construction of a two - unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a) Notice that construction has been authorized,
b) The anticipated start and end dates for construction, c) The hours of construction,
d) Contact information for the project manager (for
construction-related complaints), and
e) Contact information for the Building & Safety Division. ii. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministe rial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency k. Deed Restriction. The owner must record a deed restric tion, acceptable to the city, that does each of the following:
i. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
ii. Expressly prohibits any non-residential use of the lot. iii. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
iv. If the lot is not created by an urban lot split: E xpressly requires the individual property owners to live in one of the dwelling uni ts on the lot as the owners’ primary residence and legal domicile. v. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
6. Specific Adverse Impacts.
a. Notwithstanding anything else in this s ubpart (X), the City may deny an application for a two -unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and d oes not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). c. The Building Official may consult with and be assisted by p lanning staff and others as necessary in making a finding of specific, adverse impact.
7. Remedies. If a two -unit project violates any part of this code or any other legal requirement:
a. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
b. The city may:
i. Bring an action to enjoin any attempt to sell, lease, or finance the property.
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency ii. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
vi. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
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Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
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Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance -
Public Hearing
City of San Bernardino
Request for Council Action
Date: January 19, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Ordinance Adjusting the Salary for the Position of Mayor (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, provide direction for modificat ion or receive and file the data as presented; and
2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an amount determined by the City Council.
Background
At the October 20, 2021, Mayor and City Council meeting, staff was instructed to evaluate options for adjusting the salary of the Mayor to appropriately reflect the duties of the office following the voters’ adoption of the City Charter in 2016.
The San Bernardino City Charter establishes the authority for setting compensation of the Mayor and Council members. Specifically, City Charter Article III, Section 305 titled “Compensation; Expenses” states:
“Compensation for the Mayor and Council Members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City -elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position.
No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office.” 7 Packet Pg. 85
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The Mayor and City Council established the Elected Official Compensation Advisory Commission on February 21, 2018 (Ordinance MC -1463). The nine -member commission was tasked with s erving in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city -elected officials. The commission conducts compensation surveys of city -elected officials in other California charter and/or general law cities, reviews Government Code provisions for compensation of city -elected officials and provides compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter. Recently, in response to direction from the City Council, the Elected Officials Compensation Advisory Commission was reactivated. The Elected Officials Compensation Advisory Commission has met (3) three times in 2021 (October 13, November 10, and November 30), however the commission had yet to formalize a recommendation on the compensation for elected officials.
Currently, the San Bernardino Municipal Code defines the compensation for both the Mayor and Council Members. More specifically the compensation for Mayor, is noted in Section 2.82.010 of the San Bernardino Municipal Code (titled “Compensation of Mayor”), which states:
“Commencing January 1, 2019, the Mayor shall receive the following compensation:
a) annual salary of fifty percent (50%) of the salary of a Superior Court Judge in the County o f San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year;
b) Employer health benefits contribution equivalent to that offered by the City to management employees; and
c) an auto allowance of $725 per month.
The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts p ayable to the Mayor as per day compensation for City business -related travel and further exclusive of any amounts payable to the Mayor for out -of-town attendance on City-related business.”
At the December 15, 2021, Mayor and City Council meeting, the City Council directed staff to return with the basis and salary data for adjusting the salary of the position of Mayor.
Discussion
Under California law, a general law city’s powers are limited to those granted to it by state statute and from the general poli ce power granted to it by the State Constitution.
On the other hand, a charter city's power comes from the State Constitution which grants it “home rule” authority over municipal affairs, subject only to the limitations of the city’s charter, the State Con stitution, and preemptive state law that addresses a matter of “statewide concern". Given the City of San Bernardino is a "charter" city as contrasted to a "general law" city, staff surveyed charter cities in both San Bernardino 7 Packet Pg. 86
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and Riverside counties.
The current basis for the Mayor’s annual salary, defined by Municipal Code Section
2.82.010 can be traced back to January 2003, which pre-dates the City’s current form of government (see Attachment 6). In November 2016, with the adoption of the current Charter, the City transitioned to a Council -Manager form of government (see Attachment 7). Previously, the Charter designated the Mayor as the Chief Executive Officer, while today the Charter designates the City Manager as the Chief of Executive Officer.
Using the League of Cities Charter Cities list consisting of 121 cities, fourteen (14) charter cities with the same form of government were identified in San Bernardino and Riverside Counties (see Attachment 1) . The salary data from the fourteen (14) survey cities is available in Attachment 2 and Attachment 3. The average base yearly salary of the fourteen (14) survey cities is $29,501. When analyzing the survey data, including the city charter and municipal code for each of the cities , seven (7) cities have d irectly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure. Of the seven (7) cities , five (5) cities establish authority, powers, and duties for the directly elected position of Mayor in their respective charters. The average yearly base salary of the five (5) cities is $50,040, which consists of Adelanto, Needles, San Bernardino, Palm Springs, and Riverside (see Attachment 4).
As outlined in the City of San Bernardino Charter, the City Council has the authority to adjust the compensation package of elected officials including the position of Mayor by ordinance following a public hearing, while giving due consideration to the recommendations of an advisory commission. At its January 10, 2022 meeting, the Elected Offici als Compensation Advisory Commission by unanimous vote recommended the basis for setting salary of the position remain the same.
At present, the City Council after discussing the survey results may consider whether to, and to what degree, the salary for the position of Mayor should be adjusted to appropriately reflect the duties of the office following the 2016 amendment of the City Charter or provide staff direction for modification of the survey data . It is important to underscore, the salary of an incu mbent may not be reduced during their current term, instead the salary adjustment would be effective at the beginning of the new term, December 2022.
2021-2025 Key Strategic Targets and Goals
Reviewing and discussing the salary of the Mayor to appropri ately reflect the duties of the office following the 2016 amendment of the City Charter aligns with Key Target No. 1: Focused Aligned Leadership and Unified Community.
Fiscal Impact
There is no fiscal impact associated with preparing the salary survey and with the Mayor and City Council introducing and waiving further reading of Ordinance No. MC-1571.
Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Review and consider the basis and salary data f or adjusting the salary for the position of Mayor, provide direction for modification or receive and file the data as presented; and
2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC -1571 of t he Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an amount determined by the City Council.
Attachments
Attachment 1 League of California Cities List of Charter Cities Attachment 2 Salary Data, Charter Cities
Attachment 3 Salary Data, Charter Duties
Attachment 4 Salary Data, Cities w Mayor Duties Outlined in Charter Attachment 5 Ordinance No. MC-1571
Attachment 6 City Charter (Previous)
Attachment 7 City Charter (Current)
Ward: All
Synopsis of Previous Council Actions:
October 20, 2021 At the October 20, 2021, Mayor and City Council meeting, staff was instructed to evaluate options for adjusting the salary of the Mayor to appropriately reflect the duties of the office following the 2016 charter amendment.
December 15, 2021 At the December 15, 2021, Mayor and City Council meeting, st aff was directed to return with the basis and salary data for adjusting the salary of the position of Mayor.
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Charter Cities
Adela
nto
Alameda
Albany
Alhambra
Anaheim
Arcadia
Bakersfield
Bell
Berkeley
Big Bear Lake
Buena Park
Burbank
Carlsbad
Cerritos
Chico
Chula Vista
Compton
Culver City
Cypress
Del Mar
Desert Hot Springs
Dinuba
Downey
El Cajon
El Centro
Eureka
Exeter
Folsom
Fortuna
Fresno
Gilroy
Glendale
Grass Valley
Hayward
Huntington Beach
Indian Wells
Industry
Inglewood
Irvine
Irwindale
King City
Kingsburg
Lancaster
La Quinta
Lemoore
Lindsay
Loma Linda
Long Beach
Los Alamitos
Los Angeles
Marina
Marysville
Merced
Modesto
Monterey
Mountain View
Napa
Needles
Newport Beach
Norco
Oakland
Oceanside
Oroville
Pacific Grove
Palm Desert
Palm Springs
Palmdale
Palo Alto
Pasadena
Petaluma
Piedmont
Placentia
Pomona
Port Hueneme
Porterville
Rancho Mirage
Redondo Beach
Redwood City
Richmond
Riverside
Roseville
Sacramento
Salinas
San Bernardino
San Diego
San Francisco
San Jose
San Leandro
Attachment 1
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Attachment: Attachment 1 League of California Cities List of Charter Cities (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All San Luis Obispo
San Marcos
San Mateo
San Rafael
San Ramon
Sand City
Santa Ana
Santa Barbara
Santa Clara
Santa Cruz
Santa Maria
Santa Monica
Santa Rosa
Santee
Seal Beach
Shafter
Signal Hill
Solvang
Stockton
Sunnyvale
Temple City
Torrance
Truckee
Tulare
Vallejo
Ventura
Vernon
Victorville
Visalia
Vista
Watsonville
Whittier
Woodlake
Total Cities: 121
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Attachment: Attachment 1 League of California Cities List of Charter Cities (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All City County
Form of
Government
Mayor
Elected or Appointed
Charter
Duties Vote Veto Power Population
Median
Household
Income Base Monthly Base Yearly
Adelanto San Bernardino Council-Manager Directly Elected Y Y N 38,046 45,380 924 11,088 Big Bear Lake San Bernardino Council-Manager Council Appointed N Y N 5,046 51,060 300 3,600 Loma Linda San Bernardino Council-Manager Council Appointed N Y N 24,791 55,607 1,067 12,801 Needles San Bernardino Council-Manager Directly Elected Y N Y 4,931 33,717 1 12 San Bernardino San Bernardino Council-Manager Directly Elected Y N Y 222,101 45,834 9,378 112,536 Victorville San Bernardino Council-Manager Council Appointed N Y N 134,810 53,957 943 11,314 Salary Data
Attachment 2 7.b
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Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County
Form of
Government
Mayor
Elected or Appointed
Charter
Duties Vote Veto PowerPopulation
Median
Household
Income Base Monthly Base Yearly
Salary Data
Desert Hot SpringsRiverside Council-ManagerDirectly Elected N Y N 32,512 33,046 1,429 17,151 Indian Wells Riverside Council-ManagerCouncil AppointedN Y N 4,757 107,500 1,559 18,710 La Quinta Riverside Council-ManagerDirectly Elected N Y N 37,558 77,839 2,800 33,600 Norco Riverside Council-ManagerCouncil AppointedN Y N 26,316 102,817 550 6,600 Palm Desert Riverside Council-ManagerCouncil AppointedN Y N 51,163 59,977 2,076 24,915 Palm Springs Riverside Council-ManagerDirectly Elected Y Y N 44,575 53,441 3,650 43,800
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Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County
Form of
Government
Mayor
Elected or Appointed
Charter
Duties Vote Veto PowerPopulation
Median
Household
Income Base Monthly Base Yearly
Salary Data
Rancho Mirage Riverside Council-ManagerCouncil AppointedN Y N 16,999 78,682 2,843 34,116 Riverside Riverside Council- Manager Directly Elected Y N N 314,998 69,045 6,897 82,764 Top Base Yearly 112,536
Methodology Bottom Base Yearly 12
All Charter Cities Riverside + San Bernardino Counties as noted in League of California Cities List of Charter Cities Average Base Yearly 29,501 Median Base Yearly 17,931
Data Sources
https://data.census.gov/cedsci/
City websites, municipal code, charter, and salary schedules
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Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Adelanto San Bernardino Charter Article VI, Section 601, (b) The Mayor shall, in addition performance of his/her duties as Mayor, preside at all City Council meetings, represent the City as the ceremonial head of City Government, and perform such other acts as may be required of him/her, as directed by the City Council, consistent with this Charter, ordinance of the City, other applicable law, or law applicable to general law cities with directly elected mayors. Except as otherwise provided herein and/or provided by state law or ordinance of the City, the elected Mayor shall be considered a regular voting member of the City Council, for all purposes under, and subject to, the terms of this Charter. In the case of the absence or disability of the Mayor, the Mayor Pro Tempore shall act in his/her place and stead.
Municipal Code indicates Mayor has the same power and duties as the City Council.
Big Bear Lake San Bernardino
Loma Linda San Bernardino
Needles San Bernardino Charter Article IV, Sec. 455. Powers vested in the mayor. The mayor shall be presiding officer of the city council. He shall have a voice in all its proceedings, but shall not be empowered to move or second council action. He shall be empowered to vote in said council only to break a tie vote. The mayor shall possess veto power over any council action taken by less then 3/4 vote of those present, but this veto shall only be exercised during the same meeting and immediately following the ordinance, resolution, or motion in question. The city council can override such veto by a 3/4 vote of its members present. The mayor shall be official head of the city and shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the council. Section 508, May call special meetings at any time. Section 509, May designate place of meetings. Section 518, Signs all ordinances and resolutions. Section 525, signs contracts.
Salary Data - Charter Duties
Attachment 3 7.c
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Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Salary Data - Charter Duties
San Bernardino San Bernardino Charter Article III, Section 303. Powers and Duties of the Mayor. The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office.
Victorville San Bernardino
Desert Hot SpringsRiverside
Indian Wells Riverside
La Quinta Riverside
Norco Riverside
Palm Desert Riverside
Palm Springs Riverside Charter Article III, Section 302. The office of mayor shall be filled by direct at large election of the voters of the City. The mayor shall serve for a term of four years and until his or her successor qualifies. The mayor shall be the head of the City for all ceremonial purposes. The mayor may make and second motions and shall have a voice and vote in all city council proceedings. The mayor shall serve as the primary, but not exclusive, spokesperson of the City. The mayor shall perform such other duties consistent with his or her office as may be prescribed by this Charter, or as may be imposed by the city council.
Rancho MirageRiverside
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Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Salary Data - Charter Duties
Riverside Riverside City Charter Article IV, Section 405: The Mayor shall be the presiding officer at all meetings of the City Council and shall have a voice in all its proceedings but shall not vote except to break a City Council tie-vote which exists for any cause. The Mayor shall be the official head of the City for all ceremonial purposes.
The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and of informing the people of any major change in policy or program. The Mayor shall advise the City Council on all matters of policy and public relations and perform such other duties as may be prescribed by this Charter. During the months of January or February, the Mayor shall deliver a State of the City message at any location within the City that the Mayor deems appropriate at which the Mayor will present the Mayor's programs, objectives and priorities.
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Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Form of Government
Mayor
Elected or Appointed General Law vs Charter Population
Median
Household
Income
Base
Monthly
Base
Yearly
Adelanto San Bernardino Council-Manager Directly Elected Charter 38,046 45,380 924 11,088 Needles San Bernardino Council-Manager Directly Elected Charter 4,965 21,148 1 12 San Bernardino San Bernardino Council-Manager Directly Elected Charter 222,101 45,834 9,378 112,536 Palm Springs Riverside Council-Manager Directly Elected Charter 44,575 53,441 3,650 43,800 Riverside Riverside Council- Manager Directly Elected Charter 314,998 69,045 6,897 82,764 Top Base Yearly 112,536
Bottom Base Yearly 12
Data Sources Average Base Yearly 50,040
https://data.census.gov/cedsci/ Median Base Yearly 43,800 City Websites, municipal code, charter, and salary schedules Salary Data - Cities with the Mayor's duties outlined in Charter Attachment 4 7.d
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Attachment: Attachment 4 Salary Data, Cities w Mayor Duties Outlined in Charter (8743 : Ordinance Ordinance No. MC-1571
1 ORDINANCE NO. MC-1571
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO , CALIFORNIA,
AMENDING SECTION 2.82.010 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING
COMPENSATION OF MAYOR
WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of San Bernardino, as a charter city, to provide for the compensation of Mayor;
WHEREAS, Section 305 of the new City Charter adopted by voters and Municipal Code Chapter 2.19 require that compensation for elected officials be adopted by ordinance, after public hearing, and considering the recommendation of an advisory commission; and
WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory Commission (the "Commission") was established by Ordinance No. MC-1463; and
WHEREAS, on December 15, 2021, the City Council directed staff to return with the basis and salary data for adjusting the salary of the position of Mayor; and
WHEREAS, fourteen charter cities in both San Bernardino and Riverside counties were identified using the League of California Cities List of Charter Cities; and
WHEAREAS, seven of t he charter cities hav e directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure; and
WHEREAS, five of th e charter cities establish authority, powers, and duties for the directly elected position of Mayor in their respective charters; and
WHEREAS, the average yearly base salary of the five cities is $50,040; and
WHEREAS, at its January 10, 2022 meeting, the Elected Officials Compensation Advisory Commission by unanimous vote recommended the basis for setting salary of the position remain unchanged.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated into this Ordinance is if fully set forth herein.
SECTION 2. Amendment of Section 2.82.010. Title 2, Chapter 2.82, Section 2.82.010 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“2.82.010 Compensation of Mayor
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2 Commencing with the certification of the November 2022 election , the Mayor shall receive the following compensation:
A. Annual salary of $___________;
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $725 per month.
The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on City-related business.”
SECTION 3 . CEQA. The City C ouncil determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).
The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably fore seeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 5. Effective Date. In accordance with Section 305, this Ordinance shall become effective on the date of the commencement of the term of the Mayor elected at the next regular election.
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 ____day of ______, 2022.
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3 John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1571, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022. Ordinance No. MC-1571 was approved, passed and adopted at a regular meeting held the __ day of __________, 20 22 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of __________ 2022.
Genoveva Rocha, CMC, City Clerk
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ANNOTATED
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
THIS CHARTER EFFECTIVE MARCH 6, 2006 EXCEPT
THOSE SECTIONS OTHERWISE NOTED)
RATIFIED BY THE VOTERS AT THE ELECTION ON NOVEMBER 2, 2004,
FILED IN THE OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF CALIFORNIA ON MARCH 16, 2005
AND ASSIGNED CHARTER CHAPTER NUMBER 26
FOR PUBLICATION IN THE STATUTES OF 2005,
AS AMENDED BY SPECIAL ELECTION HELD NOVEMBER 4, 2014.
Rev. October 2016]
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Contents:
PREAMBLE
ARTICLE I
BOUNDARIES, RIGHTS AND LIABILITIES
Section 1 Powers of City
Section 2 Boundaries - Jurisdiction
Section 3 Time and Change of Boundaries
ARTICLE II
ELECTIVE OFFICERS AND ELECTIONS
Section 10 Primary and General Election
Section 10- A Election to Office
Section 11 Provision for Elections -
Returns - Certificate
Section 11- A Compensation For Officers
Section 12 Approval and Filing of Bond
Section 13 Officers Elected
Section 14 Officers and Terms
Section 14- A Vacancy on Council
Section 14- B Consolidated General Election
Section 15 Vacancies
Section 16 Military Leave of Absence
Bonds and Salaries
Section 20 Approval of Bonds
Section 21 City Officials as Surety - Form - Liability - Bond of Surety Company
Section 23 Additional bond - Vacancy
Section 24 Salary of Mayor
Section 24- A Salary of Council
Section 24- B Salary of City Clerk
Rev. October 2016]
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ARTICLE III
LEGISLATIVE DEPARTMENT - THE COMMON COUNCIL
Section 30 Legislative Power
Section 31 Ordinances - Adoption - Emergency and Urgency Section 32 Ordinances - Enacting Clause
Section 33 Ordinances - Publication
Section 34 Powers of Common Council - Written Charges
Section 35 Meetings - Time of - Adjournments
Section 36 Mayor to Preside - Temporary Absence of Mayor; Mayor Temporarily Unable to Perform Duties
Section 37 Council Committees
Section 39 Power to Override Mayor
Subjects of Legislation
Section 40 Powers of Mayor and Common Council
Section 41 System for Assessment, Levy, and Collection of Taxes
ARTICLE IV
ELECTED MUNICIPAL OFFICERS
Mayor
Section 50 Chief Executive Officer
Section 51 Appointments and Vacancies
Section 52 Supervision by Mayor
City Attorney
Section 55 Position - Duties - Salary
City Clerk
Section 60 Duties
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City Assessor
Section 65 of the 1905 Charter repealed
by election held on February 06, 1973)
Treasurer
Section 70 Duties
Section 90 Veto Power of Mayor in
Community Development Commission
ARTICLE V
CITY MANAGER
Section 100 Selection and Qualifications
Section 101 Assistant City Manager
Section 102 Authority and Duties of the City Manager
Section 103 Vacancy
Section 104 Mayor and Common Council' s Authority Over
the City Manager and Other City Employees
Section 105 Non- Eligibility of Elected Officials
ARTICLE V
JUDICIAL DEPARTMENT
Article V of the 1905 Charter, Judicial Department
repealed by election held February 06, 1973)
ARTICLE VI
RESERVED
Article VI of the 1905 Charter
repealed by election held February 06, 1973)
ARTICLE VII
INITIATIVE, REFERENDUM AND RECALL
Section 120 The Initiative
Section 121 The Referendum
Section 122 The Recall
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ARTICLE VIII
REVENUE AND FINANCE
Section 130 Reports and Estimates
Section 131 Ordinance To Be Passed
Section 132 Ex- officio Assessor and Tax Collector
Section 133 Indebtedness for Municipal Improvement
Section 134 Sewer Service Charges
Section 135 Demands Against City
Section 139 Valid Claims
Section 140 Advertisement For Supplies, Etc.
Section 143 Special Funds
Section 148 Library Fund
Section 149 Sewer Fund
Section 150 ( Section 150 of the 1905 Charter repealed
by election held February 6, 1973)
Section 151 ( Section 151 of the 1905 Charter repealed
by election held February 6, 1973)
Section 152 ( Section 152 of the 1905 Charter repealed
by election held February 6, 1973)
Section 153 ( Section 153 of the 1905 Charter repealed
by election held February 6, 1973)
ARTICLE IX
WATER DEPARTMENT
Section 160. Water Commissioners - Term of Office -
Qualifications - Duties
Section 161 Oath of Office
Section 162 President - Inventory of Property
Section 163 Powers
Section 164 Sale And Use Of Water
Section 165 Receipts and Disbursements of Water Funds
Section 166 Map Of Water System And Service
Section 167 Financial Condition Of Water Department, Etc.
Section 168 City Clerk Ex- Officio Secretary
Section 169 Meetings
Section 170 Compensation of Members
Section 171 Ordinance to Enforce Rules
Rev. October 2016]
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ARTICLE X
POLICE AND FIRE DEPARTMENTS
Section 180 Powers of Mayor and Common Council
Section 181 Police Department - Membership
Section 182 Chief of Police - Duties
Section 183 Fire Department - Membership
Section 183 A Chief of the Fire Department - Duties
Section 184 Supervision of City Manager Over Funds, Moneys, Etc.
Section 185 Power to Make Rules and Regulations
Section 186 Salaries
ARTICLE XI
SCHOOL DISTRICTS
Section 190 Definition
Board of Education
Section 191 Members
Board of Education: Term, Election
Section 192 Terms of Office - Election
Vacancies
Section 193 How Filled
Section 194 Meetings
Section 200 Filing of Claims
Rev. October 2016]
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ARTICLE XII
FREE PUBLIC LIBRARY
Section 205 Trustees - Terms
Section 206 Trustees - No compensation
Section 207 Library Tax
Section 208 Donations - Bequests
Section 209 Title To Real And Personal Property
Section 210 Meetings
Section 211 Powers of Board
Section 212 Reports
ARTICLE XII- A
PARk AND RECREATION COMMISSION
Section 213 Members - Term of Office
Section 214 Appointment
Section 215 Removal From Office
Section 216 No Compensation - Meetings
Section 217 Duties
Section 219 Appeal to Council
ARTICLE XIII
MISCELLANEOUS
Section 220 Fiscal year
Section 221 Definitions
Section 222 Oath of office
Section 223 Ordinances in Force
Section 225 Restrictions on Officers
Section 226 Delivery of Property
Section 227 Office Hours
Section 229 Deposit of Money
Section 230 Term of Office
Section 234 Reimbursement For Expenses
Section 235 Qualification of Officers
Section 236 Section 236 of the 1905 Charter repealed by election held February 04, 1969
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Section 237 Section 237 of the 1905 Charter repealed by election held February 04, 1969
Section 238 Power to Reject Bids and Readvertise
Section 239 Section 239 of the 1905 Charter repealed by election held February 04, 1969
Section 240 Taking or Damaging Private Property
Section 241 Employment of Legal Counsel
Section 242 Qualifications of City Employees and Appointment Section 243 Nepotism
Section 244 When Charter Takes Effect
Section 245 Early Effective Date of Certain Sections of This Charter Section 246 Civil Service Board - Appointment
Section 247 Civil Service to Organize and Appoint Secretary Section 248 Classified and Unclassified Civil Service
Section 249 Veteran Preference
Section 250 Codes of Rules and Regulations
Section 251 Examinations
Section 252 Promotion to Positions
Section 253 One Year Probation
Section 254 Discharge or Reduction of Compensation
Section 255 Appeal of Suspension
Section 256 Power to Dismiss
Section 257 Position in Classified Service
Section 258 Payment of Salaries
Section 259 Investigations
Section 261 Penalties Fixed by Civil Service Board
Section 262 Effectiveness and Repeal of Former Charter
Section 263 Severability
Rev. October 2016]
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PREAMBLE
We, the citizens of the City of San Bernardino, hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our City government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident.
ARTICLE I
BOUNDARIES, RIGHTS AND LIABILITIES
Section 1. Powers of City
The municipal corporation now existing known as the City of San Bernardino shall remain and continue a body politic and corporate in name and in fact, by the name of the City of San Bernardino, and by that name shall have perpetual succession and may sue and defend in all courts and places and in all matters and proceedings, whatever, and all property, rights and interests of the said City shall continue and vest in and belong to said City under this Charter. It may have and use a common seal and alter it at pleasure; may purchase, receive and hold real and personal property within and without the City limits; may sell and dispose of the same for the common benefit; receive bequests and donations of all kinds of property in trust for charitable or other purposes and do all acts necessary to carry out the purposes of such bequests and donations, with power to manage, sell or otherwise dispose of the same in accordance with the terms of the bequest or donation.
The City of San Bernardino may make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter, and in respect to other matters it shall be subject to general laws.
As amended by special election held on April 11, 1921.) Wilson v. City (1960) 186 Cal. App.2d 603, 605;
Scott v. Common Council (1996) 44 Cal. App.4th 684, 695; City Attorney Opinion No. 90-18) Section 2. Boundaries - Jurisdiction
The boundaries of the City of San Bernardino shall be as follows: Commencing at the southeast corner of block seven of the Rancho San Bernardino, at the intersection of the center lines of Mill Street and Waterman Avenue, and running thence north along said center line of Waterman Avenue, and along the east boundary of said block seven, and of blocks six, five, four, three, two, one andthirty-two of said Rancho, to the northeast corner of lot one of said block thirty-two; thence west along the north boundary of said lot one and of lot fourteen of said block thirty-two, and the north line of lots one and fourteen of block thirty-three, lots one and fourteen of block thirty-four, lots one and fourteen of block thirty-five, lots one andfourteen of blockthirty- six, lots three and six of block fifty- Rev. October 2016]
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three, and lots three and six of block fifty- nine, to the northwest corner of saidlot six of block fifty- nine; thence south along westline oflots six and five of saidblock fifty- nine, to the southwest corner of said lot five of block fifty- nine; thence eastalong the southline of said lot five to the intersection ofthe westline oflot twenty-four of blocktwenty- one with the north line of Base Line Street; thence south along the west line of lots twenty-four and seven in said block twenty-one, lots twenty-four and seven of block twenty-two, lots twenty-four and seven of block twenty-three, lots twenty-four and seven of block twenty- four, and lots twenty-four and seven in block twenty-five, to the southwest corner of said lot seven of block twenty-five, atthe intersection of said westline withthe northline of First Street; thence east along the south line of said block twenty-five and along said north line of First Street to the northwest corner of lot eight in block sixty-six, at the intersection of the west line of said lot eight with the said north line of First Street; thence south along the west line of lots eight and one of block sixty-six, to the southwest corner of said lot one of block sixty-six, at the intersection of said west line with the center line of Mill Street; thence east along the center line of said Mill Street and along the southline of blocks sixty-six, fourteen, thirteen, twelve, eleven, ten, nine, eight and seven, to the southeast corner of said block seven at the place of beginning; all being in and of the Rancho San Bernardino, according to the plan of survey of said Rancho, of record in the office ofthe County Recorder of said San Bernardino County.
The jurisdiction of said city, for all purposes of ownership, control, protection, management and maintenance, shall extend to and embrace all that parcel of land about two and one-half miles northwest of the courthouse in the City of San Bernardino, consisting of ten acres, more or less, and known as the "City Reservoir Tract," and that other parcel of land of about twenty-two acres about one-half mile east of the city limits known as the "Job Antil Tract," and such jurisdiction shall also extend to any other real property that may hereafter be acquired by said City of San Bernardino.
Section 3. Time and Change of Boundaries
The Mayor and Common Council by ordinance shall divide the area of the City into seven (7) wards of approximately equal population and thereafter shall periodically change the boundaries of the wards to maintain them in compact form and as nearly equal in population as possible, provided that such changes shall not be made more than once in any two (2) year period nor within ninety (90) days of any general municipal election.
As amended by election held June 7, 1966)
Rev. October 2016]
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ARTICLE II
ELECTIVE OFFICERS AND ELECTIONS
Section 10. Primary and General Election
A primary election shall be held in said City on the first Tuesday afterthe first Monday in March of each odd numbered year, for the nomination of candidates to be elected at the ensuing general election, and a general election shall be held in said City on the first Tuesday in May of each odd numbered year, for the election of City officers. Beginning with the primary election in 1995, and thereafter a primary election shall be held in said City on the first Tuesday afterthe first Mondayin Novemberin each odd numbered year for the nomination of candidates to be elected at the ensuing general election, and a general election shall be held in said City on the first Tuesdayin February ofthe following even numbered year for the election of City Officers. Said election shall be conductedin the manner provided for by general law; provided, however, that the Mayor and Common Council shall have power, by ordinance, to provide for the manner of holding such election.
As amended by elections held June 4, 1974 and June 2, 1992) City Attorney Opinion No. 96-3; City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5) Section 10- A. Election to Office
Any candidate for any City office who at a primary election shall receive votes on a majority of all the ballots cast for candidates for the office for whichsuch candidates seek nomination, shall be elected to such office. Wheretwo or morecandidates areto be elected to a given office and a greater number of candidates receive a majoritythan the number to be elected, those candidates shall be elected who secure the highest votes of those receiving such majority, and equal in number to the number to be elected. Any officer elected shall hold office untilhis or her successoris elected and qualifies.
As added to the 1905 Charter by election held March 20, 1951; and as the 1905 Charter was amended by election held June 2, 1992) (City Attorney Opinion No. 91-5) Section 11. Provision for Elections - Returns - Certificate The Mayor and Common Council shall provide for the holding of all City elections.
On the second day after a City election, exclusive of holidays, at 1:30 p.m. the Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the City Clerk by order of the Mayor and Common Council shall meet at the City Hall, San Bernardino, California and proceed to canvass the election returns.
The previous paragraph notwithstanding, all City elections consolidated with elections conducted by the County of San Bernardino, and all City elections that are conducted pursuant to agreement with the County of San Bernardino shall follow the Rev. October 2016]
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County’s process for the conduct of such elections and the canvass of such returns.
At the next regular or adjourned regular council meeting following the completion of the canvass, the Mayor and Common Council shall declare the results of said election as certified by the City Clerk or the Registrar of Voters of the County of San Bernardino as being official.
As the 1905 Charter was amended by election held February 5, 1963) City Attorney Opinion No. 96-3)
Section 11- A. Compensation For Officers
That the Mayor and Common Council shall, regardless of the provisions of the foregoing section, fix the compensation for each inspector, judge, clerk, and other election officers.
Section 12. Approval and Filing of Bond
After the result of an election is declared, or an appointment made, the City Clerk under his/her hand and official seal shallissue a certificate therof to the personelected or appointed by delivering it to him/her personally, or by depositing it with postage pre- paid in the post office, addressedto him/her atthe Cityof San Bernardino; and withinten days thereafter such person so elected or appointed, shall file the certificate withhis/ her oath of office attached, in the office of the City Clerk. Whenan Official Bondis requiredof an officer it shall be approved and filed before entering uponthe dutiesof his/ heroffice, within twenty (20) days after the certificate of electionis issued to him/her.
Section 13. Officers Elected
There shall be elected at the general election in 1998, and every fourth year thereafter three members of the Common Council, one each from the First, Second and Fourth Wards, who shall have been qualified electors andresidents oftheir respective wardsfor a period of at least thirty (30) consecutive days next preceding the date of filing oftheir nomination papers for the office and whoshall be elected bythe qualified electors of their respective wards for terms of four years commencing on the first Mondayin Marchnext succeeding their elections.
As the 1905 Charter was amended by elections
held June 4, 1974, November 2, 1976, and June 2, 1992) (City Attorney Opinion No. 97-2) Rev. October 2016]
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Section 14. Officers and Terms
There shall be elected at its general election in 1996 and every fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, Sixth and Seventh Wards, who shall have been qualified electors andresidents oftheir respective wards for at least thirty (30) consecutive days next preceding the date of filing oftheir nomination papers for the office and who shall be elected bythe qualified electors of their respective wards, a City Attorney, City Clerk and City Treasurer elected at large who shall hold office for terms offour yearsfrom and afterthe first Mondayin Marchand next succeeding their elections.
There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor who shall be elected at large for a term of four years commencing on the first Monday in March next succeeding such election.
As the 1905 Charter was amended by election held June 4, 1974, November 2, 1976, and June 2, 1992) (City Attorney Opinion No. 97-2; City Attorney Opinion No. 96-3; City Attorney Opinion No. 90-31; City Attorney Opinion No. 88-10) Section 14- A. Vacancy on Council
A vacancy on the Common Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Council Member by the qualified electors ofthe wardin whichthe vacancy has occurred. Such Council Member shall have been a qualified elector andresident ofthe wardfor atleast thirty ( 30) consecutive days next preceding the date of filing of nomination papersfor the office.
Said election shall be held at the time established by the Mayor and Common Council and shall be conducted in the manner provided for by general law; provided that the Mayor and Common Council shall have power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law.
As added to the 1905 Charter by election held on April 12, 1955 and as the 1905 Charter was amended by elections held February 2, 1971, and March 6, 1979) City Attorney Opinion No. 96-3)
Section 14- B. Consolidated General Election
Notwithstanding any other section of this Charter, whenever a County-wide election is scheduled to be held within sixty (60) days after the date which a City general election would otherwise be held pursuant to this Charter, the City shall consolidate the City general election with the County-wide election. In the event said consolidated general election causes the successful candidate to be qualified to take office after the expirationof the Rev. October 2016]
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term of the incumbent, the term of said incumbent shall be extended until said successor qualifies andtakes office, or untilthe incumbent qualifies andtakes office in the eventof re-election. Any such successful candidate elected in said consolidated general election shall take office atthe first Council meetingof the monthfollowing the monthin whichthe consolidated general election is held.
As added by election held on November 2, 1999)
Section 15. Vacancies
An office becomes vacant whenthe incumbent thereof dies, resigns, is adjudged insane, convicted of a felony or of any major offense involving a violation of his/her official duties, or is removed from office, or ceases, in the case of a Council Memberto be a resident of his/her ward, or, in the case of any other elected official to be aresident ofthe City, or refuses after notice from the Mayor and Common Council to qualify by taking the oath of office and filing his/ herofficial bond.
As the 1905 Charter was amended by election held November 2, 1976) City Attorney Opinion No. 96-3)
Section 16. Military Leave of Absence
Anything in this Charter to the contrary notwithstanding, all employees or officers, excepting elective officers, whohave heretofore or shall hereafter enterthe armedforces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to a leave of absence during such service in accordance with applicable State and Federal laws, and for a period of ninety 90) days thereafter. Every such employee or officer returning to the City withinthe time herein specified, and who has been honorably dischargedfrom such services, shall be reinstated without loss of status or seniority, provided he/she is still qualified for such office or position. If the office or position nolonger exists, or the employeeor officer is no longer qualified for his/herformer position, he/she hasthe right to return to a positionto which he/she meets the qualifications atthe same compensation, status and seniority.
All persons appointed to fill such positions during war or national emergency shall be temporary appointees only.
As the 1905 Charter was amended by election held November 3, 1942) Rev. October 2016]
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Bonds and Salaries
Section 20. Approval of Bonds
Officers ofthe City, before entering uponthe discharge oftheir official duties, shall execute to said City such Official Bond as maybe required bylaw, ordinance or this Charter. When the amount of any bond is not fixed bylaw, ordinance orthis Charter, and power to fix sameis not herein conferred upon any board or officer, it maybe fixed by ordinance. All bonds shall be approved by the authorized designee of the Mayor and Common Council and filed withthe City Clerk, and shall berecorded bythe City Clerk in a book entitled "Official Bonds" and keptfor that purpose, exceptthe Bond ofthe City Clerk, which shall be filed withthe Mayor, after being sorecorded. The approval of every Official Bond mustbe endorsedthereon and signed bythe officers approvingthe same after the examination of the surety.
Section 21. City Officials as Surety - Form - Liability - Bond of Surety Company City Officers shall not be accepted as suretyfor each other on Official Bonds. Every Bond shall be in form joint and several and made payable to the City of San Bernardino, and contain a condition that the principal will faithfully perform all official duties that may be imposed upon or required of him/her by law or ordinance, and that at the expiration of his/her term of office he/she willsurrenderto his/her successor all property, books, papers and documents that may come into his/her possession as such officer.
Said Bond must be executed by two or more sureties, but when the amount of the bond is more than five thousand dollars ($5,000.00), the sureties maybecome severally liable for a portion of not less than twenty-five hundred ($ 2,500.00), whenthere are more than two sureties, said sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. But the Mayor and Common Council may require the Treasurer to give a Surety Company Bond in which case the expense of such bond shall be borne by the City, and may accept and approve of a Surety Company Bond for any officer withoutother surety.
Section 22 of the 1905 Charter was repealed by election held on March 6, 1979) Section 23. Additional bond - Vacancy
When an Official Bondis required of an officer, the Mayorand Common Council may require an additional bond if, in their opinion, the original bond or any surety becomes insufficient. If such additional bond be not givenin thirty ( 30) days, the Mayorand Common Council must declare the office vacant andthereupon it shall become vacant.
Rev. October 2016]
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Section 24. Salary of Mayor
The Office of Mayorshall be afull time position andthe incumbent shall not engage in any business, professional or occupational activities which interfere with the discharge of the duties of such office. Effective January 1, 2003, the annual salary ofthe Mayor shall be set at fifty percent (50%) ofthe salaryfor a Superior CourtJudge, Countyof San Bernardino, State of California, as of July 1, 2002, and shall thereafter be adjusted and implemented January 1 of each subsequent year at the same fifty percent (50%) figure of the salary for said Superior Court Judge then in effect on said January 1 date.
As amended by elections held November 5, 2002, June 4, 1974, and March 6, 1979) City Attorney Opinion No. 96-3; City Attorney Opinion No. 92-10; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10)
Section 24- A. Salary of Council
The Council Members shall each receive an annual salary of six hundred dollars 600.00), payable monthly.
As the 1905 Charter was amended by special election held on March 15, 1937) City Attorney Opinion No. 96-3)
Section 24- B. Salary of City Clerk
That the salary to be received by the City Clerk shall be fixed bythe Mayorandthe Common Council.
As amended by special election held on March 15, 1937)
Section 24 C of the 1905 Charter was repealed by election held on April 12, 1955.)
Section 24 D of the 1905 Charter was repealed by election held on February 6, 1973)
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ARTICLE III
LEGISLATIVE DEPARTMENT - THE COMMON COUNCIL
Section 30. Legislative Power
The legislative power of the City is hereby vested in the Common Council consisting of seven members, four of whom shall constitute a quorum, but a less number may adjourn from time to time, or compel the attendance of other members. No order, except to adjourn for lack of quorum, or to compel the attendance of a quorum, and no ordinance or resolution shall be valid unless it receives the affirmative vote offour Council Members, or, in the event of a tie vote by the Council Members present, if it receives the affirmative vote of three Council Members and the Mayor.
As the 1905 Charter was amended by election held on June 7, 1966) Scott v. Common Council (1996) 44 Cal. App.4th 684, 696, ftnt. 8; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33) Section 31. Ordinances - Adoption - Emergency and Urgency Except for emergency or urgency ordinances, no ordinance may be adopted by the Common Council on the day of its introduction, nor within five ( 5) daysthereafter, nor except at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution it shall be read in full unless, except for its title, the reading thereof is waived by unanimous consent of all Council Members present. If an ordinance is altered after its introduction (except for correction of typographical or clerical errors), it shall not be adopted except at a regular or adjourned regular meeting held not less than five ( 5) days after the date of such alteration. Ordinances and codes may be adopted by reference in accordance with general law.
Emergency or urgency ordinances and each resolution may be adopted on the day of introduction and may take effect upon adoption; provided, however, that this section is not intended, nor shall it be deemed to affect the method of adopting special ordinances and resolutions as required by municipal improvement act, laws relating to elections, taxation, and annexations, or other provisions of law prescribing the time, form and manner for the adoption of ordinances and resolutions of special cases.
No order, resolution or ordinance shall have effect without approval of the Mayor, except when five ( 5) membersofthe Common Council concurin its adoption. In case of orders, the approval of the Mayor shall be presumed unless at the same meeting at which the order is passed, the Mayor causes his/her disapproval, with his/her reasons therefore, to be spread upon the minutes. All resolutions and ordinances after passage must be submitted to the Mayor who shall, within five ( 5) days after he/she hasreceived Rev. October 2016]
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the same, endorse his/her approval or disapproval thereon, giving the reasons for his/ her disapproval. Each ordinance or resolution to be valid must be passed by a vote of not less than four (4) Council Members and approval by the Mayor, provided that if the Mayor fails to approve the same it may be passed by a vote of not less than five ( 5) Council Members, and shall take effect as if approved by the Mayor.
As the 1905 Charter was amended by election held June 7, 1966) Castaneda v. Holcomb (1981) 114 Cal. App.3d 939, 941-946; City Attorney Opinion No. 96-10; City Attorney Opinion No. 96-7; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-7) Section 32. Ordinances - Enacting Clause
The enacting clause of all ordinances shall be: "The Mayor and Common Council of the City of San Bernardino do ordain as follows."
Section 33. Ordinances - Publication
After the passage of each ordinance, and at all times thereafter, the City Clerk shall maintain on file and opento publicinspection a certified copy of the full text of the ordinance. Within fifteen ( 15) days afterthe passage of each ordinance, it shall be published by the City Clerk once in a newspaper of general circulation published and circulated in the City with the names of the members of the Common Council voting for and against the ordinance and the name of the Mayor approving or disapproving the ordinance. The publication of the ordinance may be satisfied bythe publication ofthe entire ordinance or by the publication of a summary of the ordinance, the number and title of the ordinance, and the names of the members of the Common Council voting for and against the ordinance and the name of the Mayor approving or disapproving the ordinance. Such summary shall be prepared by the City Clerk, or other official designated by the Mayor and Common Council, and approved by the City Attorney. The publication shall include a statement that the full text of the ordinance is available for inspection in the office ofthe City Clerk. The Mayorand Common Council maydirectthe publication ofthe entire ordinance in special cases. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but such ordinances shall be posted by the City Clerk in at least three public places in the City within fifteen ( 15) days after passage ofthe ordinances. Except as otherwise provided in this Charter, an ordinance shall not take effect or be valid unless it is published in substantially the manner and at the time required herein.
As the 1905 Charter was amended by elections held February 4, 1969; and November 6, 1979) City Attorney Opinion No. 88-18)
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Section 34. Powers of Common Council - Written Charges
The Common Council shall have power to adopt rules for its own proceedings; to compel the attendance of witnesses and absent members; the production of papers in any matters under investigation; to judge of the qualification and election ofits own members; to punish any member by a fine not exceedingtwo hundred fifty dollars ($250.00) for disorderly or contemptuous behavior in its presence; and may expel a member or any city officer appointed bythe Mayorand Common Councilfor continued neglect of his/her duty, or the willful violation of any penal law, or any provision of this Charter; but in every case the member or officer accused, if holding office for a definite term shallbe entitledto have written charges presented and be heard on his/her own behalf.
The Ayes and Noes shall be taken and entered in the Journal of its proceedings at the request of any member and must be so taken and entered upon the passage of all Ordinances and Resolutions, and in matters concerning the granting of franchises, making of contracts, allowing bills, ordering work to be done, or supplies to be furnished, disposing of City property, or any act that may involve the payment of money or the incurring of a debt against the City.
Section 35. Meetings - Time of - Adjournments
All meetings of the Common Council shall be public, and the regular meetings shall be held on the first andthird Mondaysin each month, unless such days be alegal holiday, when the meeting shall be held on the following day. Adjournments may be taken from a meeting to a day certain, and in such case the adjourned meeting shall be deemed an adjourned regular meeting.
Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor Temporarily Unable to Perform Duties
The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote except in the event of a tie. In the absence of the Mayor from any Council meeting, the Common Council may choose one of their own number to preside over that meeting who shall retain the right to vote upon all questions under consideration, and shall have the same power to disapprove any order made by the Common Council, and with like effect as the Mayor would have had if present at this meeting, however, that member shall not have the ability to cast an additional vote in the event of a tie.
In case of temporary absence from the City, or sickness, or due to any other cause, the Mayor is temporarily unable to perform the duties of his/her office, the Common Council shall appoint one of their own number Mayor Pro-Tempore who shall have all powers and Rev. October 2016]
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authority which the Mayor would have possessed if personally present and attending to such duties, and such Mayor Pro-Temporeshall not lose his/her vote as Council Member, but shall not have the ability to cast an additional vote in the event of a tie.
City Attorney Opinion No. 96-10; City Attorney Opinion No. 92-25; City Attorney Opinion No. 92-10; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10)
Section 37. Council Committees
Notwithstanding any other provision(s) of this Charter, the Common Council may create such standing and ad hoc committees as it deems appropriate, to be composed entirely of Council Members and said committee members shall be appointed by the Common Council.
Section 38 to the 1905 Charter was not approved at election held June 2, 1992) Section 39. Power to Override Mayor
Any order, directive and/or decision of the Mayor made either formally or informally may be overridden, amended, revised or withdrawn by two-thirds ( 2/3) vote of the Common Council.
Added to the 1905 Charter by election held June 2, 1992 ) (City Attorney Opinion No. 96-10) Subjects of Legislation
Section 40. Powers of Mayor and Common Council
The Mayor and Common Council of the City of San Bernardino, hereafter referred to as Council, shall have the following enumerated powers. a) Purchase and Sale of Property
Council shall have power to purchase, lease, receive and hold real and personal property within or without the city limits, and to control, sell and dispose of the same for the common benefit, providedthat the procedurefor the sale ofreal property shall be established by the Council by ordinance but such sale shall not be for less than the fair market value of the property as determined by the Council, based on good and sufficient evidencein the record.
As the 1905 Charter was amended by election held on March 7, 1995) As amended by election held on March 7, 1995)
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b) Police and Sanitary Regulations
Council shall have power, subject to any pre-emptive law(s) of the State of California, to make and enforce all such local, police, sanitary and other regulations, as pertain to municipal affairs, and for this purpose may define misdemeanors committed within the city limits or on lands under the jurisdiction of the City, and provide penalties and punishment therefor.
c) Nuisances
Council shall have power to define nuisances and providefor their removal. d) License Fee
Council shall have power to license for purposes of revenue all and every kind of business, occupations, shows, exhibitions, and lawful games carried on in the City and to fix the rate oflicense fee thereon.
e) Taxes
Council shall have power to levy and collect taxes subject to State law. f) Fire Department
Council shall have power to establish and maintain a fire department, prescribe fire limits and adopt regulations for the protection of the City against fires. g) Police
Council shall have power to establish and maintain a police force. h) Overflow
Council shall have power to protect the City against overflow. i) Houses of Ill Fame
Council shall have power to prohibit and suppress lewdness and houses of ill fame and buildings or places used for lewdness, assignation or prostitution.
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j) Storage
Council shall have power to prohibit the storage of gunpowder, oils or other combustible substances in quantity.
k) Parks
Council shall have power to lay out and maintain parks.
I) Hospitals, etc.
Council shall have power to regulate hospitals, pesthouses and slaughter houses, and to provide for their removal or discontinuance.
m) Cemeteries
Council shall have power to provide cemeteries and regulate their management. n) Animal Shelter
Council shall have power to establish and regulate a public animal shelter. o) City Jail/Holding Area; Use of Inmates
Council shall have power to provide a City jail/holding area and to provide for the utilization of the services of any person(s) sentenced by the court to perform such community service as may be prescribed.
p) Sewers
Council shall have power to acquire, establish, construct, reconstruct, maintain, operate, manage, repair, improve or finance any building, system, plant, works, facilities or undertaking used for or useful in the collection, treatment or disposal of sewage and the reclamation of effluent therefrom, or storm water, including drainage.
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q) Bridges, Streets, etc.
Council shall have power to establish, build and repair bridges; to establish, lay out, alter, keep open, open, close, improve and repair streets, sidewalks, alleys, squares, and other public highways, and places within the City, and to drain, sprinkle, oil and light the same; to remove all obstructions therein; to establish the grades thereof; to grade, pave, macadamize, gravel and curb the same in whole or part, and to construct gutters, culverts, sidewalks and crosswalks thereon, or upon any part thereof; to cause to be planted, set out and cultivated shade trees therein, and generally to manage and control all such highways and places. r) Fines and Penalties
Council shall have power to impose fines, penalties andforfeitures for any and all violations or ordinances; and for any breach or violation of ordinances; to fix the penalty by fine orimprisonment, or both. The violation of anylawful ordinance made by the Mayor and Common Council shall constitute either a misdemeanor or an infraction, as determined by the Council by ordinance, and shall be prosecuted in the name of the people of the State of California.
s) Compensation and Removal of Officer
Council shall have power to appoint, confirm andremove such appointed officers and appointed full-time permanent employees, and to fix the qualifications, duties and compensations of City employees subject to the civil service provisions and other provisions of this Charter upon the recommendation of the City Manager except that the appointment and removal of the City Manager, Acting City Manager, Chief of Police and Chief of the Fire Department shall only be acted upon in response to the Mayor’s nomination in instances of appointments and the Mayor’s recommendation in instances of removal(s). The Council may not, however, remove officers appointedfor a definite term, nor deputies, assistants, clerks, andattachés holding office atthe pleasure of an elective officer, nor maythe Councilremove employees of a City Manager-directed department except the Council may give consent to such removal as provided in Section 102(b) herein. Other provisions of this Charter notwithstanding, a Mayor Pro Tempore, acting as the Mayor shall not remove, discharge or recommend the removal or discharge of the City Manager, Acting City Manager, Chief of Police or Chief of the Fire Department unless, and until, said Mayor Pro Tempore, acting as the Mayor shall have been acting as Mayor for a period of not less than sixty (60) consecutive days prior to said removal or discharge, or prior to making a recommendation to remove or discharge. The authority of a Mayor Pro Tempore, while acting as Mayor, to suspend for cause is not limited by the preceding sentence.
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t) Public Utilities
Council shall have power to contract for supplying the City water for municipal purposes, or to acquire, construct, repair and manage pumps, aqueducts, reservoirs or other works necessary or proper for supplying water for the use of such City or its inhabitants, or for irrigating purposes therein, subject to the powers and supervision of the Board of Water Commissioners as in this Charter provided. u) Public Works
Council shall have power to acquire, own, construct, maintain and operate street railways, telephone and telegraph lines, gas, electrical and other works for light, power and heat, and to supply such light, power and heat to the municipality and the inhabitants thereof; and to acquire, own and maintain public libraries, museums, gymnasiums, parks and baths.
v) Permit for Construction in Proximity to City Streets Council shall have power to permit, under such restrictions, as they may deem proper, the laying of railroad tracks and the construction and operation of street railways and the running of cars drawn by steam, electricity or other power thereon; and the laying of gas and water pipes in the public streets; and the construction and maintenance of telephone and telegraph lines therein.
w) Schools
Council shall have power to maintain public schools.
x) Duties Not Defined
Council shall have power to prescribe by ordinance the duties of all officers whose duties are not defined bythis Charter, andto prescribefor any officer, dutiesother than herein prescribed.
y) Animal Licensing Fee
Council shall have power to impose and collect an annual license fee on any canine owned or harbored within the limits of the City.
z) Make and Enforce Laws and Regulations
Council shall have power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restriction and limitations provided in this Charter or by State law.
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aa) Other Powers
Council shall have power to pass all orders, resolutions and ordinances and to do and perform any and all other acts and things necessary or proper to complete execution of the powers vested by law or this Charter, or inherent in the municipality, or that may be necessary or proper for the general welfare of the City or its inhabitants.
As the 1905 Charter was amended by elections held
February 6, 1973, November 7, 1989, and November 7, 1995) In Re Pedrosian (1932) 124 Cal. App. 692, 695 regarding (c) and (z) above) City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-26; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-21; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-21; City Attorney Opinion No. 89-18; City Attorney Opinion No. 89-15; City Attorney Opinion No. 89-11; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-10) Section 41. System for Assessment, Levy, and Collection of Taxes The Mayor and Common Council shall have power, and it shall be their duty, to provide by ordinance a system for the assessment, levy and collection of all City taxes, which system shall conform as nearly as the circumstances of the case may permit, to the provisions of the laws of this State in reference to assessment, levy and collection of State and County taxes, except as to the time for such assessment, levy and collection, and except as to the officers by whomsuch duties areto be performed.
All taxes assessed together with any percentage imposed for delinquency, and the cost of collection, shall constitute liens on the property assessed, from and after the first Monday in March in each year, which liens may be enforced by a summary sale of such property and the execution and delivery of all necessary certificates and deedstherefor, and such regulations as may be prescribed by ordinance, or by action in any court of competent jurisdiction to foreclose such lien; provided that any property sold for such taxes shall be subject to redemption within the time and in the manner provided, or that may thereafter be provided by law for the redemption of property sold for State or County taxes. All deeds made upon any sale of property for taxes, or special assessment under the provisions of this Charter shall have the same force and effect in evidence as is, or may hereafter be provided by law for deeds for property sold for nonpayment of State or County taxes. The maximum rate of taxation shall not exceed in any one (1) year one dollar and thirty-five cents ($ 1.35) upon each hundred dollars 100.00) of valuation or property assessed exclusive of the amount necessary to pay the principal of and interest on the bonded indebtedness of the City.
As the 1905 Charter was amended by special election held June 5, 1956) Rev. October 2016]
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Section 42 of the 1905 Charter repealed by election held March 6, 1979) Section 45 of the 1905 Charter repealed by election held March 6, 1979)
ARTICLE IV
ELECTED MUNICIPAL OFFICERS
Mayor
Section 50. Chief Executive Officer
The Mayor shall be the Chief Executive Officer, and chief spokesperson, ofthe City of San Bernardino and a citizen of the State of California who shall be at least thirty years of age and a resident and qualified elector ofthe Cityfor a period of atleast thirty 30) consecutive days next preceding the date of filing nomination papersfor the office.
The Mayor shall vigilantly observe the official conduct of all public officers, andtake notice of the fidelity and exactitude, orthe wantthereof, with whichthey executetheir duties and obligations, especially in the collection, administration and disbursement of public funds and property. The books, records and official papers of all departments, boards, officers and personsin the employ or service ofthe City shall, at alltimes be opento all persons for inspection and examination. Any defamation or willful neglect of duty or official misconductwhich maybereported or discovered bythe Mayorshall belaid before the Common Council in order that public interests may be protected and the person in default proceeded against according to law. The Mayor shall, from time to time, give the Common Council information in writing relative to the state of the City's municipal affairs and business, and shall recommend such measures as may be deemed beneficial.
The Mayor shall have the books and records of all public departments, pertaining to the finances ofthe City, experted by a competent person atleast oncein every year. Any person refusing tosubmit to, orpermit such examination, or purposely delaying, or impeding the same, may be suspended from office bythe Mayorandremoved for malfeasanceby the Mayor and Common Council. The Mayor shall have general supervision over all the departments and public institutions of the City. The Mayor shall take all proper measures for the preservation of public order and suppression of all riots and tumults.
City Attorney Opinion No. 97-2; City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33; City Attorney Opinion No. 88-13; City Attorney Opinion No. 12; City Attorney Opinion No. 88-10) Rev. October 2016]
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Section 51. Appointments and Vacancies
The Mayor, with the consent and approval of the Common Council, shall appoint all officers, and all membersofjoint powers authorities, committees, and commissions, regardless of whether they are local, county, regional, state or otherwise, except those appointments made by the City Manager or by elected officials pursuantto this Charter, and except any other appointments for which this Charter expressly provides otherwise, and shall fill all vacanciesin an elective office nototherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shallthe officer hold beyondthe next general municipalelection at which time an election shall be held for that office so vacatedto fill the unexpiredterm. In case of a vacancy in the office of Mayor, the vacancy shall be filled bythe Common Council by a majority vote, and the appointee shall be a person meeting all of the requirements for the office of Mayorfound in Section50, and said person shall hold office for the unexpired term. In filling a vacancyin the office of Mayor, andin the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes.
As the 1905 Charter was amended by special election held on June 3, 1958) City Attorney Opinion No. 96-10; City Attorney Opinion 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 91-33; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-12; City Attorney Opinion No. 88-10)
Section 52. Supervision by Mayor
The Mayor shall have the general supervision of the City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department, and of all elected officers, except Council Members. The Mayor shall have the authority to suspend and discharge, for cause, the City Manager and/or the Acting City Manager subject to the laws of the State of California.
City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-10; City Attorney Opinion No. 92-8; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City Attorney Opinion No. 88-13; City Attorney Opinion No. 12; City Attorney Opinion No. 88-10)
Section 53 of the 1905 Charter repealed by election held on June 7, 1966) Rev. October 2016]
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City Attorney
Section 55. Position - Duties - Salary
a) The office of City Attorneyshall be afull-time position, andthe incumbent shall not engage in private practice.
b) To be eligible to hold the office of City Attorney, the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five ( 5) years prior to his/her election or appointment, and shall have been a resident and elector of the City for a period of at least thirty (30) consecutive days next preceding the appointment or the filing of nomination papersfor electionto the office. c) In the event a vacancy shall occur in the office of City Attorney during his/herterm, such vacancy shall be filled by appointment bythe Mayorand Common Council, which appointment shall be valid until the next general municipal election, at which time a City Attorney shall be elected for the remainder of any unexpired term, or for a full term in accordance with Article II of this Charter. d) The City Attorney shall be the chief legal officer ofthe City; he or she shallrepresent and advise the Mayor and Common Council and all City officers in all mattersoflaw pertaining to their offices; he or she shallrepresent and appearfor the Cityin alllegal actions brought by or against the City, and prosecute violations of City ordinances, and may prosecute violations of State law which are misdemeanors or infractions and for which the City Attorney is specifically grantedthe power of enforcement by State law without approval of the District Attorney, or those violations which are drug or vice related; he or she shall also act and appear as attorney for any City officer or employee whois a partyto anylegal actionin his or her official capacity; he or she shall attend meetings of the City Council, draft proposed ordinances and resolutions, give his or her advice or opinion in writing when requested to do so in writing by the Mayor or Common Council or other City official upon any matter pertaining to Municipal affairs; and otherwise to do and perform all services incident to his or her position and required by statute, this Charter or general law. e) The salary of the City Attorney shall be fixed bythe Mayorand Common Council, but shall not be less than seventy-five hundred dollars ($7,500.00) per annum. He/ She shall be provided with office space and equipment, and clerical help bythe City.
Section 55(b) as the 1905 Charter was amended by election held on November 2, 1976; Section 55(c) as the 1905 Charter was amended by election held on April 12, 1955; Section 55(d) as the 1905 Charter was amended by elections held April 13, 1971 and November 8, 1988)
Scott v. Common Council (1996) 44 Cal. App.4th 684, 686, 696, regarding Section 55 (d)) City Attorney Opinion No. 96-3; City Attorney Opinion No. 89-11; City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36) Rev. October 2016]
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City Clerk
Section 60. Duties
The duties of the City Clerk shall be to keep the corporate seal and all books, papers, records and other documents belonging to his/her office, attend all meetingsofthe Mayor and Common Council and keep a journal of the proceedings. He/She shall have full power and authority to take all affidavits and administer all oaths necessaryin the transaction of city business, but shall make no charge therefor. His/Her official books andrecords shall be kept properly indexed and be open to public inspection during office hours. He/She shall number and keep a record of all demands allowed and certified to him/her, showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund out of which the same is payable. He/She shall issue all licenses and countersign all warrants on the City Treasury, except warrants of the boards, and shall do and perform all other acts required of him/her by this Charter, or by ordinance, or which may be required of him/her by the Mayor and Common Council.
As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 90-31)
City Assessor
Section 65 of the 1905 Charter repealed by election held on February 6, 1973) Treasurer
Section 70. Duties
The Treasurer shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures, under such rules and regulations as may be prescribed. He/She shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and shall perform all duties required of him/her by law and the Mayor and the Common Council. He/She shall not pay out any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this Charter.
Scott v. Common Council (1996) 44 Cal. App.4th 684, 696) Rev. October 2016]
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Section 90. Veto Power of Mayor in Community Development Commission When pursuant to state law the Mayor and Common Council have designated themselves as the Community Development Commission of the City, the Mayor shall have the power of veto of all orders and resolutions of the Commission, in the same manner as he or she has as Mayor of the City, subject to the power of the Commission to override the veto, in the same manner as the Council has in the City.
As added to the 1905 Charter by election held November 5, 1996)
ARTICLE V
CITY MANAGER
Section 100. Selection and Qualifications
The Mayor shall appoint, subject to confirmation bythe Common Council, a City Manager who shall be the chief administrative officer ofthe City. The City Managershall be responsible for the administration of all City departments except the Offices ofthe Mayor, City Attorney, City Clerk, City Treasurer, the Water Department, the Free Public Library and the Civil Service System. Said City Manager shall be at least 30 years of age and shall be a resident of the City or shall become a resident of the City within 180 days of assuming office. Said City Managershall have received, from an accredited college or university, a masters degree in public administration, business administration, or an equivalent degree in a related field, or a higher degree, and said City Managershall have served as a City Manager, or as a City Administrator, or Chief Executive Officer of a county, or as an Assistant City Manager, City Administrator, or Chief Executive Officer of a county for a minimum of three years. The Mayor shall appoint the person deemed best qualified onthe basis of executive and administrative capabilities, giving preference to candidates with management experience, and knowledge of accepted practices with respect to the duties of the office as setforth in this Charter.
Section 101. Assistant City Manager
The City Manager shall have the power to appoint, with the confirmation ofthe Mayor and Common Council, an Assistant City Manager, who shall be empowered to perform all duties of the City Manager in the event of the absence or disability of the City Manager and such other duties as the City Manager shall direct. The Assistant Manager shall serve at the pleasure of the City Manager.
Rev. October 2016]
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Section 102. Authority and Duties of the City Manager
The City Manager shall have the following authority and duties:
a) Todirect and exercise immediate supervision over the administration of all Manager- directed departments of the City;
b) To appoint, subject to section 40(s) of this charter; exercise immediate supervision over, suspend, and remove, all City employees of all Manager-directed departments of the City in both the classified and unclassified service; except that for the classified service, such powers shall be pursuantto the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances, and except that the removal of such employees in the unclassified serviceis subject to the consent of the Mayor and Common Council; and to appoint any temporary, part-time employees of all Manager-directed departments of the City; c) To ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are enforced and executed;
d) To attend all meetings of the Mayor and Common Council or council committee meetings, and to have the right to participate in the discussion without vote; e) To prepare and submit the annual budget and to keep the Mayor and/or the Mayor and Common Council fully advised as to the financial condition and needs ofthe City, including the filing of annual andinterim financial reports; f) To submit such reports as the Mayor and/or the Mayor and Common Council may require concerning the operations of Manager-directed departments, and to recommend to the Mayor and Common Council the adoption of measures deemed advisable;
g) To perform such other duties as are specified in the Charter, bylaw orrequired by the Mayor and/or the Mayor and Common Council;
h) To confer regularly with the Mayor, to implement the policies of the Mayor and Common Council as directed by the Mayor and to keep the Mayor informed of any issues, events and controversies that may arise; to be responsible for the implementation of the Mayor’s policy directives and to ensure that those directives are acted upon by all supervisors and employees in the Manager-directed departments of the City;
Rev. October 2016]
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i) To confer regularly with the City Attorney on legal issues; to immediately notify the City Attorney of any important legal issues or difficulties that arise; to obtainthe legal advice of the CityAttorney, and to carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office ofthe City Attorney, has authorityto issue ordersto the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct;
j) Toconfer regularly with the City Treasurer on financial issues, to obtainthe financial advice of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed of all financial mattersandto immediately notifythe City Treasurer of any important financial issues or difficulties that arise.
Section 103. Vacancy
Whenever a vacancy occurs in the office of the City Manager, the Mayor shall proceed immediately to appoint a City Manager, subject to confirmation bythe Common Council. Until a City Manager is appointed and has assumed the duties of the office, the Assistant City Manager shall be designated as Acting City Manager. He/She shall perform all of the duties of City Manager and be vested with all the powers of City Manager as set forth in this Charter. The Assistant City Manager shall continue in the position of Acting City Manager, subject to the Mayor’s authority to remove the Acting City Manager, until a new City Manager has been appointed and has assumed the duties of that office.
Section 104. Mayor and Common Council' s Authority Over the City Manager and Other City Employees
Neither the Mayor nor any member of the Common Council, nor any other elected City official, northe Common Council, nor any ofits committees or membersshall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager, from exercising judgment in the appointment of officers and employeesin the administrative service. Neither the Mayor, Common Council Members, employees of the Common Council, nor employees of the Office ofthe Mayor, shall give ordersto any of the subordinates of the City Manager, either publicly or privately.
Rev. October 2016]
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Section 105. Non- Eligibility of Elected Officials
No person who held any elected office in the City, between June 1, 1987, andthe effective date of this Charter, regardless of how long any such person held any such elected office, may be employed as City Manager until eight years passes from the effective date of this Charter, and no person who holds any elected office on or afterthe effective date of this Charter may be employed as City Manager until eight years passes after such person leaves said elected office.
ARTICLE V
JUDICIAL DEPARTMENT
Article V of the 1905 Charter, Judicial Department, repealed by election held February 6, 1973)
ARTICLE VI
RESERVED
Article VI of the 1905 Charter, repealed by election held February 06, 1973)
ARTICLE VII
INITIATIVE, REFERENDUM AND RECALL
Section 120. The Initiative
Any proposed ordinance may be submitted to the Common Council by a petition signed by qualified andregistered electors ofthe Cityequalin numberto the percentage hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as mayberequired bythe registrationlaw. Oneofthe signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed.
Within ten days from the date of filing such petition, the City Clerk shall examine and from the great register ascertain whether, or not, said petition is signed by the requisite number of qualified electors andif necessary, the Councilshall allow him/her extra help for that purpose, and he/she shall attach to said petition his/her certificate showingthe results of said examination. If, by the Clerk's certificate, the number of signatures onthe petition is shown to be insufficient, it shall bereturned forthwith bythe Clerkto the filer( s) thereof who shall have an additional ten (10) days from the date the petition is returned to them by the Clerk, to obtain the required number of signatures. The Clerk shall, within Rev. October 2016]
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ten (10) days after such additional ten (10) day period to obtain additional signatures, make like examination of said petition, and if his/her certificate shall showthe sameto be insufficient, it shall bereturned to the person filing same, without prejudice, however, to the filing of a new petitionto the same effect. If the petition shall befound to be sufficient the Clerk shall submit the same to the Council without delay.
If the petition accompanying the proposed ordinance be signed by electors equal in number to thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at which a Mayor was elected, and contains a request that said ordinance be submitted forthwith to a vote of the people at a special, or general municipal election, then the Council shall either:
a) Pass such ordinance without alteration within twenty (20) days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition ( subject to referendary vote), and if the ordinance shall be passed by the Council, but shall be vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within five ( 5) days after determination that said ordinance shall have so failed of final adoption, the Councilshall proceedto call a special election at which said ordinance without alteration, shall be submitted to a vote of the people; or, b) Forthwith after the Clerk shall attach to the petition accompanying such Ordinance his/her certificate of sufficiency, the Councilshallproceed to calla specialelection at which said ordinance, without alteration, shall be submitted to a vote of the people.
The ballots used when voting upon said proposed ordinance shall contain the words, For the Ordinance," (stating the general nature of the proposed ordinance) and "Against the Ordinance," (stating the general nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall votein favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City; and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people obtained in like manner.
Any number of proposed ordinances may be voted upon at the same election. In accordance with the provisions of this section; provided that there shall not be held under this section of the Charter more than one special election in any period of twelve months.
Effective March 16, 2005)
Section 121. The Referendum
No ordinance passed by the Common Council ( except when otherwise required by the general laws of the State, or by the provisions of this Charter, respecting street improvements and except an ordinance for the immediate preservation of the public peace, health, or safety, which contains a statement of its urgency, and is passed by a two-thirds (2/3) vote of the Council, but no grant of any franchise shall be construed Rev. October 2016]
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to be an urgency matter, but all franchises shall be subject to the referendary vote herein provided) shall go into effect before thirty ( 30) days from the time of its final passage and its approval by the Mayor; and if during said thirty days a petition signed by electors of the City equal in number to at least thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at which time a Mayor was elected, protesting against the passage of such ordinance, be presented to the Council, the same shall thereupon be suspended from going into operation, and it shall be the duty of the Council to reconsider such ordinance, and if the same is not entirely repealed, the Council shall submit the ordinance proposed to the vote of the electors of the City either at the next general municipal election or at a special municipal election to be called for that purpose, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting onthe same, shall vote in favor thereof. Said petition shall be in all respects in accordance with the provisions of the first section of this article ( The Initiative) and shall be examined and certified bythe Clerkin allrespects astherein provided.
City Attorney Opinion No. 96-7; City Attorney Opinion No. 96-4) Section 122. The Recall
Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed by the service, filing and publication of a notice ofintention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, atthe time of commencement, the holder has held office for atleast ninety days and norecall petition has been filed against such holder withinthe preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than fifteen percent (15%) ofthe voters ofthe City, or in the case of a City Council Member elected by ward twenty-five percent (25%) ofthe voters of that ward, according to the County Clerk's last official report ofregistration to the Secretary of State. No signature may be affixed to the petition untilthe proponents have served, filed and published a notice ofintention to circulate arecall petition, containing the name of the officer soughtto berecalled andthe title of his/her office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice ofintention shall be served, personally or by certified mail, onthe officer soughtto berecalled, and a copy thereof with a certificate ofthe time and mannerof service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing ofthe notice ofintention, the officer soughtto berecalled mayfile with the City Clerk an answerin not morethan 500 words to the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one ofthe proponents namedin the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer soughtto berecalled mayhavethe answer published at his/her expense. If the Rev. October 2016]
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answer is to be published the officer shall file with the City Clerk at thetime the answer is filed a statement declaring his/herintent that the answer be published. The statement and answer are intended solely for the information of the voters and no insufficiency in the form or substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Sections 6000 to 6066 of the Government Code, adjudicated as such.
Seven (7) days after the publication of the notice, statement and answer, if it is to be published, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed withinninety 90) days from the filing ofthe notice ofintention. If such petitionis not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the petition need not all be appended to one paper; but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein madearetrue, and that each signature to the paper appended, is the genuine signature of the person whose name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petitionthe City Clerkshall examine and ascertain whetheror not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall bereturned forthwith by the Clerk to the filer( s) thereof whoshall have an additionalthirty ( 30) days from the date the petition is returned to them by the Clerk to obtain the required number of signatures. The City Clerk shall, within thirty (30) days after such additional thirty (30) day period to obtain additional signatures, make like examination of said petition, and, if his/her certificate shall showthe sameto beinsufficient it shall be voidfor all purposes.
If the petition shall be found to be sufficient, the City Clerkshall submitthe sameto the Council without delay and the Council shall thereupon order and fix a datefor holding said election, not less than fifty ( 50) days, nor morethan seventy (70) daysfrom the date ofthe City Clerk's certificate to the Councilthat a sufficient petitionis filed.
The ballots used when voting upon said proposed recall shall contain the words shall ( title of office and the name of the person against whomthe recall is filed) be recalled?" and the words "yes" and "no."
The Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections.
Qualified candidates to succeedthe person against whomthe recall is filed, shall be listed on the ballot, except that the incumbent shall not be eligible to succeed himself/ herself in any such recall election.
Rev. October 2016]
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In any such removal election, if a majority of the votes cast is for "yes" on the question of whether or not the incumbent should be recalled, the candidate receiving the highest number of votes shall be declared elected. The incumbent shall thereupon be deemed removed from the office upon qualification of his/ her successor. In case the party who received the highest number of votes should fail to qualify within ten ( 10) days after receiving notification of election, the office shall be deemed vacant. Thesuccessorof any officer soremoved shall hold office duringthe unexpiredterm of his/ herpredecessor.
Effective March 16, 2005)
As the 1905 Charter was amended by election held June 8, 1976)
ARTICLE VIII
REVENUE AND FINANCE
Section 130. Reports and Estimates
On or before the first Mondayin Junein each yearthe City Managershalltransmit to the Mayor and Common Council, accompanied with the estimates and reports of each department an estimate of the probable financial necessities of the City Government for the fiscal year, statingthe amountrequired to meetthe interest and principal on all bonded or funded indebtedness of the City, together with the amount needed for the salaries and probable wants of all the departments of the Municipal Government in detail, showing specifically the necessities of eachfund in the treasury. Such estimate shall also show what amount of income and revenue will probably be collected from fines, licenses and other sources of revenue, exclusive of taxes upon property, and what amount will probably be required to be levied and raised by taxation in order to meet the necessities of each specific fund for such fiscal year.
Scott v. Common Council (1996) 44 Cal. App.4th 684, 696; City Attorney Opinion No. 92-10) Section 131. Ordinance To Be Passed
The Mayor and Common Council on or before the first Mondayof January, 1907, and annually thereafter while any valid law exists for the assessment and collection of City taxes by officers ofthe Countyof San Bernardino, shall pass an ordinance electing to avail the City of San Bernardino of the provisions of an act entitled: "An Act to provide for the levy and Collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the State of California, except municipal corporations of the first class, andto providefor the consolidation and abolition of certain municipal offices, andto providethat their duties maybe performed by certain officers of the County, and fixing the compensationto be allowedfor such County officers for the services so rendered to such municipal corporation," approved March 27, 1895, and shall cause a certified copy of such ordinance to be filed with the Auditorof said Countyof San Rev. October 2016]
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Bernardino. If said act shall be amended, or some other law be substituted in its stead providing for the assessment and collection of City taxes by County officers, the Mayor and Common Council shall conform to the provisions of such amended act or such law in order to avail the City of the privilege of having its taxes assessed and collected by such County officers. Such ordinances shall take effectimmediately aftertheir passage and shall not be subject to "The Referendum" as hereinbefore provided.
Section 132. Ex- officio Assessor and Tax Collector
After the time of noon on the first Mondayof March, 1907, if for any causethere shall not be in force any ordinance availing the City of the privilege of having its taxes assessed and collected by the officers ofthe County, and duringthe time that there shall be no such ordinance or provision in force, the City Clerk shall be ex-officio Assessor, andthe Chief of Police shall be ex-officio Tax Collector; they shall performrespectively the duties and have all the powers prescribed by law or ordinance for Assessors and Tax Collectors.
While the City avails itself of the privilege of having its taxes assessed and collected by the County officers, the offices of City Assessor and City Tax Collector shall not exist.
The Mayor and the Common Council shall have power, by ordinance, to provide for the compensation of the City Clerk, while acting as ex-officio Assessor and ofthe Chief of Police while acting as ex-officio Tax Collectorfor such extra services. Thetaxes solevied and collected shall be apportioned by the Treasurer to the several specific funds.
Section 133. Indebtedness for Municipal Improvement
General obligation bonded indebtedness of the City for any purpose for which the City is authorized to provide or for carrying out any of the powers possessed by the City may be incurred in the manner provided by the general laws of the State of California at the time such proceedings are taken. The City shall not incur any indebtedness evidenced by general obligation bonds which shall in the aggregate exceed fifteen percent (15%) of the total assessed value for purposes of City taxation of all the taxable real and personal property in the City. The City shall not incur any bonded indebtedness constituting a general obligation of the City unless such indebtedness is authorized by the affirmative votes of not less than two-thirds (2/3) of those electors voting on the question of incurring such indebtedness at any election at which such question is submitted to the electors of the City. Notwithstanding any other provision or limit in this Charter, bonds of the City payable solely from the revenues of any revenue-producing improvement, building, system, plant works, facilities or undertaking used for or useful in (a) the producing, obtaining, conserving, treating, storing, transmitting, distributing and supplying of water for domestic use, irrigation, sanitation, industrial use, fire protection, recreation or any other public or private use, and (b) the collection, treatment or disposal of sewage, garbage, refuse waste or storm water, including drainage, may be authorized and issued in the manner provided by the general laws of the State of California at the time such proceedings are taken. The issuance of such revenue bonds must be authorized by the affirmative votes Rev. October 2016]
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of a majority of the electors voting upon the proposition of their issuance at any election at which such question is submitted to the electors of the City.
When two or more questions or propositions for the incurring of general obligation bonded debt or for the issuance of revenue bonds are submitted at the same election to the votes cast for and against each question or proposition shall be counted separately.
As the 1905 Charter was amended by special election held June 5, 1956) Section 134. Sewer Service Charges
The Mayor and Common Council shall levy charges for sewer service which, if so ordered by the Mayor and Common Council, may be collected together with or separately from charges for water service and all charges received for sewer service and all other income and receipts derived from the operations of the sewer system, including any sewage treatment and effluent reclamation works, or arisingfrom the sewer system or said works shall be paid into the Sewer Fund. Said charges shall be at least sufficient to pay the following amounts in the order set forth:
a) The necessary and reasonable maintenance and operation costs of the sewer system, including any sewage treatment and effluent reclamation works ( which include the reasonable expenses of billing and collection of service charges, management, repair and other expenses necessary to maintain and preserve the sewer system and said works in good repair and working order); b) The principal and interest on bonds issued for sewer purposes; c) Any payment specifically authorized orrequired bythe Mayorand Common Council in any ordinance or resolution providing for the issuance of said bonds.
As the 1905 Charter was amended by election held March 19, 1957) Section 135. Demands Against City
The provisions of the laws of the State of California relating to the processing of demands and claims against the municipality, the establishment and operation of funds and the transfer of revenue between funds which apply to general law cities shall be applicable to and given full force and effect in the City, provided that the Mayor and Common Council are empowered to and may, by ordinance, prescribe and provide for such matters and other matters directly related thereto and such ordinance after its adoption shall prevail over said provisions of the general law.
As amended by election held February 6, 1973)
Rev. October 2016]
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Section 136 of the 1905 Charter repealed by election held February 4, 1969) Section 137 of the 1905 Charter repealed by election held February 4, 1969) Section 138 of the 1905 Charter repealed by election held February 4, 1969) Section 139. Valid Claims
No claim for commodities furnished, or service performed, shall be valid unless prior to furnishing such commodities, or the rendition of the service, authority for the same had been given by the Common Council, the City Manager or some department of City government, having the authority so to do. No member of the Common Council, the City Manager or member of any department, and no City officer, shall have powerto create an indebtedness against the City, or to furnish the basis of a claim without said authority.
More v. City (1931) 118 Cal. App. 732, 735-737; Good v. City (1920) 49 Cal. App. 559, 560) Section 140. Advertisement For Supplies, Etc.
The purchase of any goods, equipment, materials, supplies, or other personal property, except purchases from other governments or governmental agencies or as otherwise excepted by law, shall be made in the manner prescribed by ordinance which shall provide that such purchases or contracts for purchases where the amount therefor equals or exceeds an amount fixed by such ordinance, shall be open to competitive bidding and that the procedures for such bidding shall include public advertisement therefor, and consideration of factors in the award including low bid, expertise, and such other relevant factors as may be determined by the Mayor and Common Council from time to time. The Mayor and Common Council or any board or officer advertisingfor sealed proposals hereunder shall havethe powerto reject any and all bids and readvertise at their discretion.
As amended by elections held June 4, 1974, November 6, 1979 and June 2, 1992) Cody v. City (1908) 153 Cal. 24, 26; City Attorney Opinion No. 92-19) Section 141 of the 1905 Charter repealed by election held February 6, 1973) Section 142 of the 1905 Charter repealed by election held February 6, 1973) Rev. October 2016]
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Section 143. Special Funds
There is hereby created the following specific funds, to wit: Library Fund, Sewer Fund, Water Fund, and such other funds as may be designated by ordinance or resolution duly passed by the Mayor and Common Council.
As amended by election held February 6, 1973)
Section 144 of the 1905 Charter repealed by election held February 6, 1973) Section 145 of the 1905 Charter repealed by election held February 6, 1973) Section 146. Water Fund.
Out of the Water Fund shall be paid all warrants drawn thereon duly authorized by the Board of Water Commissioners.
Section 147 of the 1905 Charter repealed by election held February 6, 1973) Section 148. Library Fund
Out of the Library Fund shall be paid all warrants drawn thereon duly authorized by the Board of Library Trustees.
Section 149. Sewer Fund
Out of the Sewer Fund shall be paid:
a) The necessary and reasonable maintenance and operation costs of the sewer system, including any sewage treatment and effluent reclamation works which include the reasonable expenses of billing and collection of sewer charges, management, repair and other expenses necessary to maintain and preserve the sewer system and said works in good repair and working order; b) The principal and interest of bonds issued for sewer purposes; c) Any payments specifically authorized or required by the Mayor and Common Council in any ordinance or resolution providing for the issuance of said bonds; d) Amounts, as the Mayor and Common Council may direct, for the payment of the costs of extensions and improvements of or additions to the sewer system and said works or for any other sewer purposes.
As the 1905 Charter was amended by election held March 19, 1957) Rev. October 2016]
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Section 150 of the 1905 Charter repealed by election held February 6, 1973) Section 151 of the 1905 Charter repealed by election held February 6, 1973) Section 152 of the 1905 Charter repealed by election held February 6, 1973) Section 153 of the 1905 Charter repealed by election held February 6, 1973)
ARTICLE IX
WATER DEPARTMENT
Section 160. Water Commissioners - Term of Office - Qualifications - Duties There is hereby created a board consisting of five members whichshall be known as the Board of Water Commissioners. Members of such board shall be appointed by the Mayor, subject to the confirmation ofthe Common Council. Theterm of office of each commissioner shall be six years; provided, however, that on or after twelve o'clock noon on the second Monday in May 1935, one member of the Board shall then be appointed for a term of six years; that on or after twelve o'clock noon on the second Monday of May, 1937, one member of such board shall be appointed for a term of two years, and one member shall be appointed for a term of six years; and thereafter, on or after twelve o'clock noon on the second Monday of May of each odd numbered year, one member of the Board shall be appointed for a term of six years; provided further that on or after twelve o'clock noon on the second Monday of May, 1971, two members of the Board shall be appointed, one for a one year term and one for a three year term, commencing on the second Monday of May, 1971; and thereafter such members shall be appointed for six year terms commencing on the second Monday of May, 1972, and of May, 1974, and for every six years thereafter. Any member of the Board may be removed at any time by the affirmative vote of five Council Members, and upon any suchremoval, the vacancy shall be filled bythe Mayor, withthe consent ofthe Common Council, for the unexpiredterm.
No person shall be eligible to appointment as a member of said Board unless he/she shall have been a qualified elector of said Cityfor the period of five ( 5) years nextpreceding the date of his/her appointment.
The Board of Water Commissioners shall perform the duties and responsibilities prescribed in this Charter and shall perform such other duties and responsibilities as are or may be prescribed or delegated by the Mayor and Common Council with the concurrence of the Board.
As the 1905 Charter was amended by election held April 13, 1971) City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8; City Attorney Opinion No. 92-20; City Attorney Opinion No. 91-33) Rev. October 2016]
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Section 161. Oath of Office
Before entering upon the duties of his/her office, each memberofthe Boardof Water Commissioners shall make and subscribe before some officer authorized bylaw to certify oaths, the same oath of office required of other Cityofficers.
City Attorney Opinion No. 94-3)
Section 162. President - Inventory of Property
The first Boardof WaterCommissionersappointed hereunder shall, withinone week after their confirmation bythe Common Council, andthereafter their successors shall biennially, meet and organize by the election of one of their number as president. And said Board shall within a reasonable time thereafter, not to exceed thirty (30) days, make an inventory of all the property of the City pertaining to the Water Department that is on hand and in use, consisting of lands, reservoirs, conduits, rights of way, pipes, pipe lines, hydrants, gates, engines, pumps, tools, wells and private water service connection, and shall estimate the value of all such property to determine the whole amount the City has invested in its water system; and shall enter said inventory, together with such estimates, in a record book to be kept by said Commission and shall therein keep a record of all property belonging to the water service of the City, afterwards acquired, together with a record and account of the disposition of any property of said department which has been, or may be sold, lost, destroyed or worn out.
City Attorney Opinion No. 94-3)
Section 163. Powers
The Board of Water Commissioners is hereby authorized and empowered:
1. To establish and collect all water rates, collect all rentals from water bearing lands and generally regulate, control, manage, renew, repair and extend the entire water system of the City;
2. To employ such persons as the necessities of the water service may require, to fix and pay out ofthe WaterFundthe compensation of any and all employeesin said water service and to require of any employee in the Water Department an adequate bond for the faithful performance of his/her duties;
3. Upon the order of and in the manner directed by the Mayor and Common Council, to generally regulate, control, manage, renew, repair and extend the City waste water treatment (sewage disposal) plants and that portion of the outfall sewer lines extending from Mill and "E" Streets to said plants, and if so ordered by the Mayor and Common Council to pay all costs and expenses in connection therewith from the Water Fund;
Rev. October 2016]
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4. To incur any indebtedness or liability not exceeding in any year the income and revenue provided for such year, subject to the debt limitation provisions of the Constitution of the State of California;
5. To make rules and regulations governing the conduct of said Board and the members thereof.
As the 1905 Charter was amended by election held June 4, 1974) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 552;
Good v. City (1920) 49 Cal. App. 559, 562;
City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8) Section 164. Sale And Use Of Water
The Board shall have power to control and order the expenditure of all money received from sale or use of water, for the defraying of expenses or maintenance and repairs and operation of the water system, and for any expenses for additions to the same; and for supplying the City with water for any and all purposes; provided that all such money shall be deposited in the treasury of the City to the credit of a fund to be known as the Water Fund, and shall be kept separate and apart from other moneys of the City, and shall only be drawn from said fund upon demands authenticated by the signature of the President and Secretary of the Board, or in the absence of the President, by the signatures of two members and the Secretary of the Board, except that the Common Council may, in its discretion, monthly transfer from the Water Fund to the General Fund not more than ten percent (10%) of the revenues of the Water Department during the preceding month, and except that the Mayor and Common Council may, in its discretion, monthly transfer from the Water Fund to the proper Bond Fund an amount of money equal to one-twelfth (1/12) of the amount which will become due and payable during the current year for interest or principal, or for interest and principal, upon any or all outstanding Water Works Bonds.
As the 1905 Charter was amended by special election held April 8, 1935) City Attorney Opinion No. 94-3)
Section 165. Receipts and Disbursements of Water Funds
Said Board shall cause to be kept in proper books provided therefor, a complete and accurate account of all the receipts and disbursements on account of said water system, and the same shall be kept open to the inspection of the public at any and all reasonable hours.
City Attorney Opinion No. 94-3)
Rev. October 2016]
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Section 166. Map Of Water System And Service
SaidBoardappointedhereundershall withinareasonabletimeaftertheirappointment, cause to be made and drafted by a competent engineer a suitable map showing the entire water system of the City; its source of supply, reservoirs, mains, gates, stop-off cocks, size of pipe, hydrants and all individual water service connections; said map to be the official mapofthe watersystem ofthe City. Andfrom time to time, asthe waterservice of the City increases, said Board shall cause to be made additional maps showing in detail the increased water service of the City.
City Attorney Opinion No. 94-3)
Section 167. Financial Condition Of Water Department, Etc.
Not less than thirty (30) days, nor more than forty (40) days, prior to the fixing of the general tax levy by the Common Council, and at any other time when required by the Common Council, said Board shall make and file withthe Clerk of said Common Council a report, showing a full detailed statement of the financial condition ofthe Water Department; together with an estimate of the needs and requirements of said department for the ensuing year and the costs thereof. And whenever required by the Common Council said Board shall make and file withthe Clerk of said Common Council, afull and detailed statement of all property of whatsoever nature or kind belonging to said Water Department.
City Attorney Opinion No. 94-3)
Section 168. City Clerk Ex- Officio Secretary
The City Clerk shall be ex-officio Secretary of said Board, and shall keep arecord of the proceedings thereof; and shall, whenever required so to do, certify such proceedings under his/her hand, the same to be authenticated by seal, if a seal is adopted and provided by said Board for that purpose.
City Attorney Opinion No. 94-3)
Section 169. Meetings
The Board shall hold regular stated meetings at the City Hall at least twice in each month, and as often as the necessities of the Water Department require.
City Attorney Opinion No. 94-3)
Rev. October 2016]
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Section 170. Compensation of Members
The members of said Board shall each receive a salary as compensation for his/her services, payable out of the Water Fund of the City, as follows:
The President, three hundred dollars ($300.00) a year, and each of the other members, one hundred fifty dollars ($150.00) a year.
City Attorney Opinion No. 94-3)
Section 171. Ordinance to Enforce Rules
It shall be the duty of the Mayor and Common Council to pass such ordinances as may be necessary to enforce the rules and regulations of said Board of Water Commissioners.
City Attorney Opinion No. 94-3)
ARTICLE X
POLICE AND FIRE DEPARTMENTS
Section 180. Powers of Mayor and Common Council
The police and fire departments shall be underthe general supervision ofthe Mayor.
The City Manager shall be the immediate supervisor of the Chief of Police and the Chief of the Fire Department. Neither the Mayor nor the City Manager shall interfere or attempt to interfere with the discharge of those duties of the Police or Fire Chief(s) the performance of which are required by law.
The Mayor and Common Council shall have power upon the recommendation of the City Manager to fix and prescribethe salaries, qualifications, duties, rank, badges of office and uniforms of the officers, members and employeesof said departments; to prescribe rules and regulations for the organization, government and discipline of the same, and to prescribe penalties for violations thereof; subject to the civil service provisions of this Charter.
The Mayor shall determine any and all complaints of misconduct, inefficiency or violation of rules or other charges against the chiefs of said departments, and shall take such action thereon as shall be most conducive to the maintenance and discipline and efficiency of such departments, including suspending and or dismissing, for cause, the Chief of Police and/or the Chief of the Fire Department subject to the laws of the State of California.
As the 1905 Charter was amended by special election held November 4, 1924) City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-25) Rev. October 2016]
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Section 181. Police Department - Membership
The Police Department shall consist of a Chief of Police, and as many ranking officers, police officers andother employeesas the Mayorand Common Council may from time to time determine.
As the 1905 Charter was amended by election held November 3, 1942) City Attorney Opinion No. 95-2; City Attorney Opinion No. 91-2; City Attorney Opinion No. 89-11)
Section 182. Chief of Police - Duties
The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council. The Chief of Police shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be promptly executed by the Chief of Police, police officers, and by authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest or cause to be arrested all persons for whom probable cause exists to believe said person(s) may be guilty of violations of the same. He/she shall also have charge of the City jail, if one is in existence, of all prisoners and of all those who are sentenced to labor upon the public streets, public works or other places of said City and shall execute and enforce all orders and sentences in reference thereto; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager.
As the 1905 Charter was amended by election held June 7, 1966) City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-25) Section 183. Fire Department - Membership
The Fire Department shall consist of a Chief of the Fire Department and as many ranking officers, firefighters andother employeesas the Mayorand Council maydetermine.
City Attorney Opinion No. 91-21)
Section 183 A. Chief of the Fire Department - Duties
The Mayor shall appoint a Chief of the Fire Department, subject to the approval of the Common Council. The Chief of the Fire Department shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of fire departments bythe laws of the State, and such powers and duties shall in all respects be promptly executed by the Fire Chief and by authorized personnel in the Fire Department; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager.
Rev. October 2016]
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Section 184. Supervision of City Manager Over Funds, Moneys, Etc.
The City Manager shall supervise and possess power and authority over all the funds, moneys and appropriations for the use of the Police and Fire Department, also the organization, government and discipline, subject to the restrictions in Section 180 of this Charter, of said Departments, and shall have control of all the property and equipments belonging to the same.
City Attorney Opinion No. 91-2)
Section 185. Power to Make Rules and Regulations
Said Mayor and Common Council shall have power to make all necessary rules and regulations, upon the recommendation of the City Manager, to carry into execution and effect the foregoing powers contained in this Article, and in general to enable the appropriate city officers to manageand control said departments.
City Attorney Opinion No. 90-25)
Section 186. Salaries
There is hereby established for the City of San Bernardino a basic standard for fixing salaries, classifications, and workingconditions ofthe employees ofthe Police and Fire Departments of the City of San Bernardino, and the Mayor and the Common Council in exercising the responsibility over these departments vested in them by this Charter shall hereafter be guided and limited by the following provisions:
FIRST: Classification
The following classes of positions are hereby created in the Fire Department and Police Department of the City of San Bernardino, and the code numbers, titles, and salaries as hereinafter set forth are hereby established and fixed for such classes of positions. The letter "P" represents "Position" and the five stepsin Positions 1, 2 and 3 being represented by the letters "a," "b," "c," "d" and "e" are: "a" designating the first six months of service in the respective departments, "b" designating the following eighteen months of service in the respective departments, "c" designating the third year of service in the respective departments, "d" designating the fourth year of service in the respective departments, and "e" designating the fifth and all subsequent years of service.
Advancements in salary shall be made automatically step by step after each step of aggregate active service in the department in which the member is employed.
Each person employed in the Fire Department and Police Department shall be entitled to receive for his/her services in his/her position the applicable respective rate or rates of compensation prescribed for the class in which his/her position is allocated.
Additional titles may be established by the Mayor and Common Council, upon the Rev. October 2016]
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recommendation of the City Manager, but only titles for Local Safety members of the Police and Fire Departments shall be placed in one of the following classifications having the most nearly equal duties and responsibilities. Local Safety members of the Police and Fire Departments shall mean any local police officer orlocal firefighter as defined under the provisions of the Public Employees Retirement System Law as specified in the California Government Code or amendments thereto.
Class of Position
Classification Number Title Title
Fire Department Police Department
P1 (Steps a,b,c,d,e) Firefighter,
Battalion Chief Aide
Police Officer
P2 (Steps a,b,c,d,e) Fire Prevention Inspector Juvenile Officer, Detective, Senior Identification
Inspector
P3 (Steps a,b,c,d,e) Engineer Sergeant
P4 Captain, Assistant Fire
Prevention Engineer
Lieutenant
P5 Battalion Chief, Drill Master,
Fire Prevention Engineer
Captain, Superintendent of
Records and Identification
P6 Assistant Chief Assistant Chief
P7 Chief Chief
SECOND: Basic Salary Schedule
a) The monthly salaries of Local Safety members of the San Bernardino Police and Fire Departments included in classifications P1, P2, P3steps "a" and "e" of P4, P5, P6 and P7 shall be fixed on August1, 1976, for the balance ofthe current fiscal year and, thereafter, annually on August 1 of each succeeding year at the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to Local Safety members of like or most nearly comparable positions of the police and fire departments often cities of California withpopulations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller.
Rev. October 2016]
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b) The ten cities used for fixing the monthlysalaries shall bethose ten citiesremaining from an original and complete list of all California Cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten cities remain. The representatives to strike the first namefrom the list shall be determined bylot. c) In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthlysalaryfor the particular classification, shall be computed as the arithmetic average of the next highest and next lowest comparable position classification ofthat City.
d) The salaries paid in step "a" shall be the same as the arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in step "e" shall be the same as the average of the top salaries paid in the comparable positions in the ten cities. The salaries paid in steps "b," "c" and "d" shall be fixed at amounts which will cause the Local Safety members of the San Bernardino Police and Fire Departments to advance from the starting steps to the maximum pay steps in approximately equal salary advances.
THIRD: Special Salary Provisions
The following special provisions shall apply in addition to the compensation received in accordance with the above salary positions:
a) Police Department:
Each police officer assignedto traffic enforcement duties ona motorcycleshall be paid when performing such duties during the period of assignment at the rate of not less than fifty dollars per monthin additionto the pay stepto whichhe/sheis entitled as extra-hazard pay for motorcycle duty. The Police Chief shall certify monthly as to the assignment and the period of time worked to validate entitlement to the extra- hazard pay.
b) Police and Fire Departments:
Any Local Safety member of the Fire and Police Departments temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive working days or five consecutive shifts, shall receive the same salary for the higher rank to which he/ Rev. October 2016]
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she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief of the department in which the assignment to the higher rank occurs shall certify as to the assignment and the period of time worked in the higher rank to validate entitlement to the salary of the higher rank.
c) Fire Department - Paramedics.
The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Fire Department, assigned to duty as paramedics, during the period of such assignment. d) Fire and Police Departments-Education/Longevity Incentive Pay.
The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Police Department and the Fire Department who have completed educational or longevity requirements specified bythe Mayorand Common Council.
e) Fire Fighters
1) All employees (below the rank of Battalion Chief) assigned to an average 56 hours per week assignment shall be compensated at an hourly rate of time and one-half (12) their regular hourly rate of base pay, such compensation to be computed for each one quarter (3) hour increment worked in excess of their average 56 hour weekly assignment.
2) All employees (below the rank of Battalion Chief) working a 40 hour per week assignment shall be compensated at an hourly rate of time and onehalf (12) their regular hourly rate of base pay, such compensation to be computed for each 30 minute increment worked in excess of their regular eight (8) hour per day assignment of their 80 hours assignment during each pay period.
FOURTH: Work Week
Repealed in the 1905 Charter by election held June 8, 1976) FIFTH
Repealed in the 1905 Charter by election held June 8, 1976) Rev. October 2016]
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SIXTH: Definitions
The words and terms defined in this subsection shall have the following meanings in this section:
a) A "Shift" means a 24-hour duty for the Fire Department, except for the positions of Chief, Assistant Chief, and local safety members working in the Fire Prevention Bureau, and such other local safety positions as may hereafter be granted a forty 40) hour average work week by resolution of the Common Council upon the recommendation of the City Manager.
As the 1905 Charter was amended by elections held April 12, 1955; February 6, 1976, June 8, 1976, May 5, 1981, and March 5, 1985) San Bernardino Fire & Protective League v. City (1962) 199 Cal. App.2d 401, 404-419; City Attorney Opinion No. 97-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-16; City Attorney Opinion No. 93-13; City Attorney Opinion No. 93-4; City Attorney Opinion No. 92-16; City Attorney Opinion No. 92-2; City Attorney Opinion No. 91-32; City Attorney Opinion No. 91-23; City Attorney Opinion No. 91-3; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-17; City Attorney Opinion No. 90-11; City Attorney Opinion No. 89-21; City Attorney Opinion No. 88-11)
ARTICLE XI
SCHOOL DISTRICTS
Section 190. Definition
The San Bernardino City Unified School District, as suchterm is used bythis Charter, shall mean and include all of the public schools of said District.
As amended by elections held March 21, 1961 and February 6, 1973.) Board of Education
Section 191. Members
The Board of Education of the San Bernardino City Unified School District shall consist of seven members who shall be residents of the Unified School Districtor, in the event trustee areas are established in said District, of such trustee areas. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California for such board.
As amended by elections held March 21, 1961 and February 6,1973) Rev. October 2016]
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Board of Education: Term, Election
Section 192. Terms of Office - Election
The terms of office andthe election ofthe membersofthe Board of Educationshall be in accordance with and pursuant to the provisions of the Education Code of the State of California relating to governing boards of such school districts.
As the 1905 Charter was amended by elections held March 21, 1961 and February 6, 1973) Vacancies
Section 193. How Filled
Vacancies in the office of membersofthe Board of Education shall be filled bythe remaining members of the Board at the next regular meeting after such vacancy occurs.
The member so appointed shall hold such office for the unexpiredterm of his predecessor.
As amended by election held on March 21, 1961)
Section 194. Meetings
The Board of Education shall enter upon the discharge of their duties on the second Monday in May after their election, and the Board shall meet upon said date and organize by electing one of their number president and biennially thereafter. They shall hold regular meetings at least once each month at such place and time as may be designated by its rules. Special meetings may be called by the President, or by any three members. No business shall be transacted at such special meetings that has not been distinctly stated in the call. A majority of the members shall constitute a quorum, but an affirmative vote of three members shall be necessary to pass an order. The sessions of the Board shall be public and its minutes open to public inspection. The Board may determine the rules of its proceedings and the ayes and noes shall be taken and recorded when demanded, and they shall be taken and recorded on all questions involving elections, or appointments, or the expenditure of money.
Section 200. Filing of Claims
All claims payable out of the School Fund shall be filed withthe Secretary ofthe Board and, before payment, shall be approved by said Board upon a call of ayes and noes which shall be recorded.
As the 1905 Charter was amended by election held February 6, 1973) Rev. October 2016]
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ARTICLE XII
FREE PUBLIC LIBRARY
Section 205. Trustees - Terms
The Free Public Library shall be under the management of a Board of five Trustees who shall be appointed by the Mayor subject to the approval of the Common Council; provided, that the first Boardof Trustees underthis Chartershalltake office onthe second Monday of May, 1905, and shall at their first meetingso classifythemselves bylot that three of their number shall go out of office atthe expiration oftwo years, andtwo atthe expiration of four years; otherwise their term of office shall befour years. Onthe second Monday in May succeeding every General Municipal Election, the Board shall organize by choosing one of their number President. They shall also elect some suitable person as Secretary who shall act and hold office atthe pleasure ofthe Board.
Section 206. Trustees - No compensation
The position of Trustees shall be one of honorary trust without salary, or compensation, and all appointments made by them shall be made without regard to politics, and irrespective of sex. Said Library Trustees shall not be less than twenty-five ( 25) years of age, and musthave been residents of said City atleast five years prior to their appointment.
City Attorney Opinion No. 92-20)
Section 207. Library Tax
The Mayor and Common Council shall at the request of the Board of Trustees in making the annual tax levy, and as part thereof, levy a rate which shall produce a minimum amount of at least two thousand dollars ($2,000.00) for the purpose of maintaining said Library and for purchasing books, journals and periodicals.
Section 208. Donations - Bequests
If payment into the treasury of any money or property derived by donations or bequest would be inconsistent with the conditions, or terms of any such donations, or bequest, said Board shall provide for the safety and preservation of the same, and the application thereof to the use of said Library in accordance with the terms and conditions of such donation or bequest.
Rev. October 2016]
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Section 209. Title To Real And Personal Property
The title to all property, real and personal, now owned or hereafter acquired by purchase, donation or bequest, or otherwise, for the purpose, or use of said Library, when not inconsistent with the terms of its acquisition, shall vest and be and remain in said City, and in the name of said City may be sued for and defended by action at law, or otherwise.
Section 210. Meetings
The Board shall meet at least once each month and a majority shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.
It shall elect a Librarian and such assistants as may be necessary. The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceedings. The Secretary must serve without compensation.
Section 211. Powers of Board
The Board shall have power:
FIRST:
To make and enforce all rules, regulations and by-laws necessary for the administration, government, and protection of said Library and all property belonging thereto, or that may be loaned thereto;
SECOND:
To administer any trust declared, or created for such Library and reading rooms; THIRD:
To define the powers and prescribe the duties of all officers, to determine the number of, and elect all necessary subordinate officers and assistants, and at their pleasure to remove any such officer or assistant, subjectto the civil service provisions of this Charter;
FOURTH:
To purchase necessary books, journals, publications and other personal property; FIFTH:
To fix salaries ofthe Librarian and assistants, and other employees; to rent and equip such building or buildings, room or rooms as may be necessary for such Library or reading rooms;
Rev. October 2016]
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SIXTH:
To allow non-residents to borrow books upon such conditions as the Board may prescribe;
SEVENTH:
To provide memorial tablets and niches or other means to perpetuate the memory of any person who makes donations or bequests to the Public Library; EIGHTH:
To do all that may be necessary to carry into effect the provisions of this Charter with reference to said Library and reading rooms.
As the 1905 Charter was amended by special election held November 4, 1924, with reference to THIRD.)
Section 212. Reports
Said Board on or before the third Monday in July of each year, shall make a report to the Mayor and Common Council giving the condition of its trust, with full statement of all property and money received, whence derived, how used and expended, the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise, during the next preceding fiscal year, the number lost or missing, the number and character of those loaned, and such other statistics, information and suggestions as may be of general interest; and also a financial report showing all receipts and disbursements, with particulars thereof, and the names of all employees and the salaries paid to each.
Rev. October 2016]
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ARTICLE XII- A
PARk AND RECREATION COMMISSION
Section 213. Members - Term of Office
There is hereby created a Park and Recreation Commission consisting of nine (9) members, whose terms of office shall befour years.
As the 1905 Charter was amended by election held February 4, 1969) Section 214. Appointment
Each Council Member shall appoint one commissioner whose term shall coincide with that of the appointing Council Member and the Mayor shall appoint two (2) commissioners, one of whom shall initially have a two (2) year term coinciding with the term of the Mayor and the other shall have a four (4) year term commencing on the second Monday of May, 1969. Thereafter, each Mayor and each Council Member, upon assuming office, shall appoint one member to the Commission for a four (4) year term. Any vacancy occurring for any reason shall be filled in the same mannerasthe original appointment.
As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18) Section 215. Removal From Office
Commissioners shall hold office for aterm offour ( 4) years and untiltheir successors have been appointed and qualified. Commissioners shall serve atthe pleasure ofthe appointing officer and any memberof said Park and Recreation Commission may be removed at any time by the affirmative vote of five ( 5) Council Members, and upon any such removal the vacancy shall be filled as aforesaidfor the unexpiredterm.
As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 91-33)
Section 216. No Compensation - Meetings
The members of the Park and Recreation Commission shall serve without compensation. Immediately after appointment and qualification, said Commission shall organize by electing from among its membership a Chairman and a Secretary. Regular meetings shall be held at least once a month.
As the 1905 Charter was amended by election held February 4, 1969) Rev. October 2016]
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Section 217. Duties
The Park and Recreation Commission shall:
a) Act in an advisory capacity to the Mayor and Common Council and to the City Manager in all matters pertaining to parks, recreation and parkways. b) Consider the annual budget of the Park and Recreation Department during the process of its preparation and make recommendations with respect thereto to the Mayor and Common Council and to the City Manager.
c) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter.
As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 93-8)
Section 218 of the 1905 Charter amended by election held February 4, 1969, and repealed by election held November 2, 1976)
Section 219. Appeal to Council
Any person dissatisfied witha decision ofruling ofthe Park Commission mayappeal to the Common Council, and said Council by an affirmative vote of five ( 5) members may reverse or modify said decision or ruling.
As the 1905 Charter was amended by election held June 7, 1966) City Attorney Opinion No. 93-8)
Rev. October 2016]
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ARTICLE XLII
MISCELLANEOUS
Section 220. Fiscal year
The fiscal year ofthe Cityof San Bernardinoshall begin onthe first dayof July and end on the last day of June of each year.
Section 221. Definitions
City:
The word " City" wherever it occurs in this Charter, unless it expressly appears otherwise, means the City of San Bernardino.
General Supervision:
The supervision by the Chief Executive Officer whichis supervision that includes giving general policy directions, but does not include the authority to issue specific, day to day directives; requires the person exercising the general supervision to vigilantly observe the official conduct of the person/department/publicinstitution being supervised, and take notice of the fidelity and exactitude or wantthereof, with which the person/department/public institution being supervised executes his/her/its duties and obligations, especially in the collection, administration and disbursement of public funds and property. Any defamation or willful neglect of duty or official misconduct shall be laid before the Common Council in order that public interests may be protected and the person/department/public institution in default proceeded against according to law.
Immediate Supervisor:
The person with authority to observe, evaluate, issue specific, dayto day directivesto, approve/disapprove requests of, promote, demote, recommend or not recommend salary increases for, suspend, and recommend for termination, the person being supervised, except in cases of recommendations for termination of persons who occupy positions for which this Charter specifically provides otherwise.
Manager-Directed Departments of the City:
All City departments except the Offices ofthe Mayor, City Attorney, City Clerk and City Treasurer and except for the Water Department, the Free Public Library and the Civil Service Administration.
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-60
Component Board:
Board of Water Commissioners, Civil Service Board, Free Public Library Board of Trustees, and/or any other board established under the authority of the Mayor and Common Council which has the formal authority to hire, terminate, promote, or demote, any person applying for or occupying a salaried position under the City government.
Civil Service Administration:
The Civil Service Chief Examiner and those employees who work under his/her supervision.
Civil Service System:
The Civil Service Board, the Chief Examiner, the employees supervised by the Chief Examiner, the functions and work products of the Civil Service Board, the Chief Examiner and the employees he/she supervises.
Current Charter:
The Charter adopted by the voters on January 6, 1905, and all amendments thereto, beginning with those approved on December 28, 1908, through November 5, 2002, and any other amendments that may be adopted prior to the effective date of this Charter as provided in Section 244, herein.
This Charter:
This document and its full text.
Full-time Permanent Employee:
Any person hired to work for the City who works a minimum of thirty-two (32) hours per week, and who is hired as a retirement benefits- eligible employee pursuantto the Public Employees Retirement System (PERS) guidelines, and for whom there is no date of termination stated when said person is hired.
Section 222. Oath of office
Whenever oath of office is mentionedin this Charter, it meansthe oath of office or affirmation in form as prescribed bythe Constitutionofthis State.
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-61
Section 223. Ordinances in Force
All laws, ordinances and resolutions relating to the City of San Bernardino, now in force and not inconsistent with this Charter, shall be and remain in force after this Charter takes effect until repealed or changed by the proper authority; and all actions and proceedings in any court wherein said City is a party, when this Charter takes effect, shall continue thereafter with said City as a party until regularly disposed of.
As the 1905 Charter was amended by special election held April 11, 1921) In re Baxter (1906) 3 Cal. App. 716, 719)
Section 224 of the 1905 Charter repealed by special election held April 11, 1921)
Section 225. Restrictions on Officers
No person holding a salaried office ofthis City, whetherby election or appointment, shall hold any other office of honor, trust or emolument underthe government ofthe United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office ofthis City, who, during his/her term of such office, shall accept or hold any other office asaforesaid, exceptthat of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him/her underthis City Government, andthe same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office ofthis Cityfrom accepting an appointmentto and serving on any Federal or State Commission or Committee providing such appointment and service is not full-time.
As the 1905 Charter was amended by election held November 6, 2001) Section 226. Delivery of Property
All Officers, Board, and Commissionersshall each, on going out of office, turn over and deliver to their respective successors in office, all books, papers, documents, records, archives and all other property or things pertaining to their respective offices, boards or departments, in their possession or under their charge or control.
Section 227. Office Hours
The Common Council shall provide by ordinance the hours that the several offices of the City shall be kept open for the transaction of business.
Section 228 of the 1905 Charter repealed by election held February 6, 1973) Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-62
Section 229. Deposit of Money
It shall be the duty of every City officer, uponreceiving into his/her hands money belonging to the Municipality, to forthwith deposit the same with the City Treasurer, except where otherwise provided by this Charter.
Section 230. Term of Office
Every elective or appointive officer of the City shall hold office during the term prescribed by this Charter, and until his/her successor is elected or appointed and qualified, and every appointive officer or employee, except employeesin the classified service, whose term is not fixed, shall hold office duringthe pleasure of the officer or board appointing him/her, and when an appointment is made to fill a vacancyin an unexpired term, the person appointed shall, if it be an appointive office, holdfor the unexpiredterm and if for an elective office untilthe next succeeding general municipalelection, at which time the office shall be filled for the balanceof the term by anelection.
As the 1905 Charter was amended by special election held November 4, 1924.) Section 231 of the 1905 Charter repealed by election held February 6, 1973) Section 232 of the 1905 Charter repealed by election held February 6, 1973) Section 233 of the 1905 Charter repealed by election held March 6, 1979) Section 234. Reimbursement For Expenses
That elective officers shall be entitledto receive reimbursement for their necessary expenses while engaged on Municipal business, including mileage in the City of San Bernardino, such expenses not to exceed the expenses authorized for other City employees or officers.
a) The Mayor and Common Council shall, with all due diligence, contract with the Board of Administration of the State Employees Retirement System, and do all things necessary to provide for the participation by the City of San Bernardino and the employees thereof, in the State Employees Retirement System, with full credit being given to the employees of said City for prior service rendered.
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-63
b) That any contract so entered into by said Mayor and Common Council with the Board of Administration of the State Employees Retirement System shall only be terminated by an ordinance adopted by a majority vote of the electorate of the City of San Bernardino.
As the 1905 Charter was amended by elections held
May 16, 1944, March 19, 1945 and March 7, 1989)
Section 235. Qualification of officers
The City Clerk and City Treasurer shall have been qualified electors andresidents of the City for a period of at least thirty (30) consecutive days prior to their appointment or filing oftheir nomination papersfor electionto office.
As the 1905 Charter was amended by elections held February 6, 1973, and November 2, 1976) Section 236 of the 1905 Charter repealed by election held February 04, 1969 Section 237 of the 1905 Charter repealed by election held February 04, 1969 Section 238. Power to Reject Bids and Readvertise
In all cases where advertising is required for sealed proposals under Section 140 of this Charter, the Mayor and Common Council, or any board or officer makingsuch advertisement, shall have power to reject any or all bids and readvertise in their discretion.
Section 238, Subsection (a) of the 1905 Charter repealed by election held February 6, 1973) Section 239 of the 1905 Charter repealed by election held February 04, 1969 Section 240. Taking or Damaging Private Property
Whenever it becomes necessary for the City to take or damage private property for public use, the Mayor and Common Council may direct proceedings to be taken therefor under the provisions of the Code of Civil Procedure of this State to procure the same.
City Attorney Opinion No. 91-16)
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-64
Section 241. Employment of Legal Counsel
Upon the recommendation, and with the written consent, of the City Attorney, the Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit ofthe Cityandthe inhabitants thereof.
As amended by election held November 6, 2001)
City Attorney Opinion No. 89-11; City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36)
Section 242. Qualifications of City Employees and Appointment The Mayor and Common Council may prescribe the number, qualification and compensation of the deputies, clerks, assistants, employees and attaches of the City Attorney, City Treasurer and City Clerk. All deputies, clerks, assistants, attaches and employees of the City Attorney, City Clerk and City Treasurer shall be appointed by the respective officers withthe consent and approval ofthe Mayorand Common Council, and shall hold office atthe pleasure ofthe officers appointingthem.
As the 1905 Charter was amended by special election held November 4, 1924.) Scott v. Common Council (1996) 44 Cal. App.4th 684, 687-688, 696; City Attorney Opinion No. 93-19)
Section 243 of the 1905 Charter repealed by election held November 5, 1974) Section 243. Nepotism
Neither the Common Council, the Board of Water Commissioners, the Free Public Library Board of Trustees, the Civil Service Board, nor any elective officer, northe City Manager, nor the Civil Service Chief Examiner, shall recommend for hire, appoint, hire or confirm the hiring or appointmentto a salaried position underthe Citygovernment or any of its components any person who is a relative by blood or marriage within the third degree of any one or more of the members of such Common Council, member of a component board, any elected official ofthe City, the City Managerorthe Civil Service Chief Examiner, nor shall any department head or other officer recommend for appointment or appoint any relative of such department head or other officer withinsuch degreeto any such position.
This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, those persons with appointive powers and/or supervisorial powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person.
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-65
Section 244. When Charter Takes Effect
This Charter shall take effect on the day of the swearing in of the Mayor for the 2006 to 2010 term for the Office of Mayor, but notwithstandingthe foregoing, this Chartershall take effect no later than April 3, 2006.
Section 245. Early Effective Date of Certain Sections of This Charter Notwithstanding the effective date of this Charter provided in Section 244 herein, the provisions of Sections 120, 122 and this Section (245) shall take effect when accepted and filed bythe Secretary of State as amendmentsto the current Charter; subsequently, Sections 120, 122 and 245 herein, shall continue in full force and effect under this Article with the same text and same section designations in this Charter, when this Charter takes effect as provided in Section 244 herein.
Effective March 16, 2005)
Section 246. Civil Service Board - Appointment
A Civil Service Board is hereby created which shall consist of five members who shall be qualified electors ofthe City and appointed as hereinafter provided. Thethree members in office on the first Mondayin May, 1959, shall continue to serve for the remainder of their respective terms. On July 1, 1958, or as soon thereafter as this Charter amendment becomes effective, the Mayor, with the consent and approval of the Council, shall appoint one member to serve until the first Mondayof May, 1959, and oneto serve until the first Mondayof May, 1961, andthereafter, byrotation in the following manner:
Two members shall be appointed on the first Monday of May, 1959, two on the first Monday of May, 1961, and one on the first Mondayof May, 1963, eachfor aterm of six years. On the first Mondayof May, 1965, and every odd numbered yearthereafter, the Mayor with the consent and approval of the Council, shall appoint the same number of members of the Civil Service Board for a term of six years as the number of members whose term of office expires atthat time, whoshalltake office the first Mondayof Mayof said year, or as soon thereafter as appointed and qualified. Membersofthe Board shall not hold any other public office.
As added to the 1905 Charter by special election held November 4, 1924 and amended by special election held June 3, 1958.)
City Attorney Opinion No. 95-12; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4) Rev. October 2016]
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Section 247. Civil Service to Organize and Appoint Secretary Immediately after appointment and qualification the Boardshall organize by electing one of its members chairperson. The Board shall appoint a Chief Examiner who shall also act as Secretary of the Board. The Board may appoint such subordinates as the City Council may, by ordinance, prescribe.
As added to the 1905 Charter by special election held November 4, 1924.) City Attorney Opinion No. 95-12; City Attorney Opinion No 91-8; City Attorney Opinion No. 88-9)
Section 248. Classified and Unclassified Civil Service
The Civil Service of the City of San Bernardino is hereby divided into the unclassified and the classified service:
1) The unclassified service shallinclude:
a) All officers elected bythe people;
b) All officers appointedfor a definite term;
c) All deputies and assistants of elective officers who hold office during the pleasure of such elective officers;
d) City Manager, Assistant City Manager, Deputies and/or other Assistants of the City Manager;
e) The heads of departments, and the heads of divisions of departments and members of all appointive boards;
f) One secretary for each department and one secretary for the City Manager. 2) The classified service shall comprise all positions not specifically included in this Charter in the unclassified service. There shall be in the classified service, the following three classes, to be known as the competitive class, the uncompetitive class and the labor class:
a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations.
Rev. October 2016]
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b) The uncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of ascientific, managerial, professional or educational character, or may be determined by the rules of the Board. c) The labor class shall include ordinary unskilled labor.
As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 97-1; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-18; City Attorney Opinion No. 91-4; City Attorney Opinion No. 89-15; City Attorney Opinion No. 88-19) Section 249. Veteran Preference
In any open examination administered by the Civil Service Board or its Board of Special Examiners or Chief Examiner, any person who has served in the regular armed forces of the United States of America in time of war and who has been honorably placed on inactive status or has been honorably discharged from such service shall receive a bonus of five ( 5) grade points which will be addedto the final examination grade of said person who has obtained a passing grade for such examination. An additional five ( 5) grade points shall be added to the final examination grade of such person who qualified for the initial five grade pointsfor veteran preference and who have a serviceconnected disability rated at not less than ten percent (10%) of an authorized agency of the federal government. In any such open examination, ten (10) grade points shall be added to the final examination grade of any successful applicant whois a wife of any such United States veteran honorably discharged from the service who, while in service in time of war, was disabled or crippled, thereby being permanently prevented from engaging in a remunerative occupation; or who is the widow of any such veteran who died or was killed in such service and who has not remarried. The Civil Service Board shall define the phrase "in time of war" in its rules and regulations and such definition shallinclude each war and any campaign involving the United States for which the federal government allows veterans preference. The Bonus granted under this section shall not apply to promotions or promotional examinations.
As added by special election held November 4, 1924 and
as amended by election held February 4, 1969)
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-68
Section 250. Codes of Rules and Regulations
The Civil Service Board, subject to the approval of the Mayor and Council, shall adopt, amend and enforce a code of rules and regulations, providing for appointment and employments in all positions in the classified service, based on merit, efficiency, character and industry, which shall have the force and effect of law; shall make investigations concerning the enforcement and effect of this article and of the rules adopted.
As added to the 1905 Charter by special election held November 4, 1924.) City Attorney Opinion No. 96-9; City Attorney Opinion No. 96-8; City Attorney Opinion No. 96-6; City Attorney Opinion No. 96-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-31; City Attorney Opinion No. 90-29)
Section 251. Examinations
The examiner shall approve examinations for all positions in the classified servicein accordance with regulations of the Civil Service Board, and shall maintain lists of eligibles of each class of service of these meeting the requirements of said regulations. All positions in the classified service shall be filled from sucheligiblelist. In makingsuch appointment, preference shall be given to bona fide residents ofthe Cityof San Bernardino whohave been such residents for at least one year next preceding the date of their appointment, and who are, on said date, qualified electors of said City; subject, however, to the preference provided for in Section 249 of this Charter. As positions are filled, the examiner shall certify the fact by proper and prescribed form to the City Treasurer and the heads of the department in which the vacancy exists.
As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 91-8; City Attorney Opinion No. 88-9) Section 252. Promotion to Positions
The Civil Service Board shall provide for promotion to all positions in the classified service, based on records of merit, efficiency, character, conduct and seniority.
As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 96-5; City Attorney Opinion No. 90-29; City Attorney Opinion No. 90-17)
Section 253. One Year Probation
An appointment or promotion shall not be deemed complete until an applicable period of probation of not more than one year has elapsed. The probationer may be discharged or reduced at any time within said period upon the recommendation of the head of the department in which said probationer is employed with the approval of a majority of the Civil Service Board. Periods of probation shall be fixed by Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-69
resolution of the Mayor and Common Council upon the recommendation of the City Manager and procedures for and effective dates of discharges and reductions shall be adopted by the Civil Service Board in its rules and regulations.
As added to the 1905 Charter by special election held November 4, 1924 and amended by election held November 5, 1974)
City Attorney Opinion No. 96-13; City Attorney Opinion No. 95-8; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion 93-4; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-29; City Attorney Opinion No. 90-12)
Section 254. Discharge or Reduction of Compensation
No employee in the classified service shall be suspended, discharged orreduced in classification for disciplinaryreasons untilthe employee has been presented withthe reasons for such action specifically statedin writing. Thereason for such discharge or reduction and any reply thereto by such employee, shall be in writing and filed withthe Civil Service Board.
As amended by special election held November 4, 2014)
Added by special election held November 4, 1924)
City Attorney Opinion No. 97-1; City Attorney Opinion No. 96-9; City Attorney Opinion No. 96-5; City Attorney Opinion No. 95-11; City Attorney Opinion No. 95-10; City Attorney Opinion No. 94-7; City Attorney Opinion No. 94-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4; City Attorney Opinion No. 90-32; City Attorney Opinion No. 90-12; City Attorney Opinion No. 88-9) Section 255. Appeal of Suspension
Any employee of any department in the City in the classified service whois suspended, reduced in rank, or dismissed from a department by the City Manager or by the Head of the Department, or by any other authorized supervisor, may appeal from the decision of such officer to the Civil Service Board, and such Board shall define the manner, time and place by which such appeal shall be heard. The judgment of such board shall be final; PROVIDEDthat the provisions ofthis section are at alltimes subject and subordinate to the provisions of Section 256.
As added to the 1905 Charter by special election held November 4, 1924) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 552, 553-554; City Attorney Opinion No. 96-9; City Attorney Opinion No. 95-10; City Attorney Opinion No. 92-27; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 88-9) Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-70
Section 256. Power to Dismiss
A. The City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department and any appointive commissioner, board member or committee member of any committee, of the City of San Bernardino, except those commissioners and members appointed for a definite term, and exceptfor any committees of which the membership is composed entirely of members of the Common Council, may summarily be dismissed for the good of the service by the Mayor, with the consent of two-thirds (2/3) of the Common Council.
B. Any Department Head, Division Head or any employee in the unclassified service except elected officers, officers appointedfor a definite term, and except deputies, assistants, clerks, employees, and attachés holding office atthe pleasure of an elective officer, maysummarily be dismissedfor the good ofthe service bythe City Manager with the consent of the Mayor and Common Council.
As added to the 1905 Charter by special election held November 4, 1924) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 553)
City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-8; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10) Section 257. Position in Classified Service
All persons in the employ of the City holding positions in the classified service, as established by this Charter, at the time it takes effect, shall retain the same until discharged, reduced, promoted or transferred in accordance herewith.
As added to the 1905 Charter by special election held November 4, 1924) Section 258. Payment of Salaries
The City Treasurer shall not pay any salary or compensation for service to any person holding a position in the classified service unlessthe payroll or accountfor such salary or compensation shall bear the certificate ofthe Civil Service Board, byits Secretary, that the persons named therein have been appointed or employed and are performing a service in accordance with the provisions of this Charter and of the rules established thereunder.
As added by special election held November 4, 1924)
Rev. October 2016]
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Section 259. Investigations
In any investigation conducted by the Civil Service Board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation, and to administer oaths to such witnesses.
As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-29; City Attorney Opinion No. 91-9)
Section 260 of the 1905 Charter added by special election held November 4, 1924, and repealed by election held February 6, 1973) Section 261. Penalties Fixed by Civil Service Board
The Civil Service Board, subject to the approval of the Mayor and Council, shall determine the penalties for the violation of the Civil Service provision of this Charter; such penalties, when fixed by ordinance bythe Mayorand Council, maybe changedfrom time to time as required.
As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 91-8)
Section 262. Effectiveness and Repeal of Former Charter Upon the effective date as set forth in Section 244, the provisions of this Charter shall be in full force and effect under the law, except for Sections 120, 122, and 245, which take effect when accepted and filed bythe Secretary of Stateas setforth in Section245. Upon the effective date as set forth in Section 244, the former Charter is hereby repealed except that the text in those articles, sections, categories, and subparagraphs which have been reserved by this Charter are not repealed nor otherwise amended and shall continue in full force and effect in this Charter in their same text and same designations.
Section 263. Severability
The provisions of the Charter are severable, and, if any sentence, section or other part of this Charter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) i
A-
ANIMALS
Animal Shelter - §40 (n)
Licensing Fee - §40 (y)
ASSESSOR
City Clerk Ex-Officio - § 132
ASSISTANT/ACTING CITY MANAGER
101
Appointed by City Manager - §101
Acting City Manager Upon Vacancy
of City Manager - §103
Dismissal for the Good of Service,
Acting City Manager - §256
Duties - §101
Nominated for Appointment and
Recommend Removal by Mayor of
Acting City Manager- §40 (s)
Supervision by Mayor of Acting
City Manager, general - §52
Suspend and Discharge for Cause,
Acting City Manager - §52
Unclassified Service -§248 (1) (d)
ATTORNEYS, EMPLOYMENT
241
AUDIT
50 B-
BATHS
40 (u)
BEQUESTS
1, 208, 209, 211 Seventh
BIDS AND BIDDING
140, 238
BOARD OF EDUCATION
191-200
Claims - §200
Elections - §192
Meetings - §194
Public - §194
Special - §194
Members - §191
President - §194
Quorum - §194
School Fund - §200
Term of Office - § 192
Vacancies - §193
BOARD OF WATER COMMISSIONERS
160-171
Annual Report - §167
Appointed by Mayor - §160
City Clerk Ex-Officio Secretary - §168
Compensation - §170
Duties - §160
Inventory - §§162, 167
Map - §166
Mayor and Council to Pass Ordinances -§171
Meetings - §169
Oath - §161
Powers - §163
Collect Rates - §163
Collect Rentals - §163
Control Sewage Disposal Plants - §163
Control Waste Water Treatment
Plants -§163
Control Water System - §163
Employ Persons - §163
Incur Indebtedness - §163
Incur Liability - §163
Rules and Regulations - §163
Enforcement - §171
President - §162
Public Records - §165
Qualifications - § 160
Removal - §160
Sale and Use of Water - §164
CHARTER INDEX
See also Municipal Code Index)
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) ii
Seal - §168
Term of Office - § 160
Vacancy - §160
Water Fund - §§143, 146, 164
Transfers to General Fund - §164
BOND, OFFICIAL -
12, 20, 21, 23
BONDS
General Obligation - §133
Limitation - §133 b
Vote Required - §133
Revenue Bonds - §133
Majority Vote Required - §133
BOOKS
Non-Residents to Borrow - §211
Purchase by Library Board - §211
BOUNDARIES -
2 BRIDGES -
40 (q)
C-
CEMETERIES
40 (m)
CERTIFICATE OF ELECTION
12 CHARTER
Definition - § 221
Effective Date - §244
Repeal - §262
Severability - §263
CHIEF ENGINEER
See Fire Chief)
CHIEF EXAMINER
247
Certification to CityTreasurer - §251
CHIEF OF POLICE -
181
Appointed by the Mayor - §182
Dismissal for Good of Service - §256
Duties - §182
Enforce Laws of State and Ordinances
of City -§182
Ex-Officio Tax Collector - §132
Nominate for Appointment and Recommend
Removal by Mayor - §40 (s)
Supervision
General, by Mayor - §52
Immediate, by City Manager - §180
Suspend and Dismiss for Cause,
by Mayor - §180
CITY ATTORNEY
See Legal Counsel)
Advice - §55 (d)
Approval of Summary of Ordinances - §33
Chief Legal Officer - § 55 (d)
Election - §14
Employees
Appointed by City Attorney - §242
Hold at the Pleasure - §242
Number, Qualifications, and Compensation
Established by Mayor and Council - §242
Experience - §55 (b)
Full-Time - §55 (a)
Prosecutor - §55 (d)
City Ordinances - §55 (d)
State Misdemeanors and Infractions,
Certain - §55 (d)
Qualifications - § 55 (b)
Residence - §55 (b)
Salary - §55 (e)
Vacancy - §55 (c)
Filling - §55 (c)
CITY CLERK
Administer Oaths - §60
Affidavits - § 60
Demands Allowed, Record of - §60
Duties - §60
Election - §14
Employees
Appointed by City Clerk - §242
Rev. October 2016]
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Hold at the Pleasure - §242
Number, Qualifications, and Compensation
Established by Mayor and Council - §242
Ex-Officio Assessor - §132
Ex-Officio Secretary, Board of Water
Commissioners - §168
Initiative - §120
Licenses - §60
Meetings of Mayor and Council - §60
Keep Journal of Proceedings - §60
Official Records - §60
Indexed - §60
Open to Public Inspection - §60
Ordinances
Maintain Copies of - §33
Publish - §33
Validity of Ordinances - §33
Summary of, Preparation - §33
Qualifications - § 235
Recall - §122
Referendum - §121
Salary - §24-B
Seal - §60
Warrants, Countersign - §60
CITY DEFINED -
2 CITY JAIL -
182
CITY LIMITS
Property Within or Without - §1
CITY MANAGER
100-105
Appointed by Mayor - §100
Authority and Duties - §102
Annual Report - 102 (f)
Budget - §102 (e)
Confer §102 (h), (I), (j)
Enforcement of Laws, Contracts,
etc. - §102 (c)
Immediate Supervision
Chief of Police and Chief of Fire
Department - §180
Manager-Directed Departments -
102 (a)
Other Duties - §102 (g)
Power to Appoint - §101
Power to Dismiss - §256 (b)
Assistant - §101
Dismissal for Good of Service §256 (a)
Estimate of Financial Necessities - §130
Chief Administrative Officer - § 100
Mayor and Council’s Authority Over - §104
Non-eligibility - §105
Qualifications - § 100
Recommend Additional Salary for
Police/Fire §186
Recommend Compensation and
Removal of Officers - § 40 (s)
Recommend Periods of Probation - §253
Supervised by Mayor - §52
Supervision Over Funds, Moneys, etc. - §184
Unclassified Service - §248 (1) (d)
Suspend and Discharge for Cause,
Mayor’s Power - §52
Vacancy - §103
CITY RESERVOIR TRACT
2 CITY TREASURER
Account of Receipts and Expenditures - §70
Claims - §70
Deposit Money With - §229
Duties - §70
Election - §14
Employees
Appointed by City Treasurer - §242
Hold at the Pleasure - §242
Number, Qualifications and Compensation
Established by Mayor and Council - §242
Moneys, Receive and Pay Out - §70
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) iv
Monthly Statement - §70
Not Pay Salaries Until Certificate from
Civil Service Board - §258
Qualifications - § 235
Warrants - §60
CIVIL SERVICE BOARD
246-261
Appeal to - §255
Certification to CityTreasurer - §§251, 258
Chairman - §247
Chief Examiner - §247
Discharge or Reduction in Rank or
Compensation - §254
Eligible Lists - §251
Employees - §247
Examinations - §251
Investigations - §259
Oaths - §259
Penalties - §261
Probation - §253
Procedures for Discharges and
Reductions - §253
Promotions - §252
Qualifications - § 246
Residence Preference - §251
Rules and Regulations - §250
Force and Effect of Law - §250
Secretary - §247
Subpoenas - §259
Veteran Preference - §249
CLAIMS AGAINST THE CITY
139
Prior Authorization - §139
CLASSIFIED SERVICE
248 (2)
Pre-existing Positions - §257
COMBUSTIBLE SUBSTANCES, STORAGE OF
40 (j)
COMPENSATION
Board of Water Commissioners - §170
City Attorney - §55 (e)
City Clerk - §24-B
Council - §24-A
Election Officers - § 11-A
Fire - §§180, 186
Education/Longevity Pay - §186 Third (d)
Overtime - §186 - Third (e)
Paramedics - §186 - Third (c)
Temporary Higher Rank - §186 - Third (b)
Librarian - §211 Fifth
Library Board of
Trustees - §206
Secretary - §210
Library Employees - §211 Fifth
Mayor - §24
Parks and Recreation Commission - §216
Police - §§180, 186
Education/Longevity Pay - §186 - Third (d)
Motorcycle Officers - § 186 - Third (a)
Temporary Higher Rank - §186 - Third (b)
Treasurer Not to Pay Without Certificate
From Civil Service Board - §258
COMPETITIVE CLASS
248 (2) (a)
CONTRACTS
City Manager’s
Responsibility - §102 (c)
Council Power Regarding Public
Utilities - §40 (t)
COUNCIL, COMMON
Approval of Dismissal by Mayor for the Good
of the Service - §256
Committees - §37
Compel Production of Papers - §34
Disorderly or Contemptuous Behavior - §34
Election - §§13, 14
Expulsion - §34
Indebtedness Against the City - §139
Legislative Power Vested in - §30
Mayor
Fill Vacancy in Office of - §51
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) v
Override Executive Order of - §39
Monthly Statement of receipts and
expenditures - §70
Office Hours, Establish - §227
PARK AND RECREATION COMMISSION
Appeal from Decisions - §219
Appointment - §214
Removal - §215
Powers - §40
Necessary and Proper - §40 (aa)
Qualifications - §§ 14-A, 34
Residency - §§14-A, 15
Salary - §24-A
Termination of City Officers - § 34
Reasons - §34
Vacancy - §§14-A, 15
COUNCIL MEETINGS
Adjournments - §35
City Clerk to Attend Meetings - §60
Compel Attendance
Members - §§30, 34
Witnesses - §34
Days - §35
Journal of Proceedings - §60
Mayor to Preside - §36
Public - §35
Quorum - §30
Rules for Proceedings - §34
COUNTY OF SAN BERNARDINO
Collection of City Taxes - §131
COURT ACTIONS
Pre-existing - §223
D-
DEFINITIONS
Charter - §221
Civil Service Administration - §221
Civil Service System - §221
Component Board - §221
Full-Time Permanent Employee - §221
General Supervision - §221
Immediate Supervisor - §221
Manager-Directed Departments of City - §221
DEMANDS AGAINST THE CITY
135
Ordinance - §135
DOG LICENSING FEE
See Animal License Fee)
40 (y)
DONATIONS
1 Library, to - §208
Title of Property - §209
E-
EFFECTIVE DATE OF CHARTER
244, 262
Repeal of Former Charter - §262
ELECTION OFFICERS
10-14
Compensation - §11-A
ELECTIONS
Board of Education - §192
Canvass - §11
Certificate of Election - §12
Dates - §§13, 14
General - §10
Initiative, Only One Every 12 Months - §120
Manner of holding - §§10, 11, 14-A
Primary - §10
Election at - §10-A
Recall - §122
Referendum - §121
Results - §11
ELECTRICAL WORKS
40 (u)
EMINENT DOMAIN
240
EMPLOYEES
Board of Water Commissioners - §163 (2)
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) vi
Civil Service Board - §247
Classified Service - §248 (2)
Competitive Class - §248 (2) (a)
Discharge or Reduction in Rank or
Compensation - §254
Labor Class - §248 (c)
Mayor’s Power to Suspend and
Discharge - §52
Probation - §253
Promotions - §252
Public Employees Retirement System - §234
State Employees Retirement System - §234
Unclassified Service - §248 (1)
Uncompetitive Class - §248 (2) (b)
Veteran Preference - §249
EXPENSES
Mileage - §234
Reimbursement for - §234
F-
FINES, PENALTIES AND FORFEITURES -
40 (r)
FIRE CHIEF
183 (A)
Dismissal for Good of Service - §256
Duties - §183 (A)
Nominate for Appointment and Recommend
Removal by Mayor - §40 (s)
Supervision
General, by Mayor - §52
Immediate, by City Manager - §180
Suspend and Dismiss for Cause,
by Mayor - §180
FIRE DEPARTMENT
40 (f)
Appointment - §183 (A)
Badges - §180
Discipline - §180
Education/Longevity Pay - §186 - Third (d)
Funds, Supervision by City Manager - §184
Membership - §183
Paramedics - §186 - Third (c)
Positions - §§183, 186
Property and Equipment, Control by City
Manager - §184
Qualifications - § 180
Salaries - §§180, 186
Shifts - §186 - Sixth (a)
Temporary Higher Rank - §186 - Third (b)
Under General Control of Mayor - §§180, 184
Uniforms - §180
Work Week - §186 - Fourth
FISCAL YEAR
220
FREE PUBLIC LIBRARY
See Library, Public)
FUNDS, SPECIAL
143
G-
GAS
Pipes - §40 (v)
Works - §40 (u)
GENERAL ELECTIONS
10 GENERAL SUPERVISION
50, 52
GUNPOWDER, STORAGE OF
40 (j)
GYMNASIUMS
40 (u)
H-
HOSPITALS
40 (l)
HOUSES OF ILL FAME
40 (I)
I-
INFRACTION
Violation of Ordinances - §40 (r)
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) vii
INITIATIVE
120
Election, Only One Every 12 Months - §120
Petition - §120
Veto by Mayor - §120 (a)
INMATES
40 (c)
J-
JAIL / HOLDING AREA
40 (o)
JOB ANTIL TRACT
2 K-
L-
LABOR CLASS
248 (2) (c)
LAWYERS, EMPLOYMENT
241
LEGAL COUNSEL, EMPLOYMENT
241
LIABILITY
Board of Water Commissioners
May Incur - §163 (4)
LIBRARIAN
Appointed by Library Board - §210
Salary - §211 - Fifth
LIBRARY, PUBLIC
40 (u)
Annual Tax Levy - §207
Board of Trustees - §205
Administer Trusts - §211 - Second
Annual Reports - §212
Compensation - §206
Fix Salaries - §211 - Fifth
Meetings - §210
Powers - §211
President - §205
Purchase Books - §211 - Fourth
Qualifications - § 206
Quorum - §210
Secretary - §205
Term of Office - § 205
Books
Non-Residents to Borrow - §211 - Sixth
Purchase - §211 - Fourth
Donations - §208
Librarian - §§210, 211
Memorial Tablets - §211 - Seventh
Niches - §211 - Seventh
Personal Property, Title to - §209
Property, Title to - §209
Reading Rooms - §211 - Fifth
Real Property, Title to - §209
LIBRARY FUND
143, 148
LICENSE FEE
40 (d)
M-
MAYOR
Age - §50
Audit - §50
Board of Water Commissioners - §160
Chief Executive Officer - § 50
Chief of Police, Appoints - §182
Discharge Employees - §52
Election - §14
Executive Order, Override of - §39
Full-Time - §24
General Supervision - §50
Observe Official Conductof Officers - §50
Park and Recreation Commissioners - §214
Preside at Council Meetings - §36
Residency - §50
Salary - §24
State of the City - §50
Supervision, General - §50
Suspend Employees - §52
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) viii
Vacancy
Power to Appoint - §51
TemporaryAbsence - §36
Veto - §120 (a)
Water Commissioners, Board of,
Appointment - §160
MAYOR PRO TEMPORE
Absence of Mayor - §36
Preside at Council Meetings in
Absence of Mayor - §36
Retains Vote - §36
MEETINGS
Board of Water Commissioners - §169
Council
See Council Meetings)
Library Board of Trustees - §210
MILITARY LEAVE
16 MISDEMEANORS
Council may define - § 40 (b)
Violation of ordinances - §40 (b)
MOTORCYCLE OFFICERS, TRAFFIC
186 - Third (a)
MUNICIPALAFFAIRS
1, 40 (b), 40 (z), 55 (d)
MUSEUMS
40 (u)
N-
NAME
1 NEPOTISM
243
NUISANCES
Council May Define - § 40 (c)
O-
OATH OF OFFICE
12, 161, 222
OATHS, CIVIL SERVICE BOARD
259
OFFICE HOURS
227
OFFICERS
Additional Duties - §40 (x)
Appointment - §40 (s)
Compensation - §40 (s)
Death - §15
Defamation - §50
Delivery of Property - §226
Deposit Money - §229
Duties - §40 (s)
Additional - §40 (x)
Not Defined - § 40 (x)
Elected - §13
Expenses, Reimbursement For - §234
Felony Conviction - §15
Holding Other Office - § 225
Exceptions
Court Commissioner - §225
National Guard - §225
Notary Public - §225
Vacation of City Office - § 225
Indebtedness Against the City - §139
Insanity - §15
Malfeasance
Audit - §50
Mayor to Observe Official Conduct - §50
Official Misconduct - §50
Qualifications - § 40 (s)
Recall - §122
Refusal to Qualify - §15
Refusal to Take Oath - §15
Residency - §15
Resignation - §15
Removal From Office - §§ 15, 34, 40 (s)
Term of Office - § 230
Vacancy - §§14-A, 15, 160, 193
Willful Neglect of Duty - §50
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) ix
OFFICIAL BONDS
12, 20, 21, 23
City Officials as Surety - §21
ORDINANCES
Adoption - §31
By Reference - §31
Only at Regular or Adjourned
Regular Meeting - §31
Alteration - §31
City Attorney to Draft - §55 (d)
City Clerk to Maintain Copies - §33
Demands Against the City - §135
Effective Date - §31
Emergency - §31
Enacting Clause - §§31-32
Enforcement of Rules and Regulations of
Board of Water Commissioners - §171
Mayor, Approval of - §31
Initiative - §120
Approval of - §31
Disapproval of - §31
Pre-existing - §223
Publication - §33
Validity - §33
Reading - §31
Reconsider - §121
Referendum - §121
Exceptions - §121
Summary - §33
Taxes - §131
Collection by County - §131
Urgency - §§31, 121
No Grant of Franchise - §121
Validity - §33
Violation misdemeanor or infraction - §40 (r)
OVERFLOW
40 (h)
OVERTIME
Fire Department - §186
P-
PARAMEDICS
186 - Third (c)
PARK AND RECREATION COMMISSION
213 - 219
Appeal to Council - §219
Appointment - §214
Council Members - §214
Mayor - §214
Chairman - §216
Compensation - §216
Duties - §217
Advise Mayor and Council - §217
Meetings - §216
Removal - §215
Secretary - §216
Term of Office - § 213
Vacancy - §§214, 215
PARKS - §§40 (k), 40 (u)
PERPETUAL SUCCESSION
1 PERSONAL PROPERTY
1, 40 (a)
Library - §209
Title to - §209
PESTHOUSES
40 (l)
PETITIONS
Initiative - §120
Recall - §122
Referendum - §121
POLICE DEPARTMENT
40 (g)
Badges - §180
Control
General, Mayor - §180
Immediate Supervision,
City Manager - §180
Rules and Regulations - §180
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) x
Discipline - §180
Education/Longevity Pay - §186 - Third (d)
Funds, Supervision by City Manager - §184
Membership - §181
Motorcycle Officers - § 186 - Third (a)
Positions - §§181, 186
Property and Equipment, Control
by City Manager - §184
Qualifications - § 180
Salaries - §§180, 186
Temporary Higher Rank - §186 - Third (b)
Traffic Enforcement - §186- Third (a)
Uniforms - §180
POUND
See Animals, Animal Shelter)
PRIMARY ELECTIONS
10 Election at - §10-A
PRISON
See Jail/Holding Area)
PROBATION
253
Periods Fixed by Mayor and Council - §253
PROPERTY, REAL AND PERSONAL
1,40 (a)
Bequests - §§1, 209
Donations - §1
Eminent Domain - §240
Library - §209
Sale of - §§1, 40 (a)
Title to - §209
Within or Without City Limits - §1
PROSTITUTION
40 (I)
PUBLIC LIBRARY
40 (u)
See also Library, Public)
PUBLIC RECORDS
Board of Water Commissioners - §165
Indexed - §60
Kept by City Clerk - §60
Open to Inspection - §§50, 60
PUBLIC SCHOOLS
40 (w)
PURCHASING
140
Q-
QUORUM
Board of Education - §194
Common Council - §30
Library Board of Trustees - §210
R-
RAILROAD TRACKS, CONSTRUCTION -
40 (v)
RAILWAYS, STREET
Construction - §40 (v)
Operation - §§40 (u), 40 (v)
REAL PROPERTY
1, 40 (a)
Eminent Domain - §240
Library - §209
Title to - §209
RECALL
122
Petition - §122
Only Once Every 6 Months - §122
Time of Holding Office - § 122
REFERENDUM
121
Exceptions - §121
Street Improvements - §121
Urgency - §121
Grant of Franchise - §121
Petitions - §121
RESIDENCE PREFERENCE
251
RESIDENCY
Council - §14-A
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) xi
Employment Preference - §251
RESOLUTIONS
City Attorney to Draft - §55 (d)
Effective Date - §31
Mayor
Approval of - §31
Disapproval of - §31
Pre-existing - §223
S-
SAN BERNARDINO UNIFIED SCHOOL
DISTRICT
200
See also Board of Education)
SCHOOLS, PUBLIC
40 (w), 190
SEAL
1 Kept by City Clerk - §60
Board of Water Commissioners - §168
SEWAGE DISPOSAL PLANTS
163
SEWER FUND
143, 149
SEWERS
40 (p)
Service charges - §134
SHIFTS
Fire Department - §186 - Third (e), Sixth (a)
SLAUGHTER HOUSES
40 (l)
STORAGE OF COMBUSTIBLE SUBSTANCES
40 (j)
STORM WATER
40 (p)
STREET RAILWAYS
40 (u)
STREETS
40 (q)
SUE AND DEFEND,
POWER TO
1 SUPERVISION, GENERAL
50 SUPPLIES
140
T-
TAX COLLECTOR
Chief of Police Ex-Officio - § 132
TAXES
40 (e)
Animal Licencing
Fee - §40 (y)
Assessment, Levy and Collection - §41
Collection by County - §131
Library Tax - §207
License fees - §40 (d)
TELEGRAPH LINES
40 (u), 40 (v)
TELEPHONE LINES
40 (u), 40 (v)
TERM OF OFFICE
Board of Education - §191
Board of Water Commissioners - §160
Commences - §13
General - §230
Library Board of Trustees - §205
Park and Recreation Commission - §213
Successor is elected and qualifies - § 10-A
TRAFFIC ENFORCEMENT MOTORCYCLE
OFFICERS
186 - Third (a)
TREASURER
See City Treasurer)
U-
UNCLASSIFIED SERVICE
248
UNCOMPETITIVE CLASS
248
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) xii
V-
VACANCY
Appointment by Mayor - §51
Term of Appointment - §§51, 230
Council - §14-A
Death - §15
Felony Conviction - §15
Insanity - §15
Mayor - §§36, 51
Refusal to Qualify - §15
Refusal to Take Oath - §15
Residency - §15
Resignation - §15
Removal From Office - § 15
VETERAN PREFERENCE
249
VETO
51, 90, 120 (a)
W-
WARDS
3 Change of Boundaries - §3
WASTE WATERTREATMENT PLANTS
163
WATER
40 (t)
Control System - §163
Pipes - §40 (v)
Sale and Use of - §164
WATER COMMISSIONERS, BOARD OF -
160 - 171
Annual Report - §167
Appointed by Mayor - §160
City Clerk Ex-Officio Secretary - §168
Compensation - §170
Duties - §160
Inventory - §§162, 167
Map - §166
Mayor and Council to Pass
Ordinances - §171
Meetings - §169
Oath - §161
Powers - §163
Collect Rates - §163
Collect Rentals - §163
Control Sewage Disposal Plants - §163
Control Waste Water
Treatment Plants - §163
Control Water System - §163
Employ Persons - §163
Incur Indebtedness - §163
Incur Liability - §163
Rules and Regulations - §163
President - §162
Public Records - §165
Qualifications - § 160
Removal - §160
Sale and Use of Water - §164
Seal - §168
Term of Office - § 160
WATER FUND
143, 146, 164
Transfers to General Fund - §164
WATER SYSTEM , CONTROL
163
X-
Y-
YEAR, FISCAL
220
Z-
Rev. October 2016]
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Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) City of San Bernardino
Charter
A
dopted by Voters November 8, 2016
Filed with the California Secretary of State January 31, 2017 Attachment 7 7.g
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Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards))
Table of Contents
PREAMBLE 1
ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1
Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2
Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2
Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5
Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7
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Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) San Bernardino Charter Page 2
Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8
Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10
Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................ 11 Article VIII: ELECTIONS 11
Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12
Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12
Section 1100. Severability .....................................................................................................12
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Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards))
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter.
ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries
The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law.
Section 101. Powers of the City
The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter.
Section 102. Interpretation of Powers
The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article.
Section 103. Rights and Succession
The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities.
All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter.
Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same
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Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) San Bernardino Charter Page 2
conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter.
No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained.
Section 104. Intergovernmental Relations
The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law.
ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of government.
ARTICLE III: CITY COUNCIL AND MAYOR
Section 300. General Powers and Duties
All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws.
Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals.
Section 301. Composition, Eligibility, and Terms
(a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office.
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Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City.
The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct.
The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity.
Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members.
The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member.
Section 303. Powers and Duties of the Mayor
The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter;
(b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council;
(c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members;
(d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law;
(f) Be the chief spokesperson for the City; and
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(g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office.
Section 304. Manners of Action
Actions of the Council require a simple majority vote of the quorum present for approval unless:
(a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council.
Section 305. Compensation; Expenses
Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position.
No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office.
Section 306. Prohibitions
(a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely
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discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager.
Section 307. Vacancies; Filling of Vacancies
(a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor.
(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance.
Section 308. Judge of Qualifications
The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office.
Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor.
ARTICLE IV: CITY MANAGER
Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall
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establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually.
Section 401. Powers and Duties
The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter.
The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter.
The City Manager shall:
(a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency;
(b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote;
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them;
(e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed;
(f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City;
(g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals;
(l) Be accountable for the implementation of Council goals and policies and the overall performance of the City;
(m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community;
(o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and
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(p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council.
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES
Section 501. General Provisions
The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner.
Section 502. Direction by City Manager
Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies.
With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies.
The City Manager may appoint one person to serve as the executive of two or more departments.
Section 503. Continuation of Departments
All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council.
Section 504. City Attorney
A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance.
Section 505. City Clerk
A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance.
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Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council.
Section 507. Services
The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare.
Section 508. Personnel System
All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department.
Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations.
Section 509. Official Bonds.
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.
There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission.
ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
Section 600. General Provisions
Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of
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boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter.
Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law.
Section 602. Library
A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall:
(a) Be responsible for providing adequate library services; (b) Appoint a Library Director;
(c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance.
Section 603. Water and Wastewater
A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities:
(a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law.
(b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems.
(d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law.
(e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council.
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(f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing.
(g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems.
Section 604. Personnel Commission
A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner.
The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City.
ARTICLE VII: FINANCIAL MANAGEMENT
Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message.
The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities.
It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable.
Section 702. Budget and Capital Improvement Program
The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan
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(CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.
The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation.
Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year.
Section 704. Independent Audit
The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years.
As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website.
Section 800. City
Elections
Article VIII: ELECTIONS
Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify.
To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year.
Section 801. Elective Officers; Terms
The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward
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by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years.
Section 802. Number of Wards
There shall be seven (7) wards.
Section 803. Adjustment of Ward Boundaries
Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws.
ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
Section 900. Initiative, Citizen Referendum and Recall
Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities.
ARTICLE X: CHARTER AMENDMENTS
Section 1000. Charter Amendments
Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities.
Section 1001. Periodic Review of Charter
By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government.
Section 1100.
Severability
ARTICLE XI: SEVERABILITY
If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected.
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