Agenda packet — Mayor and City Council, February 2, 2022 (part 1 of 3)

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, FEBRUARY 2, 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 To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup020222 . 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 February 2, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 1/28/2022

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
A. 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. 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
B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager)
Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 1/28/2022 7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

APPOINTMENTS

2. Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

3. Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

DISCUSSION

4. Mayor, City Council, and Candidate Residency Policy (All Wards) Recommendation
Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials.

5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 1/28/2022 And, if Council wishes:

2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment.

6. Assignment of American Rescue Plan Funds (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve:
a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program, and
d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and
3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received.

7. Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards)
Recommendation
Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section

2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months.

Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 1/28/2022

CONSENT CALENDAR

8. Final Reading of Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation
Adopt 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 $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter.

9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards)
Recommendation
Adopt 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.

10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2021.

11. Investment Portfolio Report for November 2021 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November 2021.

12. Police Dispatch Employees Memorandum of Understanding (All Wards) Recommendation
Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule.

13. Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)
Recommendation
Adopt Resolution No. 2022-23 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for representation in the United States District Court Case No. 5:20-CV1189-KK.

Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 1/28/2022

14. Accept FY 2019 Homeland Security Grant (All Wards)
Recommendation
Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the FY2019 Homeland Security Grant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247.

15. Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward 6)
Recommendation
Adopt Resolution No. 2022-15 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in support of the amendment.

16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards)
Recommendation
Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

17. Amendment No. 1 to Agreement with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards)
Recommendation
Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000.

18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation
Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project;

2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and

3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 1/28/2022 for a total amount of $241,031.

19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 13, Tax Zone No. 14 (Magic Wash) (Ward 3)
Recommendation
Adopt Resolution No. 2022-22 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein.

20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)
Recommendation
Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project;

2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1);

3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation
Adopt Resolution No. 2022-20 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

22. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435 W. (Ward 3)
Recommendation
Adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein.

Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 1/28/2022

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

23. Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes Within a One-Year Time Frame. (All Wards) (Council Member Reynoso)

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 16, 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 February 2, 2022 Regular Meeting of the Mayor 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 28, 2022.

I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda February 2, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 1/28/2022 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 approaching 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 Agency 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 the 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 the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment 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 present 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 raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action 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 Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council 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 February 2, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 1/28/2022

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 and City 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 submit 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 slip. Please 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 February 2, 2022
Mayor and City Council of the City of San Bernardino Page 11 Printed 1/28/2022 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 will be prompted by staff when the item is being discussed.

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Closed Session
City of San Bernardino
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
A. 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. 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
B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager)
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Appointment
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
Subject: Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A.

Lara with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

Background
The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations related to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi-media arts, cultural and architectural heritage 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 Council Member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 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.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

Attachments
Attachment 1 Commission application - Mr. Alfredo Quirarte Attachment 2 Resolution No. 2018-97
Ward: All
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2.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment

2.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment

2.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment

2.b
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Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment))

2.b
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Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment))

2.b
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Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment))

2.b
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Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment))

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Appointment
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
Subject: Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

Background
The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth and senior affairs within the City. Appointees to the commission must have relative experience or knowledge in the area of parks, recreation services, youth and senior services 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 Council member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 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 the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission with the term ending December 2022. Council Staff 3 Packet Pg. 22
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has verified that the appointee is a registered voter within the City.

Attachments
Attachment 1 Commission Application - Alfredo Quirarte
Attachment 2 Resolution No. 2018-47
Ward:All
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3.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission

3.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission

3.a
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Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission

3.b
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Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s

3.b
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Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s

3.b
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Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s

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Discussion
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Subject: Mayor, City Council and Candidate Residency Policy (All Wards)
Recommendation
Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials.

Background
The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that ensure City employees, elected and appointed officials operate under a clear set of guidelines that align with the laws and regulations that govern the City.

The City Clerk serves as the City's Elections Official and shall carry out or cause to be carried out all the duties imposed on the Elections Official by the California Elections Code, except those duties that may be carried out by the San Bernardino County Elections Official/Registrar of Voters for consolidated elections.

In accordance with the City Charter, the City will participate in the statewide Primary Election on June 7, 2022, and the statewide General Election on November 8, 2022, if a run-off election is necessary.

Discussion
In the City’s General election of November 3, 2020, the process for determining candidate residential eligibility was brought into question by an incumbent. City staff determined that there was no formal policy or process in place for determining how candidates shall provide proof of their residency within their respective ward and/or the City of San Bernardino.

The City Charter, Article III, Section 301(b). ‘Eligibility’ states the following: “Only registered voters of the City shall be eligible to hold the office of Council member or 4 Packet Pg. 30
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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.” Due to the Charter requirements and the lack of a formal residency policy, City staff have determined that there is a need to establish criteria regarding documentation necessary to demonstrate compliance with the City’s residency requirements for candidates of elected office. In addition to requiring candidates to sign an affidavit of residency under penalty of perjury, this policy will also increase transparency in the nomination process for local elected office, as well as continuing proof of residency throughout elected officials’ terms.
2021-2025 Key Strategic Targets and Goals
The proposed policy aligns with Key Target No. 1: Financial Stability - (d) Minimize risk and litigation exposure by establishing clear residency guidelines for candidates and elected officials.

Conclusion
Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials.

Fiscal Impact
There is no fiscal impact in adopting the residency policy.

Attachments
Attachment 1 Resolution 2022-24
Attachment 2 Resolution 2022-24 Exhibit A: Residency Policy Attachment 3 Affidavit of Residence
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Resolution No. 2022-
Resolution 2022-

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RESOLUTION NO. 2022-XXX

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING A RESIDENTIAL POLICY FOR

ELECTIONS CANDIDATES AND ELECTED OFFICIALS
WHEREAS, Section 301 of the City of San Bernardino Charter requires. 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; and
WHEREAS, in recent election cycles, there has been controversy regarding the residency of Council candidates; and
WHEREAS, there is a need to establish criteria regarding documentation necessary to demonstrate compliance with the City’s residency requirements for candidates of elected office and to increase transparency in the nomination process for local elected office.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council adopts the attached Elected Official Residency Policy (Exhibit "A") to establish criteria regarding documentation necessary to demonstrate compliance with the City’sresidency requirement inCity of San Bernardino City Charter Section 301.

SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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SECTION 6. Effective Date. This Resolution shall become effective immediately.

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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Resolution 2022-

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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 Resolution No. 2022-___, adopted at a regular meeting held on 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 - Resolution.No. 2022-24 Mayor, City Council and CandidateResidency Policy (All Wards) (8745 : Mayor, City Council City of San Bernardino
Residency Policy
Subject: Residency Policy for Elected Officials and Candidates for Elected Office Purpose: The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City.

Authority: Resolution No. 2022-24
SECTION 1

PURPOSE OF POLICY
The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent.

Objectives of Policy:

1. To establish what types of documentation are sufficient to establish residency pursuant to Charter section 301.

2. To establish what types of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials.

3. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino.

4. To adopt enabling legislation via a municipal resolution to establish necessary policies.

Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended.

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SECTION 2

RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing the County of San Bernardino Registrar of Voters proof of voter registration at a residential address in the respective Ward when that residence is claimed by a candidate running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the City Clerk to verify that candidates meet the 30-day residency requirement. This additional documentation must be current and valid in the candidate's name and residence address for a date not less than 30 days from the date the nomination paper is issued:

1. PROOF OF HOME OWNERSHIP/ RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or
If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate resided at the specified address at least 30 days prior to issuing the nomination paper; or
If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the candidate may have the landlord or property owner sign a notarized affidavit

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verifying, under penally of perjury, the candidate's residency in the landlord or owner's property.

2. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH
INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to a residence address in the respective Ward that residence is claimed for running for a City Council seat or at an address within the City for a Mayoral seat, the candidate must provide a document from the California Department of Motor Vehicles (Form DMV 14) verifying the change was in process no less than 30 days before the issuing of the nomination paper. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper issued.

3. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TV, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is no less than 30 days from the date of issuance of the nomination paper will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill.

4. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND NOT LESS THAN 30 DAYS:
a. School records or any official document issued by an accredited

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educational institution with current address sealed by the school. b. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address. c. Current homeowner or renter's insurance policy.
d. Current documents issued by any California court or federal court that lists the name of the candidate and the residence address.
e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal creditunion, or any institution or entity that has issued a credit card.

Additionally, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney verifying, under penalty of perjury, residency.

If the candidate fails to provide any two of the above-required documents (items 1-4) and the required affidavit, the candidate will not be issued the nomination paper for failure to meet the Charter Section 301 Ward residency requirement.

SECTION 3

PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES
Candidates are required to file all of the documents specified in Section 3 above with the San Bernardino City Clerk Office for verification at the time nomination papers are issued. The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following:

A. If all City residency requirements are satisfied pursuant to this Policy, the City Clerk’s Office will provide a correspondence by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or
B. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk’s Office will provide a correspondence by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re-submit the required

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documents for verification to the City Clerk; or
C. If the candidate either fails to complete verification of all of the requirements of this Policy within the prescribed lime limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will provide a correspondence by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or
D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will provide a correspondence by email or certified mail to the candidate confirming that the Policy's residency requirements have been met.

SECTION 4

PROVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office:

1. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or

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If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property

2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent or within the City for the Mayor. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of MotorVehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.

3. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember or within the City for the Mayor in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.

4. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor:
a. School records or any official document issued by an accredited

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educational institution, sealed by the school.
b. Current paycheck stub or personnel record issued by the elected official's employer.
c. Current homeowner or renter insurance policy.
d. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address. e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the Ward, or City for the Mayor, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 under Section 3 and an affidavit to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective Ward that residence is claimed for serving in a City Council seat or at a residence address within the City for a Mayoral seat.

Failure to provide any of the above-required documents on or before December 31st of each year shall be referred to the City Council for further action.

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SECTION 5

INVESTIGATION AND ENFORCEMENT
Any fraudulent residency complaints shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino District Attorney. The District Attorney shall have the discretion toinvestigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute.

Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law.

Nothing herein shall create a private course of action not already available under applicable law.

SECTION 6

TRANSPARENCY
The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk’s Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk’s Office.

A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy.

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SECTION 7
REVIEW
The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes.

SECTION 8

EFFECTIVE DATE
This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino.

Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24

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AFFIDAVIT OF RESIDENCE
Name ________________________________________________________________ Street Address _________________________________________________________ City, State _____________________________________________________________ Zip _________________
Date _________________
City Clerk,
I, ____________________________, formally acknowledge living at the street address of ______________________________, City of _________________, State of _____________ since _________________, _______.

I have attached the following documents for your consideration showing no less than 30 days of residency address from date of signing this affidavit:

Proof of Home Ownership/Rental Property
Proof of Motor Vehicle Registration
Utility Bill – electric, water, sewer, refuse, internet, cable TV or landline phone services Other: ________________________________________________________________ Furthermore, I swear and affirm under penalty of perjury that the facts set forth in this statement are true and accurate. Executed this ____ day of ____________, 20___, in ________________, California.
_____________________________
Declarant’s signature
_____________________________
Declarant’s name (printed)
ADOPTED BY RESOLUTION NO. 2022-XX
ON FEBRUARY 2, 2022

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Discussion
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes:

Background
The City of San Bernardino’s current City Charter was adopted by voters on November 8, 2016 and filed with the California Secretary of State on January 31, 2017. San Bernardino is a "charter" city as contrasted to a "general law" city. Under California law, a general law city’s powers are limited to those granted to it by State statute and from the general police 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 Constitution, and preemptive State law that addresses a matter of “statewide concern”. As a result, charter cities have more legal and operational latitude than do general law cities. The City Charter serves as the City's "constitution" and may only be amended by a majority vote of the people.
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On April 7, 2021, the City Council requested that staff prepare an overview of the process required to amend the City Charter including the possibility of changing from having a full-time to a part-time Mayor. On May 19, 2021, the City Council received a report on the process required to make an amendment to the City’s Charter. The contents of that report are summarized below.

Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities.

Under State law, there are a number of ways in which a charter amendment can be brought forward. These include:

1. The Charter Review Committee can draft an amendment for consideration by the City Council; or

2. The City Council can have a draft amendment prepared (with or without the input and recommendation of the Charter Review Committee); or

3. A citizen-led initiative petition signed by 15% of the City’s registered voters and which is otherwise in compliance with the Elections Code can be filed to place a charter amendment on the ballot. The proponents would have 180 days from the receipt of the title and summary to circulate the petition for signatures and the city would have a maximum of 60 working days to certify the signatures. If the petition is found sufficient (in proper form and has enough signatures) the Council would be required by law to place the charter amendment on the ballot for voter consideration.

Under State law, charter amendments may only be proposed to voters at a Statewide Primary Election, a Statewide General Election or at the City’s general municipal election, if different from the previous two dates. The next Statewide Primary Election will be June 7, 2022, and the next Statewide General Election will be November 8, 2022. The City’s general municipal election is held on the same date as the Statewide General Election, so only these two dates are available every two-year election cycle to propose charter amendments to the voters.

A Council/Committee proposed charter amendment must be called for the ballot at least 95 days before the scheduled election while a citizen-led initiative amendment must be called at least 88 days before the scheduled election. This results in the following deadlines to place a charter amendment on the ballot for consideration by voters in 2022:
• Council/Committee Proposed (95-day):
a) March 4, 2022, for June 7, 2022, election
b) August 5, 2022, for November 8, 2022, election
• Citizen Initiative (88-day):
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a) March 11, 2022, for June 7, 2022, election
b) August 12, 2022, for November 8, 2022, election.

At its May 19, 2021 meeting, the City Council voted on a motion that:
a) Directed staff to draft language for a ballot measure to eliminate the position of the full-time elected at-large Mayor to be placed on the June 7, 2022, primary election ballot;
b) Take necessary action to accomplish the request that if the amendment passes it take effect immediately at the end of the current Mayors term; and c) Come up with a process to elect a rotating Mayor.

Discussion
Under the current City Charter, the City of San Bernardino (“City”) is governed by an elective Mayor and a City Council consisting of seven council members elected by wards. The Mayor is not a member of the City Council and does not have the authority to vote, except in circumstances specified in the City Charter. The elective Mayor serves a four-year term. Previously the elective office of Mayor operated within the context of a strong-mayor form of municipal government. Under this form of government, the elective Mayor had certain administrative powers and authority over staff. When the voters of the City of San Bernardino voted to approve various amendments to the City Charter in 2016, it replaced the strong-mayor form of government and adopted a council-manager form of government which significantly reduced the role and authority of the elective mayor.

The Charter amendment left the elective mayor office in place, along with limited duties and responsibilities. On May 19, 2021, the City Council directed the City Manager to research and prepare a proposed ballot measure aimed at amending the City Charter to eliminate the elective office of mayor and establish a form of governance whereby the role of mayor is fulfilled by a member of the City Council, selected by their colleagues.

In order to place a proposed measure on the ballot for the June 7, 2022, election for purposes of submitting to the electors the question of whether to amend the City Charter to eliminate the elective office of mayor, the City Council must set forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot.

City Council may also direct the City Clerk to transmit a copy of the measure to the City Attorney for an impartial analysis in accordance with Elections Code section 9280. If so transmitted, the City Attorney must prepare an impartial analysis of no more than 500 words, showing the effect of the measure on the existing law and the operation of the measure. The analysis must also state that the measure was placed on the ballot by the City Council and be printed before the arguments for and against the measure included on the ballot. For measures placed on the ballot by City Council, any member of the City Council or an individual voter eligible to vote on the measure may file a written argument for or against the city measure. (See Elections Code, § 9282). Other technical rules governing the submission and publication of written arguments are set forth in 5 Packet Pg. 47
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Elections Code sections 9282 to 9287 and are generally incorporated into the suggested timeline contained in this report.

In accordance with the above-mentioned procedure and additional state requirements, below is a suggested timeline for placement of the Proposed Measure on the June 7, 2022, election ballot:

• February 2, 2022 - City Council adopts a resolution that does all of the following:

1. Calls for an election to be held on June 7, 2022, for purposes of submitting the Proposed Measure to the voters;

2. Provides the exact form of the Proposed Measure to appear on the ballot;

3. Orders and requests the election on the Proposed Measure be consolidated with the primary municipal to be held on June 7, 2022;

4. Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418;

5. Requests that the Board of Supervisors permit the Registrar-Recorder/County Clerk to render specified elections services for the City, including preparation of the City’s election materials;

6. Directs the City Clerk to fix a reasonable date for preparing and printing ballots, arguments, and analysis (see Elec. Code, § 9286); and

7. Authorizes the City Council (or certain Councilmembers) to file an argument regarding the Proposed Measure (see Elec. Code, § 9282) (optional). • February 2022 - City Clerk files Resolution adopted by the Mayor and City Council on February 2, 2022, with Registrar-Recorder/County Clerk requesting the consolidation, ballot measure placement, services, etc. • March 2022 - City Clerk publishes: (1) a synopsis of the Proposed Measure in a newspaper of general circulation (see Elec. Code, § 12111); and (2) reasonable deadlines for submission of impartial analysis, arguments, rebuttals, and 10-day public examination period(s) (see Elec. Code, § 9286).
• March 2022 - City Attorney submits impartial analysis to City Clerk per deadline set by City Clerk.
• March/April 2022 - Arguments to be filed with City Clerk per published deadlines:
o March 21, 2022 at 12:00 p.m. - Primary arguments for or against Proposed Measure to be filed with City Clerk
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o March 25, 2022 at 5:00 p.m. - Rebuttals to arguments to be filed with City Clerk (see Elec. Code, § 9285(a)(4))
o 10-Day Public Examination Period(s): City Clerk shall schedule any public examination period(s) in accordance with State law (see e.g., Elec. Code §§ 9286, 9295(a)).
• June 7, 2022 - Election Day.

It should be noted that this is a suggested timeline, and deadlines without specific dates that are subject to some discretion should be decided in coordination with the County Registrar of Voters.

A copy of the draft City Charter amendment eliminating the elected at-large Mayor, replaced by a governance model with a Mayor selected on an annual basis from among the seven elected council members by a majority vote of the City Council, is available in its entirety in clean form as part of the proposed resolution attached as Attachment 1. A redline version showing the proposed changes from the current City Charter is attached hereto as Attachment 2. The current City Charter filed with the California Secretary of State on January 31, 2017, is attached hereto as Attachment 3. 2021-2025 Key Strategic Targets and Goals
The review and consideration of a City Charter amendment aligns with Key Target No. 2: Focused, Aligned Leadership.

Fiscal Impact
There is no financial impact associated with the consideration of a City Charter amendment beyond staff time. If Council decides to move forward with placing the charter amendment on the 2022 ballot, there will be a fiscal impact of $50,000. If the charter amendment is approved by voters, there will be an annual savings of $367,096 with the elimination of the elected at-large Mayor.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes:

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directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment.

Attachments
Attachment 1 Resolution No. 2022-25 - Calling for the placement of a charter amendment on the June 7, 2022 ballot
Attachment 2 Draft City Charter (Redline)
Attachment 3 Current City Charter
Ward: All
Synopsis of Previous Council Actions:

April 7, 2021 The Mayor and City Council requested that staff prepare an overview of the process required to amend the city charter including the possibility of transitioning a full-time to part-time position.

May 19, 2021 The Mayor and City Council received a report on the process required to make an amendment to the City’s Charter. After discussion, the City Council voted on a motion requesting staff draft an amendment for Council consideration to be placed on the June 7, 2022, ballot. The proposed amendment to the city’s charter would eliminate the position of a full-time elected at-large Mayor. 5 Packet Pg. 50
RESOLUTION NO. 2022-25

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY

OF SAN BERNARDINO, CALIFORNIA, SUBMITTING TO THE

QUALIFIED VOTERS OF THE CITY A PROPOSED AMENDMENT TO

THE CITY CHARTER TO ELIMINATE THE OFFICE OF THE ELECTED

AT-LARGE MAYOR AND REPLACE IT WITH A MAYOR APPOINTED

ON AN ANNUAL BASIS FROM AMONG THE SEVEN ELECTED

COUNCILMEMBERS AT A PRIMARY MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO
BE HELD JUNE 7, 2022; DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER
AMENDMENT; AND PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF

WRITTEN ARGUMENTS REGARDING THE PROPOSED CHARTER

AMENDMENT
WHEREAS, the City of San Bernardino (“City”) is governed by an at-large elective Mayor and a City Council consisting of seven councilmembers elected by wards; and WHEREAS, the Mayor is not a member of City Council and does not have the authority to vote, except in circumstances specified in the City Charter; and WHEREAS, the voters of the City of San Bernardino voted to approve various amendments to the City Charter in 2016, including replacing the strong-mayor form of government with a city manager form of government; and
WHEREAS, previously, the elective office of Mayor operated within the context of a strong-mayor form of municipal government; and
WHEREAS, as the City has implemented the council-manager form of government mandated by the City Charter, it has become clear that the separately elected position of Mayor is a source of tension with the governance model; and
WHEREAS, on April 7, 2021, the City Council requested that staff prepare an overview of the process to amend the City Charter including the possibility of changing from having a fulltime elected Mayor to a part-time appointed Mayor; and WHEREAS, on May 19, 2021, the City Council received a report on the process to amend the City’s Charter and directed staff to draft an amendment for Council consideration to be placed on the June 7, 2022 Primary Municipal Election ballot which would eliminate the office of a fulltime at-large elected Mayor and replace it with a Mayor appointed on an annual basis from among the seven by-ward elected City Councilmembers; and
WHEREAS, Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter WHEREAS, pursuant to authority provided by California Constitution, Article XI, San Bernardino City Charter Section 1000, California Government Code Sections 34450 et. seq. and California Elections Code Sections 1415 and 9255, the City Council of the City of San Bernardino desires to submit to the voters a proposed amendment to the City Charter which would eliminate the office of the elected at-large Mayor and replace the governance model with a Mayor appointed on an annual basis from among the seven by-ward elected Councilmembers, as more specifically set forth therein (the “Charter Amendment” or “Measure”); and WHEREAS, California Constitution, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and
WHEREAS, pursuant to California Elections Code sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter Amendment to the voters at the Primary Municipal Election to be held on June 7, 2022; and WHEREAS, the City Council desires to consolidate the Primary Municipal Election for the Charter Amendment described herein with the Statewide Primary Election to be held on June 7, 2022; and
WHEREAS, the City Council further desires to set deadlines and rules for primary and rebuttal arguments for and against the Charter Amendment.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Recitals. The Mayor and City Council of the City hereby find and determine that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Submission of Charter Amendment. The Mayor and City Council of the City, pursuant to its right and authority as contained in California Constitution, Art. XI, Section 3, San Bernardino City Charter section 1000, California Government Code, Sections 34450 et. seq., and California Elections Code, Sections 1415 and 9255, and any other applicable requirements of the laws of the State of California relating to charter cities, hereby calls and orders to be held a Primary Municipal Election in the City of San Bernardino to be consolidated with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to a vote of the qualified electors of the City of San Bernardino the following proposed Charter Amendment:
“Shall the City Charter of San Bernardino be amended to eliminate the at-large elected office of Mayor and replace the office with a Mayor appointed on an annual basis from among the seven elected councilmembers by a majority vote, and to make further amendments to align the City Charter’s provisions to reflect the change to an appointed Mayor?”
YES
NO

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter SECTION 3. Text of Charter Amendment. The text of the Charter Amendment to be submitted to the voters is attached hereto as Exhibit “A and incorporated herein by this reference.

SECTION 4. Election Procedures.

A. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to the voters the Charter Amendment.

B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the San Bernardino County Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolidated election.

C. Canvass of Returns. The San Bernardino County Registrar of Voters/Elections Official is authorized to canvass the returns and perform all other proceedings incidental to and connected with the Primary Municipal Election for the Charter Amendment. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election.

D. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the Primary Municipal Election with the Statewide Primary Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law.

F. City Clerk Authorized to Coordinate with County. The City Clerk is authorized, instructed and directed, in coordination with the San Bernardino County Registrar of Voters/Elections Official, to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

G. Opening and Operation of Polls, Vote Centers, Etc. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-bymail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.

H. Election to Follow Applicable Law. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter I. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

J. Tallying of Ballots. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

K. Receipt of Election Results. The City Clerk of the City of San Bernardino shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Direct Arguments and City Attorney’s Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above Charter Amendment, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Charter Amendment, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including March 21, 2022 at 12:00 p.m. after which no arguments for or against the Charter Amendment may be submitted to the City Clerk. Arguments in favor of or against the Charter Amendment shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City Attorney shall prepare an impartial analysis of the Charter Amendment, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing law and the operation of the Charter Amendment. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Charter Amendment as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Charter Amendment was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the Impartial Analysis, in no less than 10-font bold type, the following: “The above statement is an Impartial Analysis of Charter Amendment/Measure ____. If you desire a copy of the Charter Amendment/Measure, please call the election official’s office at

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter (909) 384-5002 and a copy will be mailed at no cost to you.” SECTION 6. Rebuttals.

A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Charter Amendment which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Charter Amendment to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than March 25, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. That the provisions herein shall apply only to the election to be held on June 7, 2022.

SECTION 7. Placement on the Ballot. The full text of the Charter Amendment shall not be printed in the voter information guide, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter Amendment/Measure, at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Charter Amendment attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters/Elections Official of San Bernardino County.

SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The Mayor and City Council hereby find and determine that this Resolution and the Charter Amendment relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter EXHIBIT “A”
CHARTER AMENDMENT/MEASURE “___”

THE PEOPLE OF THE CITY OF SAN BERNARDINO DO HEREBY AMEND THE SAN BERNARDINO CITY CHARTER AS FOLLOWS:

SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of San Bernardino at the scheduled election so designated by City Council resolution placing the proposal on the ballot for such election, the San Bernardino City Charter is hereby amended to read as follows:
“

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

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 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
Section 300. General Powers and Duties
All powers of the City shall be vested in the City Council (“Council”). 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.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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. 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.

Section 302. Powers and Duties of the Council
The Council shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council shall operate as a single unit to serve the best interests of the City.

The Council 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 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.

Section 303. Selection, Powers, and Duties of the Mayor and Mayor Pro Tempore At its second meeting in December of each calendar year, the Council shall select a Mayor and Mayor Pro Tempore from one of its own members by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both.

The Mayor shall have the following powers and perform the following duties, in addition to that official’s powers and duties as a Council Member:
(a) Preside over meetings of the Council;
(b) Nominate the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), subject to Council ratification;
(c) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law;
(d) Represent the City in community and governmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and
(e) Execute all ordinances, resolutions, contracts, and other documents as may be requested by the City Council or required by applicable law.

The Mayor shall have no administrative, appointment, or removal powers except as otherwise provided in this Charter.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present.

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 four affirmative votes of the Council.

Section 305. Compensation; Expenses
Compensation for the 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.

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. 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 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. No 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 members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees.
(d) Interference with Administration. No Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The 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

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter (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.
(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.

ARTICLE IV: CITY MANAGER
Section 400. City Manager Appointment, Qualifications and Compensation The Council, by a vote of a majority of the 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 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 Council shall establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually.

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.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter responsibility, brief the 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 Council and implement the final budget approved by the Council to achieve the goals of the City;
(g) Submit to the 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 Council may request regarding operations; (i) Make recommendations to the Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Council members; (k) Assist the 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 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 (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, 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.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 a majority of the entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the 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 a majority of the entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the 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.

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.

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Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 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 a majority of the 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 majority of the entire Council, as provided in section 304(b) to serve without compensation. The 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.

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A Water Board of five (5) Commissioners shall be appointed by a vote of a majority of the entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. 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. (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing.
(g) Collaborate with the Council 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 majority of the entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The 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

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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 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 (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 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.

Article VIII: ELECTIONS
Section 800. City Elections

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Section 801. Elective Officers; Terms
The elective officers of the City shall consist of 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 by the voters within that ward.

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.

ARTICLE XI: SEVERABILITY
Section 1100. Severability

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SECTION 2. Approval, Filing and Recordation of Charter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the San Bernardino County Recorder’s Office, (ii) file one copy in the City’s archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City’s archives shall also be filed with the following documents:

A. Certified copies of all publications and notices required of the City by State law in connection with the calling of an election to propose the Charter Amendment.

B. Certified copies of any arguments for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq.

C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters.

SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of San Bernardino voting at the Primary Municipal Election of June 7, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.

SECTION 4. Severability. If any provision of this Charter Amendment or the application thereof to any person or circumstance is held invalid, the remainder of the Charter Amendment and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the foregoing Charter Amendment was PASSED, APPROVED AND ADOPTED by the People of the City of San Bernardino on the 7 th day of June, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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Approved as to form:

Sonia Carvalho, City Attorney

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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 2ARTICLE III: CITY
COUNCIL 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 3Section 303. Selection, Powers, and Duties of the Mayor and Mayor Pro Tempore 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

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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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PROPOSED 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,

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.

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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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.

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.

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 togetheras a single unit 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.

Section 303. Selection, Powers, and Duties of the Mayor and Mayor Pro Tempore TheAt its second meeting in December of each calendar year, the Council shall select a Mayor and 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 by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both.

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 Charterthat official’s powers and duties as a Council Member:
(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;
(a) (b) Have the authority to veto any Council action approved by fewer than five (5) membersPreside over meetings 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; (b) (d) AppointNominate the members and officers of Council committees (committees

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made up wholly of less than a majority of City Council members), and perform other duties as specified by thesubject to Council ratification; (c) (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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(d) (g) Represent the City in intergovernmentalcommunity and governmental 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
(e) (h) Execute all ordinances, resolutions and, contracts approved, and other documents as may be requested by the City Council except as otherwise authorized by the City Councilor required by applicable law.

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.

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 the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present.

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.

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 anyNo 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

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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 anyNo 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.

ARTICLE IV: CITY MANAGER
Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of a majority 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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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.

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 a majority 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 a majority 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.

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.

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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 a majority 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 andmajority of the 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 a majority of the Mayor and entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. 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 andmajority of the 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.

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
(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.

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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 by the voters within that ward.

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.

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.

Article VIII: ELECTIONS
Section 800. City Elections
Article VIII: ELECTIONS

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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.
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.

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.

ARTICLE XI: SEVERABILITY
Section 1100. Severability ARTICLE XI: SEVERABILITY

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Charter
Adopted by Voters November 8, 2016
Filed with the California Secretary of State January 31, 2017

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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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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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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,

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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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.

ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of government.

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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, shall create and implement a plan to maintain the City’s fiscal integrity.

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.

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 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.

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.

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.

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 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 509. Official Bonds.

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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.

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 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.

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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.

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 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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Discussion
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Assignment of American Rescue Plan Funds (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve:
a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program, and
d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and
3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received.

Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan Act. The City received $38.5 million in May 2021, and the remainder of the funds are anticipated to be received in 2022. Treasury issued the final rule for the use of the funds on January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City is working within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other allowable investments.
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Within the allowable investments are public outdoor spaces (parks and recreation facilities, trails, public squares) in QCTs, assistance for small businesses and/or nonprofits that can demonstrate a negative impact from COVID-19, aid to households, violence intervention programs, water, sewer, and storm drain improvements, and built environment and building façade improvements.

The Mayor and City Council have committed the following ARP funds:

Violence Intervention Program $1,000,000
Graffiti, Clean-up, Paintbrush Program $2,000,000
Lead Connector Replacement Program $5,160,000
TOTAL: $8,160,000
Council requested that staff evaluate the possibility of a small business/non-profit grant program, a use of the funds that is specifically eligible with some limitations.

Council also asked that $9,000,000 of the ARP funds be “reserved” for the renovation of Seccombe Lake Park in the event that the City was unsuccessful in obtaining the California Statewide Park Development and Community Revitalization Grant for $8,500,000. The planned renovation at Seccombe Lake includes a walking and biking trail, new turf, drought tolerant planting, new playgrounds, new picnic areas with barbecue amenities, and new restrooms, among other improvements, including the decorative and secure perimeter fencing, which is in progress and anticipated to be completed in mid-February. At forty-four acres, Seccombe Lake is the second largest park in the City and is centrally located close to downtown. When the State announced the $548.3 million in grant awards through the California Statewide Park Development and Community Revitalization Grant Program in December 2021, none of the City’s projects received funding.

Discussion
Small Business and Non-Profit Assistance. Providing assistance to small businesses and non-profits that can demonstrate a negative impact from the COVID-19 pandemic is specifically allowed under the current rules and is a priority of Council. Staff recommends an allocation of $4,000,000 to establish a grant program. The final rule and compliance and reporting guidance establish the following foundational criteria for such a program:

1. Applicant must have experienced a negative economic impact due to the pandemic.
a. Business/non-profit can provide proof of negative impact, or b. Business/non-profit is part of a class or serves an area that is presumed to have been impacted or disproportionately impacted.

2. Business applicants must be a “small” business.
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500 employees.
b. Council may develop a more restrictive, but not less restrictive, definition for the program.

3. Assistance is allowed for existing businesses or start-ups if the start-up can be shown to be part of a disproportionately impacted class.

4. Grant applications should contain information including:
a. How the funds will help to mitigate the negative economic impact of the pandemic, and/or
b. How the funds will improve future financial resiliency.

5. Grants may be for operating and/or capital needs.
a. Operating
i. Payment of regular expenses (e.g., payroll, utilities, rent) ii.Purchase of non-capital equipment (e.g., computers)
b. Capital
i. Investments in building systems (e.g., HVAC)
ii.Purchase of capital equipment (e.g., vehicles)
(Treasury.gov, Coronavirus State and Local Fiscal Recovery Funds, Final Rule, January 6, 2022)
Other parameters, such as requiring a business or non-profit be locally owned, or have a location within the City, are not specified by Treasury. Staff recommends that a business or non-profit should have a location in San Bernardino or be able to prove that they serve the San Bernardino community. Staff will review State guidelines for grant eligibility to determine if they can be used within the requirements provided by Treasury.

Additionally, Treasury has provided examples of successful grant programs to aid in the development of the application process and criteria for award for staff to reference if State guidelines are not alignment with the final rule, including the City of Austin’s Small Business Relief Grant program. (<https://www.austintexas.gov/department/austin-smallbusiness-relief-grant>) Direct beneficiary grants of up to $50,000 do not require detailed obligation information and performance reporting by the grantee after the award. Council guidance was for grants of $5,000 to $35,000. Setting a minimum helps to limit staff time reviewing applications for very small awards and ensures that the amount of the awards is substantive enough to make a difference. Any maximum up to $50,000 enables the City to have a positive impact without burdening the grantees with performance reporting. (Coronavirus State and Local Fiscal Recovery Funds, Compliance and Reporting Guidance Update 2.1, November 15, 2021).

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Latino-owned/Black-owned businesses in the City of San Bernardino. This would include but is not limited to access to capital, cross-sector supplier diversity, business ecosystem growth, and accelerator/incubator facilities that target entrepreneurs in the City.

The structure of the program for applicants is not specified by Treasury and there are options for implementation. The City can either set a timeframe for applications with a set due date or allow rolling applications until the dedicated funds are exhausted. In either case, staff recommends dedicating the funds in two tranches of $1,500,000 each (exclusive of Aspen Institute initiative funding). Rolling applications is more manageable for staff; applications can be reviewed as they come in as opposed to requiring dedicated staff to review all applications in a short timeframe.

With approval, staff will work to develop applications and award criteria, with a goal of accepting applications beginning in May 2022, and making awards beginning July 1.

Seccombe Lake. Seccombe Lake Park is in the First Ward and in census tract 58.00, a QCT, making it eligible for the use of ARP funds under the current rules. (State and Local Fiscal Recovery Funds, Frequently Asked Questions 2.18, 2021) As discussed above, Council asked that $9,000,000 of ARP funds be reserved for the Seccombe Lake Park project in case the City did not receive State grant funding. Just days after learning that the City was not awarded State grant funding, the City received notice of a grant award of $1,000,000 toward the project from the San Manuel Band of Mission Indians. This funding will provide much needed financial assistance for the project.

Nevertheless, staff recommends committing the originally planned $9,000,000 to ensure that the project is adequately funded in light of significant increases in construction costs and materials.

It is important to note that the assignment of ARP funds to Seccombe Lake Park does not displace funding for any of the other park projects that are eligible for funding with ARP funds. These include playground equipment at Manuel Moreno and Nuñez Parks (Ward 1), baseball and softball field refurbishment at Encanto (Ward 6) and Fiscalini (Ward 2) Fields, and the full redevelopment of Delmann Heights Park (Ward 6).

Nicholson Park. The redevelopment of Nicholson Park (Ward 6) is a necessary improvement for the neighborhood served by the park. Closed for more than eight years, the decline of the park has become a symbol of the City’s neglect of community assets during and after the bankruptcy. The park serves a diverse neighborhood that includes several mobile home parks. The estimated cost for a complete renovation of the park is $10,000,000. The City has received permission from the Department of Housing and Urban Development (HUD) to use $1,000,000 in CDBG funds toward the Nicholson Park renovation and will also use the $150,000 received as a settlement for Meadowbrook Bridge, bringing the commitment of ARP funds needed to complete the project to $8,850,000.

Staff has included Nicholson Park in the ARP funding plan; however, Nicholson Park is not located in a QCT. It is in census tract 44.01, which is not a QCT but serves a 6 Packet Pg. 107
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population that includes a QCT (census tract 44.04). Staff submitted a request to the US Treasury Department for clarification of eligibility because, as noted above, the City has received authorization to use HUD CDBG funding for Nicholson Park based on the service area. The Treasury Department has responded that there will be no preauthorization or pre-approval of projects for any ARP fund recipients. The uncertainty makes funding Nicholson Park with ARP funds a risk; however, given the direction from Treasury in the final rule to use demographic and community information to justify investments, staff believes that Nicholson Park falls within the spending guidelines.

The final rule expanded the list of enumerated projects that are generally eligible if a neighborhood is identified as having been disproportionately impacted by the pandemic.

Specifically, Treasury has provided a rule for determining the impact of the pandemic by geographic area using Area Median Income (AMI). Areas that can be designated “lowincome” can be presumed to have suffered a greater negative economic impact from the pandemic. Low-income areas are identified by comparing the median income of the specific area (in this case census tract 44.01) to a calculated low-income threshold for a family of three for the County in which the area is located. The County of San Bernardino low-income threshold is $40,626 and the AMI for Census Tract 44.01 is $34,524, well below the threshold. Because Nicholson Park serves a low-income area in tract 44.01 and serves tract 44.04, a QCT, staff believes that renovating the park falls within the allowable use of ARP funds. (Treasury.gov, State and Local Fiscal Recovery Funds, Tool for Determining Low and Moderate Income (LMI) Households <https://home.treasury.gov/system/files/136/SLFRF-LMI-tool.xlsx>, 2022.) Additionally, Nicholson Park serves an area with high gang activity. Having a usable park with programming available for neighborhood youth is a key component in violence intervention, an area of investment that is specifically allowed under the final rule. (Treasury.gov, Coronavirus State and Local Fiscal Recovery Funds, Final Rule, January 6, 2022.)
Both the Seccombe Lake and Nicholson Park projects, because they are capital investments of more than $1,000,000, require the City to submit written justification to Treasury for the projects. The final rule discussion of capital investments is focused on the timing of projects as part of a response to the pandemic. The rule states, “the time required for a large construction project may make capital expenditures less responsive to pandemic-related needs relative to other types of responses.” (Coronavirus State and Local Fiscal Recovery Funds, Final Rule: Overview of General Standards, January 2022) In the case of these two parks, the City of San Bernardino is uniquely able to address health outcomes with the capital investment of ARP funds, and do so within a shorter timeframe because of the extent of community outreach and planning that has already been completed.

Other Parks Projects. The final rule reiterates previous guidance that investments in disproportionately impacted neighborhoods, including parks, trails and other improvements that can be linked to better health outcomes are eligible for ARP funds. (Coronavirus State and Local Fiscal Recovery Funds, Overview of the Final Rule, January 2022) The following projects are eligible and located within QCTs. 6 Packet Pg. 108
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Park and Ward Project Cost
Roosevelt Bowl (Ward 2) Renovation $600,000
Lytle Creek Park (Ward 3) Conversion of disused
parking lot to a soccer field
$600,000
TOTAL $1,200,000
Both of these investments make improvements that encourage use of the City’s parks and enable outdoor activities with social distancing. The Roosevelt Bowl can host outdoor events that are safer for residents during the pandemic. The improvement to Lytle Creek will provide more opportunity for youth in the surrounding neighborhoods to engage in healthy outdoor activity, which is linked not only to improvements in health outcomes but also is a key part of violence intervention and reduction programs.

Council’s direction to use ARP funds for the City’s parks, violence intervention program, aid for small businesses, graffiti abatement, clean-up of abandoned store fronts and replacement of lead water service connectors are key investments in the community that, in addition to the significant investments in infrastructure improvements citywide, demonstrate a commitment to the City and the residents of San Bernardino. Staff will continue to monitor guidance from Treasury on the use of ARP funds for additional investment opportunities and update the Mayor and City Council. 2021-2025 Key Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined aligns with Key Target No. 3.

Improved Quality of Life by investing in projects and services that positively impact health, access to shelter and services, and improve the outdoor and built environment in the San Bernardino community.

Fiscal Impact
There is no General Fund fiscal impact associated with the use of American Rescue Plan funds.

Capital Projects
Revenue (American Rescue Plan Reserve) $(23,050,000)
Expenditures
Small Business/Non-Profit Assistance Grants 4,000,000
Seccombe Lake Park Renovation 9,000,000
Nicholson Park Renovation 8,850,000
Roosevelt Bowl Renovation 600,000
Lytle Creek Parking Lot/Soccer Field 600,000
Total Planned Expenditures $ 23,050,000
NET $ -0-
American Rescue Plan Act State and Local Fiscal Recovery Funds Reconciliation Funds Received $ 38,500,000
6 Packet Pg. 109
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Funds to be received May 2022 38,500,000
TOTAL ARP funds 77,000,000
Commitments
Violence Intervention Program 1,000,000
Graffiti, Clean-up and Paintbrush Program 2,000,000
Water Lead Service Connector Replacement Prog. 5,160,000 Small Business/Non-Profit Grant Program 4,000,000
Seccombe Lake Park 9,000,000
Nicholson Park 8,850,000
Roosevelt Bowl 600,000
Lytle Creek Soccer Field 600,000
TOTAL Commitments 31,210,000
Remaining ARP Funds to be assigned $ 45,790,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve:
a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program, and
d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and
3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received.

Attachments
Attachment 1 Resolution No. 2022-26
Attachment 2 Qualified Census Tract Map Overlay
Attachment 3 Seccombe Lake Park project map
Attachment 4 Nicholson Park project map
Attachment 5 Presentation Slides
6 Packet Pg. 110
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Ward: All
Synopsis of Previous Council Action:

August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds.

October 20, 2021 Mayor and Council committed American Rescue Plan funds to eligible projects and programs, and amended the 2021/22 Budget by $8,160,000. Resolution 2021-247
6 Packet Pg. 111
Resolution No. 2022-
Resolution 2022-

Page 1 of 4 ends

RESOLUTION NO.______

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, ASSIGNING

FUNDS FROM THE AMERICAN RESCUE PLAN (ARP) HELD
IN RESERVE: $9,000,000 TO THE SECCOMBE LAKE PARK
PROJECT IN LIEU OF FUTURE GRANT FUNDING, $8,850,000

TO THE NICHOLSON PARK PROJECT IN LIEU OF FUTURE
GRANT FUNDING, $4,000,000 TO THE SMALL BUSINESS AND
NON-PROFIT ASSISTANCE GRANT PROGRAM, $1,200,000

FOR RENOVATION OF THE ROOSEVELT BOWL AND THE

CONVERSION OF THE DISUSED PARKING LOT IN LYTLE
CREEK PARK TO A SOCCER FIELD; AUTHORIZING THE
FINANCE DIRECTOR TO AMEND THE FISCAL YEAR 2021/22
CAPITAL BUDGET BY $23,050,000; AND DIRECT THE CITY

MANAGER TO CONTINUE TO PURSUE GRANT

OPPORTUNITIES FOR THE SECCOMBE LAKE

RENOVATION PROJECT AND THE NICHOLSON PARK

RENOVATION PROJECT AND IF GRANTS FUNDS BECOME

AVAILABLE BEFORE THE DEADLINE FOR COMMITTING

ARP FUNDS, AUTHORIZING THE FINANCE DIRECTOR TO

REASSIGN BACK TO RESERVES FOR REALLOCATION BY

COUNCIL THE ARP FUNDS HEREIN ASSIGNED FOR

SECCOMBE LAKE OR NICHOLSON PARK IN LIEU OF

GRANT FUNDS IN THE EQUIVALENT AMOUNT OF ANY

GRANT RECEIVED
WHEREAS, the City considers the Seccombe Lake Park renovation project an important project to move the City forward and to build community; and WHEREAS, the City did not receive grant funding for the Seccombe Lake Park renovation project from the California Statewide Park Development and Community Revitalization Grant Program; and
WHEREAS, the City recognizes Nicholson Park, the Roosevelt Bowl and Lytle Creek Park as important community assets that serves low-income areas; and WHEREAS, parks and recreation facilities are critical to the health and well-being of San Bernardino residents; and
WHEREAS, a small business and non-profit grant program will help the community and residents recover from the COVID-19 pandemic; and
WHEREAS, the City of San Bernardino has been granted $77 million in American Rescue Plan Act funds; and

6.a
Packet Pg. 112 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022-
Resolution 2022-

Page 2 of 4 ends

WHEREAS, the City has received $38.5 million and anticipates receiving the remaining $38.5 million in mid-2022; and
WHEREAS, the final rule for the use of ARP funds provides guidance that indicates that all of the above projects are eligible for ARP funding.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Mayor and City Council hereby authorize the Finance Director to amend the FY 2021/22 Capital Budget by $23,050,000 of American Rescue Plan Act funds for the Small Business/Non-Profit Grant Program, renovation of the Roosevelt Bowl, conversion of the disused parking lot at Lytle Creek Park to a soccer field, and the Seccombe Lake Park and Nicholson Park renovation projects in lieu of available grant funding. If grant funds for the Seccombe Lake and/or Nicholson Park renovation projects become available within the timeline for the commitment of ARP funds, Mayor and City Council hereby authorize the Finance Director to reassign an amount of the funds herein assigned to the project equal to any grant(s) received back to reserves to make them available for reassignment to ARP eligible projects by Council.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Packet Pg. 113 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022-
Resolution 2022-

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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

6.a
Packet Pg. 114 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022-
Resolution 2022-

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk

6.a
Packet Pg. 115 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan

6.b
Packet Pg. 116 Attachment: Attachment 2 - QCT and Ward Map 2021 (8727 : Assignment of American Rescue Plan Funds (All Wards)) Existing Ornamental
Safety Fencing
New Ornamental
Safety Fencing
Nine New Exercise
Equipment Stations
Walking,
Biking, Exercise
Trails
Concept Design

6.c
Packet Pg. 117 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of New Playgrounds
New Picnic Area with
BBQ Amenities
New Picnic Area with
BBQ Amenities
Bridge
Refurbishments
New Restroom
New Restroom
New Restroom
Concept Design

6.c
Packet Pg. 118 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of Irrigation and Turf Renovation
Irrigation and Drought-Tolerant Planting Concept Design

6.c
Packet Pg. 119 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of

6.d
Packet Pg. 120 Attachment: Attachment 4 - Nicholson Park Concept Plan (8727 : Assignment of American Rescue Plan Funds (All Wards)) American Rescue Plan
Discussion and Planning
Barbara Whitehorn, Finance Director
February 2, 2022

6.e
Packet Pg. 121 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Discussion and Planning
Presentation Overview
• Background
• Allocation and Restrictions
• Final Rule
• Recommended Areas of Investment
• Progress Report
• Next Steps
• Discussion
2 6.e
Packet Pg. 122 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Background
3 • San Bernardino’s Allocation: $77 Million
• Final Rule Issued January 6, 2022, effective 4/1/2022 • Limitations on Spending remain
• Additional requirements for capital projects that are not water related
• Opportunities in Qualified Census Tracts (QCTs)
• All funds must be obligated by Dec. 31, 2024, and
spent by Dec. 31, 2026

6.e
Packet Pg. 123 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
4 Small Business and Non-Profit Grant
Program
• Negative economic impact due to pandemic
• Operating or capital
• Maximum of $50,000 to limit reporting
burden
• Council: $5,000 to $35,000
$3,000,000

6.e
Packet Pg. 124 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
5 • Existing Businesses and
Non-Profits
• Prove negative economic
impact
• Areas and populations
designated as having been
disproportionately impacted
do not need proof
• Start-ups
• Must be designated as
disproportionately impacted to
be eligible
• Aspen Initiative
• Stabilize and grow Latino-owned
and Black-owned businesses
• Recommend dedicating
$1,000,000
$4,000,000 - $3,000,000 general; $1,000,000 Aspen Institute

6.e
Packet Pg. 125 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
6 Seccombe Lake Park Renovation
• Public outdoor recreation space
• Located in a QCT
• Close to downtown
• Serves residents citywide as well as in
surrounding neighborhoods
$9,000,000

6.e
Packet Pg. 126 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
7 Nicholson Park Renovation
• Public outdoor recreation space
• Not located in a QCT
• Service area includes lowincome and QCT
• Area with high gang activity
$8,850,000

6.e
Packet Pg. 127 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
Roosevelt Bowl Renovation
• Outdoor amphitheater
• Built in 1934 as part of the Work
Progress Administration (WPA)
• Located in a QCT
• Provides additional outdoor options
for safe, socially distanced
entertainment
$600,000
8 6.e
Packet Pg. 128 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Investments
9 Lytle Creek Park – New Soccer
Field
• Public outdoor recreation space
• Located in a QCT
• Convert disused parking lot on
north end of park to a soccer
field
$600,000

6.e
Packet Pg. 129 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Recommendations
Category
Small Business and Non-Profit Assistance Program $ 4,000,000 Seccombe Lake Park Renovation 9,000,000
Nicholson Park Renovation 8,850,000
Roosevelt Bowl Renovation 600,000
Lytle Creek Park Soccer Field 600,000
TOTAL $ 23,050,000
10 6.e
Packet Pg. 130 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Progress on Commitments
11 Violence Intervention Program
• Request for Proposals (RFP) closed
1/18/2022
• Four responses, under initial review
by Purchasing Manager
• Next Steps:
• Review panel evaluation
• Site visits, agency interviews
• Staff will bring recommendation and
decision criteria to Council as
requested
Graffiti, Clean-up and
Paintbrush Program
• Clean-up RFP responses received
• Costs exceeded funds available
• Staff evaluating bringing clean-up
in house
• Graffiti and Paintbrush Program RFP
responses received and under
review

6.e
Packet Pg. 131 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Progress on Commitments
12 Water Lead Connector Replacement Program
• Design RFP in development, anticipated to be issued
end of February
• Next Steps:
• Award design (anticipated by end of fiscal year)
• Design work, 6-9 months
• Construction to begin in late spring 2023

6.e
Packet Pg. 132 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – All Funds and Commitments
Total ARP Allocation $ 77,000,000
Recommendations February 2, 2022 $ 23,050,000
Previously Committed:

Violence Intervention Program 1,000,000
Graffiti, Clean-up, Paintbrush Program 2,000,000
Water Lead Connector Replacement Program 5,160,000
TOTAL Commitments $ 31,210,000
Remaining Unallocated ARP Funds $ 45,790,000
13 6.e
Packet Pg. 133 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds – Next Steps
Next Steps – Staff
• Establish grant program
parameters and application
• Begin work on projects
• Evaluate and cost any new
Council recommendations
• Continue to update Council
with new or changing
guidance from Treasury
14 Next Steps - Council
• Mid-Year Report
(2/16/2022)
• Progress Report on all
ARP commitments
(March/April)

6.e
Packet Pg. 134 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All

DISCUSSION
15 6.e
Packet Pg. 135 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All

Page 1 ends

Discussion
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: René Anderson, Director of Human Resources
Subject: Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards)
Recommendation
Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section

2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months.

Background
On November 17, 2021, the Mayor and City Council directed staff to bring forth an Ordinance restricting the duration for Interim or Acting Director positions to six months.

Section 401 of the City Charter adopted by voters on November 8, 2016, states the City Manager will be the sole authority for appointing and directing City staff. The City Manager also shall appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law or City of San Bernardino established personnel rules.

Additionally, the City of San Bernardino Personnel Rules adopted by Resolution No. 2021-8 on January 20, 2021, allows appointment, upon approval of the Appointing Authority, of a qualified employee to perform the duties of a higher classification when a position is vacant or in the absence of the incumbent. The City Manager is responsible for making such appointments for department heads and agency executives.

Discussion
Generally speaking, the City attempts to fill vacant positions, and especially vacant department head positions, as quickly as possible. City staff recognizes the operational efficiencies gained from having permanent staff occupy senior positions. Nevertheless, from time to time, practical considerations may necessitate the appointment of an individual to such a position in an acting or interim basis. The City’s Personnel Rules, MOUs, and CalPERS already impose some limitations and consequences for employees working out-of-class in higher classifications or upgraded assignments. For example, employees in the General Bargaining Unit negotiated specific terms which limit an employee from receiving higher acting pay beyond one (1) year. Also, 7 Packet Pg. 136
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Government Code section 20480 establishes a 960-hour restriction on the number of hours a CalPERS member may serve in an out-of-class position. At present, there is no City rule restricting out-of-class appointments or higher acting assignments at the executive level.

On the one hand, establishing a six-month restriction on the appointment of individuals as acting or interim directors might reduce the risk of contract employees in those roles mistakenly becoming CalPERS members and might reduce the risk of the City being subject to increased CalPERS liability for existing employees. On the other hand, such a restriction may limit the flexibility of the City Manager in managing City staff and may result in situations where he or she is unable to have the best person in the role. For example, it may force the City Manager to remove a competent and capable interim appointee and replace them prior to being able to hire an appropriate replacement. It might also have a negative impact on employee morale in the short term.

It is worth noting, because of the COVID-19 pandemic, Governor Gavin Newsom declared a state of emergency and issued an Executive Order (N-25-20) which suspended the 960 working hours limitation for retired annuitants. It may be appropriate for Mayor and City Council to consider providing similar flexibility to the City Manager.

Should the Mayor and City Council adopt an ordinance establishing a six-month restriction, the Human Resources Department will establish guardrails to ensure the sixmonth restriction is met. For example, the Human Resources Department would adopt an internal policy to immediately initiate a recruitment for vacancies at the department head level; establish monitoring systems to ensure the six-month limit is not exceeded; and require execution of a form similar to the attached draft by incoming interim/acting directors.

Fiscal Impact
The financial impact to the City would vary and would be reflected in an approved budgeted position.

Conclusion
Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section

2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months.

Attachments
Attachment 1 Ordinance No. MC-1572
Attachment 2 Proposed Acting/Interim Provisions Form
Ward: All
Synopsis of Previous Council Actions:

November 17, 2021 Mayor and City Council directed staff to bring forth an Ordinance restricting the duration for Interim or Acting Director positions to six 7 Packet Pg. 137
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Page 3 ends

months.
7 Packet Pg. 138
Ordinance No. MC-1572
1 ORDINANCE NO. MC-1572

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING SECTION 2.04.040 TO CHAPTER 2.04 OF TITLE
2 OF THE CITY OF SAN BERNARDINO MUNICIPAL

CODE RESTRICTING THE DURATION OF ACTING OR

INTERIM DIRECTOR POSITIONS TO SIX MONTHS
WHEREAS, under Section 401 of the City Charter, the City Manager is responsible for the appointment and direction of City staff; and
WHEREAS, from time to time, vacancies occur in senior leadership positions within the City and it becomes necessary for the City Manager to appoint an individual in an interim or acting capacity; and
WHEREAS, for a variety of reasons, including operational efficiency and compliance with CalPERS restrictions, it is in the City’s best interests that such positions be filled as expeditiously as possible and with permanent staff; and WHEREAS, therefore, the City Council wishes to restrict the duration of interim and acting appointments to a period of six months.

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. Addition of Section 2.04.040. Section 2.04.040 is hereby added to Chapter

2.04 of Title 2 of the San Bernardino Municipal Code to read in its entirety as follows:
“2.04.040 Duration of Interim and Acting Appointments for Department Head Positions
In no event shall the City Manager permit an individual to serve as agency executive or department head in an interim or acting capacity for a period exceeding six months.” The list of sections in Chapter 2.04 of the Municipal Code shall be updated to include the additional section.

SECTION 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).

7.a
Packet Pg. 139 Attachment: Attachment 1 - Proposed Ordinance MC-1572 Restricting the Duration of Interim or Acting Director Positions (8736 : Ordinance Ordinance No. MC-1572
2 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. 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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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-, XXX introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022. Ordinance No. MC- ____ was approved, passed and adopted at a regular meeting held the __ day of __________, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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CITY OF SAN BERNARDINO
Acting/Interim Director Provisions
I, ________________________________ certify that I possess the experience, education, and professional requirements to be employed by the City of San Bernardino as the Acting or Interim Director of [Department]: ______________________________.

I understand this assignment is expected to last for a period not to exceed six (6) months in any fiscal year. I acknowledge and agree that it is my shared responsibility to monitor and advise Human Resources when I approach the allowed maximum number of hours worked (960 hours).

I have been provided duties expected of me and agree to work exclusively in the role for which I have been hired. I will maintain confidentiality on matters of security, legal, personnel and medical files as well as any information I would not have been privy to outside this employment opportunity.

I certify that the above statements are true, complete, and correct. I understand my statements are subject to verification and any misrepresentation, fraud, or omission of material facts by me may be grounds for the City of San Bernardino to deny employment and/or constitute grounds for immediate termination of my assignment. --------------------------------------------------------------------------------------------------------------------- Employee: _____________________________________________ Date: __________ Approved by Director of Human Resources: __________________ Date: ___________ City Manager (or Designee): ______________________________ Date: ___________

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: February 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All Wards)
Recommendation
Adopt 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 $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter.

Background
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.” 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 serving 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 8 Packet Pg. 143
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Commission met (3) three times in 2021 (October 13, November 10, and November 30).

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 of 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 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.”
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. Additionally, 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.

Finally, on January 19, 2022, the Mayor and City Council held a public hearing, introduced, read by title, and waived further reading of Ordinance No. MC-1571, amending Chapter 2.82.010 of the San Bernardino Municipal Code adjusting the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. During the same meeting staff provided the Mayor and City Council the basis and salary data for adjusting the salary of the position.

Discussion
Under California law, a general law city’s powers are limited to those granted to it by state statute and from the general police 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 Constitution, 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 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. In November 2016, with the adoption of the current Charter, the City 8 Packet Pg. 144
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transitioned to a Council-Manager form of government. 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 charter cities with the same form of government were identified in San Bernardino and Riverside Counties. The average base yearly salary of the fourteen survey cities is $29,501. When analyzing the survey data, including the city charter and municipal code for each of the cities, seven cities have directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure. Of the seven cities, five 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 cities is $50,040, which consists of Adelanto, Needles, San Bernardino, Palm Springs, and Riverside.

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 Officials Compensation Advisory Commission by unanimous vote recommended the basis for setting salary of the position remain the same.

The item under consideration by the City Council tonight is the adoption of Ordinance No. MC-1571, which if approved, amends Chapter 2.82.010 of the San Bernardino Municipal Code adjusting the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. It is important to underscore, the salary of an incumbent may not be reduced during their current term, instead the salary adjustment would be effective at the beginning of the new term, December 2022.

A summary of Ordinance No. MC-1571 was published on January 28, 2022, and is available to the public at the City of San Bernardino City Clerk's office. 2021-2025 Key Strategic Targets and Goals
Adjusting the salary of the Mayor to appropriately 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.

Adjusting the salary of the Mayor at the beginning of the new term in December 2022 will generate an annual savings of $70,000.

Conclusion
Adopt 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 $50,000 annually to appropriately reflect the 8 Packet Pg. 145
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duties of the office following the 2016 amendment of the City Charter.

Attachments
Attachment 1 Ordinance No. MC-1571
Attachment 2 City Charter (Previous)
Attachment 3 City Charter (Current)
Ward: All
Synopsis of Previous Council Actions:

January 19, 2022 Staff provided a recommendation to review and consider the basis and salary data for adjusting the salary of the position of Mayor; and introduced, read by title only, and waive further reading of Ordnance No. MC-1571 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 amending of the City Charter to an amount determined by the City Council
December 15, 2021 Staff was directed to return with the basis and salary data for adjusting the salary of the position of Mayor.

October 20, 2021 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.
8 Packet Pg. 146
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 ADJUSTING 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
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 the charter cities have directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure; and WHEREAS, five of the 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.

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2 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
Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation:

A. Annual salary of $50,000;
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 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 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 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

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3 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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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 __________, 2022 by the following vote:

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 and thirty-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 and fourteen of block thirty- six, lots three and six of block fiftyRev. October 2016] Return to Municipal Code Contents]
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three, and lots three and six of block fifty- nine, to the northwest corner of said lot six of block fifty- nine; thence south along west line of lots six and five of said block fifty- nine, to the southwest corner of said lot five of block fifty-nine; thence east along the south line of said lot five to the intersection of the west line of lot twenty-four of block twenty- 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 twentyfour, and lots twenty-four and seven in block twenty-five, to the southwest corner of said lot seven of block twenty-five, at the intersection of said west line with the north line 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 of the 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 after the 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 after the first Monday in November in 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 February of the following even numbered year for the election of City Officers. Said election shall be conducted in 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 which such candidates seek nomination, shall be elected to such office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than 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 until his or her successor is 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 shall issue a certificate therof to the person elected or appointed by delivering it to him/her personally, or by depositing it with postage prepaid in the post office, addressed to him/ her at the City of San Bernardino; and within ten days thereafter such person so elected or appointed, shall file the certificate with his/ her oath of office attached, in the office of the City Clerk. When an Official Bond is requiredof an officer it shall be approved and filed before entering upon the duties of his/ her office, within twenty (20) days after the certificate of election is 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 and residents of their respective wards for a period of at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards for terms of four years commencing on the first Monday in March next 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 and residents of their respective wards for at least thirty ( 30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards, a City Attorney, City Clerk and City Treasurer elected at large who shall hold office for terms of four years from and after the first Monday in March and 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 of the ward in which the vacancy has occurred. Such Council Member shall have been a qualified elector and resident of the ward for at least thirty ( 30) consecutive days next preceding the date of filing of nomination papers for 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 expiration of the Rev. October 2016]
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term of the incumbent, the term of said incumbent shall be extended until said successor qualifies and takes office, or until the incumbent qualifies and takes office in the eventof re-election. Any such successful candidate elected in said consolidated general election shall take office at the first Council meeting of the month following the month in which the consolidated general election is held.

As added by election held on November 2, 1999)
Section 15. Vacancies
An office becomes vacant when the 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 Member to be a resident of his/her ward, or, in the case of any other elected official to be a resident of the City, or refuses after notice from the Mayor and Common Council to qualify by taking the oath of office and filing his/ her official 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, who have heretofore or shall hereafter enter the armed forces 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 within the time herein specified, and who has been honorably discharged from 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 no longer exists, or the employee or officer isno longer qualified for his/ her former position, he/ she has the right to return to a position to which he/she meets the qualifications at the 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 of the City, before entering upon the discharge of their official duties, shall execute to said City such Official Bond as may be required by law, ordinance or this Charter. When the amount of any bond is not fixed by law, ordinance or this Charter, and power to fix same is not herein conferred upon any board or officer, it may be fixed by ordinance. All bonds shall be approved by the authorized designee of the Mayor and Common Council and filed with the City Clerk, and shall be recorded by the City Clerk in a book entitled "Official Bonds" and kept for that purpose, except the Bond of the City Clerk, which shall be filed with the Mayor, after being so recorded. The approval of every Official Bond must be endorsed thereon and signed by the officers approving the 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 surety for 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 will surrender to 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 may become severally liable for a portion of not less than twenty-five hundred ($ 2, 500. 00), when there 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 without other surety.

Section 22 of the 1905 Charter was repealed by election held on March 6, 1979) Section 23. Additional bond - Vacancy
When an Official Bond is required of an officer, the Mayor and 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 given in thirty ( 30) days, the Mayor and Common Council must declare the office vacant and thereupon it shall become vacant.

Rev. October 2016]
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Section 24. Salary of Mayor
The Office of Mayor shall be a full time position and the 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 of the Mayor shall be set at fifty percent ( 50%) of the salary for a Superior Court Judge, County of 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 by the Mayor and the 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 of four 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) days thereafter, 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) members of the Common Council concur in 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 has received 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 open to public inspection a certified copy of the full text of the ordinance. Within fifteen ( 15) days after the 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 by the publication of the 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 of the City Clerk. The Mayor and Common Council may direct the publication of the 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 of the 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 of its own members; to punish any member by a fine not exceeding two hundred fifty dollars ($ 250. 00) for disorderly or contemptuous behavior in its presence; and may expel a member or any city officer appointed by the Mayor and Common Council for 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 shall be entitled to 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 and third Mondays in each month, unless such days be a legal 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-Tempore shall 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, provided that the procedure for the sale of real 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 evidence in 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 provide for 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 of license 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.

Rev. October 2016]
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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 and forfeitures for any and all violations or ordinances; and for any breach or violation of ordinances; to fix the penalty by fine or imprisonment, or both. The violation of any lawful 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 and remove 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 appointed for a definite term, nor deputies, assistants, clerks, and attachés holding office at the pleasure of an elective officer, nor may the Council remove 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.

Rev. October 2016]
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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 by this Charter, and to prescribe for any officer, duties other 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 whom such duties are to 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 deeds therefor, 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, of the 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 of the City for a period of at least thirty 30) consecutive days next preceding the date of filing nomination papers for the office.

The Mayor shall vigilantly observe the official conduct of all public officers, and take notice of the fidelity and exactitude, or the want thereof, with which they execute their 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 persons in the employ or service of the City shall, at all times be open to all persons for inspection and examination. Any defamation or willful neglect of duty or official misconduct which may be reported or discovered by the Mayor shall be laid 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 of the City, experted by a competent person at least once in every year. Any person refusing to submit to, or permit such examination, or purposely delaying, or impeding the same, may be suspended from office by the Mayor and removed for malfeasance by 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 members of joint 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 pursuant to this Charter, and except any other appointments for which this Charter expressly provides otherwise, and shall fill all vacancies in an elective office not otherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shall the officer hold beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be filled by the Common Council by a majority vote, and the appointee shall be a person meeting all of the requirements for the office of Mayor found in Section 50, and said person shall hold office for the unexpired term. In filling a vacancy in the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes.

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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8.b
Packet Pg. 177 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-28
City Attorney
Section 55. Position - Duties - Salary
a) The office of City Attorney shall be a full-time position, and the 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 papers for election to the office. c) In the event a vacancy shall occur in the office of City Attorney during his/ her term, such vacancy shall be filled by appointment by the Mayor and 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 of the City; he or she shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices; he or she shall represent and appear for the City in all legal 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 granted the 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 who is a party to any legal action in 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 by the Mayor and 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 by the 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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8.b
Packet Pg. 178 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-29
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 meetings of the 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 necessary in the transaction of city business, but shall make no charge therefor. His/Her official books and records 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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8.b
Packet Pg. 179 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-30
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 by the Common Council, a City Manager who shall be the chief administrative officer of the City. The City Manager shall be responsible for the administration of all City departments except the Offices of the 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 Manager shall 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 Manager shall 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 on the 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 set forth in this Charter.

Section 101. Assistant City Manager
The City Manager shall have the power to appoint, with the confirmation of the 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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8.b
Packet Pg. 180 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-31
Section 102. Authority and Duties of the City Manager
The City Manager shall have the following authority and duties:
a) To direct and exercise immediate supervision over the administration of all Managerdirected 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 pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances, and except that the removal of such employees in the unclassified service is 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 of the City, including the filing of annual and interim 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, by law or required 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 obtain the legal advice of the City Attorney, 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 of the City Attorney, has authority to issue orders to 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) To confer regularly with the City Treasurer on financial issues, to obtain the financial advice of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed of all financial matters and to immediately notify the 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 by the 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, nor the Common Council, nor any of its committees or members shall 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 employees in the administrative service. Neither the Mayor, Common Council Members, employees of the Common Council, nor employees of the Office of the Mayor, shall give orders to any of the subordinates of the City Manager, either publicly or privately.

Rev. October 2016]
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Packet Pg. 182 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-33
Section 105. Non-Eligibility of Elected Officials
No person who held any elected office in the City, between June 1, 1987, and the 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 after the 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 and registered electors of the City equal in number to 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 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 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 and if necessary, the Council shall allow him/ her extra help for that purpose, and he/she shall attach to said petition his/her certificate showing the results of said examination. If, by the Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to 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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8.b
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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 show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found 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 Council shall proceed to 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 Council shall proceed to call a special election 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 vote in 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 on the 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 by the Clerk in all respects as therein 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 of intention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement, the holder has held office for at least ninety days and no recall petition has been filed against such holder within the 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%) of the voters of the City, or in the case of a City Council Member elected by ward twenty-five percent ( 25%) of the voters of that ward, according to the County Clerk's last official report of registration to the Secretary of State. No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name of the officer sought to be recalled and the 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 of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk an answer in not more than 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 of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at his/ her expense. If the Rev. October 2016]
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8.b
Packet Pg. 185 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-36
answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement declaring his/ her intent 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 within ninety 90) days from the filing of the notice of intention. If such petition is 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 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 thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or 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 be returned forthwith by the Clerk to the filer( s) thereof who shall have an additional thirty ( 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 show the same to be insufficient it shall be void for all purposes.

If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Council shall thereupon order and fix a date for holding said election, not less than fifty ( 50) days, nor more than seventy ( 70) days from the date of the City Clerk's certificate to the Council that a sufficient petition is 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 whom the 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 succeed the person against whom the 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. The successor of any officer so removed shall hold office during the unexpired term of his/ her predecessor.

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 Monday in June in each year the City Manager shall transmit 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, stating the amount required to meet the 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 each fund 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 Monday of January, 1907, and annually thereafter while any valid law exists for the assessment and collection of City taxes by officers of the County of 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, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed by certain officers of the County, and fixing the compensation to be allowed for 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 Auditor of said County of San Rev. October 2016]
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Packet Pg. 187 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-38
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 effect immediately after their 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 Monday of March, 1907, if for any cause there shall not be in force any ordinance availing the City of the privilege of having its taxes assessed and collected by the officers of the County, and during the time that there shall be no such ordinance or provision in force, the City Clerk shall be ex-officio Assessor, and the Chief of Police shall be ex-officio Tax Collector; they shall perform respectively 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 of the Chief of Police while acting as ex-officio Tax Collector for such extra services. The taxes so levied 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 arising from 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 or required by the Mayor and 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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8.b
Packet Pg. 189 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-40
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 power to 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 advertising for sealed proposals hereunder shall have the power to 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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8.b
Packet Pg. 190 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-41
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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8.b
Packet Pg. 191 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-42
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 which shall be known as the Board of Water Commissioners. Members of such board shall be appointed by the Mayor, subject to the confirmation of the Common Council. The term 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 such removal, the vacancy shall be filled by the Mayor, with the consent of the Common Council, for the unexpired term.

No person shall be eligible to appointment as a member of said Board unless he/she shall have been a qualified elector of said City for the period of five ( 5) years next preceding 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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8.b
Packet Pg. 192 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-43
Section 161. Oath of Office
Before entering upon the duties of his/her office, each member of the Board of Water Commissioners shall make and subscribe before some officer authorized by law to certify oaths, the same oath of office required of other City officers.

City Attorney Opinion No. 94-3)
Section 162. President - Inventory of Property
The first Board of Water Commissioners appointed hereunder shall, within one week after their confirmation by the Common Council, and thereafter 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 of the Water Fund the compensation of any and all employees in 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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Packet Pg. 193 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-44

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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8.b
Packet Pg. 194 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-45
Section 166. Map Of Water System And Service
SaidBoard appointed hereunder shall within areasonable time aftertheir appointment, 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 map of the water system of the City. And from time to time, as the water service 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 with the Clerk of said Common Council a report, showing a full detailed statement of the financial condition of the 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 with the Clerk of said Common Council, a full 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 a record 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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8.b
Packet Pg. 195 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-46
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 under the general supervision of the 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 prescribe the salaries, qualifications, duties, rank, badges of office and uniforms of the officers, members and employees of 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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Packet Pg. 196 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-47
Section 181. Police Department - Membership
The Police Department shall consist of a Chief of Police, and as many ranking officers, police officers and other employees as the Mayor and 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 and other employees as the Mayor and Council may determine.

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 by the 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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8.b
Packet Pg. 197 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-48
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 manage and 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 working conditions of the employees of the 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 steps in 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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8.b
Packet Pg. 198 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-49
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 or local 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, P3 steps " a" and " e" of P4, P5, P6 and P7 shall be fixed on August 1, 1976, for the balance of the 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 of ten cities of California with populations 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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8.b
Packet Pg. 199 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-50
b) The ten cities used for fixing the monthly salaries shall be those ten cities remaining 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 name from the list shall be determined by lot. c) In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification, shall be computed as the arithmetic average of the next highest and next lowest comparable position classification of that 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 assigned to traffic enforcement duties on a motorcycle shall be paid when performing such duties during the period of assignment at the rate of not less than fifty dollars per month in addition to the pay step to which he/ she is 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 extrahazard 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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8.b
Packet Pg. 200 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-51
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 by the Mayor and 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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Packet Pg. 201 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-52
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 such term is used by this 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 District or, 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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8.b
Packet Pg. 202 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-53
Board of Education: Term, Election
Section 192. Terms of Office - Election
The terms of office and the election of the members of the Board of Education shall 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 members of the Board of Education shall be filled by the remaining members of the Board at the next regular meeting after such vacancy occurs.

The member so appointed shall hold such office for the unexpired term 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 with the Secretary of the 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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Packet Pg. 203 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-54

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 Board of Trustees under this Charter shall take office on the second Monday of May, 1905, and shall at their first meeting so classify themselves by lot that three of their number shall go out of office at the expiration of two years, and two at the expiration of four years; otherwise their term of office shall be four years. On the 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 at the pleasure of the 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 must have been residents of said City at least 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, subject to the civil service provisions of this Charter;
FOURTH:

To purchase necessary books, journals, publications and other personal property; FIFTH:

To fix salaries of the 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;
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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 be four 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 manner as the 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 a term of four ( 4) years and until their successors have been appointed and qualified. Commissioners shall serve at the pleasure of the appointing officer and any member of 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 aforesaid for the unexpired term.

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 with a decision of ruling of the Park Commission may appeal 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)
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ARTICLE XLII

MISCELLANEOUS
Section 220. Fiscal year
The fiscal year of the City of San Bernardino shall begin on the first day of 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 which is 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/ public institution being supervised, and take notice of the fidelity and exactitude or want thereof, 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, day to day directives to, 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 of the 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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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 pursuant to 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 mentioned in this Charter, it means the oath of office or affirmation in form as prescribed by the Constitution of this State.

Rev. October 2016]
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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 of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the government of the 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 of this City, who, during his/her term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him/ her under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to 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 Commissioners shall 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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Section 229. Deposit of Money
It shall be the duty of every City officer, upon receiving 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 employees in the classified service, whose term is not fixed, shall hold office during the pleasure of the officer or board appointing him/her, and when an appointment is made to fill a vacancy in an unexpired term, the person appointed shall, if it be an appointive office, hold for the unexpired term and if for an elective office until the next succeeding general municipal election, at which time the office shall be filled for the balance of the term by an election.

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 entitled to 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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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 and residents of the City for a period of at least thirty (30) consecutive days prior to their appointment or filing of their nomination papers for election to 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 making such 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)
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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 of the City and the 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 with the consent and approval of the Mayor and Common Council, and shall hold office at the pleasure of the officers appointing them.

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, nor the City Manager, nor the Civil Service Chief Examiner, shall recommend for hire, appoint, hire or confirm the hiring or appointment to a salaried position under the City government 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 of the City, the City Manager or the 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 within such degree to 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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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 notwithstanding the foregoing, this Charter shall 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 by the Secretary of State as amendments to 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 of the City and appointed as hereinafter provided. The three members in office on the first Monday in 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 Monday of May, 1959, and one to serve until the first Monday of May, 1961, and thereafter, by rotation 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 Monday of May, 1963, each for a term of six years. On the first Monday of May, 1965, and every odd numbered year thereafter, 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 at that time, who shall take office the first Monday of Mayof said year, or as soon thereafter as appointed and qualified. Members of the 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 Board shall 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 shall include:
a) All officers elected by the people;
b) All officers appointed for 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 a scientific, 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 added to 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 points for 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 who is 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 shall include 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)
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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 service in 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 such eligible list. In making such appointment, preference shall be given to bona fide residents of the City of San Bernardino who have 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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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 or reduced in classification for disciplinary reasons until the employee has been presented with the reasons for such action specifically stated in writing. The reason for such discharge or reduction and any reply thereto by such employee, shall be in writing and filed with the 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 who is 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; PROVIDED that the provisions of this section are at all times 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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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 except for 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 appointed for a definite term, and except deputies, assistants, clerks, employees, and attachés holding office at the pleasure of an elective officer, may summarily be dismissed for the good of the service by the 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 unless the payroll or account for such salary or compensation shall bear the certificate of the Civil Service Board, by its 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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8.b
Packet Pg. 220 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All C-71
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 by the Mayor and Council, may be changed from 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 by the Secretary of State as set forth in Section 245. 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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8.b
Packet Pg. 221 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All i
AANIMALS
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 BBATHS
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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8.b
Packet Pg. 222 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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)
CCEMETERIES
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 City Treasurer - § 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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8.b
Packet Pg. 223 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All iii
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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8.b
Packet Pg. 224 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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 City Treasurer - §§ 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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8.b
Packet Pg. 225 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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
DDEFINITIONS
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
EEFFECTIVE 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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8.b
Packet Pg. 226 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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
FFINES, 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
GGAS
Pipes - §40 (v)
Works - §40 (u)

GENERAL ELECTIONS
10 GENERAL SUPERVISION
50, 52

GUNPOWDER, STORAGE OF
40 (j)

GYMNASIUMS
40 (u)
HHOSPITALS
40 (l)

HOUSES OF ILL FAME
40 (I)
IINFRACTION
Violation of Ordinances - §40 (r)
Rev. October 2016]
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8.b
Packet Pg. 227 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All vii

INITIATIVE
120
Election, Only One Every 12 Months - §120
Petition - §120
Veto by Mayor - §120 (a)

INMATES
40 (c)
JJAIL / HOLDING AREA
40 (o)

JOB ANTIL TRACT
2 KLLABOR 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)
MMAYOR
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 Conduct of 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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8.b
Packet Pg. 228 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All viii
Vacancy
Power to Appoint - §51
Temporary Absence - §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)

MUNICIPAL AFFAIRS
1, 40 (b), 40 (z), 55 (d)

MUSEUMS
40 (u)
NNAME
1 NEPOTISM
243

NUISANCES
Council May Define - § 40 ( c)
OOATH 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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8.b
Packet Pg. 229 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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
PPARAMEDICS
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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8.b
Packet Pg. 230 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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
QQUORUM
Board of Education - §194
Common Council - §30
Library Board of Trustees - §210
RRAILROAD 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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8.b
Packet Pg. 231 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All xi
Employment Preference - §251

RESOLUTIONS
City Attorney to Draft - §55 (d)
Effective Date - §31
Mayor
Approval of - §31
Disapproval of - §31
Pre-existing - §223
SSAN 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
TTAX 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)
UUNCLASSIFIED SERVICE
248

UNCOMPETITIVE CLASS
248
Rev. October 2016]
Return to Municipal Code Contents]
Return to Charter Index Beginning]

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VVACANCY
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)
WWARDS
3 Change of Boundaries - §3

WASTE WATER TREATMENT 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
XYYEAR, FISCAL
220
ZRev. October 2016]
Return to Municipal Code Contents]
Return to Charter Index Beginning]

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Packet Pg. 233 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All City of San Bernardino
Charter
Adopted by Voters November 8, 2016
Filed with the California Secretary of State January 31, 2017

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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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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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Packet Pg. 236 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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,

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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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.

ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
The municipal government established by this Charter is the council-manager form of government.

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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, shall create and implement a plan to maintain the City’s fiscal integrity.

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.

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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.

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 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.

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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.

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.

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.

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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 509. Official Bonds.

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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.

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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.

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.

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.

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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.

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 1100.

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Mayor and City CouncilFebruary 2, 2022

Mayor and City Council
February 2, 2022