Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FORTHE
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, AUGUST 20, 2025
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
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
Kim Knaus Council Member, Ward 6
Mario Flores Council Member, Ward 7
Dr. Treasure Ortiz Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
Acting City Clerk Telicia Lopez
4:00 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)): 3 Cases.
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Proclamation for Overdose Awareness Day in the City of San Bernardino – p.13
August 31, 2025 (All Wards) p.14
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case Mayor and City Council of the City of San Bernardino Page 3
PUBLIC HEARING
2. Introduce for First Reading Ordinance No. MC1653 Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling the San Bernardino Municipal Code p.16
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No.
MC1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino.
3. Adopt Resolution Denying or Approving Appeal 2406 of Planning Commission's Approval of Resolution 2024034PC that Restored the Conditions of Approval for Administrative Development Permit 22020 (Ward 3) p. 1508
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2025352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 2406, thereby affirming the Planning Commission’s approval of Appeal 2405, which reinstated the deleted conditions of approval 20 (twenty) through 26 (twentysix) which were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 2301 originally drafted for Administrative Development Permit 22020; for the property located at 379 E.
Industrial Road on 0.83 acres (APN: 014158103) within the Industrial Light (IL) zone, Ward 3 (Attachment 1).
OR
2. Adopt Resolution No. 2025353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 2406 of Appeal 2405 thereby overturning the Planning Commission’s approval of Appeal 2405, which reinstated the deleted conditions of approval 20 (twenty) through 26 (twentysix) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 2301 for Administrative Development Permit 22020; for the property located at 379 E.
Industrial Road on 0.83 acres (APN: 014158103) within the Industrial Light (IL) zone, Ward 3 (Attachment 3).
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 4
CONSENT CALENDAR
4. Regional Partnership – Adopt Resolution allocating $1,090,000 Annually for Expenses Related to the Regional Partnership Agreements (All Wards) p.1975 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025354 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $1,090,000 in revenues and expenditures to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for Animal Services.
5. Approval of Various Mayor and City Council Meeting Minutes p.1981 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. June 21, 2023 Regular Meeting Draft Minutes
2. October 11, 2023 Special Meeting Draft Minutes
3. June 26, 2024 Special Meeting Draft Minutes
4. March 19, 2025 Regular Meeting Draft Minutes
5. April 29, 2025 Special Meeting Draft Minutes
6. May 21, 2025 Regular Meeting Draft Minutes
6. Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) p.2036 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025355, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.
7. Approve Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for a Satellite Animal Shelter – Annual Lease Amount $130,000 (Ward 1) p.2075
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025356:
1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8
th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a monthtomonth conversion at the end of the term; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses.
Mayor and City Council of the City of San Bernardino Page 5
8. Review of Administrative Budget Transfers From April 1, 2025, Through June 30, 2025 (All Wards) p.2098
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025.
9. Investment Portfolio Report for June 2025 (All Wards) p.2107 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025.
10. Approve Professional Services Agreements for Video Production and Post Production in an amount not to exceed $366,060 (All Wards) p.2140 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of contracts to the four selected Vendor’s under RFQ F254036; and
2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a twoyear period; and
3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a twoyear term.
11. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for June 2025 (All Wards) p.2294
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for June 2025.
12. Acceptance and Approval of a Contract Amendment for FY2025/2026 for the Older Californians Nutrition Program Grant and Approval of the Sysco, Hollandia and Consulting Nutrition Purchase Order (All Wards) p.2396 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025358:
1. Authorizing the City Manager to approve an amendment to extend the Contract 22666 for FY2025/2026 of the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAASPG); and
2. Authorizing the City Manager to accept the 2025/2026 Congregate Meal Program Grant Budget in the amount of $342,000; and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and
Mayor and City Council of the City of San Bernardino Page 6
4. Authorize the Director of Finance and Management Service to approve the Purchase Order of Sysco Foods ($214,500) and Hollandia Dairy ($25,600) and Consulting Health and Nutrition Services ($18,700); and
5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026 in revenue and expenditures.
13. Accept the Corporation for National and Community Service’s AmeriCorps Senior Companion Program (SCP) Grant in the amount of $ 322,662 for FY 20252026 – 2nd Year of a 3Year Grant Award (All Wards) p.2635
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025359:
1. Ratifying the submission of the application for year two of a threeyear grant through the Corporation for National and Community Service’s Senior Companion Program; and
2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and
4. Authorizing the Director of Finance and Management Services to appropriate the grant funds in the amount of $332,662 for the period of July 1, 2025, through June 30, 2026 in revenue and expenses.
14. Adopt a Resolution Accepting the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP) Grant in the amount of $70,477 for FY 20252028 First Year of a ThreeYear Grant Award (All Wards) p.2679
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025357:
1. Ratifying the submission of a new grant application for year one of a threeyear grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and
2. Authorizing the City Manager to accept the grant award in the amount of $70,477; and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and
4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 ($17,618.25 in FY 2425) through March 31, 2026 ($52,858.75 in FY 2526).
Mayor and City Council of the City of San Bernardino Page 7
15. Acceptance of Yuhaaviatam of San Manuel Nation Grant Award (All Wards) p.2710 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025360, authorizing:
1. The City Manager to accept the grant award in the amount of $200,000; and
2. The City Manager or their designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant awards; and
3. The Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $200,000 in grant revenues and expenditures.
16. Approval of Fee Waiver and City Support Services for the Route 66 Rendezvous Event (All Wards) p.2718
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025361, Authorizing the City Manager to waive special event fees for Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
17. Review of Policy for City’s Sponsorship of ThirdParty Events (All Wards) – (Council Member Sanchez) p.2724
18. Discussion on Accessory Dwelling Units (ADUs) and Research on Limits within State Law (All Wards) – (Council Member Ibarra) p.2725
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
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 September 03, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 8
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 20, 2025, 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, 92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, August 15, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 9 NOTICE:
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 on the agenda, 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 during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 10 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 threeminute 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, a minimum of 15 copies must be provided to the City Clerk.
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.
Mayor and City Council of the City of San Bernardino Page 11 ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you requirean optionwith ClosedCaptioning,you may view themeetingfrom the followinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to [email protected]. Written public comments received up to 2:30 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. Written public commentswillnot be read aloudbycitystaff. Written correspondence canbe accessedbythe publiconline at tinyurl.com/agendabackup .
Attendthe meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff 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 followingpage: tinyurl.com/mccpubliccomments. Anyrequests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publicationof the final agendauntil the deadline tosubmit public comments. Please contact theCity Clerk at 9093845002or [email protected] assistance outside of this timeframe. Written correspondence submittedafter the deadlinewill be providedto the Mayorand CityCouncilat thefollowing regular meeting.
Mayor and City Council of the City of San Bernardino Page 12
MEETING TIME
NOTE: Pursuant to Resolution No. 2024-029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: August 20, 2025
Honorable Mayor and City Council Members
Sonia Carvalho, City Attorney
City Attorney
Closed Session
To:
From:
Department:
Subject:
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 3 Cases.
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B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Overdose Awareness Day in the City of San Bernardino – August 31, 2025 (All Wards)
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A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING AUGUST 31, 2025, AS
OVERDOSE AWARENESS DAY
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino does affirm and acknowledge the harm and hardship caused by drug overdose; and
WHEREAS, we recognize the purpose of International Overdose Awareness Day as remembering loved ones lost to overdose and ending the stigma of drug-related deaths; and
WHEREAS, we resolve to play our part in reducing the toll of overdose in our community, which last year claimed the lives of 471 residents of San Bernardino County, and nearly 11,000 Californians, together with countless more affected forever; and WHEREAS, we affirm that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, and deserving of our love, compassion and support.
WHEREAS, the City of San Bernardino wishes to recognize and commend VARP (Veterans Alcoholic Rehabilitation Program) for their longstanding commitment to substance use recovery, prevention, and community-based support; and WHEREAS, VARP has been a leader in providing critical services such as residential treatment, recovery resources, and outreach to those most at risk in San Bernardino, working tirelessly to reduce the impact of addiction and overdose in our neighborhoods.
NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim August 31, 2025, as International Overdose Awareness Day in the City of San Bernardino and extend heartfelt appreciation to VARP for their continued service, compassion, and impact in our community.
Presented on the 20th Day of August 2025
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Introduce for First Reading Ordinance No. MC-1653 Enacting a Code of Ordinances Revising, Amending,
Restating, Codifying and Compiling the San Bernardino
Municipal Code.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No. MC1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino.
Executive Summary
The Mayor and City Council will consider adopting an ordinance enacting the updates made to the San Bernardino Municipal Code by American Legal Services, the vendor who was selected by staff to review, evaluate and codify the ordinance for language consistency and modernization. The updates made were to correct issues such as spelling errors, grammatical errors, updating references such as Common Council to City Council and using consistent formatting throughout the ordinance.
Background
The San Bernardino Municipal Code is a compilation of ordinances that govern city operations and procedures. The City Clerk is responsible for maintaining and updating the Municipal Code, which is revised as ordinances are adopted, amended, or repealed.
Prior to 2014, the Municipal Code was only available in a hard copy format, during city business hours. To improve public access to city records and information, the Municipal Code was made available in PDF format on the City’s website in 2014.
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Effective January 1, 2023, Government Code Sections 50022.1 through 50022.10 provide for the codification, compilation, recodification, and publication of the permanent and general ordinances of the City. This also allows the Municipal Code to be recodified, recompiled and readopted in the same manner as it was originally created.
In advance of the new Government Code coming into effect, in 2022 the City Clerk’s Office issued a Request for Proposal (RFP) for Municipal Code Web Hosting and Codification Services. A contract was awarded to American Legal Publishing to provide both services.
In June 2023, the City launched the Municipal Code web hosting platform, allowing the public and city staff to easily search, copy, and share code provisions. This online platform offers real-time updates, ensuring users have access to the most current version of the code as changes are made.
Discussion
Following the launch of the web hosting platform, American Legal Publishing began the codification process. This included a comprehensive review of all ordinances to ensure consistency, proper formatting, and accuracy. Edits were made to correct spelling, punctuation, capitalization, and to apply gender-neutral language. Outdated or repealed laws were also removed. No substantive changes were made that alter the meaning of any provision, rule, law, or tax.
American Legal Publishing, in addition to providing the web hosting service and initial codification, will also provide ongoing codification services of ordinances. This means once a new ordinance is adopted by the City Council, it is provided to American Legal to integrate into the Municipal Code system in a structured, easy to navigate format.
This modernization ensures the Municipal Code remains a clear, accessible, and reliable legal resource for both the public and city staff. The new system helps streamline the process and improve efficiency for updating the code, and provides a valuable resource for residents, businesses, and city officials. 2021-2025 Strategic Targets and Goals
The approval of this ordinance aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. The approval of this ordinance will improve community engagement and organizational efficiency.
Fiscal Impact
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There are no costs associated with adopting this ordinance.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No. MC1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino.
Attachments
Attachment 1 - Ordinance No. MC-1653 Enacting a Code of Ordinances Revising, Restating, Codifying and Compiling Certain
Existing General Ordinances.
Attachment 2 – Redline of Municipal Code by American Legal Publishing Attachment 3 – Proof of Publication
Ward:
All
Synopsis of Previous Council Actions:
None
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Ordinance No. MC-1653
1 ORDINANCE NO. MC-1653
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ENACTING A CODE OF ORDINANCES REVISING,
AMENDING, RESTATING, CODIFYING AND
COMPILING CERTAIN EXISTING GENERAL
ORDINANCES OF THE CITY DEALING WITH
SUBJECTS EMBRACED IN SUCH CODE OF
ORDINANCES
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the present general and permanent ordinances of the City are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the City Council of the City has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, Government Code Sections 50022.1 through 50022.10 provide for the codification, compilation, recodification, and publication of the permanent and general ordinances of the City.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Recodification and Adoption. There is hereby codified and adopted the City of San Bernardino Municipal Code as revised, reformatted, indexed, codified, compiled, edited, updated, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary code as are deleted, modified, or amended by the provisions of the City of San Bernardino Municipal Code. The City of San Bernardino Municipal Code and the secondary codes adopted by reference in the City of San Bernardino Municipal Code are adopted by reference under the provisions of Government Code §§ 50022.1 to 50022.10. The general ordinances of the City as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of San Bernardino.”
SECTION 3. Such Code of Ordinances as adopted in Section 2 shall consist of the following Titles:
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Ordinance No. MC-1653
2 TITLE 1: GENERAL PROVISIONS
1.01. Code Adoption
1.04. General Provisions
1.08. Resolutions and Ordinances
1.12. General Penalty
1.16. Boundaries of Wards
1.20. Working of Probationers on Public Property
1.24. Designation of Old City
1.26. Time Limitations for Administrative Mandamus Proceedings
1.28. Reserved
TITLE 2: ADMINISTRATION AND PERSONNEL
2.01. Mayor Pro Tempore
2.02. City Manager
2.03. Vacancies
2.04. Personnel System
2.06. Purchasing Agent
2.08. City Treasurer
2.10. Department of Finance and Management Services
2.12. Fire Department
2.14. Department of Public Works
2.15. Department of Community Development and Housing
2.16. Development Services Department
2.17. Boards, Bureaus and Commissions – General
2.18. Parks, Recreation and Community Services Department
2.19. Elected Official Compensation Advisory Commission
2.20. Special Counsel Services
2.22. Planning Commission
2.23. Historical Preservation Commission
2.24. Central City Parking Place Commission
2.26. Animal Control Commission
2.27. Library Board
2.28. Board of Water Commissioners
2.30. Fine Arts Commission
2.31. Relocation Appeals Board
2.32. Board of Fire Commissioners
2.34. Board of Police Commissioners
2.36. Peace Officer Standards and Training
2.38. Police Reserve
2.39. Human Relations Commission
2.40. Community Development Commission
2.41. Main Street Advisory Board
2.42. Community Television Commission
2.43. Bureau of Franchises
2.44. Cemetery Commission
2.45. Building Appeals Board
2.46. Disaster Council
2.47. Central City Advisory Board
Packet Page 20
Ordinance No. MC-1653
3 2.48. State Employees’ Retirement System
2.49. Senior Affairs Commission
2.50. Personnel Commission
2.52. City Hall
2.54. Holidays
2.55. Local Campaign Finance Regulations
2.56. Elections
2.57. Online or Electronic Filing of Fair Political Practices Commission Forms
2.58. Meetings
2.60. Disclosure of Financial Interests
2.62. Filing of Official Bonds
2.64. Appeals to City Council
2.65. Sale of Real Property
2.66. Contract of Indemnity
2.68. Vacancies in Office
2.70. Sale of Unclaimed Property
2.72. Demands Against City; Payment
2.73. Collection of Debts
2.74. Financial Interests of Appointed City Committee Members
2.75. Use of City’s CATV Facilities
2.76. Council Committees
2.77. Facilities Management Department
2.78. Code Compliance Department
2.79. Information Technology Department
2.80. Animal Control Department
2.81. Police Department
2.82. Mayor and City Council Compensation
2.83. Department of Economic Development
TITLE 3: REVENUE AND FINANCE
3.04. Purchasing System
3.05. Budget Transfers
3.08. Warrants
3.10. Checks Returned for Insufficient Funds
3.12. Refund of Fees for Permits, Licenses and Certificates
3.13. Waiver or Refund of Fees for Charitable Organizations
3.16. Claims Against the City
3.20. Special Gas Tax Street Improvement Fund
3.24. Traffic Safety Fund
3.26. Traffic Systems Fee
3.27. Development Impact Fees
3.28. Special Public Health Fund
3.32. Public Park Development and Recreation Fund
3.36. Cemetery Fund
3.38. Planned Local Drainage Facilities Fund
3.40. Property Taxes
3.44. Service Users Tax
3.46. Service Users Tax Reduction and Modernization Act
3.48. Real Property Transfer Tax
Packet Page 21
Ordinance No. MC-1653
4 3.52. Uniform Transient Occupancy Tax
3.54. Reserved
3.55. Transient Lodging Tax
3.56. Uniform Local Sales and Use Tax
3.57. Transactions and Use Tax
3.60. Cigarette Tax
3.64. Tax on Parking and Business Improvement Area
3.68. Assessment for Nuisance Abatement
3.70. Fees Set by Resolution
3.72. User Fees for Emergency Medical Services
3.73. User Fees for Video Production Services
3.75. Drainage Facilities; Public Utilities
3.80. Cost Recovery System for Booking Fee Collections
TITLE 4: RESERVED
[Reserved]
TITLE 5: BUSINESS REGISTRATION AND REGULATIONS
Article I. General Provisions
5.04. General Provisions and Rates
5.05. Medical Marijuana Dispensaries
5.08. Reserved
5.10. Commercial Cannabis Activities
5.12. Reserved
5.14. Entertainment - Dances and Adult Entertainment
5.16. Fire, Removal or Closing-Out Sales
5.18. Cannabis Business Tax
5.19. Peddling and Soliciting
5.20. Massage Parlors - Massagists
5.22. Outdoor Sales and Displays
5.24. Transporting Persons for Hire
5.26. Shopping Carts
Article II. Specific Businesses
5.28. Automobile Wreckers
5.30. Sidewalk Vending
5.32. Billiard Rooms and Poolrooms
5.36. Bingo Games
5.40. Charitable and Religious Solicitations in Central City Mall
5.42. Outdoor Entertainment
5.44. Coin-Operated Game Machines
5.48. Reserved
5.52. Escort Bureaus
5.56. Junk and Secondhand Dealers
5.60. Motor Buses
5.64. Motor Fuel Sales
Packet Page 22
Ordinance No. MC-1653
5 5.68. Personal Property Sales
5.72. Satellite Horse Race Wagering
5.76. Taxicabs and Non-Emergency Medical Vehicles
5.80. Theaters - Motion Picture and Electrical Equipment
5.82. Operator Permit Regulations
5.84. Enforcement - Citing Authority
TITLE 6: ANIMALS
6.01. General Provisions
6.02. Noisy Animals
6.03. Keeping of Non-Equine Livestock
6.04. Horses
6.05. Fowl
6.06. Pigeons
6.07. Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity
6.08. Dogs
6.09. Vicious and Potentially Dangerous Dogs
6.10. Cats
6.11 Quarantine
6.12 Police Dogs
6.13 Enforcement – Penalty
6.14 Administrative Citations
TITLE 7: RESERVED
[Reserved]
TITLE 8: HEALTH AND SAFETY
8.01. Environmental Health Code (AEHC@)
8.02. Inspection Grading of Food Establishments
8.03. Apiaries
8.05. Collection of Rent for Buildings Ordered Vacated
8.06. Distribution of Medicine, Pills or Drugs
8.07. Reserved
8.09. Treatment of Wounded Persons
8.12. Reserved
8.14. Yard Sales
8.15. Litter
8.18. Accumulation of Combustible and Non-Combustible Materials
8.19. Abatement of Fire Hazards and Hazardous Trees
8.21. Reserved
8.24. Solid Waste Collection, Removal, Disposal, Processing and Recycling
8.24.5. Construction and Demolition Waste Recycling Program
8.25. Scrap Tires
8.27. Nuisances
8.30. Public Nuisances
8.33. Reserved
8.35. Reserved
8.36. Abandoned Vehicles
Packet Page 23
Ordinance No. MC-1653
6 8.38. Signs on Vacant Properties
8.39. Seizure and Forfeiture of Nuisance Vehicles
8.42. Reserved
8.45. Reserved
8.48. Hotels and Lodging Houses
8.50. Venereal Diseases
8.51. Mufflers
8.54. Noise Control
8.57. Sound Vehicles
8.60. Fireworks
8.61. Prohibited Fireworks
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
Article I. Offenses Against Public Officers and Government
9.04. Improper Use of City Insignia
9.08. Soliciting Tort Claims
9.12. Disturbing City Business
9.16. False Reports
Article II. Offenses Against the Person
9.20. Leg-Hold Traps
Article III. Offenses Against Public Decency
9.28. Offenses Against Public Decency
9.32. Public Consumption of Alcohol
9.36. Reserved
9.40. Reserved
9.44. Games of Chance
Article IV. Offenses Against Public Peace
9.48. Sound-Making or Sound-Amplifying Devices
9.49. Recreational Activities - Shopping Centers
Article V. Offenses Against Property
9.52. Trespass
9.56. Motor Vehicle Trespass
9.58. Private Surveillance Equipment
Article VI. Consumer Protection
9.60. Prohibition Against Certain Forms of Aggressive Solicitation
9.62. Median Island Safety
9.64. Fake Sales
Article VII. Offenses By or Against Minors
Packet Page 24
Ordinance No. MC-1653
7 9.68. Curfew - Minors
9.69. Daytime Loitering
9.70. Protection of Minors
Article VIII. Weapons
9.80. Concealed Weapons
9.84. Projectiles
9.90. Authority to Arrest - Citations
9.92. Administrative Citation Process
9.93. Administrative Civil Penalties
9.94. Administrative Hearings and Appeals
Article IX. Narcotics and Gangs
9.95. Narcotics and Gang-Related Crime Eviction Program
9.96. Crime-Free Zones
9.97. Regulation of Registered Sex Offenders
9.98. Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs TITLE 10: VEHICLES AND TRAFFIC
Article I. General Regulations
10.04. Definitions
10.08. Obedience to Traffic Regulations
10.12. Traffic-Control Devices
10.16. Stopping, Standing and Parking
10.20. Special Stops
10.24. Operation of Vehicles and Bicycles
10.25. Vehicles for Sale on Public Streets
10.28. Pedestrians
10.32. Buses and Railroad Trains
10.36. Loading Zones, Bus Stops and Crosswalks
10.38. Drive-In Establishments
10.40. Damage to Property
10.44. Violation - Penalty
Article II. Specific Regulations
10.48. Bicycles
10.52. Speed Limits
10.56. Noise Limits
TITLE 11: RESERVED
[Reserved]
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
Packet Page 25
Ordinance No. MC-1653
8 12.03. Right-of-Way Permits - Excavations and Temporary Encroachments
12.04. Reserved
12.05. Right-of-Way Permits - Wireless Facilities
12.08. Reserved
12.12. Telegraph and Telephone Poles - Underground Utilities
12.16. Datum Plane
12.20. Public Projects
12.21. Design-Build
12.24. Public Works Contracts
12.28. Improvements
12.30. Sight Distance Requirement
12.32. House Numbers
12.36. Street Grades
12.40. Street Trees
12.44. Obstructions
12.48. Bridges
12.52. Fire Hydrants
12.56. Parades
12.60. Vending Near Public Schools
12.64. Motion Picture and Television Production Permits
12.68. Park and School Grounds
12.72. Clocks
12.76. Seccombe Lake Park
12.80. Public Parks and Recreational Facilities
12.84. Off-Street Public Parking
12.88. Hang Gliding
12.90. Establishment, Financing and Operation of Assessment Districts
12.92. Construction and Maintenance of Sidewalks, Curbs and Driveways
12.93. City Participation in Sidewalk/Curb Repair and Sewer Connection Costs
12.94. Improvement Districts
12.95. Substandard Driveway Approaches
12.96. Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet
12.98. Camping on Public Streets and Parks
TITLE 13: PUBLIC UTILITIES
13.04. Wells
13.08. Connection with Public Sewer
13.12. Cross-Connections and Backflow Prevention Devices
13.16. Reserved
13.20. Geothermal Resources
13.24. Water Supply System
13.25. Spreading or Extraction Within the Management Zone
13.28. Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges
13.32. Wastewater Facilities
13.36. Underground Facilities
TITLE 14: FRANCHISES
14.04. General Regulations
Packet Page 26
Ordinance No. MC-1653
9 14.08. Cable, Video and Telecommunications Service Providers TITLE 15: BUILDINGS AND CONSTRUCTION
15.04. Building Codes
15.05. Property Maintenance Code
15.08. Liquefaction
15.10. Foothill Fire Zone Building Standards
15.11. Building Safety Enhancement Area Building Standards
15.12. Earthquake Hazard Reduction in Existing Buildings
15.16. Uniform Fire Code
15.20. Certificate of Occupancy
15.24. Property Maintenance Requirements
15.25. Multi-Family Rental Housing Fire Inspection Program
15.26. Single-Family Rental Property Inspection Program
15.27. Multi-Family Rental Housing Program Maintenance Standards
15.28. Dangerous Buildings
15.32. Reserved
15.34. Removal or Destruction of Trees
15.36. Demolition and Moving of Buildings and Structures
15.37. Historic Building Demolition Ordinance
15.38. Reserved
15.40. Reserved
15.44. Reserved
15.48. Swimming Pools
15.52. Reserved
15.55. City Assumption of Code Enforcement in Mobile Home Parks
15.56. Reserved
15.57. Cultural Development Construction Tax
15.60. Reserved
15.64. Reserved
15.68. Washers, Dryers, Extractors and Compressors
15.72. Reserved
15.73. Verdemont Area - Infrastructure Fee
15.74. Violation - Penalty
TITLE 16: SIGNS
16.04. Reserved
16.08. Reserved
16.12. Political Signs
16.16. Street Banner Permit
16.18. Unauthorized Signs on Public Property
TITLE 17: ENVIRONMENTAL PROTECTION
17.04. Reserved
17.05. Hazardous Waste Management Plan
17.06. Water Wise Landscape Program
17.07. Water Efficient Landscape Ordinance
17.08. Mobile Source Air Pollution Ordinance
Packet Page 27
Ordinance No. MC-1653
10 TITLE 18: RESERVED
[Reserved]
TITLE 19: LAND USE/SUBDIVISION REGULATIONS
[Reserved]
PARALLEL REFERENCES
References to California Codes
References to Ordinances
INDEX
SECTION 4. Continuation of Existing Law. The recodification and adoption of the City of San Bernardino Municipal Code is intended by the City Council to be a continuation of existing provisions of the City of San Bernardino Municipal Code, and nothing is intended to modify or enact any new laws or new taxes. To the extent the provisions of the City of San Bernardino Municipal Code are substantially the same as existing law, the provisions of the City of San Bernardino Municipal Code shall be considered a continuation of existing law and not new enactments.
SECTION 5. All prior ordinances pertaining to the subjects treated in the City of San Bernardino Municipal Code shall be deemed repealed from and after the effective date of this Ordinance except as they are included and reordained in whole or in part in the City of San Bernardino Municipal Code ; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the City of San Bernardino Municipal Code.
SECTION 6. The City of San Bernardino Municipal Code shall be in full force and effect as provided in this Ordinance, and the City of San Bernardino Municipal Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given
SECTION 7. Certification. 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.
Packet Page 28
Ordinance No. MC-1653
11 SECTION 8. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 10. Effective Date. This Ordinance shall take effect 30 days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________ 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 29
Ordinance No. MC-1653
12 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1653, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 2nd day of July 2025. Ordinance No. MC-1653 was approved, passed and adopted at a regular meeting held the XX day of , 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.
Telicia Lopez, CMC, Acting City Clerk
Packet Page 30
CITY OF SAN BERNARDINO, CALIFORNIA
CODE OF ORDINANCES
This manuscript contains
local legislation current through Ord. MC-1626, passed 2-21-2024 Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street h Ste. 310 h Cincinnati, Ohio 45202
1-800-445-5588 h www.amlegal.com
Packet Page 31
SAN BERNARDINO, CALIFORNIA
TABLE OF CONTENTS
CHARTER
Chapter
TITLE 1: GENERAL PROVISIONS
1.01. Code Adoption
1.04. General Provisions
1.08. Resolutions and Ordinances
1.12. General Penalty
1.16. Boundaries of Wards
1.20. Working of Probationers on Public Property
1.24. Designation of Old City
1.26. Time Limitations for Administrative Mandamus Proceedings
1.28. Administrative and Legislative Interpretation and Practice - CharterReserved TITLE 2: ADMINISTRATION AND PERSONNEL
2.01. Mayor Pro Tempore
2.02. City Manager
2.03. Vacancies
2.04. Personnel System
2.06. Purchasing Agent
2.08. City Treasurer
2.10. Department of Finance and Management Services
2.12. Fire Department
2.14. Department of Public Works
2.15. Department of Community Development and Housing
2.16. Development Services Department
2.17. Boards, Bureaus and Commissions - General
2.18. Parks, Recreation and Community Services Department
2.19. Elected Official Compensation Advisory Commission
2.20. Special Counsel Services
2.22. Planning Commission
2.23. Historical Preservation Commission
2.24. Central City Parking Place Commission
2.26. Animal Control Commission
2.27. Library Board
2.28. Board of Water Commissioners
2.30. Fine Arts Commission
2.31. Relocation Appeals Board
2.32. Board of Fire Commissioners
2.34. Board of Police Commissioners
2.36. Peace Officer Standards and Training
1 Packet Page 32
2 San Bernardino - Table of Contents
TITLE 2: ADMINISTRATION AND PERSONNEL (Cont’d)
2.38. Police Reserve
2.39. Human Relations Commission
2.40. Community Development Commission
2.41. Main Street Advisory Board
2.42. Community Television Commission
2.43. Bureau of Franchises
2.44. Cemetery Commission
2.45. Building Appeals Board
2.46. Disaster Council
2.47. Central City Advisory Board
2.48. State Employees’ Retirement System
2.49. Senior Affairs Commission
2.50. Personnel Commission
2.52. City Hall
2.54. Holidays
2.55. Local Campaign Finance Regulations
2.56. Elections
2.57. Online or Electronic Filing of Fair Political Practices Commission Forms
2.58. Meetings
2.60. Disclosure of Financial Interests
2.62. Filing of Official Bonds
2.64. Appeals to CommonCity Council
2.65. Sale of Real Property
2.66. Contract of Indemnity
2.68. Vacancies in Office
2.70. Sale of Unclaimed Property
2.72. Demands Against City; Payment
2.73. Collection of Debts
2.74. Financial Interests of Appointed City Committee Members
2.75. Use of City’s CATV Facilities
2.76. Council Committees
2.77. Facilities Management Department
2.78. Code Compliance Department
2.79. Information Technology Department
2.80. Animal Control Department
2.81. Police Department
2.82. Mayor and City Council Compensation
2.83. Department of Economic Development
TITLE 3: REVENUE AND FINANCE
3.04. Purchasing System
3.05. Budget Transfers
3.08. Warrants
3.10. Checks Returned for Insufficient Funds
Packet Page 33
Table of Contents 3
TITLE 3: REVENUE AND FINANCE (Cont’d)
3.12. Refund of Fees for Permits, Licenses and Certificates
3.13. Waiver or Refund of Fees for Charitable Organizations
3.16. Claims Against the City
3.20. Special Gas Tax Street Improvement Fund
3.24. Traffic Safety Fund
3.26. Traffic Systems Fee
3.27. Development Impact Fees
3.28. Special Public Health Fund
3.32. Public Park Development and Recreation Fund
3.36. Cemetery Fund
3.38. Planned Local Drainage Facilities Fund
3.40. Property Taxes
3.44. Service Users Tax
3.46. Service Users Tax Reduction and Modernization Act
3.48. Real Property Transfer Tax
3.52. Uniform Transient Occupancy Tax
3.54. Reserved
3.55. Transient Lodging Tax
3.56. Uniform Local Sales and Use Tax
3.57. Transactions and Use Tax
3.60. Cigarette Tax
3.64. Tax on Parking and Business Improvement Area
3.68. Assessment for Nuisance Abatement
3.70. Fees Set by Resolution
3.72. User Fees for Emergency Medical Services
3.73. User Fees for Video Production Services
3.75. Drainage Facilities; Public Utilities
3.80. Cost Recovery System for Booking Fee Collections
TITLE 4: RESERVED
[Reserved]
TITLE 5: BUSINESS REGISTRATION AND REGULATIONS
Article I. General Provisions
5.04. General Provisions and Rates
5.05. Medical Marijuana Dispensaries
5.08. Reserved
5.10. Commercial Cannabis Activities
5.12. Reserved
5.14. Entertainment - Dances and Adult Entertainment
Packet Page 34
4 San Bernardino - Table of Contents
TITLE 5: BUSINESS REGISTRATION AND REGULATIONS (Cont’d) Article I. General Provisions (Cont’d)
5.16. Fire, Removal or Closing-Out Sales
5.18. Cannabis Business Tax
5.19. Peddling and Soliciting
5.20. Massage Parlors - Massagists
5.22. Outdoor Sales and Displays
5.24. Transporting Persons for Hire
5.26. Shopping Carts
Article II. Specific Businesses
5.28. Automobile Wreckers
5.30. Sidewalk Vending
5.32. Billiard Rooms and Poolrooms
5.36. Bingo Games
5.40. Charitable and Religious Solicitations in Central City Mall
5.42. Outdoor Entertainment
5.44. Coin-Operated Game Machines
5.48. Reserved
5.52. Escort Bureaus
5.56. Junk and Secondhand Dealers
5.60. Motor Buses
5.64. Motor Fuel Sales
5.68. Personal Property Sales
5.72. Satellite Horse Race Wagering
5.76. Taxicabs and Non-Emergency Medical Vehicles
5.80. Theaters - Motion Picture and Electrical Equipment
5.82. Operator Permit Regulations
5.84. Enforcement - Citing Authority
TITLE 6: ANIMALS
6.01. General Provisions
6.02. Noisy Animals
6.03. Keeping of Non-Equine Livestock
6.04. Horses
6.05. Fowl
6.06. Pigeons
6.07. Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity
6.08. Dogs
6.09. Vicious and Potentially Dangerous Dogs
6.10. Cats
Packet Page 35
Table of Contents 5
TITLE 6: ANIMALS (Cont’d)
6.11. Quarantine
6.12. Police Dogs
6.13. Enforcement - Penalty
6.14. Administrative Citations
TITLE 7: RESERVED
[Reserved]
TITLE 8: HEALTH AND SAFETY
8.01. Environmental Health Code (“EHC”)
8.02. Inspection Grading of Food Establishments
8.03. Apiaries
8.05. Collection of Rent for Buildings Ordered Vacated
8.06. Distribution of Medicine, Pills or Drugs
8.07. Reserved
8.09. Treatment of Wounded Persons
8.12. Reserved
8.14. Yard Sales
8.15. Litter
8.18. Accumulation of Combustible and Noncombustible Materials
8.19. Abatement of Fire Hazards and Hazardous Trees
8.21. Reserved
8.24. Solid Waste Collection, Removal, Disposal, Processing and Recycling
8.24.5. Construction and Demolition Waste Recycling Program
8.25. Scrap Tires
8.27. Nuisances
8.30. Public Nuisances
8.33. Reserved
8.35. Reserved
8.36. Abandoned Vehicles
8.38. Signs on Vacant Properties
8.39. Seizure and Forfeiture of Nuisance Vehicles
8.42. Reserved
8.45. Reserved
8.48. Hotels and Lodging Houses
8.50. Venereal Diseases
8.51. Mufflers
8.54. Noise Control
8.57. Sound Vehicles
8.60. Fireworks
8.61. Prohibited Fireworks
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6 San Bernardino - Table of Contents
TITLE 8: HEALTH AND SAFETY (Cont’d)
8.63. Explosives and Fires
8.65. Destruction of Weapons
8.66. Moving of Buildings and Oversize Loads
8.68. Etching Cream, Aerosol Containers and Certain Marker Pens
8.69. Graffiti
8.72. Reserved
8.73. No Smoking In Parks
8.75. Reserved
8.78. Automatic Dialing and Taped Message Alarm Systems
8.79. Floodplain Management
8.80. Storm Water Drainage System
8.81. Security Alarm Systems
8.82. Establishment of Extraordinary Law Enforcement Services
8.83. Social Host Accountability
8.84. Castor Bean Plants
8.87. Railroad Companies
8.90. Mobile Home Rents
8.93. Bicycles Prohibited in Certain Public Buildings
8.95. Animals Prohibited in City Buildings
8.97. Smoking Cannabis in Public Places
8.99. Personal Cultivation of Cannabis
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
Article I. Offenses Against Public Officers and Government
9.04. Improper Use of City Insignia
9.08. Soliciting Tort Claims
9.12. Disturbing City Business
9.16. False Reports
Article II. Offenses Against the Person
9.20. Leg-Hold Traps
Article III. Offenses Against Public Decency
9.28. Offenses Against Public Decency
9.32. Public Consumption of Alcohol
9.36. Reserved
9.40. Reserved
9.44. Games of Chance
Packet Page 37
Table of Contents 7
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE (Cont’d)
Article IV. Offenses Against Public Peace
9.48. Sound-Making or Sound-Amplifying Devices
9.49. Recreational Activities - Shopping Centers
Article V. Offenses Against Property
9.52. Trespass
9.56. Motor Vehicle Trespass
9.58. Private Surveillance Equipment
Article VI. Consumer Protection
9.60. Prohibition Against Certain Forms of Aggressive Solicitation
9.62. Median Island Safety
9.64. Fake Sales
Article VII. Offenses By or Against Minors
9.68. Curfew - Minors
9.69. Daytime Loitering
9.70. Protection of Minors
Article VIII. Weapons
9.80. Concealed Weapons
9.84. Projectiles
9.90. Authority to Arrest - Citations
9.92. Administrative Citation Process
9.93. Administrative Civil Penalties
9.94. Administrative Hearings and Appeals
Article IX. Narcotics and Gangs
9.95. Narcotics and Gang-Related Crime Eviction Program
9.96. Crime Free Zones
9.97. Regulation of Registered Sex Offenders
9.98. Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs
TITLE 10: VEHICLES AND TRAFFIC
Article I. General Regulations
10.04. Definitions
10.08. Obedience to Traffic Regulations
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8 San Bernardino - Table of Contents
TITLE 10: VEHICLES AND TRAFFIC (Cont’d)
Article I. General Regulations (Cont’d)
10.12. Traffic-Control Devices
10.16. Stopping, Standing and Parking
10.20. Special Stops
10.24. Operation of Vehicles and Bicycles
10.25. Vehicles for Sale on Public Streets
10.28. Pedestrians
10.32. Buses and Railroad Trains
10.36. Loading Zones, Bus Stops and Crosswalks
10.38. Drive-In Establishments
10.40. Damage to Property
10.44. Violation - Penalty
Article II. Specific Regulations
10.48. Bicycles
10.52. Speed Limits
10.56. Noise Limits
TITLE 11: RESERVED
[Reserved]
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACE
12.03. Right-of-Way Permits - Excavations and Temporary Encroachments
12.04. Reserved
12.05. Right-of-Way Permits - Wireless Facilities
12.08. Reserved
12.12. Telegraph and Telephone Poles - Underground Utilities
12.16. Datum Plane
12.20. Public Projects
12.21. Design-Build
12.24. Public Works Contracts
12.28. Improvements
12.30. Sight Distance Requirement
12.32. House Numbers
12.36. Street Grades
12.40. Street Trees
12.44. Obstructions
12.48. Bridges
12.52. Fire Hydrants
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TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACE (Cont’d)
12.56. Parades
12.60. Vending Near Public Schools
12.64. Motion Picture and Television Production Permits
12.68. Park and School Grounds
12.72. Clocks
12.76. Seccombe Lake Park
12.80. Public Parks and Recreational Facilities
12.84. Off-Street Public Parking
12.88. Hang Gliding
12.90. Establishment, Financing and Operation of Assessment Districts
12.92. Construction and Maintenance of Sidewalks, Curbs and Driveways
12.93. City Participation in Sidewalk/Curb Repair and Sewer Connection Costs
12.94. Improvement Districts
12.95. Substandard Driveway Approaches
12.96. Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet
12.98. Camping on Public Streets and Parks
TITLE 13: PUBLIC UTILITIES
13.04. Wells
13.08. Connection with Public Sewer
13.12. Cross-Connections and Backflow Prevention Devices
13.16. Reserved
13.20. Geothermal Resources
13.24. Water Supply System
13.25. Spreading or Extraction Within the Management Zone
13.28. Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges
13.32. Wastewater Facilities
13.36. Underground Facilities
TITLE 14: FRANCHISES
14.04. General Regulations
14.08. Cable, Video and Telecommunications Service Providers TITLE 15: BUILDINGS AND CONSTRUCTION
15.04. Building Codes
15.05. Property Maintenance Code
15.08. Liquefaction
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TITLE 15: BUILDINGS AND CONSTRUCTION (Cont’d)
15.10. Foothill Fire Zone Building Standards
15.11. Building Safety Enhancement Area Building Standards
15.12. Earthquake Hazard Reduction in Existing Buildings
15.16. Uniform Fire Code
15.20. Certificate of Occupancy
15.24. Property Maintenance Requirements
15.25. Multi-Family Rental Housing Fire Inspection Program
15.26. Single-Family Rental Property Inspection Program
15.27. Multi-Family Rental Housing Program Maintenance Standards
15.28. Dangerous Buildings
15.32. Reserved
15.34. Removal or Destruction of Trees
15.36. Demolition and Moving of Buildings and Structures
15.37. Historic Building Demolition Ordinance
15.38. Reserved
15.40. Reserved
15.44. Reserved
15.48. Swimming Pools
15.52. Reserved
15.55. City Assumption of Code Enforcement in Mobile Home Parks
15.56. Reserved
15.57. Cultural Development Construction Tax
15.60. Reserved
15.64. Reserved
15.68. Washers, Dryers, Extractors and Compressors
15.72. Reserved
15.73. Verdemont Area - Infrastructure Fee
15.74. Violation - Penalty
TITLE 16: SIGNS
16.04. Reserved
16.08. Reserved
16.12. Political Signs
16.16. Street Banner Permit
16.18. Unauthorized Signs on Public Property
TITLE 17: ENVIRONMENTAL PROTECTION
17.04. Reserved
17.05. Hazardous Waste Management Plan
17.06. Water Wise Landscape Program
17.07. Water Efficient Landscape Ordinance
17.08. Mobile Source Air Pollution Ordinance
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TITLE 18: RESERVED
[Reserved]
TITLE 19: LAND USE/SUBDIVISION REGULATIONS
[Reserved]
PARALLEL REFERENCES
References to California Codes
References to Ordinances
INDEX
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CHARTER
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2 San Bernardino - Charter
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CHARTER
Section
Preamble
Article I: Names, Boundaries, Powers, Rights and
Succession, Intergovernmental Relations
Section 100. Name and Boundaries
Section 101. Powers of the City
Section 102. Interpretation of Powers
Section 103. Rights and Succession
Section 104. Intergovernmental Relations
Article II: Form of Government
Section 200. Form of Government
Article III: City Council and Mayor
Section 300. General Powers and Duties
Section 301. Composition, Eligibility, and
Terms
Section 302. Powers and Duties of the Council
Section 303. Powers and Duties of the Mayor
Section 304. Manners of Action
Section 305. Compensation; Expenses
Section 306. Prohibitions
Section 307. Vacancies; Filling of Vacancies
Section 308. Judge of Qualifications
Section 309. Council Organization, Meetings
and Rules of Order
Article IV: City Manager
Section 400. City Manager Appointment,
Qualifications and Compensation
Section 401. Powers and Duties
Article V: Departments, Services, Officers and
Employees
Section 501. General Provisions
Section 502. Direction by City Manager
Section 503. Continuation of Departments
Section 504. City Attorney
Section 505. City Clerk
Section 506. Departmental Administrators;
Appointive Powers
Section 507. Services
Section 508. Personnel System
Section 509. Official Bonds
Article VI: Boards, Commissions and Committees
Section 600. General Provisions
Section 601. Appointment, Removal, Terms
of Office and Procedural Rules
Section 602. Library
Section 603. Water and Wastewater
Section 604. Personnel Commission
Article VII: Financial Management
Section 700. Fiscal Year
Section 701. Submission of Budget and Budget
Message
Section 702. Budget and Capital Improvement
Program
Section 703. Council Action on the Budget
and Capital Improvement Plan
Section 704. Independent Audit
Article VIII: Elections
Section 800. City Elections
Section 801. Elective Officers; Terms
Section 802. Number of Wards
Section 803. Adjustment of Ward Boundaries
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Article IX: Initiative, Citizen Referendum and
Recall
Section 900. Initiative, Citizen Referendum
and Recall
Article X: Charter Amendments
Section 1000. Charter Amendments
Section 1001. Periodic Review of Charter
Article XI: Severability
Section 1100. Severability
Charter Index
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: NAMES, BOUNDARIES,
POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
SECTION 100. NAME AND BOUNDARIES.
The City of San Bernardino, hereinafter termed
the City, shall continue to be a municipal corporation
under its present name of “City of San Bernardino.”
The boundaries of the City shall be as now established
until changed in the manner authorized by law.
SECTION 101. POWERS OF THE CITY.
The City shall have all powers possible for a city
to have under the constitution and laws of the State of California as fully and completely as though they were
specifically enumerated in this Charter.
SECTION 102. INTERPRETATION OF
POWERS.
The powers of the City under this Charter shall be
construed in favor of the City, and the specific
mention of particular powers in the Charter shall not
be interpreted as limiting in any way the general
power granted in this article.
SECTION 103. RIGHTS AND SUCCESSION.
The City shall continue to own, possess and
control all rights and property of every kind and
nature, owned, possessed or controlled by it at the
time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities.
All ordinances, codes, resolutions, rules,
regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or
inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended,
changed, or superseded by proper authority as
provided by this Charter.
Subject to the provisions of this Charter, the
present officers and employees of the City shall
continue to perform the duties of their respective
offices and employments under the same 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.
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The City may participate by contract or otherwise
with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent
permitted by applicable law.
ARTICLE II: FORM OF GOVERNMENT
SECTION 200. FORM OF GOVERNMENT.
The municipal government established by this
Charter is the council-manager form of government.
ARTICLE III: CITY COUNCIL AND MAYOR
SECTION 300. GENERAL POWERS AND
DUTIES.
All powers of the City shall be vested in the City
Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the
exercise and performance of all duties and obligations
imposed on the City by State and Federal laws.
Except as otherwise required by law, the role of
the Council is legislative, which includes the power to set policy, approve contracts and agreements, and
undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the
discretion of management to choose the appropriate
means to achieve the Council’s goals.
SECTION 301. COMPOSITION,
ELIGIBILITY, AND TERMS.
(a) Composition. The Council shall be composed
of seven (7) Council members. The term “Council,”
“legislative body,” or other similar terms as used in
this Charter or any other provisions of law shall be
deemed to refer to the collective body composed of the
Council members.
(b) Eligibility. Only registered voters of the City
shall be eligible to hold the office of Council member
or Mayor. Those elected shall have been qualified
electors and residents of their respective wards for a
period of at least thirty (30) consecutive days
immediately preceding the date of filing their
nomination papers for the office.
SECTION 302. POWERS AND DUTIES OF
THE COUNCIL.
The Council, in collaboration with the Mayor,
shall ensure fundamental municipal services are
provided to protect and promote public health, safety,
and welfare. The Council and Mayor shall operate
together to serve the best interests of the City.
The Council, in collaboration with the Mayor,
will develop and implement a Code of Conduct to
guide and direct their interactions and duties, including measures to hold one another accountable for
deviations from the goals and principles set forth in
this Charter and the City Code of Conduct.
The Council, in collaboration with the Mayor,
shall create and implement a plan to maintain the
City’s fiscal integrity.
Each Council member shall be entitled to vote on
all matters coming before the Council. The Council
shall have the power to override any veto of the Mayor
by a vote of five (5) or more Council members.
The Council shall select a Mayor Pro Tempore
from one of its own members. In the event of a
temporary absence from the City, illness, or any other
cause that makes the Mayor temporarily unable to
perform the duties of his or her office, the Mayor Pro
Tempore shall have all powers and authority that the
Mayor would have possessed if present to perform his
or her duties.
However, the Mayor Pro Tempore may not cast
an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to
exercise his or her vote as a Council member.
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SECTION 303. POWERS AND DUTIES OF
THE MAYOR.
The Mayor shall have the following powers and
perform the following duties, in addition to others as
specified in this Charter:
(a) Attend and preside at meetings of the
Council and may participate fully in all discussions,
but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in
this Charter;
(b) Have the authority to veto any Council action
approved by fewer than five (5) members of the
Council;
(c) Shall participate in the vote (1) to appoint or
remove the City Manager, City Attorney and City
Clerk and fix their compensation and (2) to appoint or
remove members of boards, commissions or
committees, except committees made up wholly of less
than a majority of City Council members;
(d) Appoint the members and officers of Council
committees (committees made up wholly of less than
a majority of City Council members), and perform
other duties as specified by the Council;
(e) Be recognized as the head of the City
government for all ceremonial purposes and by the
governor for purposes of military law;
(f) Be the chief spokesperson for the City; and
(g) Represent the City in intergovernmental
relations and establish and maintain partnerships and
regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the
Council; and
(h) Execute all ordinances, resolutions and
contracts approved by the City Council except as
otherwise authorized by the City Council.
The Mayor shall have no administrative,
appointment or removal powers except as otherwise
provided in this Charter.
The office of Mayor shall be a full-time position
and the incumbent shall not engage in any business,
professional or occupational activities that interfere
with the discharge of the duties of the office.
SECTION 304. MANNERS OF ACTION.
Actions of the Council require a simple majority
vote of the quorum present for approval unless:
(a) Otherwise required for charter cities under
State or Federal law; or
(b) Required by this Charter to be approved by
at least five affirmative votes of the Mayor and
members of the Council.
SECTION 305. COMPENSATION; EXPENSES.
Compensation for the Mayor and Council
members shall be established by ordinance following
a public hearing, giving due consideration to the
recommendations of an advisory commission charged
with the periodic review of compensation for
City-elected officials. Compensation for the Mayor
shall be commensurate with that for a full-time
position.
No ordinance increasing such salaries shall
become effective until the date of commencement of
the terms of Council members elected at the next
regular election. The Mayor and Council members
shall receive reimbursement for actual and necessary
expenses incurred in the performance of their duties of office.
SECTION 306. PROHIBITIONS.
(a) Holding Other Office. No Mayor or Council
member shall hold any other City office or City
employment during the term for which he or she was
elected. No former Mayor or Council member shall
hold any compensated appointive office or
employment with the City until one (1) year after the
expiration of the term for which he or she was elected.
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(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 discussing
with the City Manager anything pertaining to the
appointment and removal of such officers and
employees.
(d) Interference with Administration. Neither the
Mayor nor any Council member shall interfere with
the discretion of the City Manager in the exercise or
performance of his or her powers or duties. The
Mayor and Council members shall deal with City
officers and employees who are subject to the direction and supervision of the City Manager solely through the
City Manager, and shall not give orders to or attempt
to direct the work of such officers and employees
either publicly or privately. Inquiries may be made
directly to officers and employees under the
supervision of the City Manager with the knowledge
and consent of the City Manager.
SECTION 307. VACANCIES; FILLING OF
VACANCIES.
(a) Vacancies. If the Council determines any of
the events enumerated in provisions of the Government
Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall
declare a vacancy for the office of Council member or
for the office of Mayor.
(b) Filling of Vacancies. The method of filling
vacancies shall be as prescribed by ordinance.
SECTION 308. JUDGE OF QUALIFICATIONS.
The Council shall be the judge of the election and
qualifications of its members and whether grounds
exist for forfeiture of their office.
SECTION 309. COUNCIL ORGANIZATION,
MEETINGS AND RULES OF ORDER.
The Council shall establish by ordinance the time,
place and the method of calling meetings, the rules of
order for the conduct of proceedings by the Council,
and the order of succession in the event of a vacancy
in the office of Mayor.
ARTICLE IV: CITY MANAGER
SECTION 400. CITY MANAGER
APPOINTMENT, QUALIFICATIONS AND
COMPENSATION.
The Mayor and Council, by a vote of the Mayor
and entire Council, shall appoint a City Manager and
fix the City Manager’s compensation, as provided in
section 304(b) of this Charter. The City Manager may
be removed by the Mayor and entire Council in the
same manner. The City Manager shall be appointed on
the basis of education and experience in the accepted
competencies and practices of local government
management. The Mayor and Council shall establish
and communicate clear expectations for the City
Manager. An evaluation of the City Manager’s
performance shall be conducted at least annually.
SECTION 401. POWERS AND DUTIES.
The City Manager shall be the chief executive
officer of the City, responsible to the Council for the management of all City affairs placed in the City
Manager’s charge by or under this Charter. The City
Manager will be the sole authority for managing City
operations and appointing and directing City staff,
except as otherwise provided in this Charter.
The City Manager shall:
(a) Appoint and suspend or remove all City
employees and appoint administrative officers, except
as otherwise provided by law, this Charter, or
established personnel rules. The City Manager may
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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
(p) Perform other such duties as are specified in
this Charter, by ordinance, or as may be requested by
the Council.
ARTICLE V: DEPARTMENTS, SERVICES,
OFFICERS AND EMPLOYEES
SECTION 501. GENERAL PROVISIONS.
The City Manager may establish City
departments, offices, or agencies in addition to those
created by this Charter, subject to approval of the City Council, and may prescribe the functions of all
departments, offices and agencies to meet the needs of
the community in the most effective and efficient
manner.
SECTION 502. DIRECTION BY CITY
MANAGER.
Each City department, office and agency shall be
administered by an executive appointed by and subject
to the direction and supervision of the City Manager,
except the Offices of the Council, Mayor, City
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Attorney and City Clerk, the Library Board of
Trustees, and the Water Board, which shall be
administered by their respective executive officers as
provided for elsewhere in this Charter but which shall
in all other respects be governed by the policies
applicable to all other departments, offices and
agencies.
With the consent of the Council, the City
Manager may serve as the executive of one or more
such departments, offices or agencies.
The City Manager may appoint one person to
serve as the executive of two or more departments.
SECTION 503. CONTINUATION OF
DEPARTMENTS.
All departments, agencies, offices, and services
in existence at the time this Charter is adopted shall
continue in the same manner as before the adoption of
this Charter, unless and until changed by ordinance or
other action approved by the City Council.
SECTION 504. CITY ATTORNEY.
A duly qualified City Attorney shall be hired by
a vote of the Mayor and entire Council, as provided in
section 304(b) of this Charter. The City Attorney may
be removed by the Mayor and entire Council in the
same manner. The City Attorney shall serve as chief
legal advisor to the Council, the City Manager and all
City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance.
SECTION 505. CITY CLERK.
A duly qualified City Clerk shall be hired by a
vote of the Mayor and entire Council, as provided in
section 304(b) of this Charter. The City Clerk may be
removed by the Mayor and entire Council in the same
manner. The City Clerk shall give notice of Council
meetings to its members and the public, keep the
journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by
ordinance.
SECTION 506. DEPARTMENTAL
ADMINISTRATORS; APPOINTIVE POWERS.
Each departmental executive shall have the power
to appoint, supervise, suspend, or remove such
assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the
personnel rules and regulations adopted by the
Council.
SECTION 507. SERVICES.
The City shall provide for a municipal police
department. The City also shall provide for community
development, finance, fire and emergency medical
services, information technology, library, parks and
recreation, personnel, public works, water and
wastewater, and such other services as the Council
deems appropriate for the public’s health, safety and
welfare.
SECTION 508. PERSONNEL SYSTEM.
All appointments and promotions of City officers
and employees shall be made solely on the basis of
merit and fitness demonstrated by a valid and reliable
examination or other evidence of competence. The
administration of employee matters shall be delegated
to a personnel or human resources department.
Consistent with all applicable Federal and State
laws, the Council shall provide for the establishment,
regulation and maintenance of a merit system and
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governing personnel rules and regulations necessary
for the effective administration of the employees of the City’s departments, offices and agencies. Such
personnel rules and regulations may include but are
not limited to classification and pay plans,
examinations, force reduction, removals, working
conditions, provisional and exempt appointments,
in-service training, grievances and relationships with
employee organizations.
SECTION 509. OFFICIAL BONDS.
The Council shall fix by resolution the amounts
and terms of the official bonds of all officers or
employees who are required by the Council to acquire
such bonds. All bonds shall be executed by a
responsible corporate surety, shall be approved as to
form by the City Attorney, and shall be filed with the
City Clerk. Premiums on official bonds shall be paid
by the City.
There shall be no personal liability upon, or any
right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or
her subordinate, unless such superior officer was a
party to, or conspired in, such wrongful act or
omission.
ARTICLE VI: BOARDS, COMMISSIONS AND
COMMITTEES
SECTION 600. GENERAL PROVISIONS.
Each board, commission and committee
established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the
duties assigned to it upon adoption of this Charter.
However, the Council may alter the structure,
membership, powers and duties of 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
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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.
f. Compensate members of the Water Board in
accordance with actions of the Water Board following
public hearing.
g. Collaborate with the Council, Mayor and
City Manager concerning the City’s Water and
Wastewater Systems. In this regard, the Council shall
take such actions as may be appropriate to enforce
rules and regulations of the Board.
h. Establish and periodically review and revise
such rules and regulations as may be appropriate for
managing the City’s Water and Wastewater Systems.
SECTION 604. PERSONNEL COMMISSION.
A Personnel Commission consisting of five (5)
members shall be appointed by a vote of the Mayor
and entire Council, as provided for in section 304(b)
of this Charter, to serve without compensation. The
Mayor and entire Council may remove Commissioners
in the same manner. The Commission’s sole
responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of
adopted labor agreements. Decisions of the
Commission shall be final without further review
within the City.
ARTICLE VII: FINANCIAL MANAGEMENT
SECTION 700. FISCAL YEAR.
The fiscal year of the City shall begin on the first
day of July of each year and end on the last day of
June of the following year. The Council may change
the fiscal year by ordinance.
SECTION 701. SUBMISSION OF BUDGET
AND BUDGET MESSAGE.
At least sixty (60) days prior to the beginning of
each fiscal year, the City Manager shall prepare and
submit to the Mayor and Council the proposed budget
and an accompanying message. The City Manager’s
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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.
The City’s budget and CIP should strive to
achieve the best practice standards set by the
Government Finance Officers Association (GFOA) for
distinguished budget presentation.
SECTION 703. COUNCIL ACTION ON THE
BUDGET AND CAPITAL IMPROVEMENT
PLAN.
The Council shall publish a general summary of
the budget and CIP and hold one (1) or more public
hearings. After the public hearing(s), the Budget and
CIP shall be adopted, as they may be amended, by the
Council before the beginning of each fiscal year.
SECTION 704. INDEPENDENT AUDIT.
The Council shall provide for an annual
independent audit of all City accounts and may provide
for more frequent audits as it deems necessary. An
independent certified public accountant or firm of such accountants shall make such audits, which should be
performed in accordance with General Accepted
Auditing Standards (GAAS) and Generally Accepted
Governmental Auditing Standards (GAGAS). Using
competitive bidding, the Council shall designate such
accountant or firm for a period not to exceed five (5)
years.
As soon as practicable after the end of the fiscal
year, a final certified audit and report shall be
submitted by such accountant to the Mayor, each
member of the Council, the City Manager, Finance
Director and City Attorney. Three (3) additional
copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by
the general public, and the audit and report shall be
published on the City’s website.
ARTICLE VIII: ELECTIONS
SECTION 800. CITY 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 Ttate
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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Charter 13
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
Mayor shall continue to be elected at large for a term
of four years.
SECTION 802. NUMBER OF WARDS.
There shall be seven (7) wards.
SECTION 803. ADJUSTMENT OF WARD
BOUNDARIES.
Periodic adjustments to ward boundaries shall be
made to maintain each in compact form and as nearly
equal in population as possible, consistent with
applicable State and Federal laws.
ARTICLE IX: INITIATIVE, CITIZEN
REFERENDUM AND RECALL
SECTION 900. INITIATIVE, CITIZEN
REFERENDUM AND RECALL.
Initiatives, citizen referenda, and recalls shall
follow the procedures of the State Elections Code, as
applicable to general law cities.
ARTICLE X: CHARTER AMENDMENTS
SECTION 1000. CHARTER AMENDMENTS.
Amendments to this Charter shall be made in
accordance with the procedures of the State Elections
Code, as applicable to charter cities.
SECTION 1001. PERIODIC REVIEW OF
CHARTER.
By December 2017, the Council shall establish a
process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity,
efficiency, and the principles of the council-manager
form of government.
ARTICLE XI: SEVERABILITY
SECTION 1100. 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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CHARTER INDEX
(See also Municipal Code Index)
-AAPPOINTMENT, REMOVAL, TERMS OF OFFICE
AND PROCEDURAL RULES (FOR BOARDS,
COMMISSIONS AND COMMITTEES)
§ 601
-BBOARDS, COMMISSIONS AND COMMITTEES
Art. VI
Appointment, Removal, Terms of Office and
Procedural Rules - § 601
BUDGET AND CAPITAL IMPROVEMENT
PROGRAM
§ 702
BUDGET MESSAGE, SUBMISSION OF BUDGET
AND
§ 701
-CCAPITAL IMPROVEMENT PLAN, COUNCIL
ACTION ON THE BUDGET AND
§ 703
CHARTER AMENDMENTS
Art. X
CHARTER AMENDMENTS
§ 1000
CITY ATTORNEY
§ 504
CITY CLERK
§ 505
CITY COUNCIL AND MAYOR
Art. III
CITY ELECTIONS
§ 800
CITY MANAGER
Art. IV
CITY MANAGER
Appointment, Qualifications and Compensation -
§ 400
Direction by - § 502
Powers and Duties of - § 401
COMMITTEES, BOARDS, COMMISSIONS AND
Art. VI
COMPENSATION; EXPENSES
§ 305
COMPOSITION, ELIGIBILITY, AND TERMS
§ 301
CONTINUATION OF DEPARTMENTS
§ 503
COUNCIL ACTION ON THE BUDGET AND
CAPITAL IMPROVEMENT PLAN
§ 703
COUNCIL ORGANIZATION, MEETINGS AND
RULES OF ORDER
§ 309
-DDEPARTMENTAL ADMINISTRATORS
Appointive Powers - § 506
DEPARTMENTS, SERVICES, OFFICERS AND
EMPLOYEES
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16 San Bernardino - Charter
Art. V
DIRECTION BY CITY MANAGER
§ 502
-EELECTIONS
Art. VIII
ELECTIVE OFFICERS
Terms - § 801
-FFINANCIAL MANAGEMENT
Art. VII
FISCAL YEAR
§ 700
FORM OF GOVERNMENT
Art. II; § 200
-GGENERAL POWERS AND DUTIES
Mayor and Common Council - § 300
GENERAL PROVISIONS
Boards, Commissions and Committees - § 600
Departments, Services, Officers and Employees
- § 501
-H-
-IINDEPENDENT AUDIT § 704
INITIATIVE, CITIZEN REFERENDUM AND
RECALL
Art. IX; § 900
INTERGOVERNMENTAL RELATIONS - § 104
INTERPRETATION OF POWERS - § 102
-JJUDGE OF QUALIFICATIONS
City Council and Mayor - § 308
-K-
-LLIBRARY - § 602
-MMAYOR
Manners of Action - § 304
Powers and Duties of the - § 303
-NNAME, BOUNDARIES, POWERS, RIGHTS AND
SUCCESSION, INTERGOVERNMENTAL
RELATIONS
Art. I; § 100
WARDS
Number of - § 802
-OOFFICIAL BONDS
Departments, services, officers and employees -
§ 509
-PPERIODIC REVIEW OF CHARTER - § 1001
PERSONNEL COMMISSION - § 604
PERSONNEL SYSTEM
§ 508
POWERS AND DUTIES OF
City Manager - § 401
Council - § 302
Mayor - § 303
POWERS OF
City - § 101
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Charter Index 17
PROHIBITIONS - § 306
-Q-
-RRIGHTS AND SUCCESSION
§ 103
-SSERVICES - § 507
SEVERABILITY
Art. XI; § 1100
SUBMISSION OF BUDGET AND BUDGET
MESSAGE
§ 701
-T-
-U-
-VVACANCIES
Filling of Vacancies - § 307
-WWATER AND WASTEWATER
§ 603
-X-
-Y-
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TITLE 1: GENERAL PROVISIONS
Chapter
1.01. CODE ADOPTION
1.04. GENERAL PROVISIONS
1.08. RESOLUTIONS AND ORDINANCES
1.12. GENERAL PENALTY
1.16. BOUNDARIES OF WARDS
1.20. WORKING OF PROBATIONERS ON PUBLIC
PROPERTY
1.24. DESIGNATION OF OLD CITY
1.26. TIME LIMITATION FOR ADMINISTRATIVE
MANDAMUS PROCEEDINGS
1.28. ADMINISTRATIVE AND LEGISLATIVE
INTERPRETATION AND PRACTICE -
CHARTERRESERVED
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CHAPTER 1.01: CODE ADOPTION
Section
1.01.010 Adoption
1.01.020 Title - citation - reference
1.01.030 Codification authority
1.01.040 Ordinances passed prior to
adoption of the code
1.01.050 Reference applies to all
amendments
1.01.060 Title, chapter and section
headings
1.01.070 Reference to specific ordinances
1.01.080 Effect of code on past actions and
obligations
1.01.090 Effective date
1.01.100 Constitutionality
Statutory reference:
For provisions authorizing cities to codify their
ordinances, see Cal. Gov’t Code, §§ 50022.1
through 50022.8 and 50022.10.
§ 1.01.010 ADOPTION.
Pursuant to the provisions of Cal. Gov’t Code,
§§ 50022.1 through 50022.8 and 50022.10, there is
adopted the “San Bernardino Municipal Code,”
together with those secondary codes adopted by
reference as authorized by the state legislature, save
and except those portions of the secondary codes as
are deleted or modified by the provisions of the “San
Bernardino Municipal Code.”
(Ord. 3981, passed 10-29-1980)
§ 1.01.020 TITLE - CITATION - REFERENCE.
(A) This code shall be known as the “San
Bernardino Municipal Code” and it shall be sufficient
to refer to said code as the “San Bernardino Municipal
Code” in any prosecution for the violation of any
provision thereof or in any proceeding at law or
equity.
(B) It shall be sufficient to designate any
ordinance adding to, amending, correcting or repealing
all or any part or portion thereof as an addition to,
amendment to, correction or repeal of the “San
Bernardino Municipal Code.”
(C) Further reference may be had to the titles,
chapters, sections and divisions of the “San
Bernardino Municipal Code” and such references shall
apply to that numbered title, chapter, section or
division as it appears in the code.
(Ord. 3981, passed 10-29-1980)
§ 1.01.030 CODIFICATION AUTHORITY.
This code consists of all the regulatory and penal
ordinances and certain of the administrative ordinances of the city codified pursuant to the provisions of Cal.
Gov’t Code, §§ 50022.1 through 50022.8 and
50022.10.
(Ord. 3981, passed 10-29-1980)
§ 1.01.040 ORDINANCES PASSED PRIOR TO
ADOPTION OF THE CODE.
The last ordinance included in this code at the
time of its adoption was Ordinance 3848, passed July
9, 1979. The following ordinances, passed subsequent
to Ordinance 3848, but prior to adoption of this code,
are made a part of this code: Ordinances 3849, 3850,
3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858,
3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866,
3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874,
3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882,
3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890,
3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898,
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3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906,
3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914,
3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922,
3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930,
3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938,
3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946,
3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954,
3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962,
3963, 3964, 3965, 3966, 3967, 3968, 3971, 3974,
3976 and 3977.
(Ord. 3981, passed 10-29-1980; Ord. MC-36, passed
3-25-1981)
§ 1.01.050 REFERENCE APPLIES TO ALL
AMENDMENTS.
Whenever a reference is made to this code as the
“San Bernardino Municipal Code” or to any portion
thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and
additions heretofore, now or hereafter made.
(Ord. 3981, passed 10-29-1980)
§ 1.01.060 TITLE, CHAPTER AND SECTION
HEADINGS.
Title, chapter and section headings contained
herein shall not be deemed to govern, limit, modify or
in any manner affect the scope, meaning or intent of
the provisions of any title, chapter or section hereof. (Ord. 3981, passed 10-29-1980)
§ 1.01.070 REFERENCE TO SPECIFIC
ORDINANCES.
The provisions of this code shall not in any
manner affect matters of record which refer to, or are
otherwise connected with, ordinances which are
therein specifically designated by number or otherwise
and which are included within the code, but such
reference shall be construed to apply to the
corresponding provisions contained within this code.
(Ord. 3981, passed 10-29-1980)
§ 1.01.080 EFFECT OF CODE ON PAST
ACTIONS AND OBLIGATIONS.
Neither the adoption of this code nor the repeal or
amendment of any ordinance or part or portion of any
ordinance of the city shall in any manner affect the
prosecution for violations of ordinances, which
violations were committed prior to the effective date
hereof, nor be construed as a waiver of any license,
fee or penalty at said effective date due and unpaid
under such ordinances, nor be construed as affecting
any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the
penal provisions applicable to any violation thereof,
nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited
pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in
full force and effect.
(Ord. 3981, passed 10-29-1980)
§ 1.01.090 EFFECTIVE DATE.
This code shall become effective on the date the
ordinance adopting this code as the “San Bernardino
Municipal Code” shall become effective.
(Ord. 3981, passed 10-29-1980)
§ 1.01.100 CONSTITUTIONALITY.
If any section, division, sentence, clause or
phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The
Mayor and CommonCity Council declare that it would
have passed this code, and each section, division,
sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, divisions,
sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code
should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Ord. 3981, passed 10-29-1980)
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CHAPTER 1.04: GENERAL PROVISIONS
Section
1.04.010 Definitions
1.04.020 Title of office
1.04.030 Interpretation of language
1.04.040 Grammatical interpretation
1.04.050 Acts by agents
1.04.060 Prohibited acts include causing
and permitting
1.04.070 Computation of time
1.04.080 Construction
1.04.090 Repeal shall not revive any
ordinances
1.04.100 Rewards
§ 1.04.010 DEFINITIONS.
For the purpose of this code of ordinances, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CITY. The City of San Bernardino, California, or
the area within the territorial limits of the City of San Bernardino, California, and such territory outside of
the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
COUNCIL. The CommonCity Council of the
City of San Bernardino. ALL ITS MEMBERS or ALL
COUNCIL MEMBERS means the total number of
Council members holding office.
COUNTY. The County of San Bernardino.
LAW. Denotes applicable federal law, the
California Constitution and statutes of the State of
California, the ordinances of the City of San
Bernardino and, when appropriate, any and all rules
and regulations which may be promulgated thereunder.
MAY. The act referred to is permissive.
MONTH. A calendar month.
MUST and SHALL. The acts referred to are each
mandatory.
OATH. Includes an affirmation or declaration in
all cases in which, by law, an affirmation may be
substituted for an OATH, and in such cases the words
SWEAR and SWORN shall be equivalent to the words
AFFIRM and AFFIRMED.
OWNER. Applied to a building or land, includes
any part owner, joint owner, tenant in common, joint
tenant, tenant by the entirety, of the whole or a part of such building or land.
PERSON. Includes a natural person, joint
venture, joint stock company, partnership, association, club, company, corporation, business, trust,
organization or the manager, lessee, agent, servant,
officer or employee of any of them.
PERSONAL PROPERTY. Includes money,
goods, chattels, things in action and evidences of debt.
PRECEDING and FOLLOWING. Next before
and next after, respectively.
PROPERTY. Includes real and personal property.
REAL PROPERTY. Includes lands, tenements
and hereditaments.
SIDEWALKS. The portion of a street intended
for the use of pedestrians.
STATE. The State of California.
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STREET. Includes all streets, highways, avenues,
lanes, alleys, courts, places, squares, curbs or other
public ways in the City of San Bernardino, which have
been or may hereafter be dedicated and open to public
use, or such other public property so designated in any law of this state.
TENANT and OCCUPANT. Applied to a
building or land, include any person who occupies the
whole or a part of such building or land, whether
alone or with others.
WRITTEN. Includes printed, typewritten,
mimeographed, multigraphed or otherwise reproduced
in permanent visible form.
YEAR. A calendar year.
(Ord. 3843, passed 7-11-1979)
§ 1.04.020 TITLE OF OFFICE.
Use of the title of any officer, employee,
department, board or commission means that officer,
employee, department, board or commission of the
city.
(Ord. 3843, passed 7-11-1979)
§ 1.04.030 INTERPRETATION OF LANGUAGE.
All words and phrases shall be construed
according to the common and approved usage of the
language, but technical words and phrases and such
others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood
according to such peculiar and appropriate meaning.
(Ord. 3843, passed 7-11-1979)
§ 1.04.040 GRAMMATICAL
INTERPRETATION.
The following grammatical rules shall apply to
the ordinances and resolutions of the city unless it is apparent from the content that a different construction is intended.
(A) Gender. Each gender includes the masculine,
feminine and neuter genders.
(B) Singular and plural. The singular number
includes the plural and the plural includes the singular. (C) Tenses. Words used in the present tense
include the past and the future tenses and vice versa
unless manifestly inapplicable.
(Ord. 3843, passed 7-11-1979)
§ 1.04.050 ACTS BY AGENTS.
When an act is required by an ordinance or
resolution, the same being such that it may be done as
well by an agent as by the principal, such requirement
shall be construed to include all such acts performed
by an authorized agent.
(Ord. 3843, passed 7-11-1979)
§ 1.04.060 PROHIBITED ACTS INCLUDE
CAUSING AND PERMITTING.
Whenever, in the ordinances of the city, any act
or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or
concealing the fact of such act or omission.
(Ord. 3843, passed 7-11-1979)
§ 1.04.070 COMPUTATION OF TIME.
Except when otherwise provided, the time within
which an act is required to be done shall be computed
by excluding the first day and including the last day,
unless the last day is Sunday or a holiday, in which
case it shall also be excluded.
(Ord. 3843, passed 7-11-1979)
§ 1.04.080 CONSTRUCTION.
The provisions of the ordinances of the city, and
all proceedings under them, are to be construed with
a view to effect their objects and to promote justice.
(Ord. 3843, passed 7-11-1979)
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General Provisions 9
§ 1.04.090 REPEAL SHALL NOT REVIVE
ANY ORDINANCES.
The repeal of an ordinance shall not repeal the
repealing clause of an ordinance or revive any
ordinance which has been repealed thereby.
(Ord. 3843, passed 7-11-1979)
§ 1.04.100 REWARDS.
(A) The Mayor and CommonCity Council may,
by resolution, establish a reward of not to exceed
$1,000 for anyone providing information leading to the
arrest and conviction of any person for the commission
of a misdemeanor or infraction within the city limits of the city.
(B) If the reward is payable to two or more
persons, it shall be divided equally between such
persons.
(C) Any person convicted for a violation of such
misdemeanor or infraction shall be liable for the
amount of any reward paid pursuant to this section and
any resolution adopted pursuant hereto, and if he or
she is an unemancipated minor, his or her parent or
guardian shall be liable for the amount.
(D) Nothing in this section shall limit the
authority of the Mayor and Council to offer any other
reward under general law.
(Ord. MC-683, passed 11-20-1989)
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CHAPTER 1.08: RESOLUTIONS AND ORDINANCES
Section
1.08.010 Purpose
1.08.020 Presentation to Mayor
1.08.030 Action by Mayor
1.08.040 Readoption
1.08.050 Effective dates - readoption
1.08.060 Charter amendments
1.08.070 Time is not of essence
1.08.080 Validity presumed
1.08.090 Effective dates
Cross-reference:
For Charter provisions on ordinances and
resolutions, see City Charter, §§ 30 through 33.
§ 1.08.010 PURPOSE.
The procedures set forth in this chapter are
established to implement the provisions of Charter,
§ 304, which provides that resolutions and ordinances
shall be adopted by a simple majority vote of the
quorum of the City Council present, unless a specific
different affirmative vote level is required by the
Charter or for charter cities under state or federal law.
All resolutions and ordinances must be approved by
the Mayor, or alternatively, vetoed by the Mayor with
written reasons therefor, endorsed on such resolutions
or ordinances within five days after the City Clerk
presents the resolutions and ordinances to the Mayor,
pursuant to the requirement of § 1.08.030.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.020 PRESENTATION TO MAYOR.
Each resolution and ordinance adopted by the
CommonCity Council shall be presented by the City
Clerk to the Mayor for his or her approval or
disapproval within 48 hours after the adjournment of
the meeting at which the resolution or ordinance was
adopted. The Mayor shall designate an employee in his
or her office to receive the resolution or ordinance. In the event the Mayor is absent or unavailable during the 48-hour period, the City Clerk shall present the
resolution or ordinance to any employee in the office
of the Mayor who has been designated by the Mayor
as his or her agent to receive such resolution or
ordinance, or in the absence of the Mayor during the
48-hour period, to the Mayor Pro Tempore.
(Ord. 3751, passed 8-25-1978)
§ 1.08.030 ACTION BY MAYOR.
Within five days, excluding Saturdays, Sundays
and holidays, after the City Clerk has presented the
resolution or ordinance to the Mayor or the City
employee designated by the Mayor, the Mayor shall
approve, or if the resolution or ordinance was
approved by fewer than five votes of the City Council,
may veto, the resolution or ordinance stating the
reason or reasons for the veto of the resolution or
ordinance on a document physically attached thereto.
Approval or veto is a duty and there shall be no right
to fail to either approve or veto within the five-day
period. In the event the Mayor is absent or otherwise
unable to approve or veto the resolution or ordinance
during the five-day period, the Mayor Pro Tempore,
as empowered pursuant to City Charter, § 302, shall
approve, but may not veto, the resolution or ordinance
in like manner as the Mayor would have been
empowered and required to do. In the event the Mayor
approves or fails to approve or veto the resolution or
ordinance within the five-day period, or in the event
the Mayor Pro Tempore acting in the place of the
Mayor approves or fails to approve the resolution or
ordinance, the resolution or ordinance shall be deemed
to be validly enacted on the date of its adoption and
conclusively presumed to have been approved;
provided it was adopted by the requisite number of
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votes required pursuant to § 1.08.010 and the City
Charter.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.040 READOPTION.
The approved or vetoed resolution or ordinance
shall be forthwith returned to the City Clerk. The City Clerk shall place any vetoed resolution or ordinance
which was adopted by fewer than five affirmative
votes as the first business item on the agenda for the
next meeting of the Mayor and City Council to be
considered by the City Council for readoption after the resolution or ordinance is reintroduced and the reason
or reasons for the veto are read by the City Clerk. In
the event there are less than seven Council members
present, or for any other reason, the resolution or
ordinance may be continued from time to time. A
motion to readopt the resolution or ordinance shall be
considered and voted upon by the City Council. Five
or more affirmative votes shall be necessary to validly readopt the resolution or ordinance.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.050 EFFECTIVE DATES -
READOPTION.
The resolution or ordinance which was
disapproved, or neither approved nor disapproved,
within the five-day period, and which has been validly
readopted and enacted, shall take effect as if approved by the Mayor. Such resolution shall take effect upon
the date of its readoption and enactment.
(Ord. 3751, passed 8-25-1978)
§ 1.08.060 CHARTER AMENDMENTS.
Amendments to the Charter shall be made in
accordance with the procedures of the California
Elections Code, as applicable to charter cities.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.070 TIME IS NOT OF ESSENCE.
The failure of the City Clerk, Mayor or Mayor
Pro Tempore to comply with any of the ministerial
acts provided for in this chapter or the periods of time for:
(A) Presenting the resolution or ordinance to the
Mayor;
(B) Approving or vetoing the resolution or
ordinance; and
(C) Readopting a vetoed resolution or ordinance
at the next meeting of the City Council shall not
invalidate a resolution or ordinance which has been
otherwise validly adopted, readopted or enacted
pursuant to this chapter and the City Charter, § 304.5. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.080 VALIDITY PRESUMED.
Any ordinance or resolution heretofore adopted
by the City Council, which is vetoed or not approved
by the Mayor in a manner other than as provided in
this chapter, or which is heretofore adopted and
enacted pursuant to the provisions of City Charter,
§ 304, as interpreted by administrative and legislative practices, shall be conclusively presumed to be valid
and enforceable.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
§ 1.08.090 EFFECTIVE DATES.
(A) Each ordinance of the Mayor and City
Council shall take effect 30 days from and after the
date of its adoption by the City Council if approved by the Mayor. Each resolution shall take effect on the
date of its adoption by City Council if approved by the Mayor.
(B) This section shall not be applicable to:
(1) Ordinances and resolutions adopted by
fewer than five affirmative votes and which are vetoed
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Resolutions and Ordinances 13
by the Mayor of the city within the five-day period;
(2) Ordinances which contain urgency or
emergency clauses providing for immediate effective
dates;
(3) An ordinance or resolution which
contains express language providing for an effective
date for such ordinance or resolution;
(4) Ordinances and resolutions adopted by
five or more affirmative votes of the City Council
which are not approved within the five-day period by
the Mayor, which shall be deemed to take effect upon
adoption by the City Council; and
(5) Ordinances and resolutions relating to
Charter amendments as provided in § 1.08.060.
(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed
4-3-2017)
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14 San Bernardino - General Provisions
Packet Page 75
CHAPTER 1.12: GENERAL PENALTY
Section
1.12.010 Designated
1.12.020 Separate offense
Cross-reference:
For Charter provisions authorizing the City
Council to impose penalties for ordinance
violations of not to exceed $500 or six months,
or both, see City Charter, § 40(r).
§ 1.12.010 DESIGNATED.
(A) The punishment for any offense declared to
be a misdemeanor or declared to be unlawful with no
designation as to the nature of the offense by the
Charter or an ordinance, except in cases where a
different offense or a different punishment is
prescribed by ordinance or any applicable law of this
state, is imprisonment in the county jail not exceeding six months, or a fine not exceeding $1,000, or both
such imprisonment and fine.
(B) The punishment for any offense declared to
be an infraction by the Charter or an ordinance,
excepting places where a different offense or a
different punishment is prescribed by ordinance or any
applicable law of this state, is a fine not exceeding
$100 for a first violation; a fine not exceeding $200
for a second violation thereof within one year; and a
fine not exceeding $500 for each additional violation
thereof within one year. Upon conviction of a fourth
violation thereof within one year, the violator is guilty of a misdemeanor, which, upon conviction thereof, is
punishable as in division (A) above.
(C) Payment of any fine or service of a jail
sentence herein provided shall not relieve a person
firm, partnership, corporation or other entity from the responsibility of correcting any condition, resulting
from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty
party; the court shall fix the amount of such
reimbursement upon submission of proof of such costs
by the city.
(Ord. 2673, passed 6-27-1965; Ord. MC-455, passed
5-13-1985; Ord. MC-609, passed 9-21-1987; Ord.
MC-1125, passed 6-3-2002)
§ 1.12.020 SEPARATE OFFENSE.
Every person continuing or committing the
violation of any provisions of an ordinance declaring
any act or omission to be unlawful is guilty of a
separate offense for each and every day or portion of
any day which any violation of any provision of such
ordinance is committed.
(Ord. 2673, passed 6-27-1965; Ord. MC-455, passed
5-13-1985)
15 Packet Page 76
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Packet Page 77
CHAPTER 1.16: BOUNDARIES OF WARDS
Section
1.16.010 Purpose
1.16.020 First Ward
1.16.030 Second Ward
1.16.040 Third Ward
1.16.050 Fourth Ward
1.16.060 Fifth Ward
1.16.070 Sixth Ward
1.16.080 Seventh Ward
§ 1.16.010 PURPOSE.
The ordinance codified in this chapter is adopted
in order to divide the area of the city into seven wards, pursuant to Article VIII of the City Charter.
(Ord. 3222, passed 1-4-1972; Ord. MC-1567, passed
12-15-2021)
§ 1.16.020 FIRST WARD.
The region bounded and described as follows:
beginning at the point of intersection of Perris Hill Rd and Unnamed 144656262 (TLID:144359581), and
proceeding southerly along Perris Hill Rd to E Base
Line St, and proceeding easterly along E Base Line St
to Tippecanoe St, and proceeding northerly along
Tippecanoe St to Unnamed 647112540
(TLID:144359678), and proceeding easterly along
Unnamed 647112540 (TLID:144359678) to Unnamed
647989649 (TLID:144365740), and proceeding
easterly along Unnamed 647989649
(TLID:144365740) to Conejo Dr, and proceeding
southerly along Conejo Dr to Unnamed 647112470
(TLID:144365730), and proceeding southerly along
Unnamed 647112470 (TLID:144365730) to E Base
Line St, and proceeding easterly along E Base Line St
to Glasgow Ave, and proceeding northerly along
Glasgow Ave to Unnamed 647130210
(TLID:144366358), and proceeding easterly along
Unnamed 647130210 (TLID:144366358) to Unnamed
647130210 (TLID:144366307), and proceeding
southerly along Unnamed 647130210
(TLID:144366307) to E Base Line St, and proceeding
easterly along E Base Line St to Base Line St, and
proceeding easterly along Base Line St to Alamo St,
and proceeding southerly along Alamo St to Unnamed
651417898 (TLID:144368115), and proceeding
southerly along Unnamed 651417898
(TLID:144368115) to Unnamed 651421919
(TLID:144368109), and proceeding southerly along
Unnamed 651421919 (TLID:144368109) to Unnamed
651421921 (TLID:144368454), and proceeding
easterly along Unnamed 651421921
(TLID:144368454) to Unnamed 651641533
(TLID:144368097), and proceeding southerly along
Unnamed 651641533 (TLID:144368097) to Unnamed
145224544 (TLID:144368083), and proceeding
westerly along Unnamed 145224544
(TLID:144368083) to Warm Crk, and proceeding
westerly along Warm Crk to Unnamed 647991105
(TLID:144367999), and proceeding westerly along
Unnamed 647991105 (TLID:144367999) to Warm
Crk, and proceeding westerly along Warm Crk to
Unnamed 651712831 (TLID:144367816), and
proceeding westerly along Unnamed 651712831
(TLID:144367816) to Unnamed 145220231
(TLID:144365651), and proceeding southerly along
Unnamed 145220231 (TLID:144365651) to E 9th St,
and proceeding easterly along E 9th St to Unnamed
144656448 (TLID:144366947), and proceeding
southerly along Unnamed 144656448
(TLID:144366947) to Elmwood Rd, and proceeding
southerly along Elmwood Rd to Unnamed 615019970
(TLID:144355392), and proceeding southerly along
Unnamed 615019970 (TLID:144355392) to E 6th St,
and proceeding westerly along E 6th St to Unnamed
651417064 (TLID:144353868), and proceeding
northerly along Unnamed 651417064
(TLID:144353868) to Fairfax Ln, and proceeding
17 Packet Page 78
18 San Bernardino - General Provisions
northerly along Fairfax Ln to Unnamed 651416891
(TLID:144365106), and proceeding easterly along
Unnamed 651416891 (TLID:144365106) to Unnamed
651416893 (TLID:144365151), and proceeding
northerly along Unnamed 651416893
(TLID:144365151) to E 9th St, and proceeding
westerly along E 9th St to N Tippecanoe Ave, and
proceeding southerly along N Tippecanoe Ave to
Unnamed 647112735 (TLID:144358716), and
proceeding westerly along Unnamed 647112735
(TLID:144358716) to Unnamed 647112736
(TLID:144358210), and proceeding westerly along
Unnamed 647112736 (TLID:144358210) to Pedley
Rd, and proceeding southerly along Pedley Rd to E
6th St, and proceeding westerly along E 6th St to
Unnamed 647112894 (TLID:144349640), and
proceeding southerly along Unnamed 647112894
(TLID:144349640) to Unnamed 647112893
(TLID:144349597), and proceeding southerly along
Unnamed 647112893 (TLID:144349597) to 5th St,
and proceeding easterly along 5th St to Pedley Rd, and
proceeding southerly along Pedley Rd to E Monterey
Ave, and proceeding westerly along E Monterey Ave
to Unnamed 144734669 (TLID:144348166), and
proceeding northerly along Unnamed 144734669
(TLID:144348166) to 5th St, and proceeding westerly
along 5th St to Unnamed 647113095
(TLID:144347488), and proceeding northerly along
Unnamed 647113095 (TLID:144347488) to E 6th St,
and proceeding easterly along E 6th St to Unnamed
647113056 (TLID:144348251), and proceeding
northerly along Unnamed 647113056
(TLID:144348251) to Unnamed 647113053
(TLID:144348203), and proceeding westerly along
Unnamed 647113053 (TLID:144348203) to E 6th St,
and proceeding westerly along E 6th St to N
Waterman Ave, and proceeding southerly along N
Waterman Ave to Ward St, and proceeding easterly
along Ward St to Unnamed 646972504
(TLID:144316438), and proceeding southerly along
Unnamed 646972504 (TLID:144316438) to Unnamed
646972505 (TLID:144316432), and proceeding
southerly along Unnamed 646972505
(TLID:144316432) to 5th St, and proceeding westerly
along 5th St to N Waterman Ave, and proceeding
southerly along N Waterman Ave to Unnamed
144655672 (TLID:144316369), and proceeding
easterly along Unnamed 144655672
(TLID:144316369) to E Monterey Ave, and
proceeding easterly along E Monterey Ave to
Unnamed 144655684 (TLID:144316211), and
proceeding southerly along Unnamed 144655684
(TLID:144316211) to Unnamed 144655684
(TLID:144316196), and proceeding westerly along
Unnamed 144655684 (TLID:144316196) to N
Waterman Ave, and proceeding southerly along N
Waterman Ave to E 3rd St, and proceeding easterly
along E 3rd St to Unnamed 651426282
(TLID:144355286), and proceeding northerly along
Unnamed 651426282 (TLID:144355286) to Unnamed
651426263 (TLID:144355468), and proceeding
northerly along Unnamed 651426263
(TLID:144355468) to 5th St, and proceeding easterly
along 5th St to Unnamed 651715800
(TLID:144356054), and proceeding easterly along
Unnamed 651715800 (TLID:144356054) to Sterling
Ave, and proceeding northerly along Sterling Ave to
Unnamed 644393416 (TLID:144441553), and
proceeding easterly along Unnamed 644393416
(TLID:144441553) to Unnamed 144733344
(TLID:144442117), and proceeding easterly along
Unnamed 144733344 (TLID:144442117) to Cypress
St, and proceeding easterly along Cypress St to
Unnamed 633185440 (TLID:144442135), and
proceeding southerly along Unnamed 633185440
(TLID:144442135) to Unnamed 633185439
(TLID:144437027), and proceeding southerly along
Unnamed 633185439 (TLID:144437027) to Unnamed
144661367 (TLID:144437000), and proceeding
southerly along Unnamed 144661367
(TLID:144437000) to 5th St, and proceeding easterly
along 5th St to Unnamed 651711059
(TLID:144437481), and proceeding easterly along
Unnamed 651711059 (TLID:144437481) to Leslie Ln,
and proceeding southerly along Leslie Ln to 5th St,
and proceeding easterly along 5th St to Unnamed
144661446 (TLID:144437596), and proceeding
easterly along Unnamed 144661446
(TLID:144437596) to Roberts St, and proceeding
northerly along Roberts St to E 6th St, and proceeding
easterly along E 6th St to Victoria Ave, and
proceeding southerly along Victoria Ave to 5th St, and
proceeding easterly along 5th St to Unnamed
651693784 (TLID:144439262), and proceeding
westerly al ong Unnamed 651693784
(TLID:144439262) to Victoria Ave, and proceeding
southerly along Victoria Ave to E 3rd St, and
proceeding easterly along E 3rd St to Alabama St, and
Packet Page 79
Boundaries of Wards 19
proceeding southerly along Alabama St to Unnamed
653203528 (TLID:144440600), and proceeding
westerly al ong Unnamed 653203528
(TLID:144440600) to Unnamed 144663103
(TLID:144440550), and proceeding westerly along
Unnamed 144663103 (TLID:144440550) to Unnamed
650799998 (TLID:144440520), and proceeding
southerly along Unnamed 650799998
(TLID:144440520) to Unnamed 650799995
(TLID:144438711), and proceeding westerly along
Unnamed 650799995 (TLID:144438711) to Unnamed
145001430 (TLID:144438471), and proceeding
westerly along Unnamed 145001430
(TLID:144438471) to Unnamed 145001427
(TLID:144438464), and proceeding southerly along
Unnamed 145001427 (TLID:144438464) to Unnamed
650412522 (TLID:144438453), and proceeding
southerly along Unnamed 650412522
(TLID:144438453) to Unnamed 653206701
(TLID:144436795), and proceeding westerly along
Unnamed 653206701 (TLID:144436795) to Unnamed
651112994 (TLID:144436765), and proceeding
westerly along Unnamed 651112994
(TLID:144436765) to Unnamed 651112993
(TLID:144436747), and proceeding westerly along
Unnamed 651112993 (TLID:144436747) to Unnamed
144695857 (TLID:144436620), and proceeding
westerly along Unnamed 144695857
(TLID:144436620) to Unnamed 144662806
(TLID:144436586), and proceeding westerly along
Unnamed 144662806 (TLID:144436586) to Unnamed
629788827 (TLID:144436264), and proceeding
westerly along Unnamed 629788827
(TLID:144436264) to Mountain View Ave, and
proceeding southerly along Mountain View Ave to
Unnamed 616550910 (TLID:144352127), and
proceeding westerly along Unnamed 616550910
(TLID:144352127) to Unnamed 651716836
(TLID:144350825), and proceeding westerly along
Unnamed 651716836 (TLID:144350825) to S
Tippecanoe Ave, and proceeding northerly along S
Tippecanoe Ave to Unnamed 644217699
(TLID:144350916), and proceeding northerly along
Unnamed 644217699 (TLID:144350916) to E Mill St,
and proceeding westerly along E Mill St to Unnamed
144659164 (TLID:144344770), and proceeding
westerly along Unnamed 144659164
(TLID:144344770) to E Mill St, and proceeding
westerly along E Mill St to S Allen St, and proceeding
northerly along S Allen St to E Rialto Ave, and
proceeding westerly along E Rialto Ave to W Rialto
Ave, and proceeding westerly along W Rialto Ave to
N Mount Vernon Ave, and proceeding northerly along
N Mount Vernon Ave to Burlington Northern Santa Fe
Rlwy, and proceeding northerly along Burlington
Northern Santa Fe Rlwy to N Mount Vernon Ave, and
proceeding northerly along N Mount Vernon Ave to
W 4th St, and proceeding westerly along W 4th St to
W Foothill Blvd, and proceeding easterly along W
Foothill Blvd to Unnamed 614872079
(TLID:144113946), and proceeding westerly along
Unnamed 614872079 (TLID:144113946) to Unnamed
614872080 (TLID:144127520), and proceeding
northerly along Unnamed 614872080
(TLID:144127520) to W 9th St, and proceeding
easterly along W 9th St to N Mount Vernon Ave, and
proceeding northerly along N Mount Vernon Ave to
W Base Line St, and proceeding easterly along W
Base Line St to W Baseline St, and proceeding easterly
along W Baseline St to W Baseline Rd, and proceeding
easterly along W Baseline Rd to W Base Line St, and
proceeding easterly along W Base Line St to E Base
Line St, and proceeding easterly along E Base Line St
to N Wall Ave, and proceeding easterly along N Wall
Ave to E Base Line St, and proceeding easterly along
E Base Line St to Windsor Dr, and proceeding
easterly along Windsor Dr to E Base Line St, and
proceeding easterly along E Base Line St to East Twin
Crk, and proceeding northerly along East Twin Crk to
Twin Creek Dr, and proceeding northerly along Twin
Creek Dr to Unnamed 144656241 (TLID:144359290),
and proceeding easterly along Unnamed 144656241
(TLID:144359290) to Barton St, and proceeding
northerly along Barton St to Unnamed 144656262
(TLID:144359581), and proceeding easterly along
Unnamed 144656262 (TLID:144359581) to the point
of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.030 SECOND WARD.
The region bounded and described as follows:
beginning at the point of intersection of N Muscupiabe
Dr and Foothill Fwy, and proceeding southerly along
N Muscupiabe Dr to W Colima Rd, and proceeding
westerly along W Colima Rd to N Muscupiabe Dr,
Packet Page 80
20 San Bernardino - General Provisions
and proceeding southerly along N Muscupiabe Dr to
W Highland Ave, and proceeding easterly along W
Highland Ave to N D St, and proceeding easterly
along N D St to W Highland Ave, and proceeding
easterly along W Highland Ave to E Highland Ave,
and proceeding easterly along E Highland Ave to N
del Rosa Ave, and proceeding northerly along N del
Rosa Ave to Foothill Fwy, and proceeding easterly
along Foothill Fwy to Unnamed 647110791
(TLID:144375148), and proceeding southerly along
Unnamed 647110791 (TLID:144375148) to Unnamed
647110790 (TLID:144375139), and proceeding
southerly along Unnamed 647110790
(TLID:144375139) to Date Pl, and proceeding
westerly along Date Pl to Unnamed 647110823
(TLID:144375101), and proceeding westerly along
Unnamed 647110823 (TLID:144375101) to Chiquita
Ln, and proceeding northerly along Chiquita Ln to
Unnamed 647110810 (TLID:144374483), and
proceeding westerly along Unnamed 647110810
(TLID:144374483) to Unnamed 647110806
(TLID:144374419), and proceeding southerly along
Unnamed 647110806 (TLID:144374419) to Ulysses
Ct, and proceeding westerly along Ulysses Ct to
Taylor Rd, and proceeding southerly along Taylor Rd
to Pumalo St, and proceeding easterly along Pumalo St
to Unnamed 647128735 (TLID:144375376), and
proceeding easterly along Unnamed 647128735
(TLID:144375376) to Unnamed 647128734
(TLID:144447689), and proceeding easterly along
Unnamed 647128734 (TLID:144447689) to Unnamed
647128731 (TLID:144447734), and proceeding
easterly along Unnamed 647128731
(TLID:144447734) to Unnamed 647128727
(TLID:144447803), and proceeding easterly along
Unnamed 647128727 (TLID:144447803) to Unnamed
647128724 (TLID:144447863), and proceeding
easterly along Unnamed 647128724
(TLID:144447863) to E Pumalo St, and proceeding
easterly along E Pumalo St to Unnamed 144993083
(TLID:144448559), and proceeding northerly along
Unnamed 144993083 (TLID:144448559) to Date St E,
and proceeding easterly along Date St E to Arden Ave,
and proceeding southerly along Arden Ave to
Unnamed 644155234 (TLID:144451369), and
proceeding southerly along Unnamed 644155234
(TLID:144451369) to E Pumalo St, and proceeding
easterly along E Pumalo St to Arden Ave, and
proceeding southerly along Arden Ave to Unnamed
144661137 (TLID:144451420), and proceeding
easterly along Unnamed 144661137
(TLID:144451420) to Unnamed 647991082
(TLID:144452495), and proceeding northerly along
Unnamed 647991082 (TLID:144452495) to Unnamed
647128521 (TLID:144452579), and proceeding
northerly along Unnamed 647128521
(TLID:144452579) to Date St E, and proceeding
easterly along Date St E to Sand Crk, and proceeding
southerly along Sand Crk to Unnamed 651698318
(TLID:144452726), and proceeding southerly along
Unnamed 651698318 (TLID:144452726) to Unnamed
651422988 (TLID:144451243), and proceeding
southerly along Unnamed 651422988
(TLID:144451243) to Unnamed 651422897
(TLID:144451223), and proceeding southerly along
Unnamed 651422897 (TLID:144451223) to Unnamed
651422887 (TLID:144451170), and proceeding
westerly along Unnamed 651422887
(TLID:144451170) to Unnamed 651422887
(TLID:144451161), and proceeding westerly along
Unnamed 651422887 (TLID:144451161) to E 20th St,
and proceeding westerly along E 20th St to Valaria
Dr, and proceeding southerly along Valaria Dr to
Unnamed 651422761 (TLID:144450691), and
proceeding westerly along Unnamed 651422761
(TLID:144450691) to Unnamed 651422693
(TLID:144450642), and proceeding southerly along
Unnamed 651422693 (TLID:144450642) to Unnamed
651422689 (TLID:144450561), and proceeding
southerly along Unnamed 651422689
(TLID:144450561) to Unnamed 651707125
(TLID:144450498), and proceeding southerly along
Unnamed 651707125 (TLID:144450498) to E 17th St,
and proceeding easterly along E 17th St to Unnamed
651422451 (TLID:144450038), and proceeding
easterly along Unnamed 651422451
(TLID:144450038) to Unnamed 651422454
(TLID:144450397), and proceeding easterly along
Unnamed 651422454 (TLID:144450397) to Rockford
Ave, and proceeding southerly along Rockford Ave to
Unnamed 651422390 (TLID:144450023), and
proceeding southerly along Unnamed 651422390
(TLID:144450023) to Unnamed 651422392
(TLID:144450017), and proceeding southerly along
Unnamed 651422392 (TLID:144450017) to Pacific St,
and proceeding easterly along Pacific St to Unnamed
648189523 (TLID:144455368), and proceeding
southerly along Unnamed 648189523
Packet Page 81
Boundaries of Wards 21
(TLID:144455368) to Unnamed 648189524
(TLID:144454925), and proceeding southerly along
Unnamed 648189524 (TLID:144454925) to Baseline
St, and proceeding westerly along Baseline St to
Unnamed 632474365 (TLID:144445499), and
proceeding northerly along Unnamed 632474365
(TLID:144445499) to Unnamed 632474368
(TLID:144445557), and proceeding northerly along
Unnamed 632474368 (TLID:144445557) to Unnamed
648189539 (TLID:144445544), and proceeding
westerly al ong Unnamed 648189539
(TLID:144445544) to Unnamed 651422309
(TLID:144445516), and proceeding westerly along
Unnamed 651422309 (TLID:144445516) to Unnamed
651422310 (TLID:144445478), and proceeding
northerly along Unnamed 651422310
(TLID:144445478) to Warm Crk, and proceeding
westerly along Warm Crk to Unnamed 651422160
(TLID:144443737), and proceeding northerly along
Unnamed 651422160 (TLID:144443737) to Unnamed
651422159 (TLID:144442954), and proceeding
westerly along Unnamed 651422159
(TLID:144442954) to Unnamed 651422157
(TLID:144442923), and proceeding northerly along
Unnamed 651422157 (TLID:144442923) to Unnamed
651644128 (TLID:144443128), and proceeding
northerly along Unnamed 651644128
(TLID:144443128) to Unnamed 651422023
(TLID:144443619), and proceeding northerly along
Unnamed 651422023 (TLID:144443619) to Pacific St,
and proceeding westerly along Pacific St to N Sterling
Ave, and proceeding northerly along N Sterling Ave
to E Highland Ave, and proceeding westerly along E
Highland Ave to Unnamed 624343032
(TLID:144372895), and proceeding southerly along
Unnamed 624343032 (TLID:144372895) to Unnamed
624343033 (TLID:144372881), and proceeding
southerly along Unnamed 624343033
(TLID:144372881) to E 19th St, and proceeding
westerly along E 19th St to Unnamed 144965024
(TLID:144372759), and proceeding southerly along
Unnamed 144965024 (TLID:144372759) to Suzanne
Ln, and proceeding northerly along Suzanne Ln to
Unnamed 647111743 (TLID:144372795), and
proceeding northerly along Unnamed 647111743
(TLID:144372795) to Unnamed 647111739
(TLID:144372821), and proceeding northerly along
Unnamed 647111739 (TLID:144372821) to Unnamed
644210904 (TLID:144372688), and proceeding
westerly along Unnamed 644210904
(TLID:144372688) to Elmwood Rd, and proceeding
southerly along Elmwood Rd to Unnamed 614533436
(TLID:144372580), and proceeding westerly along
Unnamed 614533436 (TLID:144372580) to del Rosa
Ave, and proceeding westerly along del Rosa Ave to
del Rosa Dr, and proceeding northerly along del Rosa
Dr to N del Rosa Ave, and proceeding northerly along
N del Rosa Ave to Unnamed 647111847
(TLID:144370953), and proceeding westerly along
Unnamed 647111847 (TLID:144370953) to Unnamed
647111848 (TLID:144370283), and proceeding
northerly along Unnamed 647111848
(TLID:144370283) to Unnamed 647111844
(TLID:144370238), and proceeding westerly along
Unnamed 647111844 (TLID:144370238) to Monte
Vista Dr, and proceeding southerly along Monte Vista
Dr to Unnamed 629791001 (TLID:144369711), and
proceeding southerly along Unnamed 629791001
(TLID:144369711) to Unnamed 647989650
(TLID:144369652), and proceeding southerly along
Unnamed 647989650 (TLID:144369652) to 17th St,
and proceeding easterly along 17th St to Unnamed
647112270 (TLID:144370328), and proceeding
southerly along Unnamed 647112270
(TLID:144370328) to Pacific St, and proceeding
easterly along Pacific St to Dwight Way, and
proceeding southerly along Dwight Way to Unnamed
144656144 (TLID:144369607), and proceeding
northerly along Unnamed 144656144
(TLID:144369607) to Pacific St, and proceeding
westerly along Pacific St to Unnamed 647130057
(TLID:144369589), and proceeding northerly along
Unnamed 647130057 (TLID:144369589) to Unnamed
647130058 (TLID:144369453), and proceeding
westerly along Unnamed 647130058
(TLID:144369453) to Conejo Dr, and proceeding
southerly along Conejo Dr to Pacific St, and
proceeding westerly along Pacific St to Perris Hill
Park Rd, and proceeding southerly along Perris Hill
Park Rd to East Twin Crk, and proceeding southerly
along East Twin Crk to Twin Creek Dr, and
proceeding southerly along Twin Creek Dr to East
Twin Crk, and proceeding southerly along East Twin
Crk to E Base Line St, and proceeding westerly along
E Base Line St to N Myrtle Dr, and proceeding
westerly along N Myrtle Dr to E Base Line St, and
proceeding westerly along E Base Line St to N Wall
Ave, and proceeding westerly along N Wall Ave to E
Packet Page 82
22 San Bernardino - General Provisions
Base Line St, and proceeding westerly along E Base
Line St to W Base Line St, and proceeding westerly
along W Base Line St to W Baseline Rd, and
proceeding westerly along W Baseline Rd to W
Baseline St, and proceeding westerly along W Baseline
St to W Base Line St, and proceeding westerly along
W Base Line St to I-215, and proceeding northerly
along I-215 to Unnamed 619660624
(TLID:144147518), and proceeding northerly along
Unnamed 619660624 (TLID:144147518) to I-215, and
proceeding northerly along I-215 to Foothill Fwy, and
proceeding easterly along Foothill Fwy to Unnamed
614800425 (TLID:144179487), and proceeding
easterly along Unnamed 614800425
(TLID:144179487) to Foothill Fwy, and proceeding
easterly along Foothill Fwy to the point of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.040 THIRD WARD.
The region bounded and described as follows:
(A) Beginning at the point of intersection of N
Mount Vernon Ave and W 4th St, and proceeding
southerly along N Mount Vernon Ave to Burlington
Northern Santa Fe Rlwy, and proceeding southerly
along Burlington Northern Santa Fe Rlwy to N Mount
Vernon Ave, and proceeding southerly along N Mount
Vernon Ave to W Rialto Ave, and proceeding easterly
along W Rialto Ave to E Rialto Ave, and proceeding
easterly along E Rialto Ave to S Allen St, and
proceeding southerly along S Allen St to E Mill St,
and proceeding easterly along E Mill St to Unnamed
144659622 (TLID:144344799), and proceeding
easterly along Unname d 144659622
(TLID:144344799) to E Mill St, and proceeding
easterly along E Mill St to E Mill Oh, and proceeding
easterly along E Mill Oh to E Mill St, and proceeding
easterly along E Mill St to S Tippecanoe Ave, and
proceeding southerly along S Tippecanoe Ave to
Unnamed 651716836 (TLID:144350825), and
proceeding easterly along Unnamed 651716836
(TLID:144350825) to Unnamed 616550910
(TLID:144352127), and proceeding easterly along
Unnamed 616550910 (TLID:144352127) to Burlington
Northern Santa Fe Rlwy, and proceeding northerly
along Burlington Northern Santa Fe Rlwy to Mountain
View Ave, and proceeding southerly along Mountain
View Ave to San Bernardino Ave, and proceeding
easterly along San Bernardino Ave to Mountain View
Ave, and proceeding southerly along Mountain View
Ave to W Lugonia Ave, and proceeding southerly
along W Lugonia Ave to Mountain View Ave, and
proceeding southerly along Mountain View Ave to
Unnamed 647992142 (TLID:142805890), and
proceeding southerly along Unnamed 647992142
(TLID:142805890) to I-10, and proceeding westerly
along I-10 to Gage Cnl, and proceeding southerly
along Gage Cnl to Unnamed 144724571
(TLID:142738286), and proceeding westerly along
Unnamed 144724571 (TLID:142738286) to Gage Cnl,
and proceeding westerly along Gage Cnl to Barton Rd
N, and proceeding westerly along Barton Rd N to
Unnamed 644158897 (TLID:142721177), and
proceeding westerly along Unnamed 644158897
(TLID:142721177) to Unnamed 632542621
(TLID:142721133), and proceeding westerly along
Unnamed 632542621 (TLID:142721133) to Unnamed
144702102 (TLID:142720673), and proceeding
westerly along Unnamed 144702102
(TLID:142720673) to S Waterman Ave, and
proceeding westerly along S Waterman Ave to E
Washington St N, and proceeding westerly along E
Washington St N to Unnamed 652335447
(TLID:142717619), and proceeding easterly along
Unnamed 652335447 (TLID:142717619) to Unnamed
652335450 (TLID:142717593), and proceeding
westerly along Unnamed 652335450
(TLID:142717593) to Unnamed 652335449
(TLID:142717077), and proceeding easterly along
Unnamed 652335449 (TLID:142717077) to E
Washington St N, and proceeding westerly along E
Washington St N to S Hunts Ln, and proceeding
westerly along S Hunts Ln to Unnamed 614813576
(TLID:142723653), and proceeding westerly along
Unnamed 614813576 (TLID:142723653) to Unnamed
635923807 (TLID:142723109), and proceeding
westerly along Unnamed 635923807
(TLID:142723109) to Unnamed 635923808
(TLID:142723132), and proceeding westerly along
Unnamed 635923808 (TLID:142723132) to Unnamed
650412308 (TLID:142713350), and proceeding
Packet Page 83
Boundaries of Wards 23
northerly along Unnamed 650412308
(TLID:142713350) to Unnamed 650412307
(TLID:142712889), and proceeding northerly along
Unnamed 650412307 (TLID:142712889) to Unnamed
644366987 (TLID:142713486), and proceeding
northerly along Unnamed 644366987
(TLID:142713486) to Unnamed 145227331
(TLID:142713634), and proceeding northerly along
Unnamed 145227331 (TLID:142713634) to Unnamed
144659235 (TLID:142713687), and proceeding
northerly along Unnamed 144659235
(TLID:142713687) to E Fairway Dr, and proceeding
westerly along E Fairway Dr to S Auto Plaza Dr, and
proceeding northerly along S Auto Plaza Dr to
Unnamed 647988155 (TLID:142710928), and
proceeding westerly along Unnamed 647988155
(TLID:142710928) to Unnamed 644424929
(TLID:142710849), and proceeding northerly along
Unnamed 644424929 (TLID:142710849) to Unnamed
616550868 (TLID:142710856), and proceeding
northerly along Unnamed 616550868
(TLID:142710856) to Unnamed 616550867
(TLID:142710881), and proceeding northerly along
Unnamed 616550867 (TLID:142710881) to Unnamed
629797992 (TLID:142710887), and proceeding
northerly along Unnamed 629797992
(TLID:142710887) to Unnamed 632550573
(TLID:142710893), and proceeding northerly along
Unnamed 632550573 (TLID:142710893) to Unnamed
632550575 (TLID:142710056), and proceeding
westerly along Unnamed 632550575
(TLID:142710056) to Unnamed 632550575
(TLID:142709984), and proceeding easterly along
Unnamed 632550575 (TLID:142709984) to E Scenic
Dr, and proceeding easterly along E Scenic Dr to
Unnamed 651415882 (TLID:142711353), and
proceeding westerly along Unnamed 651415882
(TLID:142711353) to Unnamed 651415879
(TLID:142711343), and proceeding northerly along
Unnamed 651415879 (TLID:142711343) to Unnamed
651415876 (TLID:142711377), and proceeding
northerly along Unnamed 651415876
(TLID:142711377) to Unnamed 651415873
(TLID:142711405), and proceeding northerly along
Unnamed 651415873 (TLID:142711405) to Unnamed
651415835 (TLID:142711420), and proceeding
northerly along Unnamed 651415835
(TLID:142711420) to Unnamed 651415836
(TLID:142711536), and proceeding northerly along
Unnamed 651415836 (TLID:142711536) to Unnamed
650412358 (TLID:142711545), and proceeding
westerly along Unnamed 650412358
(TLID:142711545) to Unnamed 651643445
(TLID:142711487), and proceeding northerly along
Unnamed 651643445 (TLID:l427 l1487) to Unnamed
144724517 (TLID:142711497), and proceeding
northerly along Unnamed 144724517
(TLID:142711497) to Unnamed 650412403
(TLID:142710833), and proceeding northerly along
Unnamed 650412403 (TLID:142710833) to Unnamed
650412404 (TLID:144295833), and proceeding
northerly along Unnamed 650412404
(TLID:144295833) to Inland Center Dr, and
proceeding northerly along Inland Center Dr to
Unnamed 650412437 (TLID:144295827), and
proceeding northerly along Unnamed 650412437
(TLID:144295827) to Unnamed 632542871
(TLID:144295390), and proceeding northerly along
Unnamed 632542871 (TLID:144295390) to Unnamed
644362615 (TLID:144295371), and proceeding
westerly along Unnamed 644362615
(TLID:144295371) to Unnamed 644362615
(TLID:144295923), and proceeding northerly along
Unnamed 644362615 (TLID:144295923) to E Grant
Ave, and proceeding westerly along E Grant Ave to N
Mount Vernon Ave, and proceeding northerly along N
Mount Vernon Ave to E Johnston St, and proceeding
westerly along E Johnston St to Bordwell Ave, and
proceeding northerly along Bordwell Ave to Unnamed
145226507 (TLID:144117025), and proceeding
northerly along Unnamed 145226507
(TLID:144117025) to Unnamed 632556003
(TLID:144117031), and proceeding northerly along
Unnamed 632556003 (TLID:144117031) to Unnamed
632556013 (TLID:144117105), and proceeding
westerly along Unnamed 632556013
(TLID:144117105) to Unnamed 642197022
(TLID:144117019), and proceeding westerly along
Unnamed 642197022 (TLID:144117019) to Unnamed
642197021 (TLID:144117123), and proceeding
northerly along Unnamed 642197021
Packet Page 84
24 San Bernardino - General Provisions
(TLID:144117123) to Unnamed 632555787
(TLID:144117144), and proceeding westerly along
Unnamed 632555787 (TLID:144117144) to Unnamed
632555446 (TLID:144116923), and proceeding
southerly along Unnamed 632555446
(TLID:144116923) to Unnamed 632555497
(TLID:144116911), and proceeding southerly along
Unnamed 632555497 (TLID:144116911) to Unnamed
632555529 (TLID:144116904), and proceeding
westerly al ong Unnamed 632555529
(TLID:144116904) to Unnamed 632556815
(TLID:144116600), and proceeding westerly along
Unnamed 632556815 (TLID:144116600) to Unnamed
632556814 (TLID:144116295), and proceeding
westerly along Unnamed 632556814
(TLID:144116295) to Unnamed 632556811
(TLID:144116289), and proceeding westerly along
Unnamed 632556811 (TLID:144116289) to Unnamed
632556808 (TLID:144116282), and proceeding
westerly along Unnamed 632556808
(TLID:144116282) to Unnamed 632556805
(TLID:144116205), and proceeding westerly along
Unnamed 632556805 (TLID:144116205) to Unnamed
644218551 (TLID:144116181), and proceeding
westerly along Unnamed 644218551
(TLID:144116181) to Unnamed 632556799
(TLID:144115747), and proceeding westerly along
Unnamed 632556799 (TLID:144115747) to W Mill St,
and proceeding westerly along W Mill St to Unnamed
651415756 (TLID:144115570), and proceeding
northerly along Unnamed 651415756
(TLID:144115570) to Unnamed 651415755
(TLID:144115577), and proceeding northerly along
Unnamed 651415755 (TLID:144115577) to Unnamed
653243684 (TLID:144115802), and proceeding
northerly along Unnamed 653243684
(TLID:144115802) to Unnamed 651415728
(TLID:144120233), and proceeding westerly along
Unnamed 651415728 (TLID:144120233) to Unnamed
650412669 (TLID:144112121), and proceeding
westerly along Unnamed 650412669
(TLID:144112121) to Unnamed 650412668
(TLID:144107838), and proceeding southerly along
Unnamed 650412668 (TLID:144107838) to Unnamed
651415628 (TLID:144107488), and proceeding
southerly along Unnamed 651415628
(TLID:144107488) to Unnamed 651415631
(TLID:144107423), and proceeding westerly along
Unnamed 651415631 (TLID:144107423) to Unnamed
651415634 (TLID:144107390), and proceeding
westerly al ong Unnamed 651415634
(TLID:144107390) to Unnamed 652335297
(TLID:144106654), and proceeding westerly along
Unnamed 652335297 (TLID:144106654) to Unnamed
652335299 (TLID:144106521), and proceeding
westerly along Unnamed 652335299
(TLID:144106521) to Unnamed 651415686
(TLID:144110384), and proceeding northerly along
Unnamed 651415686 (TLID:144110384) to Unnamed
651415685 (TLID:144110354), and proceeding
westerly along Unnamed 651415685
(TLID:144110354) to N Rancho Ave, and proceeding
southerly along N Rancho Ave to Unnamed
651415388 (TLID:144104856), and proceeding
westerly along Unnamed 651415388
(TLID:144104856) to Unnamed 651415370
(TLID:144104397), and proceeding westerly along
Unnamed 651415370 (TLID:144104397) to W Mill St,
and proceeding westerly along W Mill St to Unnamed
651416191 (TLID:144103581), and proceeding
southerly along Unnamed 651416191
(TLID:144103581) to Unnamed 651416192
(TLID:144103482), and proceeding westerly along
Unnamed 651416192 (TLID:144103482) to Unnamed
651416228 (TLID:144103435), and proceeding
southerly along Unnamed 651416228
(TLID:144103435) to Unnamed 632562865
(TLID:144103402), and proceeding southerly along
Unnamed 632562865 (TLID:144103402) to Unnamed
632562862 (TLID:144102833), and proceeding
southerly along Unnamed 632562862
(TLID:144102833) to Unnamed 650412498
(TLID:144070047), and proceeding westerly along
Unnamed 650412498 (TLID:144070047) to Unnamed
650714955 (TLID:144069669), and proceeding
westerly along Unnamed 650714955
(TLID:144069669) to Burlington Northern Santa Fe
Rlwy, and proceeding southerly along Burlington
Northern Santa Fe Rlwy to Unnamed 650412489
(TLID:144069564), and proceeding westerly along
Unnamed 650412489 (TLID:144069564) to Unnamed
Packet Page 85
Boundaries of Wards 25
650412490 (TLID:144069458), and proceeding
westerly al ong Unnamed 650412490
(TLID:144069458) to Unnamed 144988708
(TLID:144069380), and proceeding westerly along
Unnamed 144988708 (TLID:144069380) to Unnamed
144988707 (TLID:144068621), and proceeding
westerly along Unnamed 144988707
(TLID:144068621) to Unnamed 614892559
(TLID:144068188), and proceeding northerly along
Unnamed 614892559 (TLID:144068188) to W Randall
Ave, and proceeding westerly along W Randall Ave to
Unnamed 651069439 (TLID:144055532), and
proceeding westerly along Unnamed 651069439
(TLID:144055532) to Unnamed 145000991
(TLID:144056846), and proceeding northerly along
Unnamed 145000991 (TLID:144056846) to Unnamed
145220050 (TLID:144057000), and proceeding
easterly along Unnamed 145220050
(TLID:144057000) to Unnamed 145000995
(TLID:144066595), and proceeding easterly along
Unnamed 145000995 (TLID:144066595) to S
Eucalyptus Ave, and proceeding northerly along S
Eucalyptus Ave to E Rialto Ave, and proceeding
easterly along E Rialto Ave to W Rialto Ave, and
proceeding easterly along W Rialto Ave to Burlington
Northern Santa Fe Rlwy, and proceeding northerly
along Burlington Northern Santa Fe Rlwy to Lytle
Creek Chnnl, and proceeding northerly along Lytle
Creek Chnnl to W Foothill Blvd, and proceeding
easterly along W Foothill Blvd to W 4th St, and
proceeding easterly along W 4th St to the point of
beginning;
(B) Except for beginning at the point of
intersection of Unnamed 651661360
(TLID:142759027) and E Cooley Ave, and proceeding
easterly along Unname d 651661360
(TLID:142759027) to E Cooley Ave, and proceeding
westerly along E Cooley Ave to the point of
beginning;
(C) Except for beginning at the point of
intersection of Unnamed 650801061
(TLID:142758124) and Unnamed 650801053
(TLID:142758144), and proceeding southerly along
Unnamed 650801061 (TLID:142758124) to Davidson
St, and proceeding easterly along Davidson St to
Curtis St, and proceeding northerly along Curtis St to
Unnamed 650801053 (TLID:142758144), and
proceeding northerly along Unnamed 650801053
(TLID:142758144) to the point of beginning;
(D) Except for beginning at the point of
intersection of S Richardson St and E Cooley Ave, and
proceeding southerly along S Richardson St to
Unnamed 144688763 (TLID:142758975), and
proceeding easterly along Unnamed 144688763
(TLID:142758975) to E Cooley Ave, and proceeding
westerly along E Cooley Ave to the point of
beginning; and
(E) Except for beginning at the point of
intersection of E Cooley Ave and Unnamed
651426691 (TLID:142759340), and proceeding
westerly along E Cooley Ave to Unnamed 651426749
(TLID:142759302), and proceeding southerly along
Unnamed 651426749 (TLID:142759302) to Unnamed
651426691 (TLID:142759327), and proceeding
northerly along Unnamed 651426691
(TLID:142759327) to Unnamed 651426691
(TLID:142759340), and proceeding westerly along
Unnamed 651426691 (TLID:142759340) to the point
of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.050 FOURTH WARD.
The region bounded and described as follows:
beginning at the point of intersection of Unnamed
636041398 (TLID:144528427) and Unnamed
636041611 (TLID:144528417), and proceeding
southerly along Unnamed 636041398
(TLID:144528427) to Unnamed 647153502
(TLID:144410016), and proceeding southerly along
Unnamed 647153502 (TLID:144410016) to Unnamed
647153503 (TLID:144410010), and proceeding
southerly along Unnamed 647153503
(TLID:144410010) to Unnamed 647153499
Packet Page 86
26 San Bernardino - General Provisions
(TLID:144410049), and proceeding easterly along
Unnamed 647153499 (TLID:144410049) to Unnamed
629791069 (TLID:144410890), and proceeding
easterly along Unnamed 629791069
(TLID:144410890) to Unnamed 647153581
(TLID:144410919), and proceeding easterly along
Unnamed 647153581 (TLID:144410919) to Unnamed
647153582 (TLID:144410943), and proceeding
southerly along Unnamed 647153582
(TLID:144410943) to Old Waterman Canyon Rd, and
proceeding southerly along Old Waterman Canyon Rd
to Unnamed 647153613 (TLID:144410967), and
proceeding southerly along Unnamed 647153613
(TLID:144410967) to Unnamed 647153614
(TLID:144434140), and proceeding southerly along
Unnamed 647153614 (TLID:144434140) to Unnamed
647153812 (TLID:144434172), and proceeding
easterly along Unnamed 647153812
(TLID:144434172) to Unnamed 647153808
(TLID:144434647), and proceeding easterly along
Unnamed 647153808 (TLID:144434647) to Unnamed
647992326 (TLID:144435120), and proceeding
easterly along Unnamed 647992326
(TLID:144435120) to Unnamed 636041635
(TLID:144435134), and proceeding southerly along
Unnamed 636041635 (TLID:144435134) to Unnamed
636041638 (TLID:144435496), and proceeding
easterly along Unnamed 636041638
(TLID:144435496) to Unnamed 647990263
(TLID:144514947), and proceeding easterly along
Unnamed 647990263 (TLID:144514947) to Unnamed
648096410 (TLID:144515523), and proceeding
easterly along Unnamed 648096410
(TLID:144515523) to Unnamed 647154727
(TLID:144516195), and proceeding southerly along
Unnamed 647154727 (TLID:144516195) to Unnamed
648096392 (TLID:144516174), and proceeding
southerly along Unnamed 648096392
(TLID:144516174) to Unnamed 647154723
(TLID:144514990), and proceeding westerly along
Unnamed 647154723 (TLID:144514990) to Unnamed
647154720 (TLID:144514669), and proceeding
westerly al ong Unnamed 647154720
(TLID:144514669) to Daley Canyon Trk Tri, and
proceeding westerly along Daley Canyon Trk Tri to
Unnamed 647154713 (TLID:144433880), and
proceeding southerly along Unnamed 647154713
(TLID:144433880) to Unnamed 647989318
(TLID:144433861), and proceeding westerly along
Unnamed 647989318 (TLID:144433861) to Unnamed
647155158 (TLID:144433743), and proceeding
southerly along Unnamed 647155158
(TLID:144433743) to Unnamed 647990959
(TLID:144433841), and proceeding easterly along
Unnamed 647990959 (TLID:144433841) to Unnamed
647155301 (TLID:144419732), and proceeding
southerly along Unnamed 647155301
(TLID:144419732) to Unnamed 648352983
(TLID:144419667), and proceeding southerly along
Unnamed 648352983 (TLID:144419667) to Unnamed
648352982 (TLID:144418708), and proceeding
southerly along Unnamed 648352982
(TLID:144418708) to Unnamed 647155554
(TLID:144418727), and proceeding easterly along
Unnamed 647155554 (TLID:144418727) to Harrison
Canyon Rd, and proceeding southerly along Harrison
Canyon Rd to E 40th St, and proceeding easterly along
E 40th St to Unnamed 647155910 (TLID:144428554),
and proceeding northerly along Unnamed 647155910
(TLID:144428554) to Unnamed 144654375
(TLID:144429014), and proceeding easterly along
Unnamed 144654375 (TLID:144429014) to Unnamed
144660396 (TLID:144430659), and proceeding
easterly along Unnamed 144660396
(TLID:144430659) to Unnamed 647990957
(TLID:144431102), and proceeding easterly along
Unnamed 647990957 (TLID:144431102) to Unnamed
647156455 (TLID:144432490), and proceeding
easterly along Unnamed 647156455
(TLID:144432490) to Unnamed 647156454
(TLID:144432512), and proceeding easterly along
Unnamed 647156454 (TLID:144432512) to Unnamed
647156117 (TLID:144432895), and proceeding
easterly along Unnamed 647156117
(TLID:144432895) to Unnamed 647156121
(TLID:144506807), and proceeding southerly along
Unnamed 647156121 (TLID:144506807) to Sand
Canyon Truck Tri, and proceeding southerly along
Sand Canyon Truck Tri to N Sand Canyon Truck Tri,
and proceeding southerly along N Sand Canyon Truck
Packet Page 87
Boundaries of Wards 27
Tri to Daley Canyon Rd, and proceeding southerly
along Daley Canyon Rd to Unnamed 647156131
(TLID:144506727), and proceeding easterly along
Unnamed 647156131 (TLID:144506727) to Unnamed
647156129 (TLID:144506917), and proceeding
easterly along Unnamed 647156129
(TILID:144506917) to Unnamed 614822709
(TLID:144507472), and proceeding easterly along
Unnamed 614822709 (TLID:144507472) to Unnamed
614822670 (TLID:144507483), and proceeding
easterly along Unnamed 614822670
(TLID:144507483) to Unnamed 614822669
(TLID:144514146), and proceeding easterly along
Unnamed 614822669 (TLID:144514146) to Unnamed
144660551 (TLID:144514117), and proceeding
southerly along Unnamed 144660551
(TLID:144514117) to Unnamed 144981042
(TLID:144510801), and proceeding southerly along
Unnamed 144981042 (TLID:144510801) to Unnamed
629790979 (TLID:144510795), and proceeding
southerly along Unnamed 629790979
(TLID:144510795) to Unnamed 629790978
(TLID:144510762), and proceeding southerly along
Unnamed 629790978 (TLID:144510762) to Unnamed
144963697 (TLID:144509250), and proceeding
southerly along Unnamed 144963697
(TLID:144509250) to N Victoria Ave, and proceeding
southerly along N Victoria Ave to Unnamed
614877102 (TLID:144509200), and proceeding
southerly along Unnamed 614877102
(TLID:144509200) to Unnamed 640664213
(TILID:144509176), and proceeding southerly along
Unnamed 640664213 (TLID:144509176) to Unnamed
640664214 (TLID:144508565), and proceeding
easterly along Unnamed 640664214
(TLID:144508565) to Unnamed 640664257
(TLID:144509278), and proceeding northerly along
Unnamed 640664257 (TLID:144509278) to Unnamed
640664436 (TLID:144509973), and proceeding
easterly along Unnamed 640664436
(TLID:144509973) to Unnamed 640664438
(TLID:144510052), and proceeding northerly along
Unnamed 640664438 (TLID:144510052) to Unnamed
647127662 (TLID:144510137), and proceeding
northerly along Unnamed 647127662
(TLID:144510137) to Unnamed 653061598
(TLID:144510524), and proceeding northerly along
Unnamed 653061598 (TLID:144510524) to Unnamed
647990949 (TLID:144510598), and proceeding
easterly along Unnamed 647990949
(TLID:144510598) to Unnamed 640664269
(TLID:144512162), and proceeding easterly along
Unnamed 640664269 (TLID:144512162) to Unnamed
640664268 (TLID:144512362), and proceeding
easterly along Unnamed 640664268
(TLID:144512362) to Unnamed 623916055
(TLID:144512690), and proceeding easterly along
Unnamed 623916055 (TLID:144512690) to Unnamed
623916054 (TLID:144513879), and proceeding
easterly along Unnamed 623916054
(TLID:144513879) to Unnamed 144984702
(TLID:144518342), and proceeding easterly along
Unnamed 144984702 (TLID:144518342) to Unnamed
144963690 (TLID:144518353), and proceeding
easterly along Unnamed 144963690
(TLID:144518353) to Unnamed 642072281
(TLID:144518672), and proceeding northerly along
Unnamed 642072281 (TLID:144518672) to Unnamed
642072282 (TLID:144518937), and proceeding
northerly along Unnamed 642072282
(TLID:144518937) to Unnamed 614872263
(TLID:144518974), and proceeding easterly along
Unnamed 614872263 (TLID:144518974) to Unnamed
614872262 (TLID:144519028), and proceeding
southerly along Unnamed 614872262
(TLID:144519028) to Unnamed 144963688
(TLID:144519062), and proceeding southerly along
Unnamed 144963688 (TLID:144519062) to Unnamed
144963687 (TLID:144519050), and proceeding
easterly along Unnamed 144963687
(TLID:144519050) to Unnamed 144963686
(TLID:144519196), and proceeding easterly along
Unnamed 144963686 (TLID:144519196) to Unnamed
653171362 (TLID:144520004), and proceeding
easterly along Unname d 653171362
(TLID:144520004) to Unnamed 145191878
(TLID:144520166), and proceeding easterly along
Unnamed 145191878 (TLID:144520166) to Unnamed
145199453 (TLID:144520224), and proceeding
easterly along Unnamed 145199453
(TLID:144520224) to Unnamed 145199452
(TLID:144520239), and proceeding easterly along
Unnamed 145199452 (TLID:144520239) to Unnamed
650413311 (TLID:145489601), and proceeding
Packet Page 88
28 San Bernardino - General Provisions
southerly along Unnamed 650413311
(TLID:145489601) to Unnamed 650413310
(TLID:145474137), and proceeding southerly along
Unnamed 650413310 (TLID:145474137) to Unnamed
614822552 (TLID:145474143), and proceeding
easterly along Unnamed 614822552
(TLID:145474143) to Unnamed 647989145
(TLID:145475629), and proceeding easterly along
Unnamed 647989145 (TLID:145475629) to Unnamed
145226750 (TLID:145475672), and proceeding
westerly al ong Unnamed 145226750
(TLID:145475672) to Unnamed 651424018
(TLID:145475588), and proceeding westerly along
Unnamed 651424018 (TLID:145475588) to Unnamed
651424021 (TLID:145474114), and proceeding
southerly along Unnamed 651424021
(TLID:145474114) to Emmerton Ln, and proceeding
southerly along Emmerton Ln to Unnamed 651424037
(TLID:145473604), and proceeding westerly along
Unnamed 651424037 (TLID:145473604) to Unnamed
651424033 (TLID:145473579), and proceeding
westerly along Unnamed 651424033
(TLID:145473579) to Unnamed 651706971
(TLID:145473551), and proceeding westerly along
Unnamed 651706971 (TLID:145473551) to Unnamed
651425173 (TLID:145472554), and proceeding
southerly along Unnamed 651425173
(TLID:145472554) to Unnamed 651425248
(TLID:145472498), and proceeding westerly along
Unnamed 651425248 (TLID:145472498) to Arroyo
Vista Dr, and proceeding westerly along Arroyo Vista
Dr to N Orchard Rd, and proceeding southerly along
N Orchard Rd to Terrace Dr, and proceeding easterly
along Terrace Dr to Unnamed 145000981
(TLID:144498256), and proceeding southerly along
Unnamed 145000981 (TLID:144498256) to Fairway
Ln, and proceeding westerly along Fairway Ln to
Unnamed 145226648 (TLID:144498200), and
proceeding westerly along Unnamed 145226648
(TLID:144498200) to Unnamed 145226648
(TLID:144497877), and proceeding westerly along
Unnamed 145226648 (TLID:144497877) to Highland
Ave, and proceeding westerly along Highland Ave to
Unnamed 144718236 (TLID:144497467), and
proceeding northerly along Unnamed 144718236
(TLID:144497467) to Highland Ave, and proceeding
westerly along Highland Ave to Unnamed 614877255
(TLID:144494253), and proceeding westerly along
Unnamed 614877255 (TLID:144494253) to Highland
Ave, and proceeding westerly along Highland Ave to
Unnamed 651423907 (TLID:144484088), and
proceeding southerly along Unnamed 651423907
(TLID:144484088) to Atlantic Ave, and proceeding
easterly along Atlantic Ave to Unnamed 636146884
(TLID:144484989), and proceeding easterly along
Unnamed 636146884 (TLID:144484989) to Unnamed
636146885 (TLID:144485030), and proceeding
easterly along Unnamed 636146885
(TLID:144485030) to Unnamed 644267012
(TLID:144485513), and proceeding easterly along
Unnamed 644267012 (TLID:144485513) to N Boulder
Ave, and proceeding southerly along N Boulder Ave
to Pacific St, and proceeding westerly along Pacific St to La Praix St, and proceeding southerly along La
Praix St to Unnamed 644362282 (TLID:144478488),
and proceeding westerly along Unnamed 644362282
(TLID:144478488) to Unnamed 144984979
(TLID:144483271), and proceeding westerly along
Unnamed 144984979 (TLID:144483271) to Unnamed
144984978 (TLID:144483259), and proceeding
westerly al ong Unnamed 144984978
(TLID:144483259) to Unnamed 614885221
(TLID:144481002), and proceeding westerly along
Unnamed 614885221 (TLID:144481002) to Unnamed
614885220 (TLID:144480971), and proceeding
westerly along Unnamed 614885220
(TLID:144480971) to Unnamed 614882869
(TLID:144480962), and proceeding westerly along
Unnamed 614882869 (TLID:144480962) to State Hwy
30 S, and proceeding westerly along State Hwy 30 S
to Pacific St, and proceeding westerly along Pacific St to Unnamed 651636760 (TLID:144479750), and
proceeding northerly along Unnamed 651636760
(TLID:144479750) to N Palm Ave, and proceeding
northerly along N Palm Ave to E Atlantic Ave, and
proceeding westerly along E Atlantic Ave to Unnamed
614882678 (TLID:144462805), and proceeding
southerly along Unnamed 614882678
(TLID:144462805) to Orange St, and proceeding
southerly along Orange St to Unnamed 653186793
(TLID:144462255), and proceeding southerly along
Unnamed 653186793 (TLID:144462255) to Orange St,
and proceeding southerly along Orange St to E Clifton
Ave, and proceeding easterly along E Clifton Ave to
Unnamed 651423771 (TLID:144459818), and
proceeding easterly along Unnamed 651423771
(TLID:144459818) to Unnamed 651666821
(TLID:144459797), and proceeding easterly along
Packet Page 89
Boundaries of Wards 29
Unnamed 651666821 (TLID:144459797) to Unnamed
145000408 (TLID:144474290), and proceeding
easterly along Unnamed 145000408
(TLID:144474290) to Unnamed 145000405
(TLID:144474366), and proceeding easterly along
Unnamed 145000405 (TLID:144474366) to Palm Ave,
and proceeding southerly along Palm Ave to Unnamed
651679172 (TLID:144474403), and proceeding
southerly along Unnamed 651679172
(TLID:144474403) to Palm Ave, and proceeding
southerly along Palm Ave to Unnamed 651703677
(TLID:144474105), and proceeding westerly along
Unnamed 651703677 (TLID:144474105) to Unnamed
650713852 (TLID:144459100), and proceeding
westerly along Unnamed 650713852
(TLID:144459100) to Cole Ave, and proceeding
northerly along Cole Ave to 14th St, and proceeding
westerly along 14th St to Unnamed 651707140
(TLID:144459286), and proceeding northerly along
Unnamed 651707140 (TLID:144459286) to Unnamed
651423561 (TLID:144459376), and proceeding
northerly along Unnamed 651423561
(TLID:144459376) to Fisher St, and proceeding
westerly along Fisher St to Orange St, and proceeding
northerly along Orange St to Unnamed 145000416
(TLID:144458553), and proceeding westerly along
Unnamed 145000416 (TLID:144458553) to Central
Ave, and proceeding northerly along Central Ave to
Mansfield St, and proceeding westerly along
Mansfield St to Unnamed 144689058
(TLID:144461600), and proceeding northerly along
Unnamed 144689058 (TLID:144461600) to Pacific St,
and proceeding westerly along Pacific St to Unnamed
651423212 (TLID:144460577), and proceeding
northerly along Unnamed 651423212
(TLID:144460577) to Unnamed 651423187
(TLID:144460610), and proceeding northerly along
Unnamed 651423187 (TLID:144460610) to Unnamed
651423182 (TLID:144460781), and proceeding
northerly along Unnamed 651423182
(TLID:144460781) to Highland Ave, and proceeding
westerly along Highland Ave to N Victoria Ave, and
proceeding northerly along N Victoria Ave to
Unnamed 144733354 (TLID:144460864), and
proceeding westerly along Unnamed 144733354
(TLID:144460864) to Sand Crk, and proceeding
northerly along Sand Crk to Date St E, and proceeding
westerly along Date St E to Unnamed 144661044
(TLID:144453147), and proceeding northerly along
Unnamed 144661044 (TLID:144453147) to Unnamed
644392798 (TLID:144453247), and proceeding
northerly along Unnamed 644392798
(TLID:144453247) to Unnamed 144661011
(TLID:144453315), and proceeding northerly along
Unnamed 144661011 (TLID:144453315) to Unnamed
144661000 (TLID:144504692), and proceeding
northerly along Unnamed 144661000
(TLID:144504692) to Unnamed 144661000
(TLID:144504781), and proceeding westerly along
Unnamed 144661000 (TLID:144504781) to E
Lynwood Dr, and proceeding westerly along E
Lynwood Dr to Unnamed 144660962
(TLID:144503552), and proceeding northerly along
Unnamed 144660962 (TLID:144503552) to Arden
Ave, and proceeding southerly along Arden Ave to E
Lynwood Dr, and proceeding westerly along E
Lynwood Dr to Unnamed 647128114
(TLID:144500977), and proceeding northerly along
Unnamed 647128114 (TLID:144500977) to Unnamed
647128111 (TLID:144500942), and proceeding
westerly al ong Unnamed 647128111
(TLID:144500942) to Unnamed 647128108
(TLID:144500860), and proceeding westerly along
Unnamed 647128108 (TLID:144500860) to Unnamed
647128105 (TLID:144500841), and proceeding
westerly along Unnamed 647128105
(TLID:144500841) to Unnamed 647128101
(TLID:144500822), and proceeding southerly along
Unnamed 647128101 (TLID:144500822) to E
Lynwood Dr, and proceeding westerly along E
Lynwood Dr to Unnamed 647990540
(TLID:144425723), and proceeding northerly along
Unnamed 647990540 (TLID:144425723) to Marshall
Blvd E, and proceeding westerly along Marshall Blvd
E to E Marshall Blvd, and proceeding westerly along
E Marshall Blvd to Unnamed 647110406
(TLID:144425555), and proceeding northerly along
Unnamed 647110406 (TLID:144425555) to Unnamed
647110471 (TLID:144426116), and proceeding
easterly along Unnamed 647110471
(TLID:144426116) to Bonnie St, and proceeding
southerly along Bonnie St to Edgemont Dr, and
proceeding easterly along Edgemont Dr to Unnamed
144660617 (TLID:144426143), and proceeding
southerly along Unnamed 144660617
(TLID:144426143) to Marshall Blvd E, and
proceeding easterly along Marshall Blvd E to
Unnamed 144660987 (TLID:144505428), and
Packet Page 90
30 San Bernardino - General Provisions
proceeding northerly along Unnamed 144660987
(TLID:144505428) to Unnamed 144660592
(TLID:144505475), and proceeding northerly along
Unnamed 144660592 (TLID:144505475) to Unnamed
144660589 (TLID:144505525), and proceeding
northerly along Unnamed 144660589
(TLID:144505525) to Piedmont Dr, and proceeding
westerly along Piedmont Dr to E Piedmont Dr, and
proceeding westerly along E Piedmont Dr to Piedmont
Dr, and proceeding westerly along Piedmont Dr to
Arden Ave, and proceeding southerly along Arden
Ave to Unnamed 647127951 (TLID:144504047), and
proceeding westerly along Unnamed 647127951
(TLID:144504047) to Unnamed 647127947
(TLID:144501700), and proceeding westerly along
Unnamed 647127947 (TLID:144501700) to Unnamed
144660544 (TLID:144501657), and proceeding
westerly al ong Unnamed 144660544
(TLID:144501657) to Unnamed 647127883
(TLID:144501612), and proceeding westerly along
Unnamed 647127883 (TLID:144501612) to Unnamed
647127884 (TLID:144501468), and proceeding
westerly along Unnamed 647127884
(TLID:144501468) to Unnamed 647127881
(TLID:144503031), and proceeding northerly along
Unnamed 647127881 (TLID:144503031) to Foothill
Dr, and proceeding westerly along Foothill Dr to N
del Rosa Ave, and proceeding southerly along N del
Rosa Ave to Eureka St, and proceeding easterly along
Eureka St to Unnamed 647110375 (TLID:144425106),
and proceeding southerly along Unnamed 647110375
(TLID:144425106) to Unnamed 647110379
(TLID:144425059), and proceeding southerly along
Unnamed 647110379 (TLID:144425059) to E
Marshall Blvd, and proceeding westerly along E
Marshall Blvd to N del Rosa Ave, and proceeding
southerly along N del Rosa Ave to E Lynwood Dr,
and proceeding westerly along E Lynwood Dr to N
Mountain Ave, and proceeding northerly along N
Mountain Ave to Mountain Ave N, and proceeding
northerly along Mountain Ave N to Unnamed
145000973 (TLID:144420900), and proceeding
westerly al ong Unnamed 145000973
(TLID:144420900) to N Fairfax Dr, and proceeding
northerly along N Fairfax Dr to Unnamed 144654540
(TLID:144420912), and proceeding easterly along
Unnamed 144654540 (TLID:144420912) to Mountain
Ave N, and proceeding northerly along Mountain Ave
N to Unnamed 144733464 (TLID:144420979), and
proceeding westerly along Unnamed 144733464
(TLID:144420979) to Unnamed 144654535
(TLID:144420924), and proceeding westerly along
Unnamed 144654535 (TLID:144420924) to Unnamed
144654501 (TLID:144420479), and proceeding
westerly al ong Unnamed 144654501
(TLID:144420479) to Unnamed 144654492
(TLID:144421872), and proceeding northerly along
Unnamed 144654492 (TLID:144421872) to E 35th St,
and proceeding westerly along E 35th St to Modesto
Dr, and proceeding northerly along Modesto Dr to
Unnamed 647109840 (TLID:144422294), and
proceeding easterly along Unnamed 647109840
(TLID:144422294) to Conejo Dr, and proceeding
easterly along Conejo Dr to Ferndale Ave, and
proceeding northerly along Ferndale Ave to Unnamed
647109930 (TLID:144422517), and proceeding
easterly along Unnamed 647109930
(TLID:144422517) to Mountain Ave N, and
proceeding northerly along Mountain Ave N to
Unnamed 647109745 (TLID:144423316), and
proceeding westerly along Unnamed 647109745
(TLID:144423316) to Unnamed 647109746
(TLID:144423297), and proceeding westerly along
Unnamed 647109746 (TLID:144423297) to Ferndale
Ave, and proceeding northerly along Ferndale Ave to
E Echo Dr, and proceeding westerly along E Echo Dr
to Unnamed 144654435 (TLID:144428216), and
proceeding northerly along Unnamed 144654435
(TLID:144428216) to E 39th St, and proceeding
westerly along E 39th St to Unnamed 144654425
(TLID:144416370), and proceeding southerly along
Unnamed 144654425 (TLID:144416370) to Unnamed
144654438 (TLID:144416273), and proceeding
southerly along Unnamed 144654438
(TLID:144416273) to Unnamed 647110171
(TLID:144415556), and proceeding southerly along
Unnamed 647110171 (TLID:144415556) to Unnamed
647110170 (TLID:144415459), and proceeding
southerly along Unnamed 647110170
(TLID:144415459) to Unnamed 647110166
(TLID:144415423), and proceeding westerly along
Unnamed 647110166 (TLID:144415423) to Unnamed
144654333 (TLID:144414934), and proceeding
westerly al ong Unnamed 144654333
(TLID:144414934) to Unnamed 144654333
(TLID:144414827), and proceeding northerly along
Unnamed 144654333 (TLID:144414827) to Harrison
St N, and proceeding northerly along Harrison St N to
Packet Page 91
Boundaries of Wards 31
E 40th St, and proceeding westerly along E 40th St to
W 40th St, and proceeding westerly along W 40th St
to N Electric Ave, and proceeding southerly along N
Electric Ave to N Mountain View Ave, and
proceeding southerly along N Mountain View Ave to
W Thompson Pl, and proceeding westerly along W
Thompson Pl to N Arrowhead Ave, and proceeding
westerly along N Arrowhead Ave to W Kendall Dr,
and proceeding westerly along W Kendall Dr to W
40th St, and proceeding easterly along W 40th St to
Unnamed 144653650 (TLID:144386947), and
proceeding northerly along Unnamed 144653650
(TLID:144386947) to Johnson St, and proceeding
southerly along Johnson St to Unnamed 144653715
(TLID:144386967), and proceeding easterly along
Unnamed 144653715 (TLID:144386967) to Unnamed
144653723 (TLID:144396685), and proceeding
easterly along Unnamed 144653723
(TLID:144396685) to Unnamed 647987739
(TLID:144396771), and proceeding easterly along
Unnamed 647987739 (TLID:144396771) to Unnamed
144978728 (TLID:144396794), and proceeding
easterly along Unnamed 144978728
(TLID:144396794) to N Electric Ave, and proceeding
northerly along N Electric Ave to Unnamed
144978731 (TLID:144396912), and proceeding
westerly al ong Unnamed 144978731
(TLID:144396912) to Unnamed 145220160
(TLID:144396857), and proceeding northerly along
Unnamed 145220160 (TLID:144396857) to W 41st St,
and proceeding westerly along W 41st St to NF St,
and proceeding northerly along N F St to W 48th St,
and proceeding westerly along W 48th St to N E St,
and proceeding southerly along NE St to Unnamed
145230656 (TLID:144387323), and proceeding
westerly along Unnamed 145230656
(TLID:144387323) to Unnamed 144651481
(TLID:144387354), and proceeding easterly along
Unnamed 144651481 (TLID:144387354) to NH St,
and proceeding northerly along N H St to Unnamed
144651474 (TLID:144387432), and proceeding
northerly along Unnamed 144651474
(TLID:144387432) to NH St, and proceeding
northerly along N H St to W Hill Dr, and proceeding
westerly along W Hill Dr to Unnamed 636817303
(TLID:144386191), and proceeding southerly along
Unnamed 636817303 (TLID:144386191) to Unnamed
636817301 (TLID:144386131), and proceeding
westerly along Unnamed 636817301
(TLID:144386131) to N 3rd Ave, and proceeding
southerly along N 3rd Ave to Unnamed 144651464
(TLID:144385803), and proceeding northerly along
Unnamed 144651464 (TLID:144385803) to W Hill
Dr, and proceeding westerly along W Hill Dr to
Campus Cir, and proceeding northerly along Campus
Cir to Unnamed 144555374 (TLID:144405241), and
proceeding easterly along Unnamed 144555374
(TLID:144405241) to Unnamed 627217834
(TLID:144405689), and proceeding easterly along
Unnamed 627217834 (TLID:144405689) to Unnamed
627217833 (TLID:144405985), and proceeding
easterly along Unnamed 627217833
(TLID:144405985) to Unnamed 652038818
(TLID:144406422), and proceeding easterly along
Unnamed 652038818 (TLID:144406422) to Unnamed
652038817 (TLID:144408178), and proceeding
easterly along Unnamed 652038817
(TLID:144408178) to Unnamed 647153354
(TLID:144409221), and proceeding northerly along
Unnamed 647153354 (TLID:144409221) to Unnamed
644251622 (TLID:144410480), and proceeding
northerly along Unnamed 644251622
(TLID:144410480) to Cloudland Truck Tri, and
proceeding northerly along Cloudland Truck Trl to
Unnamed 636041604 (TLID:144409550), and
proceeding northerly along Unnamed 636041604
(TLID:144409550) to Unnamed 636041601
(TLID:144409696), and proceeding northerly along
Unnamed 636041601 (TLID:144409696) to Unnamed
636041547 (TLID:144409702), and proceeding
northerly along Unnamed 636041547
(TLID:144409702) to Unnamed 636041544
(TLID:144409715), and proceeding northerly along
Unnamed 636041544 (TLID:144409715) to Unnamed
636041611 (TLID:144528417), and proceeding
easterly along Unnamed 636041611
(TLID:144528417) to the point of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.060 FIFTH WARD.
The region bounded and described as follows:
beginning at the point of intersection of Unnamed
647149986 (TLID:144253679) and Unnamed
650414396 (TLID:144245559), and proceeding
easterly along Unnamed 647149986
Packet Page 92
32 San Bernardino - General Provisions
(TLID:144253679) to Unnamed 647149929
(TLID:144253597), and proceeding easterly along
Unnamed 647149929 (TLID:144253597) to Unnamed
650414315 (TLID:144254092), and proceeding
southerly along Unnamed 650414315
(TLID:144254092) to Unnamed 647150611
(TLID:144254020), and proceeding westerly along
Unnamed 647150611 (TLID:144254020) to Unnamed
647150610 (TLID:144252754), and proceeding
southerly along Unnamed 647150610
(TLID:144252754) to Unnamed 627217840
(TLID:144252676), and proceeding southerly along
Unnamed 627217840 (TLID:144252676) to Unnamed
647151185 (TLID:144252498), and proceeding
southerly along Unnamed 647151185
(TLID:144252498) to Unnamed 647151186
(TLID:144193248), and proceeding southerly along
Unnamed 647151186 (TLID:144193248) to Unnamed
647150880 (TLID:144192549), and proceeding
southerly along Unnamed 647150880
(TLID:144192549) to Unnamed 647989280
(TLID:144192688), and proceeding southerly along
Unnamed 647989280 (TLID:144192688) to W
Frontline Rd, and proceeding southerly along W
Frontline Rd to Unnamed 647151679
(TLID:144194747), and proceeding northerly along
Unnamed 647151679 (TLID:144194747) to Unnamed
144736409 (TLID:144195245), and proceeding
easterly along Unname d 144736409
(TLID:144195245) to Unnamed 648098719
(TLID:144195657), and proceeding southerly along
Unnamed 648098719 (TLID:144195657) to Unnamed
647152267 (TLID:144194664), and proceeding
southerly along Unnamed 647152267
(TLID:144194664) to Unnamed 647987233
(TLID:144405294), and proceeding easterly along
Unnamed 647987233 (TLID:144405294) to Sycamore
Canyon Rd, and proceeding easterly along Sycamore
Canyon Rd to Unnamed 144555374
(TLID:144405241), and proceeding westerly along
Unnamed 144555374 (TLID:144405241) to N
Magnolia Dr, and proceeding southerly along N
Magnolia Dr to Unnamed 649794939
(TLID:144189095), and proceeding westerly along
Unnamed 649794939 (TLID:144189095) to N
Magnolia Dr, and proceeding southerly along N
Magnolia Dr to Unnamed 648099337
(TLID:144189055), and proceeding southerly along
Unnamed 648099337 (TLID:144189055) to N 4th
Ave, and proceeding southerly along N 4th Ave to
Unnamed 144651454 (TLID:144384052), and
proceeding easterly along Unnamed 144651454
(TLID:144384052) to Unnamed 144651459
(TLID:144384431), and proceeding easterly along
Unnamed 144651459 (TLID:144384431) to Unnamed
144651492 (TLID:144385176), and proceeding
easterly along Unname d 144651492
(TLID:144385176) to N 3rd Ave, and proceeding
northerly along N 3rd Ave to Unnamed 647147014
(TLID:144385217), and proceeding easterly along
Unnamed 647147014 (TLID:144385217) to Unnamed
614811990 (TLID:144385238), and proceeding
southerly along Unnamed 614811990
(TLID:144385238) to W 40th St, and proceeding
westerly along W 40th St to W Kendall Dr, and
proceeding easterly along W Kendall Dr to N E St,
and proceeding southerly along N E St to W 34th St,
and proceeding westerly along W 34th St to W
Edgehill Rd, and proceeding westerly along W
Edgehill Rd to N H St, and proceeding southerly along
N H St to Foothill Fwy, and proceeding westerly
along Foothill Fwy to Unnamed 614800425
(TLID:144179487), and proceeding westerly along
Unnamed 614800425 (TLID:144179487) to Foothill
Fwy, and proceeding westerly along Foothill Fwy to
I-215, and proceeding northerly along I-215 to
Unnamed 616137078 (TLID:144164517), and
proceeding easterly along Unnamed 616137078
(TLID:144164517) to I-215, and proceeding northerly
along I-215 to Palm Ave, and proceeding southerly
along Palm Ave to I-215, and proceeding westerly
along I-215 to Unnamed 646966385
(TLID:144211107), and proceeding westerly along
Unnamed 646966385 (TLID:144211107) to Unnamed
646966386 (TLID:144210138), and proceeding
northerly along Unnamed 646966386
(TLID:144210138) to Unnamed 646966380
(TLID:144210147), and proceeding northerly along
Unnamed 646966380 (TLID:144210147) to Unnamed
648084678 (TLID:144210157), and proceeding
northerly along Unnamed 648084678
(TLID:144210157) to Unnamed 646966374
(TLID:144210202), and proceeding northerly along
Unnamed 646966374 (TLID:144210202) to Unnamed
144972074 (TLID:144211182), and proceeding
northerly along Unnamed 144972074
Packet Page 93
Boundaries of Wards 33
(TLID:144211182) to Unnamed 144972073
(TLID:144211195), and proceeding northerly along
Unnamed 144972073 (TLID:144211195) to Unnamed
649804343 (TLID:144211435), and proceeding
easterly along Unname d 649804343
(TLID:144211435) to Unnamed 648353013
(TLID:144214280), and proceeding easterly along
Unnamed 648353013 (TLID:144214280) to Unnamed
649117253 (TLID:144214286), and proceeding
easterly along Unnamed 649117253
(TLID:144214286) to Unnamed 649117254
(TLID:144214298), and proceeding southerly along
Unnamed 649117254 (TLID:144214298) to Unnamed
646966781 (TLID:144214292), and proceeding
southerly along Unnamed 646966781
(TLID:144214292) to Cable Canyon Rd, and
proceeding westerly along Cable Canyon Rd to
Unnamed 647147696 (TLID:144214259), and
proceeding southerly along Unnamed 647147696
(TLID:144214259) to Unnamed 647147699
(TLID:144213509), and proceeding southerly along
Unnamed 647147699 (TLID:144213509) to Cable
Canyon Rd, and proceeding southerly along Cable
Canyon Rd to Unnamed 647147705
(TLID:144213466), and proceeding southerly along
Unnamed 647147705 (TLID:144213466) to Unnamed
651665584 (TLID:144213401), and proceeding
southerly along Unnamed 651665584
(TLID:144213401) to Unnamed 647147783
(TLID:144213066), and proceeding northerly along
Unnamed 647147783 (TLID:144213066) to Martin
Ranch Rd, and proceeding easterly along Martin
Ranch Rd to Unnamed 647147842 (TLID:144213951),
and proceeding easterly along Unnamed 647147842
(TLID:144213951) to Martin Ranch Rd, and
proceeding southerly along Martin Ranch Rd to
Unnamed 647147836 (TLID:144213838), and
proceeding southerly along Unnamed 647147836
(TLID:144213838) to W Meyers Rd, and proceeding
easterly along W Meyers Rd to Unnamed 644214254
(TLID:144242394), and proceeding easterly along
Unnamed 644214254 (TLID:144242394) to Unnamed
653159962 (TLID:144243336), and proceeding
easterly along Unnamed 653159962
(TLID:144243336) to Unnamed 649117671
(TLID:144243626), and proceeding easterly along
Unnamed 649117671 (TLID:144243626) to Unnamed
653159939 (TLID:144171637), and proceeding
southerly along Unnamed 653159939
(TLID:144171637) to Unnamed 647149084
(TLID:144171650), and proceeding easterly along
Unnamed 647149084 (TLID:144171650) to Unnamed
647149087 (TLID:144251197), and proceeding
easterly along Unnamed 647149087
(TLID:144251197) to Unnamed 647149118
(TLID:144251307), and proceeding northerly along
Unnamed 647149118 (TLID:144251307) to Unnamed
647149152 (TLID:144251437), and proceeding
northerly along Unnamed 647149152
(TLID:144251437) to Unnamed 647149150
(TLID:144252255), and proceeding northerly along
Unnamed 647149150 (TLID:144252255) to Unnamed
647149315 (TLID:144252209), and proceeding
northerly along Unnamed 647149315
(TLID:144252209) to Unnamed 647149318
(TLID:144252184), and proceeding westerly along
Unnamed 647149318 (TLID:144252184) to Unnamed
647149321 (TLID:144251875), and proceeding
westerly along Unnamed 647149321
(TLID:144251875) to Unnamed 647149319
(TLID:144251717), and proceeding westerly along
Unnamed 647149319 (TLID:144251717) to Unnamed
647149411 (TLID:144251578), and proceeding
northerly along Unnamed 647149411
(TLID:144251578) to Unnamed 647149414
(TLID:144251614), and proceeding northerly along
Unnamed 647149414 (TLID:144251614) to Unnamed
648084779 (TLID:144251620), and proceeding
northerly along Unnamed 648084779
(TLID:144251620) to Unnamed 648084778
(TLID:144251761), and proceeding northerly along
Unnamed 648084778 (TLID:144251761) to Unnamed
648084773 (TLID:144251859), and proceeding
westerly along Unnamed 648084773
(TLID:144251859) to Unnamed 614806133
(TLID:144251853), and proceeding westerly along
Unnamed 614806133 (TLID:144251853) to Unnamed
650414395 (TLID:144244684), and proceeding
westerly along Unnamed 650414395
(TLID:144244684) to Unnamed 650414396
Packet Page 94
34 San Bernardino - General Provisions
(TLID:144245559), and proceeding easterly along
Unnamed 650414396 (TLID:144245559) to the point
of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.070 SIXTH WARD.
The region bounded and described as follows:
(A) Beginning at the point of intersection of
Cajon Blvd and Unnamed 145000957
(TLID:144208699), and proceeding easterly along
Cajon Blvd to Unnamed 646968126
(TLID:144050130), and proceeding southerly along
Unnamed 646968126 (TLID:144050130) to Unnamed
646968130 (TLID:144050113), and proceeding
easterly along Unnamed 646968130
(TLID:144050113) to Cajon Blvd, and proceeding
southerly along Cajon Blvd to Unnamed 145219882
(TLID:144050054), and proceeding westerly along
Unnamed 145219882 (TLID:144050054) to Unnamed
649804597 (TLID:144049544), and proceeding
westerly along Unnamed 649804597
(TLID:144049544) to Unnamed 653206407
(TLID:144049422), and proceeding easterly along
Unnamed 653206407 (TLID:144049422) to Unnamed
646969291 (TLID:144049477), and proceeding
easterly along Unnamed 646969291
(TLID:144049477) to Unnamed 646969290
(TLID:144049468), and proceeding westerly along
Unnamed 646969290 (TLID:144049468) to Unnamed
144734884 (TLID:144049450), and proceeding
easterly along Unnamed 144734884
(TLID:144049450) to Unnamed 646969956
(TLID:144049529), and proceeding northerly along
Unnamed 646969956 (TLID:144049529) to Unnamed
646969958 (TLID:144049947), and proceeding
easterly along Unnamed 646969958
(TLID:144049947) to Unnamed 647988277
(TLID:144049938), and proceeding southerly along
Unnamed 647988277 (TLID:144049938) to Unnamed
646970877 (TLID:144049916), and proceeding
southerly along Unnamed 646970877
(TLID:144049916) to Unnamed 646970877
(TLID:144049910), and proceeding easterly along
Unnamed 646970877 (TLID:144049910) to Unnamed
646970827 (TLID:144049980), and proceeding
easterly along Unnamed 646970827
(TLID:144049980) to Unnamed 144734867
(TLID:144049990), and proceeding easterly along
Unnamed 144734867 (TLID:144049990) to Cajon
Blvd, and proceeding easterly along Cajon Blvd to
Unnamed 144734862 (TLID:144158079), and
proceeding southerly along Unnamed 144734862
(TLID:144158079) to Unnamed 144734859
(TLID:144050284), and proceeding southerly along
Unnamed 144734859 (TLID:144050284) to Unnamed
144734854 (TLID:144049342), and proceeding
southerly along Unnamed 144734854
(TLID:144049342) to Unnamed 144734851
(TLID:144156540), and proceeding southerly along
Unnamed 144734851 (TLID:144156540) to Unnamed
144734848 (TLID:144156881), and proceeding
easterly along Unnamed 144734848
(TLID:144156881) to Unnamed 144689227
(TLID:144156904), and proceeding easterly along
Unnamed 144689227 (TLID:144156904) to Cajon
Blvd, and proceeding southerly along Cajon Blvd to
Palm Ave, and proceeding easterly along Palm Ave to
Unnamed 646967168 (TLID:144157232), and
proceeding northerly along Unnamed 646967168
(TLID:144157232) to Unnamed 647990358
(TLID:144157244), and proceeding northerly along
Unnamed 647990358 (TLID:144157244) to Unnamed
616133408 (TLID:144157286), and proceeding
northerly along Unnamed 616133408
(TLID:144157286) to Unnamed 616133408
(TLID:144157883), and proceeding easterly along
Unnamed 616133408 (TLID:144157883) to Palm Ave,
and proceeding northerly along Palm Ave to I-215,
and proceeding easterly along I-215 to Unnamed
616137078 (TLID:144164517), and proceeding
westerly along Unnamed 616137078
(TLID:144164517) to I-215, and proceeding southerly
along I-215 to Foothill Fwy, and proceeding southerly
along Foothill Fwy to I-215, and proceeding southerly
along I-215 to Unnamed 619660624
(TLID:144147518), and proceeding southerly along
Packet Page 95
Boundaries of Wards 35
Unnamed 619660624 (TLID:144147518) to I-215, and
proceeding southerly along I-215 to W Base Line St,
and proceeding westerly along W Base Line St to N
Mount Vernon Ave, and proceeding southerly along N
Mount Vernon Ave to W 10th St, and proceeding
southerly along W 10th St to N Mount Vernon Ave,
and proceeding southerly along N Mount Vernon Ave
to W 9th St, and proceeding westerly along W 9th St
to Unnamed 614872080 (TLID:144127520), and
proceeding southerly along Unnamed 614872080
(TLID:144127520) to Unnamed 614872079
(TLID:144113946), and proceeding easterly along
Unnamed 614872079 (TLID:144113946) to Unnamed
614872079 (TLID:144113925), and proceeding
westerly along Unnamed 614872079
(TLID:144113925) to W Foothill Blvd, and
proceeding westerly along W Foothill Blvd to Lytle
Creek Chnnl, and proceeding southerly along Lytle
Creek Chnnl to Burlington Northern Santa Fe Rlwy,
and proceeding westerly along Burlington Northern
Santa Fe Rlwy to W Rialto Ave, and proceeding
westerly along W Rialto Ave to Unnamed 144645069
(TLID:144073187), and proceeding northerly along
Unnamed 144645069 (TLID:144073187) to Burlington
Northern Santa Fe Rlwy, and proceeding easterly
along Burlington Northern Santa Fe Rlwy to N Pepper
Ave, and proceeding northerly along N Pepper Ave to
W Foothill Blvd, and proceeding easterly along W
Foothill Blvd to Unnamed 633185396
(TLID:144074790), and proceeding northerly along
Unnamed 633185396 (TLID:144074790) to Unnamed
651715867 (TLID:144075319), and proceeding
northerly along Unnamed 651715867
(TLID:144075319) to Unnamed 144645029
(TLID:144074652), and proceeding westerly along
Unnamed 144645029 (TLID:144074652) to N
Eucalyptus Ave, and proceeding northerly along N
Eucalyptus Ave to Unnamed 644323406
(TLID:144074683), and proceeding easterly along
Unnamed 644323406 (TLID:144074683) to Unnamed
144965758 (TLID:144075208), and proceeding
easterly along Unnamed 144965758
(TLID:144075208) to W 6th St, and proceeding
easterly along W 6th St to N Pepper Ave, and
proceeding northerly along N Pepper Ave to Unnamed
650715800 (TLID:144092594), and proceeding
easterly along Unnamed 650715800
(TLID:144092594) to N Meridian Ave, and
proceeding southerly along N Meridian Ave to
Unnamed 651429062 (TLID:144096104), and
proceeding easterly along Unnamed 651429062
(TLID:144096104) to Unnamed 651429065
(TLID:144096863), and proceeding easterly along
Unnamed 651429065 (TLID:144096863) to Unnamed
651429068 (TLID:144096950), and proceeding
easterly along Unnamed 651429068
(TLID:144096950) to N Terrace Rd, and proceeding
northerly along N Terrace Rd to Unnamed 650716008
(TLID:144097579), and proceeding northerly along
Unnamed 650716008 (TLID:144097579) to E Base
Line Rd, and proceeding westerly along E Base Line
Rd to Unnamed 651440519 (TLID:144097475), and
proceeding northerly along Unnamed 651440519
(TLID:144097475) to Unnamed 651440462
(TLID:144097532), and proceeding northerly along
Unnamed 651440462 (TLID:144097532) to N Martin
Rd, and proceeding northerly along N Martin Rd to
Unnamed 645279350 (TLID:144094964), and
proceeding northerly along Unnamed 645279350
(TLID:144094964) to Unnamed 651718434
(TLID:144097702), and proceeding northerly along
Unnamed 651718434 (TLID:144097702) to Unnamed
651441595 (TLID:144099017), and proceeding
northerly along Unnamed 651441595
(TLID:144099017) to Unnamed 145000959
(TLID:144099077), and proceeding northerly along
Unnamed 145000959 (TLID:144099077) to Unnamed
636142382 (TLID:144099105), and proceeding
northerly along Unnamed 636142382
(TLID:144099105) to Unnamed 651441385
(TLID:144099120), and proceeding northerly along
Unnamed 651441385 (TLID:144099120) to Unnamed
651441356 (TLID:144099135), and proceeding
northerly along Unnamed 651441356
(TLID:144099135) to W Highland Ave, and
proceeding easterly along W Highland Ave to
Unnamed 647000892 (TLID:144099850), and
proceeding northerly along Unnamed 647000892
(TLID:144099850) to Unnamed 647000885
(TLID:144100209), and proceeding northerly along
Packet Page 96
36 San Bernardino - General Provisions
Unnamed 647000885 (TLID:144100209) to Unnamed
647000824 (TLID:144100215), and proceeding
northerly along Unnamed 647000824
(TLID:144100215) to Unnamed 647000821
(TLID:144100546), and proceeding northerly along
Unnamed 647000821 (TLID:144100546) to Unnamed
144684723 (TLID:144100621), and proceeding
northerly along Unnamed 144684723
(TLID:144100621) to Mallory St, and proceeding
easterly along Mallory St to Unnamed 144651556
(TLID:144100648), and proceeding easterly along
Unnamed 144651556 (TLID:144100648) to Unnamed
647003905 (TLID:144100710), and proceeding
easterly along Unnamed 647003905
(TLID:144100710) to Jennifer Ln, and proceeding
southerly along Jennifer Ln to Unnamed 647003915
(TLID:144130694), and proceeding southerly along
Unnamed 647003915 (TLID:144130694) to Unnamed
144651583 (TLID:144130703), and proceeding
easterly along Unnamed 144651583
(TLID:144130703) to N Macy St, and proceeding
southerly along N Macy St to Adams St, and
proceeding easterly along Adams St to Unnamed
144651697 (TLID:144131306), and proceeding
easterly along Unnamed 144651697
(TLID:144131306) to N State St, and proceeding
southerly along N State St to W Highland Ave, and
proceeding easterly along W Highland Ave to N
California St, and proceeding northerly along N
California St to W Porter St, and proceeding westerly
along W Porter St to Unnamed 144994461
(TLID:144134312), and proceeding northerly along
Unnamed 144994461 (TLID:144134312) to Mallory
St, and proceeding easterly along Mallory St to
Unnamed 647991237 (TLID:144172485), and
proceeding northerly along Unnamed 647991237
(TLID:144172485) to Unnamed 647004267
(TLID:144172524), and proceeding easterly along
Unnamed 647004267 (TLID:144172524) to N
California St, and proceeding northerly along N
California St to Unnamed 144651243
(TLID:144173409), and proceeding northerly along
Unnamed 144651243 (TLID:144173409) to Unnamed
648092548 (TLID:144173393), and proceeding
northerly along Unnamed 648092548
(TLID:144173393) to Unnamed 653220056
(TLID:144174011), and proceeding northerly along
Unnamed 653220056 (TLID:144174011) to Burlington
Northern Santa Fe Rlwy, and proceeding northerly
along Burlington Northern Santa Fe Rlwy to Unnamed
144649647 (TLID:144156178), and proceeding
southerly along Unnamed 144649647
(TLID:144156178) to June St, and proceeding
westerly along June St to June Pl, and proceeding
westerly along June Pl to San Benito Ave, and
proceeding northerly along San Benito Ave to
Unnamed 646991146 (TLID:144154938), and
proceeding westerly along Unnamed 646991146
(TLID:144154938) to Unnamed 647987575
(TLID:144154916), and proceeding westerly along
Unnamed 647987575 (TLID:144154916) to Unnamed
144689372 (TLID:144153719), and proceeding
westerly along Unnamed 144689372
(TLID:144153719) to Unnamed 144689371
(TLID:144153651), and proceeding westerly along
Unnamed 144689371 (TLID:144153651) to Unnamed
647990352 (TLID:144153523), and proceeding
southerly along Unnamed 647990352
(TLID:144153523) to Unnamed 647989661
(TLID:144152954), and proceeding westerly along
Unnamed 647989661 (TLID:144152954) to Unnamed
646974591 (TLID:144152866), and proceeding
westerly along Unnamed 646974591
(TLID:144152866) to Unnamed 647987625
(TLID:144153835), and proceeding northerly along
Unnamed 647987625 (TLID:144153835) to Cajon
Blvd, and proceeding northerly along Cajon Blvd to
Unnamed 144688372 (TLID:144153983), and
proceeding westerly along Unnamed 144688372
(TLID:144153983) to Unnamed 144979241
(TLID:144151590), and proceeding westerly along
Unnamed 144979241 (TLID:144151590) to Unnamed
144979240 (TLID:144151523), and proceeding
westerly along Unnamed 144979240
(TLID:144151523) to Burlington Northern Santa Fe
Rlwy, and proceeding southerly along Burlington
Northern Santa Fe Rlwy to Unnamed 646974346
(TLID:144151325), and proceeding westerly along
Unnamed 646974346 (TLID:144151325) to Unnamed
647992210 (TLID:144151279), and proceeding
Packet Page 97
Boundaries of Wards 37
southerly along Unnamed 647992210
(TLID:144151279) to Unnamed 653220049
(TLID:144150830), and proceeding northerly along
Unnamed 653220049 (TLID:144150830) to Unnamed
646973742 (TLID:144150820), and proceeding
northerly along Unnamed 646973742
(TLID:144150820) to Unnamed 646973648
(TLID:144150862), and proceeding northerly along
Unnamed 646973648 (TLID:144150862) to Unnamed
646973642 (TLID:144150810), and proceeding
westerly al ong Unnamed 646973642
(TLID:144150810) to Unnamed 144734920
(TLID:144150800), and proceeding westerly along
Unnamed 144734920 (TLID:144150800) to Unnamed
646971797 (TLID:144046747), and proceeding
westerly along Unnamed 646971797
(TLID:144046747) to Unnamed 653220036
(TLID:144049221), and proceeding northerly along
Unnamed 653220036 (TLID:144049221) to Unnamed
649808942 (TLID:144049234), and proceeding
northerly along Unnamed 649808942
(TLID:144049234) to Unnamed 646971092
(TLID:144049371), and proceeding northerly along
Unnamed 646971092 (TLID:144049371) to Unnamed
646967946 (TLID:144048669), and proceeding
northerly along Unnamed 646967946
(TLID:144048669) to Unnamed 646967810
(TLID:144048652), and proceeding northerly along
Unnamed 646967810 (TLID:144048652) to Unnamed
646967807 (TLID:144208548), and proceeding
northerly along Unnamed 646967807
(TLID:144208548) to Unnamed 646967628
(TLID:144208567), and proceeding northerly along
Unnamed 646967628 (TLID:144208567) to Unnamed
646967629 (TLID:144208579), and proceeding
northerly along Unnamed 646967629
(TLID:144208579) to Unnamed 646967626
(TLID:144208560), and proceeding northerly along
Unnamed 646967626 (TLID:144208560) to Unnamed
646967623 (TLID:144208619), and proceeding
northerly along Unnamed 646967623
(TLID:144208619) to Unnamed 644267485
(TLID:144208690), and proceeding northerly along
Unnamed 644267485 (TLID:144208690) to Unnamed
145000957 (TLID:144208699), and proceeding
northerly along Unnamed 145000957
(TLID:144208699) to the point of beginning;
(B) As well as beginning at the point of
intersection of Unnamed 653160124
(TLID:144198292) and Unnamed 646962861
(TLID:99474419), and proceeding southerly along
Unnamed 653160124 (TLID:144198292) to Unnamed
647990945 (TLID:144198270), and proceeding
westerly along Unnamed 647990945
(TLID:144198270) to Unnamed 646962906
(TLID:144198283), and proceeding northerly along
Unnamed 646962906 (TLID:144198283) to Unnamed
646962861 (TLID:99474419), and proceeding
northerly along Unnamed 646962861
(TLID:99474419) to the point of beginning; and
(C) As well as beginning at the point of
intersection of Unnamed 646963192
(TLID:144202536) and Unnamed 646963189
(TLID:144198860), and proceeding southerly along
Unnamed 646963192 (TLID:144202536) to Unnamed
646963190 (TLID:144202511), and proceeding
westerly along Unnamed 646963190
(TLID:144202511) to Unnamed 650709814
(TLID:144202517), and proceeding westerly along
Unnamed 650709814 (TLID:144202517) to Unnamed
650709810 (TLID:144198844), and proceeding
westerly al ong Unnamed 650709810
(TLID:144198844) to Unnamed 650709798
(TLID:144198469), and proceeding northerly along
Unnamed 650709798 (TLID:144198469) to Unnamed
646963189 (TLID:144198860), and proceeding
northerly along Unnamed 646963189
(TLID:144198860) to the point of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
§ 1.16.080 SEVENTH WARD.
Seventh District: the region bounded and
described as follows: beginning at the point of
intersection of Harrison St N and E 40th St, and
proceeding southerly along Harrison St N to del Norte
Packet Page 98
38 San Bernardino - General Provisions
Dr, and proceeding easterly along del Norte Dr to
Unnamed 647128853 (TLID:144413985), and
proceeding westerly along Unnamed 647128853
(TLID:144413985) to Harrison St N, and proceeding
southerly along Harrison St N to E Lynwood Dr, and
proceeding easterly along E Lynwood Dr to N del
Rosa Ave, and proceeding southerly along N del Rosa
Ave to Unnamed 144656063 (TLID:144424746), and
proceeding easterly along Unnamed 144656063
(TLID:144424746) to N Ironwood St, and proceeding
northerly along N Ironwood St to E Lynwood Dr, and
proceeding easterly along E Lynwood Dr to Merito
Ave, and proceeding easterly along Merito Ave to E
Lynwood Dr, and proceeding easterly along E
Lynwood Dr to N Sterling Ave, and proceeding
southerly along N Sterling Ave to E Citrus St, and
proceeding easterly along E Citrus St to Unnamed
144992621 (TLID:144448323), and proceeding
southerly along Unnamed 144992621
(TLID:144448323) to N Sterling Ave, and proceeding
southerly along N Sterling Ave to Date St E, and
proceeding westerly along Date St E to Unnamed
647110707 (TLID:144376007), and proceeding
northerly along Unnamed 647110707
(TLID:144376007) to Unnamed 648269766
(TLID:144376070), and proceeding northerly along
Unnamed 648269766 (TLID:144376070) to Unnamed
648269767 (TLID:144376037), and proceeding
westerly along Unnamed 648269767
(TLID:144376037) to Unnamed 647110766
(TLID:144375225), and proceeding southerly along
Unnamed 647110766 (TLID:144375225) to Unnamed
647110785 (TLID:144375169), and proceeding
southerly along Unnamed 647110785
(TLID:144375169) to Foothill Fwy, and proceeding
southerly along Foothill Fwy to N del Rosa Ave, and
proceeding southerly along N del Rosa Ave to E
Highland Ave, and proceeding westerly along E
Highland Ave to Windsor Dr, and proceeding westerly
along Windsor Dr to E Highland Ave, and proceeding
westerly along E Highland Ave to W Highland Ave,
and proceeding westerly along W Highland Ave to N
D St, and proceeding westerly along ND St to W
Highland Ave, and proceeding westerly along W
Highland Ave to N Muscupiahe Dr, and proceeding
northerly along N Muscupiahe Dr to W Colima Rd,
and proceeding easterly along W Colima Rd to N
Muscupiabe Dr, and proceeding northerly along N
Muscupiahe Dr to Foothill Fwy, and proceeding
easterly along Foothill Fwy to N H St, and proceeding
northerly along N H St to W Edgehill Rd, and
proceeding easterly along W Edgehill Rd to W 34th
St, and proceeding easterly along W 34th St to N E St,
and proceeding northerly along N E St to W Kendall
Dr, and proceeding northerly along W Kendall Dr to
N Arrowhead Ave, and proceeding easterly along N
Arrowhead Ave to Unnamed 145230876
(TLID:144391132), and proceeding easterly along
Unnamed 145230876 (TLID:144391132) to N
Arrowhead Ave, and proceeding easterly along N
Arrowhead Ave to W Thompson Pl, and proceeding
easterly along W Thompson Pl to N Mountain View
Ave, and proceeding easterly along N Mountain View
Ave to N Electric Ave, and proceeding northerly along
N Electric Ave to W 40th St, and proceeding easterly
along W 40th St to E 40th St, and proceeding easterly
along E 40th St to the point of beginning.
(Ord. MC-1376, passed 9-4-2012; Ord. MC-1567,
passed 12-15-2021)
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CHAPTER 1.20: WORKING OF PROBATIONERS ON PUBLIC PROPERTY Section
1.20.010 Compulsion to perform labor
when
1.20.020 Probationer engaged under this
chapter not deemed city
employee
§ 1.20.010 COMPULSION TO PERFORM
LABOR WHEN.
In accordance with the provisions of Cal. Penal
Code, § 1203.1 and Cal. Gov’t Code, § 25359, any or
all persons granted summary probation may be
compelled to perform labor under the direction of the
Director of the City Parks and Recreation Department,
or such other person as the court may direct, on the
public works or ways, public grounds, roads, streets,
alleys, highways, firebreaks, fire roads, riding or
hiking trails, public buildings or in such other places in the city as deemed advisable for the benefit of the
public; provided, however, that no probationer shall
be compelled to perform labor who may be physically
unable to do so or whose safekeeping may be
endangered thereby.
(Ord. 3330, passed 2-16-1973)
§ 1.20.020 PROBATIONER ENGAGED UNDER
THIS CHAPTER NOT DEEMED CITY
EMPLOYEE.
No probationer engaged in the performance of
labor pursuant to the provisions of this chapter shall be considered an employee of, or to be employed by, the
city or any department thereof. Furthermore, no such
person shall come within any of the provisions of the
Workers’ Compensation Insurance and Safety Act of
1970 (Cal. Labor Code, Divisions 4 and 5) or be
entitled to any benefits thereunder whether on behalf
of himself or herself or any other person.
(Ord. 3330, passed 2-16-1973)
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CHAPTER 1.24: DESIGNATION OF OLD CITY
Section
1.24.010 Reference to plat
§ 1.24.010 REFERENCE TO PLAT.
The portion of the city designated “City of San
Bernardino” on the plat thereof, recorded in Book 7 of
Maps, Page 1, of the records in the County Recorder’s
office, is designated as “Old City,” and in all
proceedings of the Mayor and CommonCity Council,
in any or all documents made or executed by any
officer of the city, such portion of the city may be
designated as “Old City” and, when designated, shall
be deemed to mean that portion of the city shown on
said map.
(Ord. 821, passed 8-9-1921)
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CHAPTER 1.26: TIME LIMITATIONS FOR ADMINISTRATIVE MANDAMUS PROCEEDINGS Section
1.26.010 Adoption of time limits of
Section 1094.6 of the Code of
Civil Procedure
1.26.020 Definition of decision
1.26.030 Preparation and payment for
record and reporter’s transcript
1.26.040 Notice of time limits
§ 1.26.010 ADOPTION OF TIME LIMITS OF
SECTION 1094.6 OF THE CODE OF CIVIL
PROCEDURE.
(A) Any judicial action taken to review, set
aside, annul or vacate any decision, finding or action
taken by the Mayor and CommonCity Council or of
any commission, board, officer or agent of the city
shall be filed within the time limits prescribed in Cal.
Code of Civil Procedure, § 1094.6. For abatement of
dangerous buildings pursuant to the provisions of
Chapter 15.28, a 30-day time limitation within which
a judicial action to review, set aside, annul or vacate any decision, finding or action taken by the Mayor and
CommonCity Council is imposed, due to the urgency
of relief required for the public health and safety.
(B) If any sentence, clause or phrase of this
section is for any reason held to be invalid or
unconstitutional, such decision shall not affect the
validity of the remaining portion of this section.
(Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed
10-25-1982; Ord. MC-410, passed 9-18-1984)
§ 1.26.020 DEFINITION OF DECISION.
As used in this chapter, DECISION includes, but
is not limited to, an adjudicatory administrative
decision made after a hearing suspending, demoting or
dismissing an officer or employee, revoking or
denying an application for a permit or a license; or
denying an application for any retirement benefit or
allowance.
(Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed
10-25-1982)
§ 1.26.030 PREPARATION AND PAYMENT
FOR RECORD AND REPORTER’S
TRANSCRIPT.
Upon the filing of a written request for the record
of the proceedings or any portion thereof, an amount
estimated to cover the actual cost of preparing the
record shall be deposited in advance with the city
official preparing the record. The record prepared by
the city official shall include the transcript of the
proceedings, other than a reporter’s transcript; all
pleadings, notices, orders, final decision, exhibits
admitted or rejected; all written evidence; and any
other papers in the case. When a hearing has been
reported by a court reporter and the petitioner desires a reporter’s transcript, the petitioner shall arrange
directly with the court reporter for the transcript, pay the reporter directly and lodge the transcript with the court, serving notice of the lodging to the City
Attorney.
(Ord. MC-216, passed 10-25-1982)
§ 1.26.040 NOTICE OF TIME LIMITS.
Upon rendition of any adjudicatory administrative
decision by the city, notice shall be provided to the
parties that the time within which judicial review must be sought is governed by the provisions of the Cal.
Code of Civil Procedure, § 1094.6.
(Ord. MC-216, passed 10-25-1982)
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CHAPTER 1.28: ADMINISTRATIVE AND LEGISLATIVE INTERPRETATION AND
PRACTICE - CHARTERRESERVED
Section[Reserved]
1.28.010 Administrative and legislative
practice - Charter interpretation
1.28.020 Police and fire salaries
1.28.030 Setting of salaries and fringe
benefits for public safety
employees
§ 1.28.010 ADMINISTRATIVE AND
LEGISLATIVE PRACTICE - CHARTER
INTERPRETATION.
The Mayor and CommonCity Council find and
determine that various provisions of the Charter of the city have been administratively and legislatively
interpreted and implemented by practice over a period
of time and that such provisions have acquired a
meaning upon which the local government, the public,
taxpayers and affected employees have relied. This
chapter is a declaration of existing law and practice
and not an amendment or change therein.
(Ord. MC-338, passed 1-25-1984)
§ 1.28.020 POLICE AND FIRE SALARIES.
Charter, § 186 Second, Article X, since its
amendment in 1976, by administrative and legislative
practice has consistently been interpreted in a manner
that the phrase 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 the state, as used to
determine the monthly salaries of local safety members
of the city police and fire departments by arithmetic
averaging, refers to those monthly salaries set by
resolution or motion of the legislative bodies of such
ten cities setting forth salary plans consisting of money to be paid at various ranges and steps within the ranges for each position and which amounts the cities report
to the United States Internal Revenue Service and the
State Franchise Tax Board as wages or income. Any
other compensation or remuneration paid or approved
for payment to local safety members in such cities,
regardless of how calculated, when paid or in what
form, or however denominated, have not been
included within “monthly salaries” as that phrase is
used in Charter, § 186 and are not “monthly salaries”
within the meaning of Charter, § 186. All such other
forms of compensation or remuneration are fringe
benefits which have been negotiated in good faith meet
and confer sessions.
(Ord. MC-338, passed 1-25-1984)
§ 1.28.030 SETTING OF SALARIES AND
FRINGE BENEFITS FOR PUBLIC SAFETY
EMPLOYEES.
Salaries, as interpreted and defined in § 1.28.020,
of police and fire local safety employees are and shall be determined in accordance with the procedure set
forth in the Charter, § 186. Fringe benefits are not
limited by or included within the scope of § 186 and
are and shall be determined in good faith negotiations
pursuant to the employer-employee relations
resolutions implementing the Meyers-Milias-Brown
Act.
(Ord. MC-338, passed 1-25-1984)
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TITLE 2: ADMINISTRATION AND PERSONNEL
Chapter
2.01. MAYOR PRO TEMPORE
2.02. CITY MANAGER
2.03. VACANCIES
2.04. PERSONNEL SYSTEM
2.06. PURCHASING AGENT
2.08. CITY TREASURER
2.10. DEPARTMENT OF FINANCE AND MANAGEMENT
SERVICES
2.12. FIRE DEPARTMENT
2.14. DEPARTMENT OF PUBLIC WORKS
2.15. DEPARTMENT OF COMMUNITY DEVELOPMENT AND
HOUSING
2.16. DEVELOPMENT SERVICES DEPARTMENT
2.17. BOARDS, BUREAUS AND COMMISSIONS - GENERAL
2.18. PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
2.19. ELECTED OFFICIAL COMPENSATION ADVISORY
COMMISSION
2.20. SPECIAL COUNSEL SERVICES
2.22. PLANNING COMMISSION
2.23. HISTORICAL PRESERVATION COMMISSION
2.24. CENTRAL CITY PARKING PLACE COMMISSION
2.26. ANIMAL CONTROL COMMISSION
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2.27. LIBRARY BOARD
2.28. BOARD OF WATER COMMISSIONERS
2.30. FINE ARTS COMMISSION
2.31. RELOCATION APPEALS BOARD
2.32. BOARD OF FIRE COMMISSIONERS
2.34. BOARD OF POLICE COMMISSIONERS
2.36. PEACE OFFICER STANDARDS AND TRAINING
2.38. POLICE RESERVE
2.39. HUMAN RELATIONS COMMISSION
2.40. COMMUNITY DEVELOPMENT COMMISSION
2.41. MAIN STREET ADVISORY BOARD
2.42. COMMUNITY TELEVISION COMMISSION
2.43. BUREAU OF FRANCHISES
2.44. CEMETERY COMMISSION
2.45. BUILDING APPEALS BOARD
2.46. DISASTER COUNCIL
2.47. CENTRAL CITY ADVISORY BOARD
2.48. STATE EMPLOYEES’ RETIREMENT SYSTEM
2.49. SENIOR AFFAIRS COMMISSION
2.50. PERSONNEL COMMISSION
2.52. CITY HALL
2.54. HOLIDAYS
2.55. LOCAL CAMPAIGN FINANCE REGULATIONS
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3 2.56. ELECTIONS
2.57. ONLINE OR ELECTRONIC FILING OF FAIR
POLITICAL PRACTICES COMMISSION FORMS
2.58. MEETINGS
2.60. DISCLOSURE OF FINANCIAL INTERESTS
2.62. FILING OF OFFICIAL BONDS
2.64. APPEALS TO COMMONCITY COUNCIL
2.65. SALE OF REAL PROPERTY
2.66. CONTRACT OF INDEMNITY
2.68. VACANCIES IN OFFICE
2.70. SALE OF UNCLAIMED PROPERTY
2.72. DEMANDS AGAINST CITY; PAYMENT
2.73. COLLECTION OF DEBTS
2.74. FINANCIAL INTERESTS OF APPOINTED CITY
COMMITTEE MEMBERS
2.75. USE OF CITY’S CATV FACILITIES
2.76. COUNCIL COMMITTEES
2.77. FACILITIES MANAGEMENT DEPARTMENT
2.78. CODE COMPLIANCE DEPARTMENT
2.79. INFORMATION TECHNOLOGY DEPARTMENT
2.80. ANIMAL CONTROL DEPARTMENT
2.81. POLICE DEPARTMENT
2.82. MAYOR AND CITY COUNCIL COMPENSATION
2.83. DEPARTMENT OF ECONOMIC DEVELOPMENT
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CHAPTER 2.01: MAYOR PRO TEMPORE
Section
2.01.010 Mayor Pro Tempore
§ 2.01.010 MAYOR PRO TEMPORE.
(A) City Charter, § 302 identifies the position of
mayor pro tempore. At the first regularly scheduled
meeting of the City Council following the effective
date of the ordinance incorporated in this chapter, the City Council shall elect a Council member to serve as
Mayor Pro Tempore. At the second regularly
scheduled meeting of the City Council in December of
each year, the City Council shall elect a Council
member to serve as Mayor Pro Tempore.
(B) If the Mayor Pro Tempore is absent or
otherwise unavailable to serve in such capacity, the
Council member present in the city with the most
consecutive days of service as a member of the City
Council shall serve as the Mayor Pro Tempore for that
period of absence or unavailability only. “Consecutive
days of service” shall be calculated by counting
backward in time starting from the day on which the
calculation is being made.
(C) In the event that there are two or more
Council members with the exact same number of
consecutive days of service as a member of the City
Council, the temporary filling of the position of Mayor Pro Tempore shall be determined by lot, pursuant to
the general procedure established in the Cal. Elections Code, § 15651, specifically by flipping a coin in the
case of two members with the exact same number of
consecutive days of service as a member of the City
Council, or the drawing of straws in the case of three
or more members with the exact same number of
consecutive days of service as a member of the City
Council. The City Clerk shall be responsible for
conducting the coin toss or conducting the drawing of
straws whenever either event is required by this
section.
(D) The Council Member holding the position of
Mayor Pro Tempore shall continue to hold said
position until his or her successor is elected by the
City Council or until said Council member is no
longer a member of the City Council, whichever
occurs first.
(E) Pursuant to City Charter, § 302, in the
absence of the Mayor from any Council meeting, the
Mayor Pro Tempore shall preside over that Council
meeting.
(F) In addition, at all other times that the Mayor
is 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 City Council action, but may continue to
exercise his or her vote as a Council member.
(Ord. MC-1267, passed 4-8-2008; Ord. MC-1289,
passed 11-4-2008; Ord. MC-1441, passed 4-3-2017)
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CHAPTER 2.02: CITY MANAGER
Section
2.02.010 Position created
2.02.020 Selection and appointment
2.02.030 Discharge
2.02.040 Salary and benefits
2.02.050 Assistants
2.02.060 Duties of the City Manager
2.02.070 Authority to file and prosecute
small claims
2.02.080 Mayor and Council’s authority
over the City Manager and other
city employees
2.02.090 Accountability and expectations
2.02.100 Reserved
§ 2.02.010 POSITION CREATED.
There is created the position of City Manager as
required by Article IV of the City Charter. Any and all references to the administrative officer or City
Administrator in any ordinances, resolutions and
documents of the city shall refer to and mean the City
Manager.
(Ord. 2397, passed 11-21-1961; Ord. 2836, passed
8-15-1967; Ord. MC-839, passed 6-11-1992; Ord.
MC-1440, passed 4-3-2017)
§ 2.02.020 SELECTION AND APPOINTMENT.
The City Manager shall have the qualifications
and shall be chosen in accordance with Article IV,
§ 400 of the City Charter by at least five affirmative
votes of the Council and Mayor. The City Manager
shall devote his or her entire time to the duties of his or her office and shall not engage in any other business or occupation.
(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed
6-11-1992; Ord. MC-1440, passed 4-3-2017)
§ 2.02.030 DISCHARGE.
The City Manager may be discharged by at least
five affirmative votes of the Council and Mayor as
provided in Article IV, § 400 of the City Charter.
(Ord. 2397, passed 11-21-1961; Ord. 3120, passed
11-10-1970; Ord. MC-839, passed 6-11-1992; Ord.
MC-1226, passed 6-7-2006; Ord. MC-1440, passed
4-3-2017)
§ 2.02.040 SALARY AND BENEFITS.
The salary of the City Manager shall be fixed by
the Mayor and City Council and it shall be paid in the
same manner and at the same time as the salaries of
other city employees. He or she is granted and is
entitled to all of the benefits conferred upon city
employees relating to sick leave, vacation leave,
holidays, medical insurance, workers’ compensation
and travel expense, and by the public employees’
retirement system, and any other salary and/or benefits that may be provided by resolution or pursuant to an
employment agreement between the city and the City
Manager.
(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed
6-11-1992; Ord. MC-1440, passed 4-3-2017)
§ 2.02.050 ASSISTANTS.
The Mayor and City Council shall create and
maintain positions within the city’s authorized
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classification and salary list for an assistant city
manager and department heads for each of the city’s
authorized departments. In order to assist the City
Manager in the performance of his or her duties, the
City Manager may assign the performance of any of
the duties prescribed in this chapter to his or her
assistants or department heads. The City Manager may
appoint an assistant city manager.
(Ord. 2397, passed 11-21-1961; Ord. 3286, passed
8-24-1972; Ord. MC-839, passed 6-11-1992; Ord.
MC-1440, passed 4-3-2017)
§ 2.02.060 DUTIES OF THE CITY MANAGER.
(A) The City Manager shall perform the duties
set out in Article IV, § 401 of the City Charter, and
such other duties as may be assigned to him or her by
duly adopted ordinance.
(B) In addition to the authority and duties
outlined in Article IV, § 401 of the City Charter, the
City Manager shall:
(1) Determine the items and order of such
items on the City Council’s meeting agendas, subject
to direction from the Mayor and City Council. The
City Manager shall include any agenda item requested
by the presiding officer of the City Council for
discussion and further direction from a majority of the City Council;
(2) Confer regularly with the City Attorney
on legal issues; immediately notify the City Attorney
of any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney; and
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 the authority to issue orders to the City Manager, or any of his or 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;
(3) Sign all contracts, deeds and other
documents on behalf of the city when authorized to do
so by the Mayor and City Council;
(4) See that all franchises, permits and
privileges granted by the city, and the provisions of all contracts to which the city is a party, are faithfully
observed;
(5) Consolidate or combine duties, offices,
positions, departments or units under his or her
direction, after informing and seeking input from the
Mayor and City Council within the limits established
by the City Charter, this code or the annual budget;
provided, however, that nothing herein contained shall
be construed to supersede the authority of the
Personnel Commission in the matter of disciplinary
appeals;
(6) Control, order and give directions to all
heads of departments and to subordinate officers and
employees of the city under his or her jurisdiction
through their department heads;
(7) Investigate as necessary all complaints
and other matters concerning the administration of the
city government. However, as to any complaint or
other matter concerning the administration of the City
Manager’s office, it shall be referred to outside
independent legal counsel for investigation;
(8) Close or restrict access to any and all
public property owned or controlled by the city during
the pendency of any construction, repair, remedial,
maintenance or modification work on public property
upon reasonable notice to the public posted at or near
the site of the proposed work;
(9) Exercise general supervision over all
public buildings, public parks and other public
property which are under the control and jurisdiction
of the City Council and not specifically delegated to a particular board or officer;
(10) Designate city officers or employees of
the city to exercise the powers authorized by the Cal.
Penal Code, § 836.5(a), including the issuance of
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citations for violations of the provisions of the city’s municipal code, pursuant to the Cal. Penal Code,
§§ 853.5 and 853.6. He or she is also responsible for
general policy supervision of the public safety
functions and primary liaison between these
departments and the City Council;
(11) Ensure the preparation, posting and
publication of City Council meeting agendas and of
other commission and committee agendas in
compliance with the law, as well as maintenance of the
books and records of the city;
(12) Ensure that no expenditures shall be
submitted or recommended to the City Council except
on approval of the City Manager, or his or her
authorized representative. The City Manager, or his or
her authorized representative, shall purchase or cause
to be purchased all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04 of this code, and
within the spending limits imposed by the City Council
by resolution or as authorized by the City Council;
(13) Make such administrative rules and
regulations as the City Manager deems necessary for
the orderly administration of the various departments
of the city; and
(14) Ensure that no expenditures shall be
submitted or recommended to the City Council except
on approval of the City Manager, or his or her
authorized representative. The City Manager, or his or
her authorized representative, shall purchase, or cause to be purchased, all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04, and within the
spending limits imposed by the City Council by
resolution or as authorized by the City Council.
(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed
6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord.
MC-1516, passed 5-1-2019)
§ 2.02.070 AUTHORITY TO FILE AND
PROSECUTE SMALL CLAIMS.
The City Manager, or his or her designated
representative, is authorized to file and prosecute
actions on behalf of the city in the small claims courts of the state. The City Manager, or his or her
designated representative, is authorized to reduce the
claim of the city by an amount not in excess of the
jurisdictional maximum amount of a small claims
court.
(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed
6-11-1992; Ord. MC-1440, passed 4-3-2017)
§ 2.02.080 MAYOR AND COUNCIL’S
AUTHORITY OVER THE CITY MANAGER
AND OTHER CITY EMPLOYEES.
(A) In accordance with the City Charter,
§ 306(d), 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.
(B) The City Manager shall not unreasonably
restrict the ability of the Mayor or any Council
member to make inquiries directly to officers and
employees under the supervision of the City Manager.
In accordance with the City Charter, § 401(d), the
City Manager shall ensure that the Mayor and Council
members are fully informed on all aspects of important
emerging issues, and shall provide timely and
complete responses to inquiries from the Mayor or
Council members. The City Manager shall not
withhold relevant and material information from the
Mayor or Council members.
(Ord. 2397, passed 11-21-1961; Ord. MC-839, passed
6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord.
MC-1516, passed 5-1-2019)
§ 2.02.090 ACCOUNTABILITY AND
EXPECTATIONS.
In order to most effectively ensure that the
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council-manager form of government works properly,
the Mayor and City Council will jointly develop clear
expectations of the City Manager and hold him or her
accountable by conducting performance evaluations at
least once a year.
(Ord. 821, passed 8-9-1921; Ord. 3883, passed
11-20-1979; Ord. MC-839, passed 6-11-1992; Ord.
MC-1440, passed 4-3-2017)
§ 2.02.100 RESERVED.
[Reserved]
(Repealed by Ord. MC-1440, passed 4-3-2017)
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CHAPTER 2.03: VACANCIES
Section
2.03.010 Vacancies
§ 2.03.010 VACANCIES.
(A) A vacancy on the City 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
successor Council member must be eligible to hold the
office in accordance with the City Charter, § 301. The
election shall be held at the time established by the
Mayor and City Council and shall be conducted in the
manner provided for by general law; provided that the
Mayor and City Council shall have power, by
ordinance, to provide for the manner of holding such
election and such ordinance shall prevail over the
general law.
(B) A vacancy in the office of Mayor, from
whatever cause arising, shall be filled for the
unexpired term thereof through the election of a
successor Mayor by the qualified electors of the city.
Such successor Mayor must be eligible to hold the
office in accordance with the City Charter, § 301. The
election shall be held at the time established by the
Mayor and City Council and shall be conducted in the
manner provided for by general law; provided that the
Mayor and City Council shall have the power by
ordinance to provide for the manner of holding such
election and such ordinance shall prevail over the
general law. The successor elected shall hold the office for the unexpired term. Prior to filling the vacancy of the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the
authority to exercise any veto or vetoes.
(C) Notwithstanding Cal. Elections Code,
§§ 4000 and 4004 or any similar law, the City Council
may, by resolution, order that any election to fill such vacancy be conducted wholly by all-mail ballot on any
established mailed ballot election date provided under
the Elections Code.
(Ord. MC-1508, passed 10-17-2018; Ord. MC-1509,
passed 11-21-2018; Ord. MC-1510, passed
12-19-2018; Ord. MC-1512, passed 1-10-2019)
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CHAPTER 2.04: PERSONNEL SYSTEM
Section
2.04.010 Personnel system established
2.04.020 Classified service
2.04.030 Unclassified service
2.04.040 Reserved
2.04.050 Reserved
Editor’s note:
This chapter was repealed and replaced by
Ord. MC-1475, passed 3-7-2018.
§ 2.04.010 PERSONNEL SYSTEM
ESTABLISHED.
A personnel system is established for the
selection, employment, advancement, discipline and
compensation of all appointive officers and employees.
This system shall be implemented under conditions of
competitive merit, political neutrality and equal
opportunity, pursuant to this code, rules adopted by
resolution of the City Council and such subordinate
rules as are not in conflict therewith which may be
adopted by the appointing authority, or its designee.
Except as otherwise provided in the City Charter or in
this municipal code, the personnel system shall be
administered by the Department of Human Resources
and Risk Management. The City Council shall have
the power to establish classifications and pay ranges
for all employees of the city, including those in the
City Municipal Water Department and the library.
(Ord. 2481, passed 1-29-1963; Ord. MC-198, passed
8-11-1982; Ord. MC-1027, passed 9-9-1998; Ord.
MC-1475, passed 3-7-2018; Ord. MC-1625, passed
2-21-2024)
§ 2.04.020 CLASSIFIED SERVICE.
Classified service includes all regular full-time
employees not specifically included in the unclassified service within the city’s municipal code. All city
employees in the classified service, including those in the City Municipal Water Department and the library,
shall be subject to the city’s adopted personnel rules. (Ord. MC-666, passed 7-17-1989; Ord. MC-1475,
passed 3-7-2018)
§ 2.04.030 UNCLASSIFIED SERVICE.
(A) Unclassified service includes those positions
associated with part-time employment, temporary
employment, seasonal employment and the following
officers and employees:
(1) Elected officials;
(2) Any position appointed by the Mayor
and City Council, including the City Manager, City
Clerk and City Attorney;
(3) Any persons appointed as deputies or
assistants of elected or appointed officers, regardless of job title or to whom they report;
(4) Any persons appointed as Assistant City
Manager, deputies or other assistants of the City
Manager;
(5) Any persons appointed as heads of
departments or heads of department divisions;
(6) One assistant for each department and
one assistant for the City Manager; and
(7) Any persons appointed to a board or
commission.
(B) All employees not included in the classified
service of the city under this chapter shall serve at the will and pleasure of the appointing authority. They
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may be appointed, controlled, ordered and directed by
the appointing authority in any manner which is in
compliance with applicable law, and may be
disciplined or removed from city employment by the
appointing authority without proof of cause or other
justification and without the right of appeal. Elected
officials and persons appointed by the City Council to
city boards, commissions or committees shall serve in
accordance with applicable state and local laws,
including this code, and may only be removed from
office in accordance with such laws. Part-time,
seasonal and temporary employees shall be provided
only those benefits mandated by applicable federal,
state and/or local laws, rules or regulations.
(Ord. MC-198, passed 8-11-1982; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1475, passed 3-7-2018)
§ 2.04.040 RESERVED.
[Reserved]
(Repealed and replaced by Ord. MC-1475, passed
3-7-2018)
§ 2.04.050 RESERVED.
[Reserved]
(Repealed and replaced by Ord. MC-1475, passed
3-7-2018)
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CHAPTER 2.06: PURCHASING AGENT
Section
2.06.010 Position established
2.06.020 Powers and duties
§ 2.06.010 POSITION ESTABLISHED.
A purchasing system is established which shall be
administered by a purchasing agent. The City
Manager, or his or her designee, shall serve as the
purchasing agent.
(Ord. 2398, passed 9-21-1961)
§ 2.06.020 POWERS AND DUTIES.
The purchasing agent shall have charge of the
purchasing of supplies, materials, equipment and
contractual services required by any office, department or agency of the city, with the exception of the City
Municipal Water Department and free public library,
and shall have the power and the duty to:
(A) Establish a purchasing program providing for
competitive bidding or open market purchasing so as
to obtain for the city the greatest possible advantage; (B) Establish and enforce specifications with
respect to supplies, materials and equipment required
by city government;
(C) Supervise the inspection of all deliveries of
supplies, materials and equipment and determine their
conformance with specifications;
(D) Transfer between offices, departments or
agencies, or sell any surplus, obsolete or unused
supplies, materials or equipment;
(E) Maintain and operate central duplicating
printing and mail service;
(F) Prepare a manual setting forth procedure to
be followed by all departments as to the purchase of
materials and equipment; and
(G) Perform such other duties as may be imposed
by ordinance or resolution of the CommonCity
Council or as the City Manager may direct.
(Ord. 2398, passed 9-21-1961; Ord. 3842, passed
7-11-1979; Ord. MC-602, passed 6-2-1987; Ord.
MC-646, passed 12-7-1988; Ord. MC-1220, passed
3-20-2006)
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CHAPTER 2.08: CITY TREASURER
Section
2.08.010 Treasurer function
§ 2.08.010 TREASURER FUNCTION.
All duties of the City Treasurer are transferred to
the Department of Finance and Management Services.
Upon the completion of the term of office of the
elected City Treasurer holding office upon adoption of
the ordinance incorporated in this chapter, the City
Manager shall appoint the Director of Finance and
Management Services, or other duly qualified person,
to carry out all functions of the City Treasurer.
(Ord. 3472, passed 1-8-1975; Ord. MC-1476, passed
3-7-2018; Ord. MC-1625, passed 2-21-2024)
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CHAPTER 2.10: DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES Section
2.10.010 Created
2.10.020 Position established - bond
2.10.030 Powers and duties
2.10.040 Divisions of department
Statutory reference:
For provisions authorizing the establishment of
the office of Director of Finance and the transfer
of the City Clerk’s duties to such office, see Cal.
Gov’t Code, §§ 37209 and 40805.5.
§ 2.10.010 CREATED.
A department of finance and management services
is created.
(Ord. 2855, passed 10-3-1967; Ord. MC-1625, passed
2-21-2024)
§ 2.10.020 POSITION ESTABLISHED - BOND.
(A) The position of director of finance and
management services of the city is established. This
position shall be in the unclassified service of the civil service.
(B) The Director of Finance and Management
Services shall be appointed by the City Manager.
(C) The Director of Finance and Management
Services shall execute and deposit a fidelity bond in
the amount of $10,000 prior to taking office.
(Ord. 2855, passed 10-3-1967; Ord. 3426, passed
5-20-1974; Ord. MC-1477, passed 3-7-2018; Ord.
MC-1625, passed 2-21-2024)
§ 2.10.030 POWERS AND DUTIES.
(A) The Director of Finance and Management
Services, under the supervision and direction of the
City Manager, or his or her designee, shall have
charge of the administration of the financial affairs of the city, except for the City Municipal Water
Department.
(B) The Director of Finance and Management
Services shall have the following powers and duties:
(1) To ensure deposit of all money received
by and on behalf of the city in such depository or
depositories as may be designated by the Mayor and
City Council, in compliance with all the provisions of
the California Constitution and laws of the state
governing the handling, deposit and securing of public
funds and the handling of trust funds in his or her
possession;
(2) To maintain custody of money deposited
in the City Treasury, to invest same pursuant to the
city’s adopted investment policy and to transfer money
from one fund into another fund by motion and a
majority vote of the City Council or by its approval of the tentative and final budgets containing fund balances for each fiscal year;
(3) To maintain custody of all securities
bought by the city government for the account of any
fund and of any unsold bonds of the city, and to make
investments and keep records of those investments on
behalf of the city. In the event of the sale of any bonds by the city, as provided by law, to deliver the same,
and receive from the purchaser the amount of money
due from such sale, and credit the same to the proper
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bank account in the same manner as other deposits and
report such action to the legislative body and the City Manager;
(4) To supervise all disbursements and
expenditures to assure that payment has been legally
authorized and appropriated, and that sufficient
unencumbered appropriations exist for the payment of
all claims and expenditures;
(5) To develop, supervise and maintain the
general accounting system for the city government;
(6) To procure materials, supplies and
general services for the city and establish appropriate standards and specifications with respect to the
purchase of supplies, materials and equipment;
(7) To regularly, at least quarterly, and at
the end of each fiscal year, prepare and submit to the
City Manager, and the Mayor and City Council, a
statement and report indicating the financial condition of the city, including, but not limited to, receipts,
disbursements, appropriations and reserves;
(8) To establish, supervise and maintain a
system of data processing for the handling of
accounting information and other reports and
tabulations required by the city;
(9) He or she, or his or her designated
representative, shall audit all purchase orders before
they become effective, and audit and approve, before
payment, all bills, invoices, payrolls, demands or
charges against the city government, and determine the
regularity, correctness and, with the advice of the City Attorney, the legality of such claims, demands and
charges; and he or she, or his or her designated
representative, shall attach to the register of audited demands, before submission to the Mayor and City
Council, his or her affidavit certifying as to the
accuracy of the demands and the availability of funds
for payment thereof pursuant to Cal. Gov’t Code,
§ 37202; and he or she, or his or her designated
representative, in lieu of the City Clerk, shall certify or approve demands as conforming to a budget
approved by resolution pursuant to Cal. Gov’t Code,
§ 37208; provided that the provisions of Cal. Gov’t
Code, § 37208 shall in other particulars be applicable
to the city;
(10) To compile the preliminary budget data,
including capital and operating expenditure
projections, and revenue projections for the City
Manager;
(11) To prepare and maintain current
inventory of all materials, supplies and equipment of
the city;
(12) To audit or designate a representative to
audit all purchase orders before they become effective, and audit and approve, before payment, all bills,
invoices, payrolls, demands or charges against the city government, and determine the regularity, correctness
and, with the advice of the City Attorney, the legality of such claims, demands and charges; and to certify by
attached affidavit the accuracy of the register of
audited demands, and the availability of funds for
payment thereof pursuant to Cal. Gov’t Code, § 37202
before submission to the Mayor and City Council; and
to certify or approve demands as conforming to a
budget approved by resolution pursuant to Cal. Gov’t
Code, § 37208;
(13) To prescribe the forms of receipts,
vouchers, bills or claims to be used by all the agencies of the city;
(14) To supervise the work of preparing the
city payroll and maintaining records of all payroll
data; and he or she shall supervise the work for the
state employees’ retirement system in accordance with
the law and administrative directors of the retirement
system;
(15) To perform such other duties as may be
imposed by ordinance or resolution of the Mayor and
City Council, or as the City Manager may direct; and
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Department of Finance and Management Services 21
(16) To appoint, supervise, discipline and
evaluate employees of the Department of Finance and
Management Services.
(Ord. MC-1477, passed 3-7-2018; Ord. MC-1625,
passed 2-21-2024)
§ 2.10.040 DIVISIONS OF DEPARTMENT.
(A) The Department of Finance and Management
Services shall be under the supervision of the Director of Finance and Management Services and shall consist
of the following divisions:
(1) Purchasing division;
(2) Accounting division;
(3) Payroll division; and
(4) Such other divisions as may be
authorized by the Mayor and the City Council.
(B) The heads of each of these divisions shall be
in the unclassified civil service.
(Ord. 2855, passed 10-3-1967; Ord. 3285, passed
8-24-1972; Ord. MC-1220, passed 3-20-2006; Ord.
MC-1226, passed 6-7-2006; Ord. MC-1625, passed
2-21-2024)
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CHAPTER 2.12: FIRE DEPARTMENT
Section
2.12.010 Fire Chief
2.12.020 Fire Department
2.12.030 Authority of Fire Chief to
enforce code provisions
2.12.040 Preservation of order at fires
2.12.050 Liability of city
Editor’s note:
On July 1, 2016, the city annexed into the County
Fire Protection District. The County Fire Code
and other ordinances were ratified by the
Mayor and CommonCity Council pursuant to
Ord. MC-1422, passed 5-16-2016.
§ 2.12.010 FIRE CHIEF.
All references within the city’s municipal code to
the Fire Chief, where not inconsistent with the
annexation of fire services from the city to the County Fire Protection District, shall mean the Fire Chief of
the County Fire Protection District and his or her
designated subordinates within the County Fire
Protection District.
(Ord. 347, passed 1-12-1907; Ord. 1713, passed
- -1944; Ord. MC-460, passed 5-15-1985; Ord.
MC-1422, passed 5-16-2016)
§ 2.12.020 FIRE DEPARTMENT.
All references within the city’s municipal code to
the Fire Department, where not inconsistent with the
annexation of fire services from the city to the County Fire Protection District, shall mean the County Fire
Protection District.
(Ord. 347, passed 1-12-1907; Ord. 1713, passed
- -1944; Ord. MC-460, passed 5-15-1985; Ord.
MC-1422, passed 5-16-2016)
§ 2.12.030 AUTHORITY OF FIRE CHIEF TO
ENFORCE CODE PROVISIONS.
The Fire Chief, and his or her designated
subordinates in the Fire Department, may enforce the
provisions of §§ 9.52.070, 9.56.010, 12.36.020,
12.52.010 and Chapters 9.12 and 15.16, and are
authorized to perform any act, including the
preparation and issuance of written notices to appear
for violations thereof, under and pursuant to the Cal.
Penal Code, § 836.5 and Chapters 5C and 5D of Part
2, Title 3 (commencing with § 853.6).
(Ord. 347, passed 1-12-1907; Ord. MC-460, passed
5-15-1985)
§ 2.12.040 PRESERVATION OF ORDER AT
FIRES.
The Fire Chief shall, to the best of his or her
ability, preserve order at all fires, and shall, whenever proper or necessary, call upon the Chief of Police or
any other peace officer to preserve order and make
arrests, and to prevent interference with his or her
orders or with the members of the Department.
(Ord. 347, passed 1-12-1907; Ord. MC-460, passed
5-15-1985)
§ 2.12.050 LIABILITY OF CITY.
No liability shall be incurred by the city on
account of the Fire Department, except such as shall
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be incurred or approved by the Mayor and
CommonCity Council.
(Ord. 347, passed 1-12-1907; Ord. MC-460, passed
5-15-1985; Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.14: DEPARTMENT OF PUBLIC WORKS
Section
2.14.010 Established
2.14.020 Director
2.14.030 Director - duties
2.14.031 City Engineer
2.14.032 City Engineer - duties
2.14.040 Meetings
§ 2.14.010 ESTABLISHED.
There is established a department of public
works.
(Ord. MC-344, passed 2-22-1984; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1322, passed 4-20-2010)
§ 2.14.020 DIRECTOR.
The Department shall be under the management
and control of the Director of Public Works, who shall
be appointed by the City Manager with approval of the
Mayor and CommonCity Council.
(Ord. MC-344, passed 2-22-1984; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1322, passed 4-20-2010)
§ 2.14.030 DIRECTOR - DUTIES.
Under the policies of the Mayor and CommonCity
Council, the Director shall have all the powers and
perform all the duties that are now or may hereafter be conferred upon the Director of Public Works.
(Ord. MC-344, passed 2-22-1984; Ord. MC-1322,
passed 4-20-2010)
§ 2.14.031 CITY ENGINEER.
The position of city engineer is created and shall
report to and be under the supervision of the Director
of Public Works.
(Ord. MC-1027, passed 9-9-1998; Ord. MC-1322,
passed 4-20-2010)
§ 2.14.032 CITY ENGINEER - DUTIES.
The City Engineer shall perform the appropriate
duties as a registered engineer as provided for in the
Cal. Business and Professions Code, § 6730.2 or any
other applicable section of state law, the City Charter or the municipal code.
(Ord. MC-1027, passed 9-9-1998; Ord. MC-1226,
passed 6-7-2006; Ord. MC-1322, passed 4-20-2010)
§ 2.14.040 MEETINGS.
The Director shall represent the Department of
Public Works at all meetings and hearings of the
Mayor and CommonCity Council considering matters
relating to engineering, streets, rubbish, refuse
disposal, improving of streets or public works either in person or by duly authorized representatives.
(Ord. 3512, passed 7-15-1975; Ord. MC-344, passed
2-22-1984; Ord. MC-1027, passed 9-9-1998; Ord.
MC-1220, passed 3-20-2006; Ord. MC-1322, passed
4-20-2010)
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CHAPTER 2.15: DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Section
2.15.010 Established
2.15.020 Director - duties
§ 2.15.010 ESTABLISHED.
There is established a department of community
development and housing.
(Ord. MC-344, passed 2-22-1984; Ord. MC-1322,
passed 4-20-2010; Ord. MC-1625, passed 2-21-2024)
§ 2.15.020 DIRECTOR - DUTIES.
The Department shall be under the management
and control of the Director of Community
Development and Housing, who shall be appointed by
the City Manager. Under the policies of the Mayor
and City Council, the Director shall have all the
powers and perform all the duties that are now or may
hereafter be conferred or imposed by the City Charter,
law or the Mayor and City Council relating to
planning, building and safety, housing and code
enforcement, and shall plan, coordinate and report on
all the duties and activities involved in such programs. (Ord. MC-344, passed 2-22-1984; Ord. MC-1220,
passed 3-20-2006; Ord. MC-1322, passed 4-20-2010;
Ord. MC-1355, passed 7-5-2011; Ord. MC-1625,
passed 2-21-2024)
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CHAPTER 2.16: DEVELOPMENT SERVICES DEPARTMENT
(Repealed by Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.17: BOARDS, BUREAUS AND COMMISSIONS - GENERAL Section
2.17.010 General provisions
2.17.020 Members
2.17.030 Nomination - terms
2.17.035 Alternate members
2.17.040 Appointment - registered voter
requirement - compensation -
oath
2.17.050 Oath of office
2.17.060 Chairperson - meetings -
absences
2.17.070 Quorum
2.17.080 Reporting
2.17.090 Hearing officers; powers;
absence of quorum
2.17.100 Hearing officers; powers;
referrals
2.17.110 Hearing officers; appeals of
decision
§ 2.17.010 GENERAL PROVISIONS.
This chapter generally establishes the manner of
appointments, term of service, compensation, meeting
times and provisions for vacating of offices of
members of the boards, commissions and citizen
advisory committees established by the City Council,
except those established by the City Charter which are
addressed separately in this code and those governed
by other municipal code sections.
(Ord. MC-1454, passed 2-7-2018)
§ 2.17.020 MEMBERS.
Each board, commission and citizen advisory
committee, subject to the provisions of this chapter,
shall consist of nine members, unless otherwise
provided in the ordinance or resolution creating the
board, commission or citizen advisory committee.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1014,
passed 1-13-1998; Ord. MC-1454, passed 2-7-2018)
§ 2.17.030 NOMINATION - TERMS.
Each City Council member shall nominate one
member of each such board, commission and citizen
advisory committee who shall serve during and for the
term of the nominating Council member. The Mayor
shall nominate two members to each such board,
commission and citizen advisory committee who shall
serve during and for the term of the Mayor. The terms
of board, commission and citizen advisory committee
members shall coincide with the term of the
nominating City Council member or Mayor; provided
that when a vacancy shall occur in the office of the
City Council member or the Mayor who originally
nominated any member, the applicable term of that
member of the board, commission or citizen advisory
committee shall continue until a successor has been
appointed. Nomination and appointment of a
replacement member at any time shall terminate the
appointment of any member so replaced, without need
for formal removal action.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1454,
passed 2-7-2018)
§ 2.17.035 ALTERNATE MEMBERS.
[Reserved]
(Repealed by Ord. MC-1454, passed 2-7-2018)
§ 2.17.040 APPOINTMENT - REGISTERED
VOTER REQUIREMENT - COMPENSATION -
OATH.
Each member of such board, commission or
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citizen advisory committee, after having been
nominated, shall be appointed by at least five
affirmative votes of the Mayor and City Council. Each
member shall be and remain a registered voter within
the city and no member shall be an employee of the
city. Notwithstanding the foregoing, the Mayor and
City Council may establish a downtown advisory
committee by resolution and may permit the
appointment of non-city-resident business professionals (i.e., local businesses) to the committee so long as the non-city-residents each have an active business license with the city and collectively make up less than 25%
of that committee. Members shall serve, without
compensation, at the pleasure of the Mayor and City
Council. Any member no longer holding the
qualifications required for appointment shall cease to
serve as a member, and such member’s position shall
be deemed vacant. Any vacancy shall be filled and
appointment shall be made in the manner herein before
set forth as for an original appointment.
(Ord. MC-277, passed 6-8-1983; Ord. MC-652,
passed 2-20-1989; Ord. MC-1454, passed 2-7-2018;
Ord. MC-1552, passed 4-7-2021)
§ 2.17.050 OATH OF OFFICE.
Prior to undertaking his or her duties as a
member of any such board, commission or citizen
advisory committee, the member shall subscribe and
file his or her official oath of office with the City
Clerk.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1454,
passed 2-7-2018)
§ 2.17.060 CHAIRPERSON - MEETINGS -
ABSENCES.
(A) Each board, commission and citizen advisory
committee shall elect a chair and vice-chair from
among its members, and the Chair and Vice-Chair
shall serve for a term of one year. The board,
commission or citizen advisory committee shall meet
not less than once a quarter in the City Hall, or such
other place within the city as the board, commission or citizen advisory committee may select.
(B) If a member of any board, commission or
citizen advisory committee fails to attend three
consecutive regular meetings without excuse from the
Chair, which excuse must be obtained within five
calendar days before or after any meeting date, he or
she shall automatically cease to be a member of the
board, commission or citizen advisory committee, and
the Chair of such board, commission or citizen
advisory committee shall notify the former member
and the nominating official of the declared vacancy.
The vacant office shall be filled by nomination and
appointment made in the manner of the original
appointment.
(C) Meetings of each board, commission or
citizen advisory committee shall be open to the public
and shall be governed by the provisions of the Ralph
M. Brown Act, Cal. Gov’t Code, §§ 54950.5 et seq.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1454,
passed 2-7-2018)
§ 2.17.070 QUORUM.
Any five members in attendance at any meeting
shall constitute a quorum.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1454,
passed 2-7-2018)
§ 2.17.080 REPORTING.
Each board, commission or citizen advisory
committee shall provide a copy of its agenda,
attachments and minutes to the Mayor, City Council,
City Manager, City Attorney and such other city
officials as it may deem advisable.
(Ord. MC-803, passed 8-8-1991; Ord. MC-1454,
passed 2-7-2018)
§ 2.17.090 HEARING OFFICERS; POWERS;
ABSENCE OF QUORUM.
[Reserved]
(Repealed by Ord. MC-1454, passed 2-7-2018)
§ 2.17.100 HEARING OFFICERS; POWERS;
REFERRALS.
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Boards, Bureaus and Commissions - General 33
[Reserved]
(Repealed by Ord. MC-1454, passed 2-7-2018)
§ 2.17.110 HEARING OFFICERS; APPEALS
OF DECISION.
[Reserved]
(Repealed by Ord. MC-1454, passed 2-7-2018)
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CHAPTER 2.18: PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (Repealed by Ord. MC-1458, passed 2-21-2018)
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CHAPTER 2.19: ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION Section
2.19.010 Purpose
2.19.020 Members - appointment
2.19.030 Duties
2.19.040 Meetings
§ 2.19.010 PURPOSE.
The elected official compensation advisory
commission is established to provide the Mayor and
Council members with recommendations regarding
compensation to be established for city-elected
officials on a periodic basis as provided for herein.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463,
passed 2-21-2018)
§ 2.19.020 MEMBERS - APPOINTMENT.
The City Elected Official Compensation Advisory
Commission shall consist of nine members who shall
serve at the pleasure of the Mayor and City Council.
Members shall be appointed and serve pursuant to the
provisions of Chapter 2.17.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463,
passed 2-21-2018)
§ 2.19.030 DUTIES.
The Elected Official Compensation Advisory
Commission shall:
(A) Serve in an advisory capacity to the Mayor
and City Council in making recommendations relating
to the compensation of city-elected officials;
(B) Conduct a compensation survey of
city-elected officials in other state charter and/or
general law cities;
(C) Review California Government Code
provisions for compensation of city-elected officials of general law cities;
(D) Provide compensation recommendations to
the Mayor and City Council pursuant to the City
Charter, § 305; and
(E) Encourage public participation in the
process.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463,
passed 2-21-2018)
§ 2.19.040 MEETINGS.
The Elected Official Compensation Advisory
Commission shall hold meetings and shall function
pursuant to the provisions of Chapter 2.17 except that
the meetings shall be held solely upon request for
compensation review by the Mayor and City Council.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463,
passed 2-21-2018)
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CHAPTER 2.20: SPECIAL COUNSEL SERVICES
(Repealed by Ord. MC-1498, passed 7-5-2018)
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CHAPTER 2.22: PLANNING COMMISSION
Section
2.22.010 Members - appointment
2.22.020 Duties
2.22.030 Quorum and vote required
2.22.040 Reserved
2.22.050 Reserved
2.22.060 Reserved
Statutory reference:
For provision on city planning, see Cal. Gov’t
Code, §§ 65100 et seq.
For provisions on city planning commissions, see
Cal. Gov’t Code, § 6515065101.
§ 2.22.010 MEMBERS - APPOINTMENT.
The City Planning Commission shall consist of
nine members who shall serve at the pleasure of the
Mayor and City Council. Members shall be appointed
and serve pursuant to the provisions of Chapter 2.17.
Members shall be appointed on the basis of
demonstrated knowledge and experience in land use,
zoning, architecture, engineering, planning or other
relevant area.
(Ord. 1815, passed 2-27-1948; Ord. 3216, passed
12-21-1971; Ord. MC-277, passed 6-8-1983; Ord.
MC-1473, passed 3-7-2018)
§ 2.22.020 DUTIES.
The Commission shall perform the duties and
functions prescribed in Title 19 and other ordinances.
The Commission shall prepare, adopt and periodically
review and revise a comprehensive long-term general
plan for the physical development of the city and any
land outside the boundaries thereof which in the
Commission’s judgment bears relation to the planning
or development of the city itself. Such plans shall be
known as the general plan and shall be so prepared
that all or portions thereof may be adopted by the City Council as a basis for the development of the city for
such reasonable period of time next ensuing after the
adoption thereof as may be practicably covered
thereby.
(Ord. 1815, passed 2-27-1948; Ord. 2812, passed
4-18-1967; Ord. 3126, passed 12-1-1970; Ord.
MC-127, passed 1-7-1982; Ord. MC-277, passed
6-8-1983; Ord. MC-1473, passed 3-7-2018)
§ 2.22.030 QUORUM AND VOTE REQUIRED.
Five members of the City Planning Commission
shall constitute a quorum for the transaction of
business. Action granting approval of any matter,
except general plan amendments, and amendments to
the municipal code, must be taken by a majority vote
of Commissioners in attendance, and a failure to do so
results in an automatic denial of the pending matter. A recommendation for approval of a general plan
amendment or an amendment to the municipal code
shall be by the affirmative vote of not less than a
majority (five) of the total membership of the
Commission. Procedural matters may be dealt with by
a majority of those voting and not abstaining at such
times when a quorum is present. The absence
(temporary or permanent) of any Commissioner
previously recorded as present shall be noted in the
minutes for purposes of determining the presence of a
quorum at all times.
(Ord. MC-1473, passed 3-7-2018)
§ 2.22.040 RESERVED.
[Reserved]
(Repealed by Ord. MC-277, passed 6-8-1983)
§ 2.22.050 RESERVED.
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[Reserved]
(Repealed by Ord. MC-1473, passed 3-7-2018)
§ 2.22.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-277, passed 6-8-1983)
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CHAPTER 2.23: HISTORICAL PRESERVATION COMMISSION
(Repealed by Ord. MC-1460, passed 2-21-2018)
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CHAPTER 2.24: CENTRAL CITY PARKING PLACE COMMISSION
(Repealed by Ord. MC-1352, passed 6-21-2011)
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CHAPTER 2.26: ANIMAL CONTROL COMMISSION
(Repealed by Ord. MC-1468, passed 3-7-2018)
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CHAPTER 2.27: LIBRARY BOARD
Section
2.27.010 Qualifications and appointment
2.27.020 Terms of office
2.27.030 Oath of office
2.27.040 Meetings, Chair, quorum and
attendance
2.27.050 Reporting
2.27.060 Approval of rules and regulations
Editor’s note:
This chapter was added by Ord. MC-1483,
passed 4-18-2018.
§ 2.27.010 QUALIFICATIONS AND
APPOINTMENT.
(A) The five members of the Library Board of
Trustees serving at the time of the effective date of the ordinance incorporated in this chapter shall continue to serve until a replacement member is appointed, subject
to the Mayor and City Council’s right of removal.
Whenever any vacancy of the Board occurs for any
reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, the
City Clerk shall cause notice of the vacancy or
pending vacancy of the position to be posted and
advertised as required by law to enable qualified
candidates to apply for such position(s).
(B) Applicants for membership on the Library
Board of Trustees and all Board members shall be
adult residents and registered voters of the city, and no member shall be an employee of the city or hold any
other elected office in the city, while applying for or holding a membership seat on the Library Board of
Trustees. Members shall be appointed on the basis of
demonstrated knowledge and experience in the area of
library operations, fundraising, budget and personnel
management, education, legal services, purchasing or
other areas which relate to the mission and purpose of
the Board. Members shall commit to provide the best
possible library services for the community.
Appointments shall be made with consideration of
community involvement, interpersonal and
communication skills, geographical distribution of
commissioners and diversity. The Mayor shall
determine the timing and manner of interviewing
qualified applicants, which may include interviews
with the Mayor, an ad hoc council subcommittee
formed for that purpose, or setting of a special
meeting with public interviews of those selected for
interview. Each appointee to the Library Board shall
be selected by a vote of the Mayor and entire City
Council as provided in City Charter, § 304(b).
Removal of any member of the Library Board shall
also be subject to City Charter, § 304(b). Members of
the Library Board of Trustees shall serve without
compensation.
(Ord. MC-1483, passed 4-18-2018)
§ 2.27.020 TERMS OF OFFICE.
Each member of the Library Board of Trustees
shall serve a four-year term. Terms shall be staggered
so that three members are appointed in 2018 for a
four-year term and every four years thereafter, and
two members are appointed in 2018 for a two-year
term and every four years thereafter. The term of each
member of the Board shall continue until a successor
has been appointed.
(Ord. MC-1483, passed 4-18-2018)
§ 2.27.030 OATH OF OFFICE.
Prior to undertaking his or her duties as a
member of the Library Board of Trustees, the member
shall subscribe and file his or her official oath of office with the City Clerk.
(Ord. MC-1483, passed 4-18-2018)
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§ 2.27.040 MEETINGS, CHAIR, QUORUM
AND ATTENDANCE.
The Library Board of Trustees shall meet at least
once per month, with regular meetings scheduled by
adopted rules or regulations, and special meetings as
needed, to be posted and conducted in accordance with
the Ralph M. Brown Act. A quorum of three of the
Board members is required to conduct any meeting.
The Board shall elect a president and vice president
from among its members, and the president and vice
president shall serve for a term of two years. Any
member who is absent for three consecutive meetings,
or in excess of four meetings per year, excused or
unexcused, may be subject to removal from the Board.
(Ord. MC-1483, passed 4-18-2018)
Statutory reference:
Ralph M. Brown Act, see Cal. Gov’t Code,
§§ 54950 through 54963
§ 2.27.050 REPORTING.
The Library Board of Trustees shall provide a
copy of its agenda, attachments and minutes to the
Mayor, City Council, City Manager, City Attorney
and such other city officials as it may deem advisable.
The Library Board of Trustees shall schedule from
time to time agenda items as requested by the City
Manager for the purpose of discussing items in closed
or open session. The Library Department budget and
all labor agreements shall be submitted to City Council for approval pursuant to City Charter, §§ 508 and 602.
(Ord. MC-1483, passed 4-18-2018)
§ 2.27.060 APPROVAL OF RULES AND
REGULATIONS.
The rules and regulations of the Library Board of
Trustees in effect at the time of adoption of the
ordinance incorporated in this chapter, copies of which rules and regulations are on file in the office of the
City Clerk, are approved for enforcement purposes.
Subsequent amendments to the rules and regulations
approved by the Library Board shall be submitted to
the City Council for approval by resolution and shall
be enforceable pursuant to this chapter.
(Ord. MC-1483, passed 4-18-2018)
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CHAPTER 2.28: BOARD OF WATER COMMISSIONERS
Section
2.28.010 Approval of rules and regulations
2.28.020 Violation - penalty
2.28.030 Service outside city limits
2.28.040 Water rates approval by Council
resolution
Cross-reference:
For Charter provisions on the Board of Water
Commissioners, see City Charter, Art. VI.
§ 2.28.010 APPROVAL OF RULES AND
REGULATIONS.
Pursuant to the City Charter, § 603, the Water
Board is responsible for oversight and management of
the city’s water supply, recycled water, wastewater
collection and treatment functions. Specifically, in
accordance with City Charter, § 603(h), the Water
Board is empowered to establish and periodically
review and revise such rules and regulations as may be
appropriate for managing the city’s water supply,
recycled water, wastewater collection and treatment
functions.
(Ord. 1872, passed 12-6-1949; Ord. 3556, passed
2-18-1976; Ord. 3665, passed 9-2-1977; Ord. 3688,
passed 11-9-1977; Ord. 3708, passed 3-2-1978; Ord.
3732, passed 6-16-1978; Ord. MC-15, passed
12-9-1980; Ord. MC-175, passed 6-28-1982; Ord.
MC-1562, passed 9-15-2021)
§ 2.28.020 VIOLATION - PENALTY.
It is unlawful for any person, firm or corporation
to violate any of such rules or regulations, and any
person, firm, partnership, corporation or other entity
violating any such rule or regulation is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010. In addition, notwithstanding any language
to the contrary in Chapter 9.92, such violations may
be enforced through the administrative citation process set forth in Chapter 9.92. Furthermore,
notwithstanding any language to the contrary in
Chapter 9.93 and where appropriate at the discretion
of the city’s officials, such violations may be enforced. (Ord. 1872, passed 12-6-1949; Ord. MC-460, passed
5-15-1985; Ord. MC-1562, passed 9-15-2021)
§ 2.28.030 SERVICE OUTSIDE CITY LIMITS.
Water and sewer service outside the corporate
limits of the city shall not be authorized or approved
by the Board of Water Commissioners or its officers,
employees and agents, except with the approval of the
Mayor and CommonCity Council.
(Ord. MC-106, passed 10-7-1981)
§ 2.28.040 WATER RATES APPROVAL BY
COUNCIL RESOLUTION.
Water rates and charges established by the Board
of Water Commissioners, pursuant to City Charter,
§ 163, may be approved by resolution of the Mayor
and CommonCity Council. Failure of the Mayor and
CommonCity Council to act by the adoption of a
resolution or ordinance within 90 days after the
establishment of such water rates and charges shall be
deemed an automatic approval of such water rates and
charges.
(Ord. MC-174, passed 6-29-1982)
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CHAPTER 2.30: FINE ARTS COMMISSION
(Repealed by Ord. MC-1458, passed 2-21-2018)
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CHAPTER 2.31: RELOCATION APPEALS BOARD
(Repealed by Ord. MC-1459, passed 2-21-2018)
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CHAPTER 2.32: BOARD OF FIRE COMMISSIONERS
(Repealed by Ord. MC-1422, passed 5-16-2016)
Cross-reference:
Fire Department, see Chapter 2.12.
Editor’s note:
On July 1, 2016, the city annexed into the County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422, passed 5-16-2016.
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CHAPTER 2.34: BOARD OF POLICE COMMISSIONERS
(Repealed by Ord. MC-1471, passed 3-7-2018)
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CHAPTER 2.36: PEACE OFFICER STANDARDS AND TRAINING
Section
2.36.010 Intent to qualify
2.36.020 Adherence to standards
2.36.030 Inquiries by the Commission
Statutory reference:
For provisions on peace officer standards and
training and funds therefor, see Cal. Penal
Code, §§ 13520 et seq.
§ 2.36.010 INTENT TO QUALIFY.
The city declares that it desires to qualify to
receive aid from the state under the provisions of the
Cal. Penal Code, Part 4, Title 4, Chapter 1.
(Ord. 2400, passed 11-28-1961)
§ 2.36.020 ADHERENCE TO STANDARDS.
Pursuant to Cal. Penal Code, §§ 13522, 13525
and 13510(c) of said Chapter 1, the city, while
receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and
training established by the State Commission on Peace
Officer Standards and Training.
(Ord. 2400, passed 11-28-1961; Ord. MC-661, passed
6-7-1989)
§ 2.36.030 INQUIRIES BY THE
COMMISSION.
Pursuant to Cal. Penal Code, § 13512 of said
Chapter 1, the Commission and its representatives may
make such inquiries as deemed appropriate by the
Commission to ascertain that the city’s public safety
dispatcher personnel adhere to standards for selection
and training established by the Commission on Peace
Officer Standards and Training.
(Ord. MC-661, passed 6-7-1989)
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CHAPTER 2.38: POLICE RESERVE
Section
2.38.010 Establishment
2.38.020 Authority and control of Chief of
Police
2.38.030 Membership - method of
appointment
2.38.040 Rules and regulations - duties
2.38.050 Workers’ compensation benefits
2.38.060 Identification card and insignia
2.38.070 Removal from membership
2.38.080 Firearms and police baton
2.38.090 Power of arrest - authority to
direct traffic
2.38.100 Uniform - use of uniform
2.38.110 Civil defense and disaster
2.38.120 Impersonation prohibited
§ 2.38.010 ESTABLISHMENT.
A police reserve, hereinafter called “reserves,” is
established as a voluntary organization composed of
persons appointed by the Chief of Police, hereinafter
called the “Chief;” said persons shall serve
gratuitously as a volunteer unit of the City Police
Department to assist regular police officers in law
enforcement and the maintenance of peace and order.
(Ord. 2828, passed 6-27-1967)
§ 2.38.020 AUTHORITY AND CONTROL OF
CHIEF OF POLICE.
Subject to the provisions of this chapter, the Chief
of Police shall have complete control and authority
over the reserves. He or she may appoint, as members
thereof, any persons whom he or she deems to be
qualified and he or she may reject any application for
membership. He or she shall provide for the training
of members in all fields of police activity and for that purpose may assign such members to various police
duties.
(Ord. 2828, passed 6-27-1967)
§ 2.38.030 MEMBERSHIP - METHOD OF
APPOINTMENT.
(A) Membership in the reserves is open to both
men and women. Whenever the male gender is used in
this chapter, it shall be construed to include both male and female.
(B) No person shall become a member of the
reserves until he or she is able to meet all
requirements prescribed by the Chief. When so
qualified and selected, he or she shall be sworn in by
the Chief, or by the Chief’s representative, as a
member of the reserves.
(Ord. 2828, passed 6-27-1967)
§ 2.38.040 RULES AND REGULATIONS -
DUTIES.
The Chief may, by order, establish rules and
regulations to govern the reserves, including the fixing of specific duties of its members and the providing of
penalties and discipline for violations of such duties or orders of the Chief. He or she may change such orders
from time to time.
(Ord. 2828, passed 6-27-1967)
§ 2.38.050 WORKERS’ COMPENSATION
BENEFITS.
The members of the city police reserve shall
receive workers’ compensation benefits as provided by
law. For purposes of the Workers’ Compensation
Law, members of the police reserve shall be deemed
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to be employees of the city.
(Ord. 2828, passed 6-27-1967)
Statutory reference:
Workers’ Compensation Law, see Cal. Labor
Code, §§ 3200 et seq.
§ 2.38.060 IDENTIFICATION CARD AND
INSIGNIA.
An identification card, badge or such other
insignia or evidence of identification as the Chief may prescribe shall be issued to each member who shall
carry such card at all times. Each member must
surrender all city property issued to him or her upon
termination of his or her membership.
(Ord. 2828, passed 6-27-1967)
§ 2.38.070 REMOVAL FROM MEMBERSHIP.
The membership of any person in the reserves
may be terminated by the Chief at his or her pleasure.
(Ord. 2828, passed 6-27-1967)
§ 2.38.080 FIREARMS AND POLICE BATON.
No member of the reserves shall carry any
firearms unless or until he or she has been authorized
to do so by the Chief. All members of the reserves are
authorized to carry the regulation police baton.
(Ord. 2828, passed 6-27-1967)
§ 2.38.090 POWER OF ARREST -
AUTHORITY TO DIRECT TRAFFIC.
A member of the reserves, when on duty as
assigned by the Chief, shall have the authority given to officers of the Police Department to direct traffic, and shall have the same power of arrest granted to a
regular member of the Police Department, subject to
any limitations which the Chief may impose.
(Ord. 2828, passed 6-27-1967)
§ 2.38.100 UNIFORM - USE OF UNIFORM.
The uniform for members of the reserves shall be
similar to the uniform worn by regular members of the
Police Department, with an identifying insignia to be
prescribed by the Chief of Police. The uniform shall
be worn only at times authorized by the Chief.
(Ord. 2828, passed 6-27-1967)
§ 2.38.110 CIVIL DEFENSE AND DISASTER.
Members of the reserves shall also enroll as
volunteers of the City Civil Defense and Disaster
Organization.
(Ord. 2828, passed 6-27-1967)
§ 2.38.120 IMPERSONATION PROHIBITED.
It is unlawful and an infraction, punishable in
accordance with § 1.12.010, for any person, not a
member of the reserves:
(A) To wear, carry or display a reserve
identification card, badge, cap piece or insignia; and
(B) In any manner to represent himself or herself
to be connected with the reserves.
(Ord. 2828, passed 6-27-1967; Ord. MC-460, passed
5-15-1985; Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.39: HUMAN RELATIONS COMMISSION
(Repealed by Ord. MC-1471, passed 3-7-2018)
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CHAPTER 2.40: COMMUNITY DEVELOPMENT COMMISSION
(Repealed by Ord. MC-1459, passed 2-21-2018)
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CHAPTER 2.41: MAIN STREET ADVISORY BOARD
(Repealed by Ord. MC-1190, passed 11-2-2004)
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CHAPTER 2.42: COMMUNITY TELEVISION COMMISSION
(Repealed by Ord. MC-1352, passed 6-21-2011)
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CHAPTER 2.43: BUREAU OF FRANCHISES
(Repealed by Ord. MC-1480, passed 4-18-2018)
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CHAPTER 2.44: CEMETERY COMMISSION
(Repealed by Ord. MC-1190, passed 11-2-2004)
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CHAPTER 2.45: BUILDING APPEALS BOARD
Section
2.45.010 Members - appointment
2.45.020 Reserved
2.45.030 Duties
2.45.040 Review of the Board’s decision
2.45.050 Oath of office
2.45.060 Chair - meetings
2.45.070 Quorum
2.45.080 Hearing procedures
§ 2.45.010 MEMBERS - APPOINTMENT.
The Building Appeals Board shall be comprised
of the members of the City Planning Commission, as
defined in § 2.22.010. Members shall be appointed on
a basis of knowledge in the applicable building codes,
regulations and ordinances of the city, and must be
qualified by training and experience to pass on matters pertaining to building construction.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1474,
passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)
§ 2.45.020 RESERVED.
[Reserved]
(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521,
passed 9-18-2019)
§ 2.45.030 DUTIES.
Pursuant to § 1.8.8 of the State Building Code,
being 24 Cal. Code of Regulations, Chapter 1, Part 2,
Division 1, § 1.8.8, the Board shall have the duty to
consider appeals of orders, decisions and
determinations of the city Building Official relating to the building standards of the State Building Standards
Code. The Board is authorized to establish policies and procedures necessary to carry out its duties.
(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521,
passed 9-18-2019)
§ 2.45.040 REVIEW OF THE BOARD’S
DECISION.
The decision of the Board may be appealed to the
City Council in accordance with Chapter 2.64. The
City Council’s decision on an appeal from the Board’s
decision is final and binding. Pursuant to Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6, any action to
review a decision of the City Council shall be
commenced not later than the ninetieth day after the
date the City Council’s order is adopted.
(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521,
passed 9-18-2019)
§ 2.45.050 OATH OF OFFICE.
Prior to undertaking his or her duties as a
member of the Board, the member shall subscribe and
file his or her official oath of office with the City
Clerk.
(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521,
passed 9-18-2019)
§ 2.45.060 CHAIR - MEETINGS.
(A) The Chairperson of the Board shall be the
Chairperson of the Planning Commission, or his or her
designee. The Board shall meet only as required to
consider an appeal within its jurisdiction.
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(B) The Board shall meet at such times and
dates, and in such places, as shall be designated by the Chairperson of the Board.
(C) Meetings of the Board shall be open to the
public and shall be governed by the provisions of the
Ralph M. Brown Act, Cal. Gov’t Code, §§ 54950.5 et
seq., except as otherwise provided by law.
(D) A member shall not hear an appeal in which
that member has a personal, professional or financial
interest.
(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521,
passed 9-18-2019)
§ 2.45.070 QUORUM.
Any five members in attendance at any meeting
shall constitute a quorum.
(Ord. MC-277, passed 6-8-1983; Ord. MC-1418,
passed 10-5-2015; Ord. MC-1474, passed 3-7-2018;
Ord. MC-1521, passed 9-18-2019)
§ 2.45.080 HEARING PROCEDURES.
(A) The Board shall meet upon notice from the
Chairperson.
(B) The appellant, the appellant’s representative,
the Building Official, the Building Official’s
representative and any person whose interests are
affected shall be given an opportunity to be heard.
(C) The Board shall adopt and make available to
the public procedures under which a hearing will be
conducted. The procedures shall not require
compliance with strict rules of evidence, but shall
mandate that only relevant information be received.
(D) A quorum of the Board shall hear an appeal.
(E) The Board may modify or reverse the
decision of the Building Official by a concurring vote
of a majority of its members. The authority of the
Board to render a decision is limited to the scope of
authority of the Building Official in the first instance.
The Board has no authority to waive a requirement of
the State Building Standards Code.
(F) The Board must issue a written decision with
findings within a reasonably prompt time after filing of the appeal.
(Ord. MC-1521, passed 9-18-2019)
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CHAPTER 2.46: DISASTER COUNCIL
Section
2.46.010 Purpose
2.46.020 Definition
2.46.030 Disaster Council membership
2.46.040 Disaster Council powers and
duties
2.46.050 Director and Assistant Director
of Emergency Services
2.46.060 Office of Emergency
Management
2.46.070 Standardized emergency
management system
2.46.080 National incident management
system
2.46.090 Powers and duties of the Director
and Assistant Director of
Emergency Services
2.46.100 Emergency organization
2.46.110 Expenditures
2.46.120 Violations
2.46.130 Excessive price increases
prohibited
§ 2.46.010 PURPOSE.
The purpose of this chapter is to provide for the
preparation and execution of plans for the protection of persons and property within the city in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of
the emergency functions with all other public agencies, corporations, organizations and affected private
persons and entities.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.020 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
EMERGENCY. The actual or threatened
existence of conditions of disaster or of extreme peril to the safety of persons and property within this
jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest or
earthquake, or other conditions, including conditions
resulting from war or imminent threat of war, but
other than conditions resulting from a labor
controversy, which conditions are or are likely to be
beyond the control of the services, personnel,
equipment and facilities of the city, requiring the
combined forces of other political subdivisions to
combat.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.030 DISASTER COUNCIL
MEMBERSHIP.
The City Disaster Council is created and shall
consist of the following:
(A) The Mayor, who shall be Chair;
(B) The Director of Emergency Services, who
shall be Vice Chair;
(C) The Assistant Director of Emergency
Services;
(D) Such Chiefs of Emergency Service as may be
provided for in a current emergency plan of the city
adopted pursuant to this chapter; and
(E) Such other representatives of civic, business,
labor, veterans, professional or other organizations
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having an official emergency responsibility, as may be
appointed by the Director with the advice and consent
of the City Council.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.040 DISASTER COUNCIL POWERS
AND DUTIES.
The Disaster Council shall meet at least once per
year, upon the call of the Chair or, in the absence of
the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council and it is empowered
to develop and recommend for adoption by the Mayor
and City Council, the city’s emergency plan, mutual
aid plans, agreements, ordinances, resolutions, rules
and regulations as may be necessary to implement such
plans and agreements. The city’s emergency plan shall
provide for the effective mobilization of all the city’s resources, both public and private, to meet any
condition constituting a local emergency, state of
emergency or state of war emergency and shall
provide for the organization, powers and duties,
services and staff of the emergency organization. Such
plan shall take effect upon the adoption of a resolution by the Mayor and City Council.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.050 DIRECTOR AND ASSISTANT
DIRECTOR OF EMERGENCY SERVICES.
(A) There is created the position of director of
emergency services. The City Manager shall be the
Director of Emergency Services.
(B) There is created the position of assistant
director of emergency services, who shall be appointed
by the Director. When the Director of Emergency
Services is not available, the Assistant Director of
Emergency Services shall become Acting Director and
assume the powers and duties of the Director.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.060 OFFICE OF EMERGENCY
MANAGEMENT.
There is created the office of emergency
management, which shall act at the will of the Director of Emergency Services. The City Emergency Manager
shall manage the day-to-day affairs of the emergency
management program and have certain other
emergency management functions as specified.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.070 STANDARDIZED EMERGENCY
MANAGEMENT SYSTEM.
In accordance with the Cal. Gov’t Code, § 8607,
the city adopts the standardized emergency
management system (“SEMS”) framework. The
SEMS framework includes the use of the incident
command system (“ICS”), multi-agency or
interagency coordination, participation in the master
mutual aid agreement and operational area concept.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.080 NATIONAL INCIDENT
MANAGEMENT SYSTEM.
In accordance with Homeland Security
Presidential Directive 5 (February 28, 2003), the city
adopts the national incident management system
(“NIMS”) framework. The NIMS framework includes
the use of the standardized emergency management
system and the incident command system,
multi-agency or interagency coordination, participation in the master mutual aid agreement and the operational
area concept.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.090 POWERS AND DUTIES OF THE
DIRECTOR AND ASSISTANT DIRECTOR OF
EMERGENCY SERVICES.
(A) The Director is empowered to:
(1) Request the Mayor and City Council to
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proclaim the existence or threatened existence of a
“local emergency,” if the City Council is in session,
or to issue such proclamation, if the City Council is
not in session. Whenever a local emergency is
proclaimed by the Director, the Mayor and City
Council shall take action to ratify the proclamation
within seven days thereafter or the proclamation shall
have no further force or effect;
(2) Request the Governor to proclaim a
“state of emergency” when, in the opinion of the
Director, the circumstances are beyond the city’s
capacity to adequately respond to or recover from the
emergency;
(3) Control and direct the efforts of the
city’s emergency organization for the accomplishment
of the purposes of this chapter;
(4) Direct cooperation between and
coordination of services and staff of this emergency
organization and resolve questions of authority and
responsibility that may arise between them;
(5) Represent the city in all dealings with
public or private agencies on matters pertaining to
emergencies as defined herein; and
(6) In the event of the proclamation of a
“local emergency” as herein provided, the
proclamation of a “state of emergency” by the
Governor or the existence of a “state of war
emergency,” the Director is further empowered:
(a) To make and issue rules and
regulations on matters reasonably related to the
protection of life and property as affected by such
emergency; provided, however, that such rules and
regulations are confirmed at the earliest practicable
time by the City Council;
(b) To obtain vital supplies, equipment
and such other properties found lacking and needed for
the protection of life and property and to bind the
jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of
any officer or employee and, in the event of the
proclamation of a “state of emergency” in the county
or the existence of a “state of war emergency,” to
command the aid of as many residents of the city as
may be necessary in the execution of duties; provided
that all such persons are given all privileges, benefits and immunities as are provided by state law for
registered disaster services workers;
(d) To requisition necessary personnel
or material of the departments or agencies; and
(e) To execute all ordinary power as
City Manager; all of the special powers conferred by
this chapter or by resolution or emergency plan
adopted pursuant to this chapter; all powers conferred
by any statute, by any agreement approved by the
Mayor and City Council and by any other lawful
authority.
(B) The Director shall designate the order of
succession to that office, to take effect in the event the Director is unavailable to attend meetings and
otherwise perform duties during an emergency. Such
order of succession shall be approved by the City
Council.
(C) The Assistant Director shall, under the
supervision of the Director and with the assistance of
the Chiefs of Emergency Services, develop emergency
plans, manage the emergency programs of the city and
have such other powers and duties as may be assigned
to him or her by the Director.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.100 EMERGENCY ORGANIZATION.
All officers and employees, together with those
volunteer forces enrolled to aid them during an
emergency, and all groups, organizations and persons
who may, by agreement or by operation of law,
including persons impressed into service under the
provisions of this chapter, be charged with duties
incident to the protection of life and property in the
city during such emergency, shall constitute the
emergency organization of the city.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
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§ 2.46.110 EXPENDITURES.
Any expenditure made in connection with
emergency activities, including mutual aid activities,
shall be deemed conclusively to be for the direct
protection and benefit of the inhabitants and property
of the city.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.120 VIOLATIONS.
It shall be a misdemeanor punishable by a fine not
to exceed $1,000 or by imprisonment not to exceed six
months, or both, for any person to, during an
emergency:
(A) Willfully obstruct, hinder or delay any
member of the emergency organization in the
enforcement of any lawful rule or regulation issued
pursuant to this chapter or in the performance of any
duty imposed upon him or her by virtue of this
chapter;
(B) Commit any act or omission forbidden by
any lawful rule or regulation issued pursuant to this
chapter, if such act or omission is of such nature as to give assistance to the enemy or imperil the lives or
property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof; and
(C) Wear, carry or display without proper
authority any means of identification specified by the
emergency agency of the state.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
§ 2.46.130 EXCESSIVE PRICE INCREASES
PROHIBITED.
(A) Upon the proclamation of a state of
emergency resulting from an earthquake, flood, fire,
civil unrest, storm or natural or human-made disaster
declared by the President of the United States or the
Governor, or upon the declaration of a local
emergency resulting from an earthquake, flood, fire,
civil unrest, storm or natural or human-made disaster,
and for a period of 30 days following such
proclamation or declaration, it shall be unlawful for
any person, contractor, business or other entity to sell or offer to sell any consumer food items or goods,
goods or services used for emergency cleanup,
emergency supplies or medical supplies, home heating
oil, building materials, housing, transportation, freight and storage services or gasoline or other motor fuels
for an amount that exceeds 10% of the price charged
by such person immediately prior to the proclamation
or declaration of emergency; provided, however, that
this prohibition shall not apply upon demonstration
that the increase in price is directly attributable to
additional costs imposed by the supplier of the goods
or additional costs of providing such goods or services during the state of emergency and the price represents
no more than 10% above the total of the cost to the
seller, plus the markup customarily applied by the
seller for such goods or services in the usual course of business immediately prior to the onset of the state of emergency.
(B) Upon the proclamation of a state of
emergency resulting from an earthquake, flood, civil
unrest or storm declared by the President of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood,
fire, civil unrest or storm, and for a period of 180 days following such proclamation or declaration, it shall be unlawful for a contractor to sell, or offer to sell, any repair or reconstruction services or any services used
in emergency cleanup for a price of more than 10%
above the price charged by that person for those
services immediately prior to the proclamation or
declaration of emergency. However, a greater price
increase shall not be unlawful if that person can
demonstrate that the increase in price is directly
attributable to the additional costs imposed by the
contractor’s supplier or to the additional costs of
providing the service during the state of emergency
and the price represents no more than 10% above the
total of the cost to the contractor, plus the markup
customarily applied by the contractor for such goods
or services in the usual course of business immediately prior to the onset of the state of emergency.
(C) Upon the proclamation of a state of
emergency resulting from an earthquake, flood, fire,
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civil unrest, storm or other natural disaster declared by the President of the United States or the Governor, or
upon the declaration of a local emergency resulting
from an earthquake, flood, fire, civil unrest, storm or other natural or human-made disaster, and for a period
of 30 days following such proclamation or declaration,
it shall be unlawful for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or
declaration of emergency, by more than 10%.
However, a greater price increase shall not be
unlawful if the owner or operator can demonstrate that
the increase in price is directly attributable to the
additional costs imposed on him or her for goods or
labor used in his or her business, to seasonal
adjustments in rates that are regularly scheduled or to previously contracted rates.
(D) The provisions of this section may be
extended for an additional 30-day period by the Mayor
and City Council if such extension is deemed
necessary to protect the lives, property or welfare of
the residents of the city.
(Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515,
passed 3-6-2019)
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CHAPTER 2.47: CENTRAL CITY ADVISORY BOARD
(Repealed by Ord. MC-1190, passed 11-2-2004)
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CHAPTER 2.48: STATE EMPLOYEES’ RETIREMENT SYSTEM
Section
2.48.010 Authorization of contract
2.48.020 Authority of Mayor to execute
contract
Statutory reference:
For provisions authorizing a city to contract with
the public employees’ retirement system, see
Cal. Gov’t Code, § 45345.
For provisions on the public employees’
retirement system generally, see Cal. Gov’t
Code, §§ 20000 et seq.
§ 2.48.010 AUTHORIZATION OF
CONTRACT.
A contract is authorized between the Mayor and
CommonCity Council of the city and the Board of
Administration, state employees’ retirement system; a
copy of said contract is attached to the ordinance
codified in this chapter and marked Exhibit A, and by
such reference made a part hereof as though herein set
out in full.
(Ord. 1734, passed 2-6-1945)
§ 2.48.020 AUTHORITY OF MAYOR TO
EXECUTE CONTRACT.
The Mayor of the city is authorized, empowered
and directed to execute said contract for and on behalf of said agency.
(Ord. 1734, passed 2-6-1945)
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CHAPTER 2.49: SENIOR AFFAIRS COMMISSION
(Repealed by Ord. MC-1458, passed 2-21-2018)
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CHAPTER 2.50: PERSONNEL COMMISSION
Section
2.50.010 Establishment
2.50.020 Appeals from disciplinary action
2.50.030 Secretary to the Personnel
Commission
2.50.040 Election of officers
2.50.050 Time and place of meetings
§ 2.50.010 ESTABLISHMENT.
The Personnel Commission as established in City
Charter, § 604 shall replace the Civil Service Board,
which is dissolved.
(Ord. 2449, passed 7-24-1962; Ord. 3074, passed
6-2-1970; Ord. 3150, passed 3-2-1971; Ord. 3226,
passed 1-4-1972; Ord. 3313, passed 12-7-1972; Ord.
3363, passed 8-9-1973; Ord. 3526, passed 9-10-1975;
Ord. 3551, passed 2-4-1976; Ord. 3676, passed
10-4-1977; Ord. MC-230, passed 12-21-1982; Ord.
MC-324, passed 12-6-1983; Ord. MC-631, passed
7-6-1988; Ord. MC-1447, passed 6-7-2017)
§ 2.50.020 APPEALS FROM DISCIPLINARY
ACTION.
Pursuant to City Charter, § 604, the Personnel
Commission shall hear appeals from disciplinary
actions filed by city employees in the classified
service, subject to the provisions of the applicable
labor agreement, if any, and the personnel rules and
regulations, formerly known as the civil service rules
and regulations, as adopted by resolution of the Mayor
and City Council and as they may be amended from
time to time. The determination of the Personnel
Commission on such appeals shall be final.
(Ord. 2449, passed 7-24-1962; Ord. MC-1447, passed
6-7-2017)
§ 2.50.030 SECRETARY TO THE
PERSONNEL COMMISSION.
The administrative services officer, or such other
person as may be designated by the City Manager,
shall serve as Secretary to the Personnel Commission,
and shall be responsible for posting and mailing any
necessary hearing notices, issuing subpoenas for
hearings before the Personnel Commission and
keeping a record of the proceedings. The Personnel
Commission’s power of subpoena over persons and
records shall be enforceable by the courts. The City
Manager shall ensure that the Personnel Commission
is provided with such support as may be necessary to
conduct appeal hearings as required, including a legal
advisor as may be necessary.
(Ord. MC-1447, passed 6-7-2017)
§ 2.50.040 ELECTION OF OFFICERS.
The Commission shall annually elect one of its
members as chair and one as vice chair.
(Ord. MC-1447, passed 6-7-2017)
§ 2.50.050 TIME AND PLACE OF MEETINGS.
The Commission shall hold regularly noticed
meetings as required to hear disciplinary appeals, and
may hold special meetings at the call of the Chair or a majority of the members of the Commission.
(Ord. MC-1447, passed 6-7-2017)
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CHAPTER 2.52: CITY HALL
Section
2.52.010 Hours of business
§ 2.52.010 HOURS OF BUSINESS.
The City Hall shall be open to the public for the
transaction of business between the hours of 7:30 a.m.
and 4:30 p.m. daily, except on Saturdays, Sundays
and those city holidays designated by resolution of the Mayor and CommonCity Council.
(Ord. 2135, passed 8-21-1956; Ord. 3541, passed
11-26-1975; Ord. 3921, passed 2-25-1980)
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CHAPTER 2.54: HOLIDAYS
Section
2.54.010 Saturday
Statutory reference:
For provisions authorizing cities to declare
Saturdays as holidays as respects the
transaction of government business, see Cal.
Gov’t Code, § 6704.
§ 2.54.010 SATURDAY.
In accordance with the provisions of the Cal.
Gov’t Code, § 6704, it is declared and provided that
every Saturday is a holiday as respects the transaction of business in the public offices of the city, excepting that such provisions shall not be applicable to the
Water, Police or Fire Departments or the essential
public services rendered by said departments.
(Ord. 1811, passed 10-7-1947; Ord. MC-1220, passed
3-20-2006)
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CHAPTER 2.55: LOCAL CAMPAIGN FINANCE REGULATIONS
Section
2.55.010 Pay-to-play restrictions
2.55.020 Enforcement
2.55.030 Campaign contribution limits to
city elective office candidates
§ 2.55.010 PAY-TO-PLAY RESTRICTIONS.
(A) Definitions. For the purpose of this section,
the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRIBUTION. Includes contributions to
candidates and committees in federal, state or local
elections.
ELECTED OFFICIAL. Any elected official
of the city, including the Mayor and all City Council
members.
LICENSE, PERMIT, CONTRACT or
OTHER ENTITLEMENT FOR USE. All business,
professional, trade and land use licenses and permits
and all other entitlements for use, including all
entitlements for land use, all contracts (other than
competitively bid, labor or personal employment
contracts) and all franchises.
PARTICIPANT. Any person who is not a
party but who actively supports or opposes a particular decision in a proceeding involving a license, permit or other entitlement for use and who has a financial
interest in the decision, as described in Cal. Gov’t
Code, Title 9, Chapter 7, Article 1 (commencing with
§ 87100). A person actively supports or opposes a
particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency,
testifies in person before the agency or otherwise acts to influence officers of the agency.
PARTY. Any person who files an application
for, or is the subject of, a proceeding involving a
license, permit or other entitlement for use.
(B) Prohibition on soliciting and accepting
certain contributions. No elected official shall accept, solicit or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a
license, permit, contract or other entitlement for use is pending before the city and for three months following
the date a final decision is rendered in the proceeding if the elected official knows or has reason to know that the participant has a financial interest, as that term is used in Cal. Gov’t Code, Title 9, Chapter 7, Article 1
(commencing with § 87100). This prohibition shall
apply regardless of whether the elected official
accepts, solicits or directs the contribution for himself or herself, or on behalf of any other officer, or on
behalf of any candidate for office or on behalf of any
committee.
(C) Elected official disclosure requirements.
Prior to rendering any decision in a proceeding
involving a license, permit, contract or other
entitlement for use pending before the city, each
elected official who received a contribution since his
or her last State Fair Political Practices Commission
(“FPPC”) Form 460 Filing (Recipient Committee
Campaign Statement) in an amount of more than $250
from a party or from any participant shall disclose that fact on the record of the proceeding.
(D) Application to candidates. Contributions
made to candidates for elective office shall subject the 103
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candidate to the disclosure provision of division (C)
above should the candidate be subsequently elected.
Candidates who have become the Council
Member-Elect or Mayor-Elect, but who have not yet
been sworn in, shall be subject to the prohibition of
division (B) above.
(E) Applicant restrictions. A party to a
proceeding before the city, involving a license, permit, contract or other entitlement for use, shall disclose on the record of the proceeding any contribution in an
amount of more than $250 made since their last FPPC
Form 460 Filing (Recipient Committee Campaign
Statement) by the party, or his or her agent, to any
elected official. No party, or his or her agent, to a
proceeding involving a license, permit or other
entitlement for use pending before the city and no
participant, or his or her agent, in the proceeding shall make a contribution of more than $250 to any elected
official during the proceeding and for three months
following the date a final decision is rendered by the
city in the proceeding. When a closed corporation is a
party to, or a participant in, a proceeding involving a license, permit or other entitlement for use pending
before the city, the majority shareholder is subject to the disclosure and prohibition requirements herein.
(Ord. MC-1558, passed 6-2-2021)
§ 2.55.020 ENFORCEMENT.
The city designates the California Fair Political
Practices Commission (“FPPC”) as the enforcement
agency for this chapter. The city shall provide to the
FPPC twice, annually, data for all licenses, permits or other entitlements for use, as defined in § 2.55.010.
The FPPC will cross-reference the data received from
the city against the most recent FPPC Form 460 Filing
(Recipient Committee Campaign Statement) of each
elected official who has received contributions equal to or exceeding $2,000 as shown on the most recent
FPPC Form 460 Filing. As set forth in Cal. Gov’t
Code, § 83116, the FPPC shall have prosecutorial
discretion to enforce this chapter and may discipline an elected official for violating this chapter, including, but not limited to, requiring the elected official to pay a monetary fine.
(Ord. MC-1558, passed 6-2-2021)
§ 2.55.030 CAMPAIGN CONTRIBUTION
LIMITS TO CITY ELECTIVE OFFICE
CANDIDATES.
(A) A person shall not make to a candidate for
elective city office, and a candidate for elective city office shall not accept from a person, a contribution
totaling more than $4,900.
(B) On January 1, 2023, and every
odd-numbered year thereafter, the limit set forth in
division (A) above shall be adjusted to reflect any
increase or decrease in the Consumer Price Index in
the same manner as the Fair Political Practices
Commission adjusts the limits under Cal. Gov’t Code,
§ 85301(d) or any successor provision.
(C) Nothing in this section shall be deemed to
exempt any person from complying with applicable
provisions of any other laws of this state.
(Ord. MC-1573U, passed 2-16-2022)
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CHAPTER 2.56: ELECTIONS
Section
2.56.001 Law governing municipal
elections
2.56.010 Dates of election
2.56.020 Filing fee
2.56.030 Elections official
2.56.040 Results of primary election
2.56.050 Seating of officials elected
2.56.060 Filling a vacancy in the office of
the Mayor
2.56.070 Filling a vacancy of a Council
seat
2.56.080 Fiscal analysis of measure
2.56.090 Reserved
2.56.100 Reserved
2.56.105 Reserved
2.56.110 Reserved
2.56.120 Reserved
2.56.130 Reserved
2.56.140 Reserved
2.56.142 Reserved
2.56.143 Reserved
2.56.144 Reserved
2.56.146 Reserved
2.56.148 Reserved
2.56.150 Reserved
2.56.160 Reserved
2.56.170 Reserved
2.56.171 Reserved
2.56.173 Reserved
2.56.175 Reserved
2.56.180 Reserved
2.56.190 Reserved
2.56.195 Reserved
Cross-reference:
For Charter provisions on elections, see Charter,
Arts. II and VII.
Statutory reference:
For provisions on notice of elections, see Cal.
Election Code, §§ 10100 et seq.
§ 2.56.001 LAW GOVERNING MUNICIPAL
ELECTIONS.
City elections shall follow the provisions and
procedures of the California Elections Code as
applicable to general law cities, except as provided in the Charter or in this chapter.
(Ord. MC-268, passed 4-26-1983; Ord. MC-476,
passed 9-24-1985; Ord. MC-478, passed 9-24-1985;
Ord. MC-1318, passed 10-20-2009; Ord. MC-1453,
passed 1-17-2018)
§ 2.56.010 DATES OF ELECTION.
(A) Beginning in 2018, primary elections in the
city shall be held in consolidation with the statewide
primary election. Beginning in 2020, primary elections
in the city shall be held in consolidation with the
statewide primary election and every two years
thereafter.
(B) Beginning in 2018, general elections in the
city shall be held in consolidation with the statewide
general election and every two years thereafter.
(C) In 2018, and every four years thereafter, the
following offices will be elected and seated: Mayor,
members of the City Council from the First Ward, the
Second Ward and the Fourth Ward.
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(D) In 2020, and every four years thereafter, the
following offices will be elected and seated: members
of the City Council from the Third Ward, the Fifth
Ward, the Sixth Ward and the Seventh Ward.
(Ord. 2048, passed 10-5-1954; Ord. 3448, passed
10-30-1974; Ord. 3601, passed 9-7-1976; Ord.
MC-934, passed 3-9-1995; Ord. MC-1318, passed
10-20-2009; Ord. MC-1453, passed 1-17-2018)
§ 2.56.020 FILING FEE.
The filing fee for nomination papers or for
supplemental nomination papers shall be $25. No
nomination papers or supplemental nomination papers
shall be filed except upon proof of said payment. The
filing fee(s) shall not be refunded in the event the
candidate fails to qualify as a candidate.
(Ord. 2048, passed 10-5-1954; Ord. 3601, passed
9-7-1976; Ord. MC-1318, passed 10-20-2009; Ord.
MC-1453, passed 1-17-2018)
§ 2.56.030 ELECTIONS OFFICIAL.
The City Clerk shall serve 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 as those duties may
be carried out by the county elections official for
consolidated elections.
(Ord. 2048, passed 10-5-1954; Ord. 2779, passed
11-8-1966; Ord. 3792, passed 12-20-1978; Ord.
MC-1318, passed 10-20-2009; Ord. MC-1453, passed
1-17-2018)
§ 2.56.040 RESULTS OF PRIMARY
ELECTION.
(A) In the event that any candidate receives a
majority of the votes cast for an office at the primary election, that candidate shall be elected to the office, and shall be seated following certification of the
general election results.
(B) In the event no candidate receives a majority
of the votes cast for an office in the primary election, the two candidates receiving the highest number of
votes for the office shall be the candidates for that
office whose names shall appear on the ballots to be
used at the general municipal election.
(C) In the case of a tie vote among candidates at
a primary election for a voter-nominated office, all
candidates receiving the highest number of votes cast
for any candidate shall be candidates at the ensuing
general election, whether or not there are more
candidates at the general election than prescribed by
this chapter.
(D) If only one candidate receives the highest
number of votes cast but there is a tie vote among two
or more candidates receiving the second highest
number of votes cast, each of those second-place
candidates shall be a candidate at the ensuing general
election along with the candidate receiving the highest number of votes cast, regardless of whether there are
more candidates at the general election than prescribed by this chapter.
(Ord. 2048, passed 10-5-1954; Ord. 3271, passed
6-28-1972; Ord. MC-852, passed 11-3-1992; Ord.
MC-1318, passed 10-20-2009; Ord. MC-1453, passed
1-17-2018)
§ 2.56.050 SEATING OF OFFICIALS
ELECTED.
The Mayor and City Council members elected in
each election shall be sworn in and begin their term of service upon certification of the general election
results, and shall serve until their successors qualify. (Ord. 2048, passed 10-5-1954; Ord. 2429, passed
3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord.
MC-1453, passed 1-17-2018)
§ 2.56.060 FILLING A VACANCY IN THE
OFFICE OF THE MAYOR.
In the event of a vacancy in the office of the
Mayor, the City Council shall, within 60 days from
the commencement of the vacancy, either fill the
vacancy by appointment pursuant to the provisions
applicable to general law cities, including, but not
limited to, the term of the appointment, or call a
special election in compliance with the provisions of
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Cal. Gov’t Code, § 36512 and Cal. Elections Code, §§
1002 and 12001.
(Ord. 2048, passed 10-5-1954; Ord. 2429, passed
3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord.
MC-1453, passed 1-17-2018)
§ 2.56.070 FILLING A VACANCY OF A
COUNCIL SEAT.
In the event of a vacancy in a Council seat, the
City Council shall, within 60 days from the
commencement of the vacancy, either fill the vacancy
by appointment pursuant to the provisions applicable
to general law cities, including, but not limited to, the term of the appointment, or call a special election in
compliance with the provisions set forth in Cal. Gov’t
Code, § 36512 and Cal. Elections Code, §§ 1002 and
12001.
(Ord. 2048, passed 10-5-1954; Ord. 3306, passed
10-24-1972; Ord. MC-852, passed 11-3-1992; Ord.
MC-1318, passed 10-20-2009; Ord. MC-1453, passed
1-17-2018)
§ 2.56.080 FISCAL ANALYSIS OF MEASURE.
Whenever any city measure qualifies for a place
on the ballot, the Mayor and City Council may direct
designated city officers to prepare an initial fiscal
analysis of the measure showing the amount of any
increase or decrease in revenue or cost to the city. The fiscal analysis shall be printed preceding the arguments for and against the measure. If a City Attorney’s
analysis has also been directed pursuant to the Cal.
Elections Code, § 9280, the City Attorney’s analysis
and the fiscal analysis shall be separately set forth.
(Ord. 2048, passed 10-5-1954; Ord. 2429, passed
3-27-1962; Ord. 3601, passed 9-7-1976; Ord.
MC-1318, passed 10-20-2009; Ord. MC-1453, passed
1-17-2018)
§ 2.56.090 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018 and
Ord. MC-1318, passed 10-20-2009)
§ 2.56.100 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.105 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.120 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.130 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.142 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.143 RESERVED.
[Reserved]
(Repealed by Ord. MC-1318, passed 10-20-2009)
§ 2.56.144 RESERVED.
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110 San Bernardino - Administration and Personnel
[Reserved]
(Repealed by Ord. MC-1318, passed 10-20-2009)
§ 2.56.146 RESERVED.
[Reserved]
(Repealed by Ord. MC-1318, passed 10-20-2009)
§ 2.56.148 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.150 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.160 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.170 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.171 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.173 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.175 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.180 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.190 RESERVED.
[Reserved]
(Repealed by Ord. MC-1453, passed 1-17-2018)
§ 2.56.195 RESERVED.
[Reserved]
(Repealed by Ord. MC-1318, passed 10-20-2009)
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CHAPTER 2.57: ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL
PRACTICES COMMISSION FORMS
Section
2.57.010 Fair Political Practices
Commission Form 460
§ 2.57.010 FAIR POLITICAL PRACTICES
COMMISSION FORM 460.
Any person required to file a Fair Political
Practices Commission Form 460 by Cal. Gov’t Code,
§§ 84100 et seq. shall file the Form 460 online or
electronically with the City Clerk. Any form filed
electronically with the City Clerk shall not be required to be filed in paper format.
(Ord. MC-1394, passed 12-16-2013)
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CHAPTER 2.58: MEETINGS
Section
2.58.010 Meetings of the Mayor and City
Council
2.58.020 Meetings of boards, commissions
and committees
2.58.030 City Council conduct - generally
2.58.040 Mayor’s conduct - generally
2.58.050 Conduct at meetings and relating
to city business
2.58.060 Prohibiting disruptive conduct at
meetings
2.58.070 Willful disruptions of meetings of
the Mayor and City Council
2.58.080 Holidays
2.58.090 Familiarity with Ralph M. Brown
Act required
2.58.100 Continuances; fee
2.58.110 Public participation in meetings
of the Mayor and City Council
2.58.120 Quasi-judicial hearings
§ 2.58.010 MEETINGS OF THE MAYOR AND
CITY COUNCIL.
(A) (1) Regular meetings of the Mayor and City
Council shall be held on the first and third
Wednesdays of each month at the Bing Wong Lecture
Hall, Feldheym Central Library, 555 West 6th Street,
San Bernardino, California, or such other location
within the city as may be properly noticed. The time
of regular meetings shall beset forth in a resolution
adopted by a majority vote of the membership of the
Council.
(2) Special meetings of the Mayor and City
Council may be called by the Mayor, called by four
members of the Council or scheduled by the City
Manager in accordance with the Brown Act and may
be held at any location within the city boundaries as
specified in the special meeting notice to the public.
(B) The City Council, as the elected body
serving all of the residents of the city, shall perform its duties and exercise its powers in a manner that serves
the best interests of the entire city, rather than any
particular geographic area or special interest. All
meetings of the Mayor and City Council shall be held
in accordance with the Brown Act.
(Ord. 2284, passed 2-24-1960; Ord. 3652, passed
7-15-1977; Ord. MC-98, passed 9-15-1981; Ord.
MC-715, passed 4-2-1990; Ord. MC-883, passed
9-8-1993; Ord. MC-1134, passed 12-4-2002; Ord.
MC-1388, passed 6-3-2013; Ord. MC-1438, passed
4-17-2017; Ord. MC-1511, passed 2-6-2019; Ord.
MC-1626, passed 2-21-2024)
Statutory reference:
Ralph M. Brown Act, see Cal. Gov’t Code,
§§ 54950 through 54963
§ 2.58.020 MEETINGS OF BOARDS,
COMMISSIONS AND COMMITTEES.
The dates, times and places of regular meetings of
all boards, commissions and committees of the city
shall be set forth in one or more ordinances or
resolutions of the Mayor and City Council.
(Ord. 3638, passed 4-20-1977; Ord. MC-184, passed
7-7-1982; Ord. MC-1438, passed 4-17-2017)
§ 2.58.030 CITY COUNCIL CONDUCT -
GENERALLY.
As provided in the City Charter, § 302, the City
Council and Mayor are required to implement a code
of conduct to guide their interactions and create
accountability. In accordance with the City Charter,
§ 302, the members of the City Council shall conform
their conduct to the following rules.
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(A) The role of the City Council is legislative in
character, which includes the power to set policy,
approve contracts and agreements not within the
authority of the City Manager, or his or her
subordinates, and undertake other obligations
consistent with the Charter and code, while deferring
to the discretion of management and staff to choose the appropriate means to achieve the Council’s goals.
(B) The City Council, as the elected body
serving all of the residents of the city, shall perform its duties and exercise its powers in a manner that serves
the best interests of the entire city, rather than any
particular geographic area or special interest.
(Ord. MC-390, passed 7-9-1984; Ord. MC-1438,
passed 4-17-2017)
§ 2.58.040 MAYOR’S CONDUCT -
GENERALLY.
(A) The Mayor will build consensus with the
City Council to create and implement a shared vision
and plan of implementation to restore the city’s fiscal integrity.
(B) The Mayor will establish and maintain
partnerships and regional leadership roles to advance
the city’s interest.
(C) The Mayor will be the chief spokesperson
for the city.
(D) The Mayor will be the presiding officer at
meetings of the City Council and willfully participate
in discussions.
(E) The Mayor will work with the City Council
and City Manager to coordinate goal setting and the
performance evaluation of the City Manager.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.050 CONDUCT AT MEETINGS AND
RELATING TO CITY BUSINESS.
(A) The residents and businesses of the city are
entitled to have fair, ethical and accountable local
government which has earned the public’s full
confidence for integrity. The city will operate in an
open, honest and transparent manner.
(B) To this end, the Mayor and City Council will
adhere to the following code of conduct to assure
public confidence in the integrity of local government, its effective operations and fair treatment of people.
(1) The professional and personal conduct
of the Mayor and City Council must be above
reproach and avoid the appearance of impropriety. The
Mayor and members of the City Council shall refrain
from abusive conduct, personal or verbal attacks upon
the character or motives of each other, the staff or the public.
(2) The Mayor and members of the City
Council shall perform their duties in accordance with
the procedural rules for meetings, established by them, in governing the deliberation of public policy issues,
involvement of the public and the implementation of
policy decisions of the Mayor and City Council by city
staff.
(3) The Mayor and City Council shall
prepare themselves for public issues, listen courteously and attentively to all public discussions before the
body; and focus on the business at hand. They shall
refrain from interrupting other speakers, making
personal comments not germane to the business of the
body or otherwise interfering with the orderly conduct
of meetings.
(4) The Mayor and City Council shall base
their decisions on the merits and substance of the
matter at hand, rather than on unrelated
considerations.
(5) The Mayor and City Council shall
publicly share substantive information that is relevant to the matter under their consideration, which they
may have received from sources outside of the public
decision-making process.
(6) In order to assure their independence
and impartiality on behalf of the common good, the
Mayor and City Council shall not use their official
positions to influence government decisions in which
they have a material financial interest; or where they
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Meetings 115
have an organizational responsibility or personal
relationship which may give the appearance of a
conflict of interest.
(7) The Mayor and City Council shall not
take any special advantage of services or opportunities for personal gain, by virtue of their public office, that is not available to the public in general. They shall
refrain from accepting any gifts, favors or promises of future benefits which might compromise their
independence of judgment or action, or give the
appearance of being compromised.
(8) The Mayor and City Council shall
respect the confidentiality of information concerning
the property, personnel or affairs of the city. They
shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private
interest.
(9) The Mayor and City Council shall not
use public resources that are not available to the public in general, such as city staff time, equipment, supplies or facilities for private gain or personal purposes.
(10) The Mayor and City Council shall
refrain from using their position to unduly influence
the deliberations or outcomes of commission
proceedings.
(11) The Mayor and City Council will not
divert management from the approved priorities with
issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and City
Council. The Council will come to consensus
regarding major issues that need further exploration
and analysis so as to judiciously give direction to the City Manager and his or her staff. This language does
not prohibit the Mayor, Council members, City
Attorney or City Clerk from bringing information
forward and discussing it with the City Manager
and/or staff.
(12) When the Mayor and City Council have
not taken a position on an issue, neither the Mayor nor any Council member should speak on behalf of the
Mayor and City Council. When presenting their
individual opinions and positions, Council members
should explicitly state that they do not represent their body, the city, nor should they encourage the inference that they do. After a decision is made, the Mayor
serves as the spokesperson for the city’s view on
policy matters; the City Council should speak with
“one voice.”
(13) The Mayor and City Council shall
support the maintenance of a positive and constructive
work place environment for city employees and for
residents and businesses dealing with the city. The
Mayor and City Council shall recognize their special
role in dealings with city employees and in no way
create the perception of inappropriate direction to
staff.
(14) With respect to communications with
the City Manager and staff, the following apply.
(a) Unless it is a simple inquiry, the
Mayor or members of the City Council will contact the
City Manager before going to department heads.
(b) When contacting department
directors through e-mail, the Mayor and Council
members will copy the City Manager as a courtesy.
(c) The City Manager will ensure that
the Mayor and City Council are proactively informed
on major policy issues or issues that may attract media or public attention; likewise, the Mayor and City
Council members will give the City Manager notice if
he or she learns of issues of concern.
(d) The Mayor, City Council, City
Manager and staff will not blindside each other in
public.
(e) Council members are encouraged
to submit questions on agenda items to the City
Manager as far in advance of the meeting as possible
so that staff can be prepared to respond at the meeting. (f) The Mayor and City Council will
refer citizen complaints to staff and give them
adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions
of these complaints.
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(g) The Mayor and Council members
will be provided with information from staff and other
members on an equal basis so that they are equally
prepared to make good decisions.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.060 PROHIBITING DISRUPTIVE
CONDUCT AT MEETINGS.
The Mayor or any member of the City Council
shall not engage in disorderly or disruptive conduct in the presence of the City Council at public meetings,
which conduct actually disrupts, disturbs or impedes
the City Council meeting. The City Council shall have
power to punish the Mayor or any of its members for
disorderly or disruptive conduct in its presence after
first providing notice of the prohibited behavior and an opportunity to be heard. The fine shall not exceed the
sum of $50.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.070 WILLFUL DISRUPTIONS OF
MEETINGS OF THE MAYOR AND CITY
COUNCIL.
(A) The purpose of the meetings of the Mayor
and City Council is to conduct the people’s business in an efficient and orderly fashion for the benefit of all the people. That purpose is disrupted by conduct,
including oral statements at meetings, that unduly
prolongs the proceedings by being overly repetitious or exceeding the allotted time, diverts attention from the matter before the Mayor and City Council by raising
or addressing irrelevant matters or is directed at or to the audience, the Mayor, individual City Council
members or members of city staff individually rather
than to the Mayor and City Council as governing body
of the city or the city as a whole.
(B) Accordingly, in the event that any meeting of
the Mayor and City Council is willfully disrupted by
a person or group of persons so as to actually impair
the orderly conduct of the meeting, the members of the
City Council may proceed pursuant to Cal. Gov’t
Code, § 54957.9, or any applicable penal statute or
ordinance. For the purposes of this section,
WILLFULLY DISRUPT includes, but is not limited
to, continuing to do any of the following after being
warned by the presiding officer to desist from such
conduct:
(1) Addressing the Mayor and City Council
without first being recognized by the presiding officer; (2) Persisting in addressing a subject or
subjects, other than that before the Mayor and City
Council;
(3) Repetitiously addressing the same
subject;
(4) Failing to relinquish the podium when
directed to do so by the presiding officer;
(5) From the audience, interrupting, or
attempting to interrupt, a speaker, the Mayor, a City
Council member or a staff member, or shouting or
attempting to shout over a speaker, the Mayor, a City
Council member or a staff member;
(6) As a speaker, interrupting or attempting
to interrupt the Mayor, a City Council member or a
staff member, or shouting over, or attempting to shout
over, the Mayor, a City Council member or a staff
member;
(7) As a speaker, continuing to speak after
being advised that the allotted time has expired;
(8) As a speaker, addressing the audience
rather than the Mayor and City Council;
(9) Making personal, impertinent or
slanderous remarks to a speaker, the Mayor, a City
Council member, a staff member or the general
public, which actually impairs the orderly conduct of
the meeting; and
(10) Uttering loud, threatening, personal or
abusive language, or profanity, to a speaker, the
Mayor, a City Council member, a staff member or the
general public which actually impairs the orderly
conduct of the meeting.
(C) It shall be unlawful to violate any provision
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the Council shall be construed to prohibit public
criticism of the policies, procedures, programs or
services of the city or any of the acts or omissions of the Mayor and City Council. Nothing in this section
shall confer any privilege or protection for expression beyond that otherwise provided by law.
(D) If any division, sentence, clause, phrase or
word of this section is for any reason held to be
invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this
section. The Mayor and City Council declare that they
would have enacted this section and each division,
sentence, clause, phrase and word thereof, irrespective of the fact that any one or more divisions, sentences,
clauses, phrases or words had been declared invalid or
unconstitutional.
(Ord. MC-1438, passed 4-17-2017; Ord. MC-1478,
passed 4-4-2018)
§ 2.58.080 HOLIDAYS.
In the event the date of a meeting falls on a city
holiday, the next business day following such holiday
shall be the meeting date, at the same time and place,
except as determined by the City Council.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.090 FAMILIARITY WITH RALPH M.
BROWN ACT REQUIRED.
The clerk or secretary of each board, commission
and committee shall review and be familiar with the
provisions of the Ralph M. Brown Act, Cal. Gov’t
Code, §§ 54950 et seq.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.100 CONTINUANCES; FEE.
(A) Any person, firm, corporation or other entity
having an appeal or other item on the agenda of the
Mayor and City Council may request a continuance of
such item by submitting a request therefor to the City
Clerk prior to the item being heard. Such request must
be accompanied by a processing fee established by
resolution of the Mayor and City Council. The
granting of a continuance shall be subject to the
complete discretion of the Mayor and City Council
taking all of the facts and circumstances of the matter into consideration. If the request for continuance is
received by telephonic communication or other means
where the requester is not present, the continuance
may be granted subject to the receipt of the processing fee prior to the new agenda date. Should the request
for a continuance be denied, any processing fee paid
shall be returned upon application made by the payor
within 90 days. Any subsequent request for a
continuance shall require an additional fee.
(B) The fee provided for by the ordinance
incorporated in this chapter and set by any resolution
adopted pursuant thereto shall not apply to any
continuance requested by the city, any department or
officer thereof or by any agency or other entity which
is funded primarily by the city.
(Ord. MC-1438, passed 4-17-2017)
§ 2.58.110 PUBLIC PARTICIPATION IN
MEETINGS OF THE MAYOR AND CITY
COUNCIL.
(A) The Mayor and City Council may, by
resolution, adopt reasonable regulations, including
time limits, for:
(1) Public comments for items on the
agenda;
(2) Public comments for items not on the
agenda; and
(3) Public testimony during public hearings.
(B) Notwithstanding the time limits on public
comments and public testimony adopted by resolution,
the presiding officer may lengthen or shorten the time
limits afforded if the presiding officer determines such change is necessary for the efficient conduct of the
meeting or the proper consideration of a complicated
matter.
(Ord. MC-1478, passed 4-4-2018)
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§ 2.58.120 QUASI-JUDICIAL HEARINGS.
The Mayor and City Council may, by resolution,
adopt rules of procedure for the conduct of
quasi-judicial hearings.
(Ord. MC-1478, passed 4-4-2018)
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CHAPTER 2.60: DISCLOSURE OF FINANCIAL INTERESTS
(Repealed by Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.62: FILING OF OFFICIAL BONDS
Section
2.62.010 Amount
2.62.020 Blanket position bond
Cross-reference:
For Charter provisions on official bonds, see
City Charter, § 509
§ 2.62.010 AMOUNT.
(A) The following officers of the city, before
entering upon the discharge of their official duties, and within 20 days after notice of their election or
appointment, shall severally execute to the city an
official faithful performance bond in the following
penal sums:
(1) Mayor, $1,000;
(2) Each member of the CommonCity
Council, $1,000;
(3) City Clerk, $1,000;
(4) City Attorney, $1,000;
(5) Each member of the Board of Water
Commissioners, $1,000; and
(6) City Treasurer, $100,000.
(B) The City Treasurer, in addition to his or her
official bond in the penal sum of $100,000, shall
execute to the city an additional bond in the penal sum of $25,000, which additional bond shall be known as
the Treasurer’s Trust Fund Bond and shall be
conditioned for the payment by the Treasurer to any
person, firm or corporation lawfully entitled thereto,
of all monies received by the Treasurer, his or her
deputies, clerks and attaches, under or pursuant to the provisions of the Improvement Act of 1911, or any
other special assessment, law or act, by the provisions of which monies, other than monies belonging to the
city, are payable to the City Treasurer for
disbursement to any person, firm or corporation, other
than the city, and which Trust Fund Bond shall, by its
provisions, be made to enure to the benefit of, and
provide that an action may be maintained thereon by,
any person, firm or corporation entitled to receive
money from the Treasurer under the aforesaid laws.
(Ord. 2934, passed 8-20-1968)
Statutory reference:
Ralph M. Brown Act, see Cal. Gov’t Code,
§§ 54950 through 54963
§ 2.62.020 BLANKET POSITION BOND.
(A) For each employee of the city, except
employees in the City Municipal Water Department,
a blanket position bond shall be provided,
indemnifying the city against any and all fraudulent or dishonest acts and failure of performance of official
duties, including false arrest by Police Department
employees and failure to account properly for any and
all monies or property received by virtue or authority
of any position or employment, of or by any
employee, acting alone or in collusion with others.
The bond shall comply with the provisions of all other
ordinances of the city applicable thereto and shall be
in the following amounts for the employment
indicated: Chief of Police, $5,000; Chief Deputy City
Treasurer, $90,000 and all other staff members of or
assigned to the Treasurer’s office, $20,000; City
Manager, $10,000; Director of Finance and
Management Services, $10,000; purchasing agent,
$10,000; and all other employees, $2,500 each.
(B) The words EMPLOYEE or EMPLOYEES,
as used in this section, means and includes those
officers, employees and other subordinates of the city
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who are not otherwise required by ordinance or law to
furnish an individual bond to qualify for office or
employment.
(Ord. 2934, passed 8-20-1968; Ord. 3383, passed
10-17-1973; Ord. MC-1625, passed 2-21-2024)
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CHAPTER 2.64: APPEALS TO COMMONCITY COUNCIL
Section
2.64.010 Purpose
2.64.020 When procedure not applicable
2.64.030 Filing notice of appeal
2.64.040 Notice of appeal - time limit
2.64.050 Notice of appeal - contents
2.64.060 Action by the City Clerk
2.64.070 Consideration by Council
2.64.080 Judicial review
§ 2.64.010 PURPOSE.
The purpose of the appeal procedure prescribed in
this chapter is to provide a general method of
recourse, in any instance where an appeal to the
CommonCity Council is not otherwise prescribed by
code or other ordinance of the city, available in the
event any person is aggrieved by or dissatisfied with
any order, requirement, permit, decision or
determination made by a city officer, official or
department head or by an administrative body of the
city in the administration or enforcement of any
provision of any local ordinance, code, rule or
regulation.
(Ord. 2622, passed 11-17-1964)
§ 2.64.020 WHEN PROCEDURE NOT
APPLICABLE.
The appeal procedure prescribed in this chapter
shall not apply when other provisions of this code, an
ordinance or resolution provides a method of appeal to
a board, commission, committee, a public body or
employee in specific cases, and shall not apply to law
enforcement activities involving ordinances or state
law, or to the decisions of the Civil Service Board.
These procedures shall apply to any and all appeals to
the CommonCity Council authorized in this chapter or
in other provisions of the code unless expressly
otherwise provided.
(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed
9-18-1984)
§ 2.64.030 FILING NOTICE OF APPEAL.
Except as provided in § 2.64.020, any person
aggrieved by, dissatisfied with or excepting to any
action, denial, order, requirement, permit, decision or determination made or issued by a city officer, official or department head or by an administrative board,
commission, body or other agency of the city,
pursuant to the provisions of any ordinance, code, rule or regulation of the city, may appeal therefrom by
filing a written notice of appeal with the City Clerk,
directed to the CommonCity Council.
(Ord. 2622, passed 11-17-1964)
§ 2.64.040 NOTICE OF APPEAL - TIME
LIMIT.
Any such notice of appeal shall not be valid and
shall not be acted upon unless filed within 15 days
after the date of the action or decision appealed from.
If notice of such action has not been provided in
writing, and the appellant had no notice of the hearing at which the action was to be considered, the appellant may, within five days after first becoming aware of
such action, demand written notice thereof, and shall
have ten days following such notice in which to file
the notice of appeal. A prospective appellant who was
present at the time the action or decision relating
thereto was made shall be presumed to have
constructive notice thereof and shall file a notice of
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appeal within 15 days after the date of the action or
decision.
(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed
9-18-1984)
§ 2.64.050 NOTICE OF APPEAL - CONTENTS.
(A) The notice of appeal shall be in writing and
shall set forth:
(1) The specific action appealed from;
(2) The specific grounds of appeal; and
(3) The relief or action sought from the
CommonCity Council.
(B) In the event any notice of appeal fails to set
forth any information required by this section, the City Clerk shall return the same to the appellant with a
statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in
which to perfect and refile his or her notice of appeal. (Ord. 2622, passed 11-17-1964; Ord. MC-410, passed
9-18-1984)
§ 2.64.060 ACTION BY THE CITY CLERK.
Upon the timely filing of a notice of appeal in
proper form, the City Clerk shall schedule the matter
promptly for public hearing upon the CommonCity
Council agenda for the first regularly scheduled
Council meeting following the sixth day after said
timely filing. City Clerk shall promptly give notice to the appellant and affected city parties of the setting of such public hearing.
§ 2.64.070 CONSIDERATION BY COUNCIL.
At the time of consideration of the appeal by the
CommonCity Council, all evidence and arguments
shall be received, but shall be limited to, the specific grounds of appeal and matters set forth in the notice of appeal. The appellant shall have the burden of
establishing cause why the action appealed from
should be altered, reversed or modified. The
department, agency, city officer, official or
department head whose action is being considered
shall have the opportunity to answer arguments made
and rebut any evidence so offered. The CommonCity
Council shall review the evidence, findings and record
relating to the decision or action. The CommonCity
Council may continue the matter from time to time,
and at the conclusion of its consideration may affirm,
reverse or modify the action appealed from and may
take any action which might have been legally taken in
the first instance by the person or entity from whose
action the appeal has been taken. In the ruling on the
appeal, the findings and action of the CommonCity
Council shall be final and conclusive in the matter.
(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed
9-18-1984)
§ 2.64.080 JUDICIAL REVIEW.
The Mayor and CommonCity Council shall take
all lawful steps to ensure that any appellant aggrieved by said decision of the CommonCity Council shall be
afforded prompt judicial review if such decision is
challenged in court.
(Ord. MC-1075, passed 6-21-2000)
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CHAPTER 2.65: SALE OF REAL PROPERTY
Section
2.65.010 Authority
2.65.020 Competitive bid
2.65.030 Negotiated purchase
2.65.040 Fair market value
2.65.050 Sales to public agencies
2.65.060 Terms
§ 2.65.010 AUTHORITY.
Pursuant to the provisions of the City Charter,
§ 40(a), real property owned by the city shall be sold
as provided in this chapter.
(Ord. MC-955, passed 12-19-1995)
§ 2.65.020 COMPETITIVE BID.
Real property with a fair market value of $25,000
or greater shall be sold by competitive bid to the
highest and best bidder, but the sales price shall not be less than the fair market value.
(Ord. MC-955, passed 12-19-1995)
§ 2.65.030 NEGOTIATED PURCHASE.
Real property with a fair market value of less than
$25,000 may be sold by negotiated purchase, but the
sales price shall not be less than the fair market value. (Ord. MC-955, passed 12-19-1995)
§ 2.65.040 FAIR MARKET VALUE.
For the purposes of this chapter, fair market value
shall be established by resolution of the Mayor and
CommonCity Council based on good and sufficient
evidence in the record. For the purposes of property
with a fair market value of $25,000 or more, GOOD
AND SUFFICIENT EVIDENCE shall mean and
include a formal appraisal performed by a licensed
appraiser who is not a city employee.
(Ord. MC-955, passed 12-19-1995)
§ 2.65.050 SALES TO PUBLIC AGENCIES.
Notwithstanding anything in this chapter to the
contrary, real property owned by the city may be sold
to another public agency without the need for
competitive bid, but the sales price shall not be less
than the fair market value.
(Ord. MC-955, passed 12-19-1995)
§ 2.65.060 TERMS.
A sales price may be a cash purchase or the city
may accept a note and deed of trust at the fair market
interest rate.
(Ord. MC-955, passed 12-19-1995)
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CHAPTER 2.66: CONTRACT OF INDEMNITY
Section
2.66.010 Corporation requirements
§ 2.66.010 CORPORATION REQUIREMENTS.
In all instances where, by the provisions of the
Charter, or any ordinance or resolution of the city, or by any law, any bond, undertaking, contract of
indemnity or insurance is required or provided for or
on behalf of the city or any board, department or
officer thereof, the same shall be executed by a
corporation organized under the laws of the United
States or under the laws of any state thereof, and
authorized to transact business in the state in
accordance with law, and such corporation shall have
a general policyholder’s rating in accordance with
Best’s Insurance Guide of “A” or higherA.M. Best
Company of no less than A:VIII and licensed to do
business in the state; provided, however, the
provisions of this section shall not apply in those
instances where by law the city is required to obtain
insurance or indemnity from the State Compensation
Fund or some like governmental entity.
(Ord. 821, passed 8-9-1921; Ord. 1918, passed
7-2-1951)
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CHAPTER 2.68: VACANCIES IN OFFICE
Section
2.68.010 Assumption of duties by highest
ranking department member
2.68.020 Temporary absence - assumption
of duties
2.68.030 Chapter inapplicable to Mayor
and members of CommonCity
Council
§ 2.68.010 ASSUMPTION OF DUTIES BY
HIGHEST RANKING DEPARTMENT
MEMBER.
In the event of a vacancy in the office of the head
of a department or division or other office of the city, the assistant, chief deputy or highest ranking officer in such department, division or office shall assume the
duties and powers of the department or division head
or officer as an assignment of such powers and duties
by the Mayor and CommonCity Council, except as
may be otherwise provided to the contrary by the
Charter, or by an ordinance, resolution or order of the Mayor and CommonCity Council. The performance of
such duties and powers by the assistant, chief deputy
or highest ranking officer of such department, division or office shall not entitle such officer to any additional salary, compensation or benefits as the head of the
department, division or office, except as may be
authorized pursuant to a resolution or ordinance of the city.
(Ord. 3770, passed 10-6-1978)
§ 2.68.020 TEMPORARY ABSENCE -
ASSUMPTION OF DUTIES.
In the temporary absence of the head of a
department, division or office, the assistant, chief
deputy or highest ranking officer of such department,
division or office shall assume the duties and powers
of the head of the department, division or office,
except as may be otherwise ordered by the head of
such department, division or office. The performance
of the duties and powers of the head of the
department, division or office by the assistant, chief
deputy or highest ranking officer shall be considered
an assignment of additional duties and powers, and
shall not entitle such assistant, chief deputy or highest ranking officer to any additional salary, compensation
or benefits while performing the duties and powers of
the head of the department, division or office, except
as may be authorized pursuant to resolution or
ordinance of the city.
(Ord. 3770, passed 10-6-1978)
§ 2.68.030 CHAPTER INAPPLICABLE TO
MAYOR AND MEMBERS OF COMMONCITY
COUNCIL.
This chapter shall be inapplicable to the offices of
the Mayor and members of the CommonCity Council.
(Ord. 3770, passed 10-6-1978)
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CHAPTER 2.70: SALE OF UNCLAIMED PROPERTY
Section
2.70.010 Definition
2.70.020 State statute adopted by reference
2.70.030 Sale at public auction
2.70.040 Proceeds of sale
2.70.050 Duty of Police Department
2.70.060 Sale of forfeited property
Statutory reference:
For provisions on lost and unclaimed property,
see Cal. Civil Code, §§ 2080 et seq.Code of
Civil Procedure, §§ 1500 et seq.
§ 2.70.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
UNCLAIMED PROPERTY. Includes any and all
lost, abandoned or unclaimed personal property of
whatsoever kind or character, but does not include
such property which is specifically ordered to be
destroyed by the provisions of the law nor to the
disposal of dogs, cats or livestock.
(Ord. 2121, passed 6-19-1956)
§ 2.70.020 STATE STATUTE ADOPTED BY
REFERENCE.
(A) Cal. Civil Code, §§ 2080, 2080.1 and
2080.2 are adopted by reference and made effective
and operative in the city. Any and all unclaimed
property now or hereinafter coming into the possession
of the Police Department shall be inventoried at least
every three months by the Chief of Police and a full
and complete list thereof shall be transmitted to the
City Manager.
(B) Any and all unclaimed property found by
city employees during the course of their employment
shall be delivered to the Police Department and shall
be disposed of in accordance with this chapter.
(Ord. 2121, passed 6-19-1956; Ord. 3273, passed
7-14-1972)
§ 2.70.030 SALE AT PUBLIC AUCTION.
(A) The City Manager, upon receipt of the list of
unclaimed property, shall determine therefrom the
unclaimed bicycles that have been held by the Police
Department for a period of at least three months and
all other unclaimed property that has been held at least four months, whereupon the City Manager shall cause
the unclaimed property so held to be sold at public
auction.
(B) Notice of such sale, describing the property
in sufficient detail for its identification, shall be
prepared by the City Manager, or his or her designee,
and the notice signed by the Chief of Police, which
notice of the sale shall be given at least five days
before the time fixed therefor by publication once in a newspaper of general circulation published in the city. (C) If, after five days following the publication
of the notice, no owner appears and proves his or her
ownership of the property and the person who found
or saved the property pays the cost of the publication, the title shall vest in the person who found or saved
the property unless the property was found in the
course of employment by an employee of the city in
which case the property shall be sold at public auction or transferred for the use of any department of the
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city. Title to the property shall not vest in the person who found or saved the property unless the cost of
publication is first paid to the City Treasurer prior to the sale at public auction.
(D) No city officer or employee shall directly or
indirectly submit a bid for the purchase of the
unclaimed property at the sale if he or she has
authorized, conducted or administered, or participated
in the preparation or conduct of the sale in his or her official capacity.
(E) The property so offered for sale shall be sold
to the highest bidder for cash or other form of payment that may be approved by the City Manager.
(Ord. 2121, passed 6-19-1956; Ord. 3273, passed
7-14-1972)
§ 2.70.040 PROCEEDS OF SALE.
The proceeds of the auction sale or sales shall
immediately be deposited with the City Treasurer and
placed in the General Fund thereof.
(Ord. 2121, passed 6-19-1956)
§ 2.70.050 DUTY OF POLICE DEPARTMENT.
It shall be the duty and responsibility of the Police
Department to safely keep any and all unclaimed
properties, subject to the right of the administrative
officer to sell such properties at public auction as
provided in this chapter, whereupon the property shall
then be delivered to the purchaser upon payment of the
purchase price.
(Ord. 2121, passed 6-19-1956)
§ 2.70.060 SALE OF FORFEITED PROPERTY.
(A) Property forfeited pursuant to 21 U.S.C.
§§ 881 et seq. and Cal. Health and Safety Code,
§§ 11488 et seq. that is released to the Police
Department for disposition may be sold at public
auction following the procedures set forth in
§ 2.70.030(B), (D) and (E).
(B) Proceeds from the sale of such forfeited
property shall be deposited in the Special Deposits
Fund of the city in a special account designated by the Director of Finance and Management Services and
thereafter be disbursed by the Department with the
authorization of the City Manager pursuant to the
applicable city procedures and state and/or federal
laws.
(Ord. MC-624, passed 5-4-1988; Ord. MC-1220,
passed 3-20-2006; Ord. MC-1625, passed 2-21-2024)
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CHAPTER 2.72: DEMANDS AGAINST CITY; PAYMENT
Section
2.72.010 Demands; payment; signature
§ 2.72.010 DEMANDS; PAYMENT;
SIGNATURE.
Drafts (warrants) or checks for payment of
approved demands against the city shall be signed by
the City Treasurer or such other city official as may be designated by resolution of the Mayor and
CommonCity Council and countersigned by the City
Clerk. Pursuant to the City Charter, § 135, this
provision shall prevail over any conflicting provisions of the general law.
(Ord. MC-47, passed 4-27-1981)
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CHAPTER 2.73: COLLECTION OF DEBTS
Section
2.73.010 Definition
2.73.020 Manner of collection - general
2.73.030 Manner of collection - collection
agency
§ 2.73.010 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
DEBT OWING TO THE CITY (sometimes
referred to as ACCOUNT or ACCOUNTS). The
amount of any unpaid judgment, fee, charge, fine,
penalty, tax, assessment or other sum of any nature
whatsoever, imposed on a person other than the city
pursuant to any provision of this municipal code. The
term includes all amounts encompassed in the
foregoing notwithstanding the separate or additional
classification of such amount that may be set forth in
the applicable provision of the municipal code. The
term includes all interest; accruals; administrative
fees; fees, including attorneys’ fees; penalties; and/or costs of collection associated with the original amount. § 2.73.020 MANNER OF COLLECTION -
GENERAL.
(A) Any debt owing to the city is subject to
recovery using any procedure for debt collection
permitted by law.
(B) The procedures set forth in this chapter are
in addition to and not in derogation of any other
provision for collection of a debt owing to the city.
(Ord. MC-1330, passed 8-3-2010)
§ 2.73.030 MANNER OF COLLECTION -
COLLECTION AGENCY.
(A) The City Manager may, with the approval of
the Mayor and CommonCity Council, contract for the
services of a collection agency to recover amounts due
as a debt owing to the city. If the election is made to use a collection agency, such use shall be consistent
with the provisions set forth herein. The City Manager
may delegate this authority among the departments of
the city as he or she may deem appropriate.
(B) Employment of a collection agency shall not
include the services of a licensed attorney and shall not include participation in any court proceeding by the
collection agency on behalf of the city except with the prior written approval of the City Attorney.
(C) Prior to transfer of the account to a
collection agency, the City Manager, or his or her
designee, shall notify the debtor in writing, at the
address of record, that the alleged debt owing to the
city will be turned over for private collection unless
the account is paid or appealed within a designated
time period.
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(D) Assignment or other legal transfer of the
rights in an account to the collection agency may be
made with the prior approval of the City Attorney.
(E) No debt owing to the city shall be transferred
to a collection agency if the account has been
contested.
(F) No contract with a collection agency for the
collection of debt owing to the city shall take effect
unless and until there are written policies and
procedures for the internal processing of such
amounts.
(Ord. MC-1330, passed 8-3-2010)
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CHAPTER 2.74: FINANCIAL INTERESTS OF APPOINTED CITY
COMMITTEE MEMBERS
Section
2.74.010 Participation of committee
members - financial interest
2.74.020 Participation in local
governmental action or decision
2.74.030 Financial interest - material effect
- indirect investment or interest
2.74.040 Definition: decision making
authority
§ 2.74.010 PARTICIPATION OF COMMITTEE
MEMBERS - FINANCIAL INTEREST.
No member appointed by the Mayor, the Council
or a Council member and approved by the Council to
a committee having decision making authority shall
make, participate in making or in any way attempt to
use the member’s official position to influence a
governmental decision in which the member knows, or
has reason to know, the member has a financial
interest.
(Ord. MC-64, passed 6-19-1981)
§ 2.74.020 PARTICIPATION IN LOCAL
GOVERNMENTAL ACTION OR DECISION.
Section 2.74.010 does not prevent any committee
member from making or participating in the making of
a governmental decision to the extent the member’s
participation is legally required for the action or
decision to be made. The fact that a committee
member’s vote is needed to break a tie does not make
the member’s participation legally required for
purposes of this section.
(Ord. MC-64, passed 6-19-1981)
§ 2.74.030 FINANCIAL INTEREST -
MATERIAL EFFECT - INDIRECT
INVESTMENT OR INTEREST.
(A) A committee member has a financial interest
in a decision within the meaning of § 2.74.010 if it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from its effect on the public generally, on:
(1) Any business entity in which the
committee member has a direct or indirect interest
worth more than $1,000;
(2) Any real property in which the
committee member has a direct or indirect interest
worth more than $1,000;
(3) Any source of income, other than loans
by a commercial lending institution in the regular
course of business on terms available to the public
without regard to official status, aggregating $250 or
more in value provided to, received by or promised to
the committee member within 12 months prior to the
time when the decision is made; and
(4) Any business in which the committee
member is a director, officer, partner, trustee,
employee or holds a position of management.
(B) For purposes of this section, INDIRECT
INVESTMENT or INTEREST means any investment
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or interest owned by the spouse or dependent child of
a committee member, by an agent or on behalf of a
committee member or by a business entity or trust in
which the committee member, the committee
member’s agents, spouse and dependent children own
directly, indirectly or beneficially a 10% interest or
greater.
(Ord. MC-64, passed 6-19-1981)
§ 2.74.040 DEFINITION: DECISION MAKING
AUTHORITY.
(A) It may make a final governmental decision.
(B) It may compel a governmental decision, or
it may prevent a governmental decision either by
reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden.
(C) It makes substantive recommendations which
are, and over an extended period of time have been,
regularly approved without significant amendment or
modification by another public official or
governmental agency.
(Ord. MC-64, passed 6-19-1981)
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CHAPTER 2.75: USE OF CITY’S CATV FACILITIES
Section
2.75.010 Prohibition
2.75.020 Exceptions
§ 2.75.010 PROHIBITION.
It shall be an unlawful use of city property and
facilities for the Mayor or a member of the
CommonCity Council of the city to use his or her
position to use or cause to be used the equipment
and/or facilities of the Telecommunications Division
for television or CATV telecast or tape production for
the purpose of criticizing the actions of the Mayor or
CommonCity Council or the Mayor and CommonCity
Council or any individual member of the CommonCity
Council.
(Ord. MC-822, passed 3-9-1992)
§ 2.75.020 EXCEPTIONS.
Section 2.75.010 shall not apply to a legally
called meeting of the Mayor and CommonCity
Council, nor to a political debate or public forum
where candidates or proponents and opponents of
ballot measures are given equal opportunity to present
their views. This exception shall not allow such
criticism to be televised or taped during a recess or
closed session of a Council meeting even though the
Council is still technically in session during said recess or closed session.
(Ord. MC-822, passed 3-9-1992)
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CHAPTER 2.76: COUNCIL COMMITTEES
Section
2.76.010 Powers of City Council
sub-committees
2.76.020 Notice of meetings
2.76.030 Information from city personnel
2.76.040 Assignment of sub-committee
members and designation of
sub-committee chairpersons
§ 2.76.010 POWERS OF CITY COUNCIL
SUB-COMMITTEES.
Any committee appointed by the Mayor from
among the City Council membership shall have power
to study, research and make appropriate
recommendations to the Mayor and City Council
concerning any matter referred to such committee by
the Mayor and City Council. The scope and function
of any such Council sub-committee shall be as directed
by the Mayor and City Council, which shall provide
specific direction as to the purposes and actions of the Council sub-committee.
(Ord. MC-345, passed 3-7-1984; Ord. MC-362,
passed 4-17-1984; Ord. MC-1455, passed 2-7-2018)
§ 2.76.020 NOTICE OF MEETINGS.
Each City Council sub-committee shall give
reasonable notice of time and place of its meetings and shall provide a copy of its agenda, attachments and
minutes to the Mayor, City Council, City Manager,
City Attorney and such other city officials as it may
deem advisable.
(Ord. MC-345, passed 3-7-1984; Ord. MC-362,
passed 4-17-1984; Ord. MC-1455, passed 2-7-2018)
§ 2.76.030 INFORMATION FROM CITY
PERSONNEL.
Upon the referral of any matter by the Mayor and
City Council, such City Council sub-committee,
whether standing, permanent or temporary, shall have
power to request, upon giving reasonable notice, the
City Manager to provide, or cause to be provided, to
the sub-committee such data reasonably required by
the City Council sub-committee to carry out its
direction.
(Ord. MC-345, passed 3-7-1984; Ord. MC-362,
passed 4-17-1984; Ord. MC-1455, passed 2-7-2018)
§ 2.76.040 ASSIGNMENT OF
SUB-COMMITTEE MEMBERS AND
DESIGNATION OF SUB-COMMITTEE
CHAIRPERSONS.
It shall be the responsibility and duty of the
Mayor to assign City Council Members to all standing
committees and ad hoc sub-committees of the City
Council. It shall also be the responsibility and duty of the Mayor to designate chairpersons of all standing sub committees and ad hoc sub-committees of the City
Council.
(Ord. MC-1289, passed 11-4-2008; Ord. MC-1455,
passed 2-7-2018)
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CHAPTER 2.77: FACILITIES MANAGEMENT DEPARTMENT
(Repealed by Ord. MC-1324, passed 6-8-2010)
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CHAPTER 2.78: CODE COMPLIANCE DEPARTMENT
(Repealed by Ord. MC-1355, passed 7-6-2011)
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CHAPTER 2.79: INFORMATION TECHNOLOGY DEPARTMENT
Section
2.79.010 Established
2.79.020 Director - duties
§ 2.79.010 ESTABLISHED.
The information technology department is
established which shall be administered by a Director
of Information Technology. The position of Director
of Information Technology shall be filled by
appointment of the City Manager with the approval of
the CommonCity Council.
§ 2.79.020 DIRECTOR - DUTIES.
The Director of Information Technology, under
the immediate supervision and direction of the City
Manager, shall have all the powers and perform all the
duties that are now or may hereafter be conferred or
imposed by City Charter, law or the Mayor and
CommonCity Council relating to development and
maintenance of the city’s computer systems, and other
such duties as may be assigned by the City Manager.
The Director shall plan, coordinate and report on all
the duties and activities involved in such programs.
(Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.80: ANIMAL CONTROL DEPARTMENT
(Repealed by Ord. MC-1324, passed 6-8-2010)
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CHAPTER 2.81: POLICE DEPARTMENT
Section
2.81.010 Appointment of Police Chief
2.81.020 Duties of Police Chief
§ 2.81.010 APPOINTMENT OF POLICE
CHIEF.
The Mayor shall appoint, subject to the
confirmation of the CommonCity Council, a police
chief. The position requires exceptional qualifications of a managerial, professional and educational
character.
§ 2.81.020 DUTIES OF POLICE CHIEF.
The Police Chief shall have the general
management and supervision over the Police
Department, under the regulations and directions of
the Mayor and CommonCity Council and under the
immediate supervision of the City Manager.
(Ord. MC-1220, passed 3-20-2006)
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CHAPTER 2.82: MAYOR AND CITY COUNCIL COMPENSATION
Section
2.82.010 Compensation of Mayor
2.82.020 Compensation of City Council
members
§ 2.82.010 COMPENSATION OF MAYOR.
(A) Commencing with the certification of the
November 2022 election, the Mayor shall receive the
following compensation:
(1) Annual salary of $50,000;
(2) Employer health benefits contribution
equivalent to that offered by the city to management
employees; and
(3) An auto allowance of $725 per month.
(B) 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.
(Ord. MC-1504, passed 10-3-2018; Ord. MC-1571,
passed 2-2-2022)
§ 2.82.020 COMPENSATION OF CITY
COUNCIL MEMBERS.
(A) Each City Council member shall receive the
following compensation:
(1) Annual salary of $37,500;
(2) Employer health benefits contribution
equivalent to that offered by the city to management
employees;
(3) An auto allowance of $725 per month;
and
(4) An annual cost of living adjustment
equivalent to that offered by the city to management
employees.
(B) The compensation set forth herein shall be
paid without regard to the number of City Council
meetings attended by the applicable City Council
member. Any City Council member may waive all or
any portion of her or his own compensation. The
compensation set forth herein is exclusive of any
amounts payable to a City Council member as per day
compensation for city business-related travel and
further exclusive of any amounts payable to a City
Council member for out of town attendance on
city-related business.
(Ord. MC-1504, passed 10-3-2018; Ord. MC-1595,
passed 11-2-2022)
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CHAPTER 2.83: DEPARTMENT OF ECONOMIC DEVELOPMENT
Section
2.83.010 Established
2.83.020 Director - duties
§ 2.83.010 ESTABLISHED.
There is established a department of economic
development.
(Ord. MC-1625, passed 2-21-2024)
§ 2.83.020 DIRECTOR - DUTIES.
The Department shall be under the management
and control of the Director of Economic Development,
who shall be appointed by the City Manager with
approval of the Mayor and City Council. Under the
policies of the Mayor and City Council, the Director
shall have all the powers and perform all the duties
that are now or may hereafter be conferred or imposed
by City Charter, law or the Mayor and City Council
relating to economic development, planning, designing
and implementing economic development strategies, as
well as acting as a key liaison between public and
private sectors and the community, and shall plan,
coordinate and report on all the duties and activities
involved in such programs.
(Ord. MC-1625, passed 2-21-2024)
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TITLE 3: REVENUE AND FINANCE
Chapter
3.04. PURCHASING SYSTEM
3.05. BUDGET TRANSFERS
3.08. WARRANTS
3.10. CHECKS RETURNED FOR INSUFFICIENT FUNDS
3.12. REFUND OF FEES FOR PERMITS, LICENSES AND
CERTIFICATES
3.13. WAIVER OR REFUND OF FEES FOR CHARITABLE
ORGANIZATIONS
3.16. CLAIMS AGAINST THE CITY
3.20. SPECIAL GAS TAX STREET IMPROVEMENT FUND
3.24. TRAFFIC SAFETY FUND
3.26. TRAFFIC SYSTEMS FEE
3.27. DEVELOPMENT IMPACT FEES
3.28. SPECIAL PUBLIC HEALTH FUND
3.32. PUBLIC PARK DEVELOPMENT AND RECREATION
FUND
3.36. CEMETERY FUND
3.38. PLANNED LOCAL DRAINAGE FACILITIES FUND
3.40. PROPERTY TAXES
3.44. SERVICE USERS TAX
3.46. SERVICE USERS TAX REDUCTION AND
MODERNIZATION ACT
3.48. REAL PROPERTY TRANSFER TAX
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3.52. UNIFORM TRANSIENT OCCUPANCY TAX
3.54. RESERVED
3.55. TRANSIENT LODGING TAX
3.56. UNIFORM LOCAL SALES AND USE TAX
3.57. TRANSACTIONS AND USE TAX
3.60. CIGARETTE TAX
3.64. TAX ON PARKING AND BUSINESS IMPROVEMENT
AREA
3.68. ASSESSMENT FOR NUISANCE ABATEMENT
3.70. FEES SET BY RESOLUTION
3.72. USER FEES FOR EMERGENCY MEDICAL SERVICES
3.73. USER FEES FOR VIDEO PRODUCTION SERVICES
3.75. DRAINAGE FACILITIES; PUBLIC UTILITIES
3.80. COST RECOVERY SYSTEM FOR BOOKING FEE
COLLECTIONS
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CHAPTER 3.04: PURCHASING SYSTEM
Section
3.04.010 Adoption of purchasing system
3.04.020 Purchasing division
3.04.030 Bidding requirements
3.04.040 Approval authority
3.04.050 Purchase orders and procurement
cards
3.04.060 Encumbrance of funds
3.04.070 Emergency purchases
3.04.080 Surplus supplies and equipment
3.04.090 Split purchases
3.04.100 Local bidders
3.04.110 Reserved
3.04.120 Reserved
3.04.130 Reserved
3.04.140 Reserved
Cross-reference:
For Charter provisions on purchases, see City
Charter, § 140.
Statutory reference:
For provisions requiring local agencies to adopt
policies and procedures governing purchases of
supplies and equipment, see Cal. Gov’t
Code, § 54202.
§ 3.04.010 ADOPTION OF PURCHASING
SYSTEM.
(A) Establishment. In order to establish efficient
procedures for the purchase of supplies, materials and
equipment, and contracted services; to secure for all
departments or agencies of the city supplies, materials, equipment and services at the lowest possible cost
commensurate with the quality needed; to exercise
positive financial control over purchases; to clearly
define authority for the purchasing functions; and to
assure that quality of purchases, a centralized
purchasing system is adopted. Except as specified
herein, there shall be no exemption from centralized
purchasing and no agency or department shall be
authorized to purchase or contract for the purchase of
supplies, services or equipment independently of the
Purchasing Division. The City Municipal Water
Department and the San Bernardino Public Library
shall not be subject to this centralized purchasing
system; however, the Board of Water Commissioners
and the Board of the San Bernardino Public Library
shall employ procedures substantially in compliance
with the provisions of this chapter as such may be
applicable.
(B) Purchasing policy. All purchases of goods,
supplies, equipment and services shall be made in
accordance with the formal purchasing policy in effect
at the time of the purchase. The purchasing policy
shall be developed by staff and adopted by the Mayor
and City Council. The purchasing policy may be
changed, from time to time, by City Council
resolution in order to remain in compliance with
necessary law and to address the evolving procurement
needs of the city.
(C) Vendor lists. The city may utilize the
processes of this chapter and purchasing policy to
procure vendors who will be eligible or preferred to
provide goods or services to the city on an as-needed
basis.
(D) Exemptions. This chapter shall not apply to
the following:
(1) Purchases from, or sales to, a
government or governmental agency, or through any
advantageous governmental contract approved by the
Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts
relating to fire and police investigations, or to the
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to board up or demolition of buildings or structures;
(2) Purchases from a vendor or
manufacturer which, through the city’s bidding
procedure, or other government or governmental
agency’s bidding procedure, has established a price at
which such a vendor or manufacturer is willing to sell
to the city. During such a bid procedure, more than
one responsive bid must have been received;
(3) Purchases approved by the Mayor and
City Council;
(4) Purchases of less than $10,000;
(5) Procurement procedures for public
works projects are defined in Chapters 12.20, 12.21
and 12.24;
(6) Sole source procurements, as more
defined in the purchasing policy;
(7) Emergency procurements, as more
defined in § 3.04.070 and the purchasing policy;
(8) Federal/grant-funded procurement to the
extent that this chapter and purchasing policy is
inconsistent any federal, grant or other funding source requirement for a particular purchase. In that event,
the federal, grant or other funding source procurement
requirements shall control; and
(9) Inadequate competition, as more defined
in the purchasing policy.
(Ord. 2588, passed 6-23-1964; Ord. MC-431, passed
1-25-1985; Ord. MC-513, passed 4-22-1986; Ord.
MC-608, passed 9-22-1987; Ord. MC-858, passed
1-12-1993; Ord. MC-983, passed 9-24-1996; Ord.
MC-1605, passed 2-1-2023)
§ 3.04.020 PURCHASING DIVISION.
Unless otherwise exempted under this chapter, the
purchase and sale of all supplies, materials, equipment and services shall be the responsibility of the
Purchasing Division. The Purchasing Division is part
of the Department of Finance and Management
Services, which is responsible for carrying out written administrative procedures adopted by the City Council
related to procurement. The Purchasing Division
Manager is responsible for the purchasing policy, and
will develop, advise, review, audit and ensure
compliance throughout the purchasing process as the
city’s subject matter expert.
(Ord. 2588, passed 6-23-1964; Ord. MC-858, passed
1-12-1993; Ord. MC-1605, passed 2-1-2023; Ord.
MC-1625, passed 2-21-2024)
§ 3.04.030 BIDDING REQUIREMENTS.
The procurement process used to purchase
supplies, material, equipment and contracted services
is dependent upon the total dollar amount of the goods
or services to be purchased and the type of purchase.
(A) Purchases up to $10,000. Purchases up to
$10,000 may be purchased using a purchasing card or
through a check request with no requirement for
formal bids or quotes.
(B) Purchases between $10,001 and $40,000.
Purchases between $10,001 and $40,000 are processed
informally through vendor quotations and may be
processed directly by the department making the
purchase. The informal bidding process is more
particularly described in the purchasing policy.
(C) Purchases above $40,000.
(1) Purchases in this category are subject to
formal competitive bidding or competitive selection
depending on the type of purchase. The formal
competitive bidding process is more particularly
described in the purchasing policy.
(2) All contracts in this category signed by
the City Manager, agency directors, directors and/or
their designees shall be reported (in list form) to the Mayor and City Council at each regular City Council
meeting during the City Manager update.
(Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed
2-1-2023)
§ 3.04.040 APPROVAL AUTHORITY.
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(A) The authority to purchase supplies, material,
equipment and contracted services is dependent upon
the total dollar amount of the goods or services to be
purchased and the type of purchase.
(B) Purchasing authority are based on the
following amounts.
(1) Purchases up to $50,000. Purchases in
this category may be authorized by the
agency/department directors and/or the City Manager.
(2) Purchases between $50,001 and
$100,000. Purchases in this category may only be
authorized by the City Manager or the Assistant City
Manager with prior written authorization from the City
Manager in the City Manager’s absence.
(3) Purchases over $100,000. Purchases in
this category may only be authorized by the Mayor
and City Council.
(Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed
2-1-2023)
§ 3.04.050 PURCHASE ORDERS AND
PROCUREMENT CARDS.
Purchase of supplies, materials and equipment
shall be made only by purchase order or procurement
card, whichever is appropriate.
(Ord. 2588, passed 6-23-1964; Ord. MC-858, passed
1-12-1993; Ord. MC-1605, passed 2-1-2023)
§ 3.04.060 ENCUMBRANCE OF FUNDS.
The Purchasing Division shall not issue any
purchase order for supplies, materials or equipment
unless there exists an unencumbered appropriation in
the account against which the purchase is to be
charged, and until the same has been approved by the
Budget Division of the Department of Finance and
Management Services.
(Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed
2-1-2023; Ord. MC-1625, passed 2-21-2024)
§ 3.04.070 EMERGENCY PURCHASES.
In case of an emergency, which is so urgent as to
preclude advance action by the Mayor and City
Council and which requires purchase of supplies,
materials, equipment or contractual services, the City
Manager shall have the authority to authorize securing
in the open market any such supplies, materials,
equipment or contractual services. This emergency
authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized
thresholds outlined in § 3.05.020. An explanation of
the emergency circumstances shall be filed with the
Mayor and City Council within 48 hours of the
emergency purchase.
(Ord. 2588, passed 6-23-1964; Ord. 3514, passed
8-6-1975; Ord. 3723, passed 5-4-1978; Ord. 3893,
passed 1-9-1980; Ord. MC-183, passed 7-7-1982;
Ord. MC-491, passed 1-22-1986; Ord. MC-602,
passed 6-2-11987; Ord. MC-646, passed 12-7-1988;
Ord. MC-858, passed 1-12-1993; Ord. MC-1413,
passed 4-6-2015; Ord. MC-1569, passed 2-2-2022;
Ord. MC-1605, passed 2-1-2023)
§ 3.04.080 SURPLUS SUPPLIES AND
EQUIPMENT.
(A) All agencies and departments shall submit to
the Purchasing Division reports showing all supplies,
materials and equipment which are no longer used or
usable or which may have become obsolete, unsuitable
or worn out. The Purchasing Division Manager shall
have authority to sell said supplies, materials and
equipment, or to exchange the same for, or trade in
the same on, new supplies, materials and equipment.
Such sales, exchanges or trade-ins shall be made to the highest and best bidder, pursuant to the procedures in
the purchasing policy, or shall be made at a public
auction as hereinafter set forth in § 3.04.100.
(B) A notice describing the property in sufficient
detail for its identification shall be prepared by the
Purchasing Division and shall be given at least five
days before the time fixed therefore by publication
once in an established newspaper or other publication
of general circulation published in the city.
(C) City officers shall not be purchasers at any
such public auction authorized, conducted or
administered by them in their official capacity, nor
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shall any city officer or employee, directly or
indirectly, submit a bid at the auction if they have
participated in the preparation or conduct of the
auction in their official capacity.
(D) The property so offered for sale shall be sold
to the highest bidder for cash; provided that the
Purchasing Manager may, at his or her discretion, fix
a minimum sale price and may refuse to sell unless the
minimum price is offered, and may further refuse to
sell unless a deposit of security is immediately made.
(E) Any property sold at public auction shall be
provided to the purchaser upon full payment of the
purchase price.
(F) The proceeds of the auction sale or sales
shall immediately be deposited with the Department of
Finance and Management Services and deposited into
the General Fund of the city.
(Ord. 2588, passed 6-23-1964; Ord. 3531, passed
10-7-1975; Ord. 3893, passed 1-9-1980; Ord.
MC-183, passed 7-7-1982; Ord. MC-602, passed
6-2-11987; Ord. MC-646, passed 12-7-1988; Ord.
MC-858, passed 1-12-1993; Ord. MC-1413, passed
4-6-2015; Ord. MC-1605, passed 2-1-2023; Ord. MC1625, passed 2-21-2024) § 3.04.090 SPLIT PURCHASES.
It shall be unlawful to split, or separate into
smaller purchases, a purchase in order to bring the
purchase within the provisions of any exemption or
less stringent procedure provided herein.
(Ord. 2588, passed 6-23-1964; Ord. MC-646, passed
12-7-1988; Ord. MC-1605, passed 2-1-2023)
§ 3.04.100 LOCAL BIDDERS.
(A) Any formal or informal bid submitted by a
local bidder for goods or materials, pursuant to this
chapter, shall receive a 5% credit for comparison
purposes with other bidders when a local credit is
allowable under the law.
(B) For the purpose of this section, “local
bidders” shall be bidders with:
(1) Fixed facilities with employees within
the city’s jurisdiction (a P.O. box or residential
address is insufficient unless it is a home-based
business, in which case the residential address may be
used); and
(2) An appropriate city business license.
(Ord. 2588, passed 6-23-1964; Ord. 3370, passed
8-22-1973; Ord. 3531, passed 10-7-1975; Ord.
MC-1605, passed 2-1-2023)
§ 3.04.110 RESERVED.
[Reserved]
(Ord. MC-608, passed 9-22-1987; Ord. MC-1605,
passed 2-1-2023)
§ 3.04.120 RESERVED.
[Reserved]
(Ord. MC-858, passed 1-12-1993; Ord. MC-1605,
passed 2-1-2023)
§ 3.04.130 RESERVED.
[Reserved]
(Ord. MC-1605, passed 2-1-2023)
§ 3.04.140 RESERVED.
[Reserved]
(Ord. MC-1605, passed 2-1-2023)
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CHAPTER 3.05: BUDGET TRANSFERS
Section
3.05.010 Approval of budget transfer
3.05.020 Exception; restricted funds
3.05.030 Exception; elected officials
3.05.040 Mayor and Council approval
3.05.050 Transferring restricted funds -
violation
§ 3.05.010 APPROVAL OF BUDGET
TRANSFER.
Following approval of the final budget by the
Mayor and City Council, the following types of budget
transfer may be made administratively (without action
by the Mayor and City Council) shall be approved or
disapproved according to established finance policies
and procedures and on forms approved by the
Department of Finance and Management Services.
Only those types of transfers listed in this section may be made administratively.
(A) Budget transfers within a department’s
operating (non-personnel salary or benefits) budget
may be made with the approval of the Budget
Division.
(B) Budget transfers including allocations within
the department’s personnel (salary or benefits) budget
may made be with the approval of the Budget
Division, Position Control and the Director of Finance
and Management Services.
(C) Budget transfers between departments within
the same fund may be made with the approval of the
director of each department, the Budget Division and
the Director of Finance and Management Services.
(D) Budget transfers within a department must
not increase the department’s budget.
(E) Budget transfers between departments in the
same fund will increase or decrease individual
department budgets but shall not increase the fund
budget.
(F) Any cumulative amount of more than $5,000
transferred between departments in a 12-month period
shall be reported to the Mayor and City Council during
the regular quarterly report.
(Ord. MC-986, passed 12-11-1996; Ord. MC-1568,
passed 5-4-2022; Ord. MC-1625, passed 2-21-2024)
§ 3.05.020 EXCEPTION; RESTRICTED
FUNDS.
The authority of § 3.05.010 does not include
transfers into or out of funds, the use of which is
restricted by law.
(Ord. MC-986, passed 12-11-1996; Ord. MC-1568,
passed 5-4-2022)
§ 3.05.030 EXCEPTION; ELECTED
OFFICIALS.
The authority of § 3.05.010 does not restrict the
discretion of elected officials who may transfer or
allocate funds within their departments as they see fit, with notice to the Director of Finance and
Management Services.
(Ord. MC-986, passed 12-11-1996; Ord. MC-1568,
passed 5-4-2022; Ord. MC-1625, passed 2-21-2024)
§ 3.05.040 MAYOR AND COUNCIL
APPROVAL.
Any other budget transfers must be approved by
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the Mayor and CommonCity Council.
(Ord. MC-986, passed 12-11-1996; Ord. MC-1568,
passed 5-4-2022)
§ 3.05.050 TRANSFERRING RESTRICTED
FUNDS - VIOLATION.
It shall be unlawful for the City Manager and/or
the Director of Finance and Management Services or
anyone under the City Manager’s or Director of
Finance and Management Services’ direction and/or
control to transfer restricted funds, as defined by law or as shall be defined by resolution of the Mayor and
City Council, to any other fund without authorization
of the Mayor and City Council or to pay any bill,
invoice or charges from any restricted fund when said
bill, invoice or charges are not appropriate to be paid from any such restricted fund without said approval.
(Ord. MC-986, passed 12-11-1996; Ord. MC-1568,
passed 5-4-2022; Ord. MC-1625, passed 2-21-2024)
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CHAPTER 3.08: WARRANTS
Section
3.08.010 Power of Board of Water
Commissioners
3.08.020 Procedures for claims for
workers’ compensation benefits
§ 3.08.010 POWER OF BOARD OF WATER
COMMISSIONERS.
The City Board of Water Commissioners is
empowered to order check warrants drawn upon the
Sewer Fund for expenditures therefrom, including
expenditures properly authorized pursuant to the City
Charter, § 149, subject to compliance with the
covenants and conditions of all sewer bond issues and
any applicable laws, in the same manner and using the
same forms and procedures as in the case of check
warrants drawn on the Water Fund.
(Ord. 3462, passed 12-10-1974)
§ 3.08.020 PROCEDURES FOR CLAIMS FOR
WORKERS’ COMPENSATION BENEFITS.
The following procedures are established for the
processing of claims and the issuance of
checks/warrants for workers’ compensation benefits.
(A) The Directors of Emergency
Services/Human Resources, or his or her authorized
agent, shall certify and approve claims and demands
for the payment of workers’ compensation benefits as
conforming to a budget approved by a resolution of the
Mayor and CommonCity Council and shall prepare
checks/warrants for such unaudited claims and
demands.
(B) The City Treasurer, or his or her authorized
agent, shall establish a special checking account and
shall issue checks/warrants for such unaudited claims
and demands.
(C) The Director of Finance and Management
Services shall audit and approve such claims and
demands and shall certify as to the accuracy of the
claims and demands and the availability of funds for
payment thereof and shall attach the affidavit of such
certification to the register of audited demands before submission to the Mayor and CommonCity Council.
(D) Budgeted claims or demands paid by
checks/warrants prior to audit by the Director of
Finance and Management Services shall be presented
to the Mayor and CommonCity Council for ratification
and approval at the first meeting after delivery of the checks/warrants.
(Ord. 3651, passed 6-29-1977; Ord. MC-310, passed
10-25-1983; Ord. MC-342, passed 2-22-1984; Ord.
MC-1027, passed 9-9-1998; Ord. MC-1625, passed
2-21-2024)
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CHAPTER 3.10: CHECKS RETURNED FOR INSUFFICIENT FUNDS
Section
3.10.010 Charge for collection of returned
checks
§ 3.10.010 CHARGE FOR COLLECTION OF
RETURNED CHECKS.
A charge of $26 is imposed for the cost of
collection of each check payable to the city in payment of any tax, fee, fine or charge and which is returned
by the city’s depository as being uncollectible for
insufficient funds or for other reasons. The charge of
$26 shall be added to all sums due for the tax, fee,
fine or charge. From the time the city is notified of the return of the check until payment in full is made,
including the charge imposed pursuant to this chapter,
the city shall not be obligated to provide or grant to
the maker of the check any services or to permit
approval to which the payment relates.
(Ord. 3955, passed 8-8-1980; Ord. MC-703, passed
1-27-1990; Ord. MC-906, passed 6-21-1994)
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CHAPTER 3.12: REFUND OF FEES FOR PERMITS, LICENSES AND CERTIFICATES Section
3.12.010 Interpretation of chapter
3.12.020 Request for refund
3.12.030 Procedure not to bar presentation
of claim pursuant to state law
§ 3.12.010 INTERPRETATION OF CHAPTER.
Whenever an application is made to any
department or division of a department of the city for
a permit, license or certificate for a building or
structure or for wiring, plumbing, heating, ventilating, air conditioning or refrigeration and a fee is paid and said application is withdrawn or denied, and a request
is made for a refund, the procedure set forth in this
chapter shall govern.
(Ord. 2453, passed 8-13-2019)
§ 3.12.020 REQUEST FOR REFUND.
The request for a refund must be made on a
verified claim and signed by the original applicant
within 60 days after such withdrawal or denial,
whichever occurs first, and must be presented to the
department or division of the department to whom the
fee was paid. This department shall then determine,
from a schedule on file in the office of the Department of Building and Safety, the cost to the city of time
spent or expenses incurred by the department or
division. A report of the cost to the city and other
relevant data pertaining to the permit, license or
certificate shall be forwarded to the administrative
officer for presentation to the Mayor and CommonCity
Council; provided he or she finds said cost and data to be correct and proper in all particulars and approves
the same. A refund shall be made to the applicant of
that portion of the fee paid in excess of such cost.
(Ord. 2453, passed 8-13-2019)
§ 3.12.030 PROCEDURE NOT TO BAR
PRESENTATION OF CLAIM PURSUANT TO
STATE LAW.
The procedure established by this chapter for the
refund of fees shall not prevent or bar the presentation or consideration of any claim against the city in
accordance with Cal. Gov’t. Code, §§ 900 et seq. or
other state law.
(Ord. 2453, passed 8-13-2019; Ord. 2654, passed
3-9-1965)
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CHAPTER 3.13: WAIVER OR REFUND OF FEES FOR CHARITABLE ORGANIZATIONS Section
3.13.010 Interpretation of chapter
3.13.020 Request for waiver or refund
3.13.025 Waiver or refund
3.13.030 Applicability
§ 3.13.010 INTERPRETATION OF CHAPTER.
Whenever a charitable non-profit organization,
corporation, foundation or religious institution or
affiliate thereof, that meets the criteria stated in
§ 3.13.030, submits an application to any department
of the city for a permit, license or certificate for a
building or structure, or for wiring, plumbing,
heating, ventilating, air conditioning or refrigeration, or any other development permit, or under-grounding
of utility costs, or temporary use permit, or parade
permit, and the applicant requests that the fee be
waived or refunded, the procedure set forth in this
chapter shall govern.
(Ord. 2453, passed 8-13-1962; Ord. MC-1174, passed
7-22-2004)
§ 3.13.020 REQUEST FOR WAIVER OR
REFUND.
The request for a waiver or a refund must be
made on a verified application signed by the
representative of the original applicant and submitted
to the department not later than ten days prior to the
event for a fee waiver, and not later than 60 days after the event for a fee refund. The department shall then
determine which portion, if any, of the fee is not
attributable to city charges, and shall also determine
the cost to the city of time spent or to be spent or
expenses incurred or to be incurred by the department.
A report of such costs to the city and other relevant
data pertaining to the permit, license or certificate
shall be forwarded to the City Administrator for
presentation to the Mayor, to the Mayor’s designee or
to the Mayor and CommonCity Council.
(Ord. 2453, passed 8-13-1962; Ord. MC-1174, passed
7-22-2004)
§ 3.13.025 WAIVER OR REFUND.
The Mayor and CommonCity Council may, in
their discretion and taking into consideration the
information provided pursuant to § 3.13.020, waive or
refund the established fees where the total amount
exceeds $2,000 per event. The Mayor or the Mayor’s
designee may, in his or her discretion and taking into
consideration the information provided pursuant to
§ 3.13.020, waive or refund temporary use permit fees
and related city fees in a total amount not to exceed
$2,000 per event.
(Ord. MC-681, passed 11-8-1989; Ord. MC-1174,
passed 7-22-2004)
§ 3.13.030 APPLICABILITY.
The provisions of this chapter shall apply to all
charitable non-profit organizations, corporations,
foundations or religious institutions or affiliates thereof determined by the Internal Revenue Service to meet
the requirements of 26 U.S.C. § 501(c) or (d) of the
Internal Revenue Code.
(Ord. MC-653, passed 3-16-1989; Ord. MC-1174,
passed 7-22-2004)
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CHAPTER 3.16: CLAIMS AGAINST THE CITY
Section
3.16.010 Filing with City Clerk required
3.16.020 Written claim required
3.16.030 Action upon claim
3.16.040 Commencement of suit
3.16.050 Power of City Administrator
3.16.060 Claims Review Committee
3.16.070 Function of Claims Review
Committee
Statutory reference:
For provisions on claims and actions against
public entities, see Cal. Gov’t Code,
§§ 900 et seq.
§ 3.16.010 FILING WITH CITY CLERK
REQUIRED.
The Mayor and CommonCity Council, Board of
Water Commissioners and the Board of Trustees of the
free public library of the city shall not hear, consider or act upon any claim which is excepted by Cal.
Gov’t. Code, Title 1, Division 3.6, Part 3, Chapters
1 and 2, in favor of any person, firm or corporation,
unless the same be presented and filed with the City
Clerk, or in the case of the Board of Water
Commissioners, with its secretary, in the manner and
form required by law not later than one year after the
accrual of the cause of actions.
(Ord. 821, passed 8-9-1921)
§ 3.16.020 WRITTEN CLAIM REQUIRED.
No suit for money or damages may be brought
against the city or its boards, commissions, officers,
employees or agents on a cause of action for which a
claim is required to be presented hereunder until a
written claim therefor has been presented to the city or its appropriate board or commission within the period
of time and in the manner and form required by law
and this chapter. Failure or neglect to comply with this chapter or any provision of law pertaining to claims
against the city and its boards, commissions, officers, employees or agents shall invalidate the claim and no
cause of action shall be based thereon.
(Ord. 821, passed 8-9-1921)
§ 3.16.030 ACTION UPON CLAIM.
The Mayor and CommonCity Council, or the
appropriate board or commission, shall act upon such
claim or amended claim within the period of time and
in the manner required and provided in Cal. Gov’t
Code, § 912.4, and the consequence of their or its
failure or refusal to act on such claim shall be
governed by the provisions of said section.
(Ord. 821, passed 8-9-1921)
§ 3.16.040 COMMENCEMENT OF SUIT.
Any suit brought against the city, or its boards,
commissions, officers, employees or agents on a cause
of action for which a claim is required to be presented in accordance with this chapter, must be commenced
not later than six months after the date the claim is
acted upon by the Mayor and CommonCity Council or
appropriate board or commission, or is deemed to
have been rejected by the Mayor and CommonCity
Council or Board or Commission, in accordance with
the Cal. Gov’t. Code, §§ 945.6 and 946.
(Ord. 821, passed 8-9-1921)
§ 3.16.050 POWER OF CITY
ADMINISTRATOR.
The City Administrator, or his or her authorized
representative, shall perform each function of the
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Mayor and CommonCity Council under this chapter
and under Cal. Gov’t Code, Title 1, Division 3.6, Part
3 (§§ 900 et seq.), any amendments thereto or other
related provisions of law, which relate to any claim
except that he or she shall not allow, compromise or
settle any claim against the city if the amount to be
paid pursuant to such allowance, compromise or
settlement exceeds $10,000.
(Ord. MC-638, passed 9-22-1988)
§ 3.16.060 CLAIMS REVIEW COMMITTEE.
There shall be a claims review committee
established consisting of the City Attorney, City
Administrator and the Director of Human Resources
and Risk Management.
(Ord. MC-638, passed 9-22-1988; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1625, passed 2-21-2024)
§ 3.16.070 FUNCTION OF CLAIMS REVIEW
COMMITTEE.
The Claims Review Committee’s function is to
review and approve, by unanimous vote, all
settlements above $10,000, but not exceeding $20,000.
(Ord. MC-638, passed 9-22-1988)
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CHAPTER 3.20: SPECIAL GAS TAX STREET IMPROVEMENT FUND
Section
3.20.010 Created
3.20.020 Payment of monies into fund
3.20.030 Expenditure of monies
Statutory reference:
For provisions on special gas tax street
improvement funds, see Cal. Streets and
Highways Code, §§ 186.3, 2106, 2107
and 2113.
§ 3.20.010 CREATED.
To comply with the provisions of the Cal. Streets
and Highways Code, Division 1, Chapter 1, Article 5,
with particular reference to the amendments made
thereto by Chapter 642, Statutes of 1935, there is
created in the City Treasury a special fund to be
known as the Special Gas Tax Street Improvement
Fund.
(Ord. 1547, passed 6-11-1935; Ord. 1557, passed
1-28-1936)
§ 3.20.020 PAYMENT OF MONIES INTO
FUND.
All monies received by the city from the state
under the provisions of the California Streets and
Highways Code for the acquisition of real property or
interests therein for, or the construction, maintenance or improvement of streets or highways other than state
highways, shall be paid into said fund.
(Ord. 1547, passed 6-11-1935; Ord. 1557, passed
1-28-1936)
§ 3.20.030 EXPENDITURE OF MONIES.
All monies in said fund shall be expended
exclusively for the purposes authorized by, and subject to, all of the provisions of the Cal. Streets and
Highways Code, Division 1, Chapter 1, Article 5.
(Ord. 1547, passed 6-11-1935; Ord. 1557, passed
1-28-1936)
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CHAPTER 3.24: TRAFFIC SAFETY FUND
Section
3.24.010 Created and established
3.24.020 Receipt and expenditure of funds
§ 3.24.010 CREATED AND ESTABLISHED.
There is created and established a fund to be
called the Traffic Safety Fund, and all funds received
under and by virtue of the Cal. Vehicle Code, Division
18, Chapter 2, § 42200 shall be paid therein, and all
expenditures therefrom shall only be made in
accordance with said act.
(Ord. 1816, passed 3-9-1948)
§ 3.24.020 RECEIPT AND EXPENDITURE OF
FUNDS.
To comply with the provisions of the Cal. Vehicle
Code, Division 18, Chapter 2, § 42200, all funds
received and expended under and by virtue of said act,
since September 19, 1947, shall be placed in and
expended from the Traffic Safety Fund.
(Ord. 1816, passed 3-9-1948)
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CHAPTER 3.26: TRAFFIC SYSTEMS FEE
(Repealed by Ord. MC-1222, passed 4-6-2006)
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CHAPTER 3.27: DEVELOPMENT IMPACT FEES
Section
3.27.000 General findings
3.27.010 Purpose and applicability
3.27.020 Definitions
3.27.030 Law enforcement facilities,
vehicles and equipment impact
fee - findings
3.27.040 Fire suppression facilities,
vehicles and equipment impact
fee - findings
3.27.050 Local circulation system impact
fee - findings
3.27.060 Regional circulation system
impact fee - findings
3.27.070 Quimby Act Parkland and Open
Space Acquisition and Park
Improvement impact fee -
findings
3.27.075 AB 1600 Parkland and Open
Space Acquisition and Park
Improvement impact fee -
findings
3.27.080 Library facility and collection
impact fee - findings
3.27.090 Public meeting facilities impact
fee - findings
3.27.100 Aquatics facilities impact fee -
findings
3.27.105 Storm drain development impact
fee - findings
3.27.110 Accounting and disbursement of
fees
3.27.140 Development fee credits;
prepayment
3.27.150 Reimbursement
3.27.170 Deferrals
3.27.180 Application to subsequently
annexed land
§ 3.27.000 GENERAL FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The provision of new and expanded facilities
and infrastructure is necessary to protect and promote
the health, safety and welfare of all the citizens of the city by reducing the adverse effects of urbanization
and development.
(B) It is necessary to enact and implement certain
development fees to assure that all development within
the city pays its fair share of the costs of providing
necessary public facilities and infrastructure to
accommodate such new development.
(C) A proper funding source for the costs
associated with new development is a specific
development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.
(D) The Development Impact Fee Calculation
and Nexus Report justifies the imposition of each
development fee on new construction by analyzing the
Master Facility Plan, as defined herein, assigning the
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28 San Bernardino - Revenue and Finance
costs on a fair-share basis to the various types of
development, and assigning the resulting fee per
dwelling unit and/or commercial/industrial square
footage, based on the anticipated burden of such new
dwelling unit and/or commercial/industrial area on city facilities and infrastructure and the need created by
such dwelling unit and/or commercial/industrial area
for new and expanded facilities and infrastructure.
(E) The primary purpose of the fees is to
mitigate the impact on city facilities and infrastructure caused by increased demand for facilities and
infrastructure from persons generated by new
development.
(F) The fees will be used to finance public
facilities and infrastructure, specifically local
circulation system improvements (streets, traffic
signals and bridges); regional circulation system
improvements; law enforcement and fire protection
facilities, vehicles and equipment; library facilities and collection; public meeting facilities; aquatics facilities; and parkland and open space acquisition and
development.
(G) The use of the fees to fund such public
facilities and infrastructure is reasonably related to the impacts of residential development and other
development on the city as more fully described in the
Development Impact Fee Calculation and Nexus
Report.
(H) The need for development fees to fund such
public facilities is reasonably related to impacts on the city of residential development and other development
as more fully described in the Development Impact
Fee Calculation and Nexus Report.
(I) To assure fair and legally sound
implementation of the development fees established in
this chapter, such fees shall be reviewed annually and
the amounts of such fees shall be adopted by resolution of the Mayor and CommonCity Council at a public
hearing.
(J) To assure fair implementation of the
development fees established in this chapter, the city
must have the latitude to phase the imposition of
certain fees.
(K) To assure fair implementation of the
development fees established in this chapter, the city
must have the latitude to defer such fees in special
cases, after notice and hearing, where better or more
fair financing arrangements would result from such
deferral.
(L) To assure fair implementation of the
development fees established by this chapter,
provisions must be made for extending such fees to
subsequently annexed land that benefits from the
public facilities funded by these fees.
§ 3.27.010 PURPOSE AND APPLICABILITY.
(A) The Mayor and CommonCity Council
declare the purpose of this chapter is to provide for the means to finance adequate infrastructure and other
public improvements and facilities made necessary by
the impacts created by new development in the city in
order to promote the health, safety and welfare of the
citizens of the city. This chapter shall apply solely to construction of new dwelling units or new commercial
or industrial square footage within the city.
(B) The following are specifically exempt from
the provisions of this chapter:
(1) Additions or improvements to dwelling
units after construction is complete, unless such
additions or improvements:
(a) Increase the number of dwelling
units on the property, as defined herein; and
(b) Are not secondary residential units,
as defined herein.
(2) Government/public buildings, public
schools or other public facilities;
(3) The rehabilitation and/or reconstruction
of any legal, residential structure and/or the
replacement of a previously existing dwelling unit;
(4) The rehabilitation and/or reconstruction
of any commercial or industrial structure where there
is no net increase in square footage of the structure.
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Development Impact Fees 29
Any increase in square footage of the structure shall
pay the current applicable development impact fees for
such increase; and
(5) Development projects that are the
subject of a development agreement entered into
pursuant to Cal. Gov’t. Code, §§ 65864 et seq., prior
to the initial effective date of this chapter, wherein the imposition of new fees is expressly prohibited;
provided, however, that if the term of such
development agreement is extended after the initial
effective date of this chapter, the development impact
fees shall be imposed.
§ 3.27.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
AFFECTED TERRITORY. The corporate
boundaries of the City of San Bernardino as these may
be amended from time to time.
COMMERCIAL/RETAIL/OFFICE or
INDUSTRIAL/MANUFACTURING
DEVELOPMENT PROJECT. The construction of
new or additional gross square footage of building area for commercial (including lodging, schools, religious
facilities, hospitals and the like) retail, office,
industrial or manufacturing purposes.
DEVELOPMENT IMPACT REPORT is the
DEVELOPMENT IMPACT FEE CALCULATION
AND NEXUS REPORT together with the addenda
thereto and any subsequent modifications and/or
updates, all of which are on file in the City Clerk’s
office. The original version of the document, dated
January 2006, was prepared by Revenue & Cost
Specialists, LLC and summarizes the needed facilities
mentioned herein, their estimated costs and sets forth
the required nexus findings.
DWELLING UNIT. A building or portion thereof
designed exclusively for residential occupancy by one
family for living and sleeping purposes, including
single-family dwellings, multiple-family dwellings and
manufactured housing.
EFFECTIVE DATE. The date that the fees in
this chapter are eligible for collection, that date being 60 days after the adoption of this chapter.
MASTER FACILITY PLAN. Together with and
subsequent modifications and/or updates, all of which
are on file in the City Clerk’s office, was prepared by Revenue & Cost Specialists, LLC and describes each
of the facilities mentioned herein and their estimated
costs.
RESIDENTIAL DEVELOPMENT PROJECT.
Construction of one or more dwelling units.
SECONDARY RESIDENTIAL UNIT. A second
dwelling unit on the same lot as an existing primary
residential.
(Ord. MC-1238, passed 1-23-2007)
§ 3.27.030 LAW ENFORCEMENT
FACILITIES, VEHICLES AND EQUIPMENT
IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential, commercial
and industrial property in the affected territory will
create a need for increased police protection services.
As a result, additional officers will be needed to
maintain the current level of service. The new officers will require, among other things, expanded station
facilities and additional patrol or unmarked vehicles
and additional police equipment.
(B) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The provision of expanded station facilities
and vehicles is identified in the “Law Enforcement
Facilities” section of the Master Facility Plan and is
necessary to provide adequate law enforcement
services.
(D) The development impact fee report describes
in detail the number of calls for service that each
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major category of land use generates on average; the
law enforcement facilities, vehicles and equipment
required to service new development; and estimates of
the costs for capital to provide those services.
(E) The entire affected territory will derive
benefit from the station facilities and vehicles and
should be assessed per the provisions of this chapter
and pay a fair share of the cost thereof based on the
benefit derived therefrom.
(F) After consideration of the development
impact fee report and testimony at this public hearing, the Mayor and CommonCity Council approve the
development impact fee report and the addendum, and
based thereon finds that new development in the
affected territory will create law enforcement needs
that the construction and acquisition of the public
improvements funded by this chapter will meet.
(G) The Mayor and CommonCity Council also
find that the costs of the law enforcement facilities
funded by this chapter are apportioned relative to the
anticipated impacts created by development within the
affected territory, and that the fees are fairly
apportioned on individual dwelling units and per
square foot throughout the affected territory on the
basis of benefits conferred on property proposed for
development and the need for such facilities created by the proposed development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report and the addendum thereto.
(I) The Mayor and CommonCity Council also
find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed
the reasonably estimated total of these costs.
(J) The law enforcement facilities fees collected
pursuant to this chapter shall be used only to finance
the law enforcement facilities described or identified
in the “Law Enforcement Facilities” section of the
Master Facility Plan.
(K) The law enforcement facilities fee is imposed
on new residential, commercial and industrial
development and the amount of such fee shall be set by
resolution of the Mayor and CommonCity Council.
§ 3.27.040 FIRE SUPPRESSION FACILITIES,
VEHICLES AND EQUIPMENT IMPACT FEE -
FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential, commercial
and industrial property in the city will create increased calls for fire protection services. As a result, new
equipment and expansion of existing facilities to house additional firefighters and equipment will be needed to maintain current levels of service.
(B) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The acquisition of new equipment and
relocation, expansion and construction of fire
protection facilities are identified in the “Fire
Protection Facilities” section of the Master Facility
Plan and are necessary to provide adequate fire
protection services within the city.
(D) The development impact fee report and the
addendum thereto describe in detail the number of
calls for service that each major category of land use
generates, the fire protection facilities required to
service new development and estimates of the costs of
those facilities.
(E) The entire affected territory will derive
benefit from the new equipment and relocated,
expanded and newly-constructed fire station facilities
and should be assessed per the provisions of this
chapter and pay a fair share of the cost thereof based
on the benefit derived therefrom.
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Development Impact Fees 31
(F) After consideration of the development
impact fee report and the addendum thereto and
testimony at this public hearing, the Mayor and
CommonCity Council approve the development impact
fee report and the addendum thereto, and based
thereon finds that new development in the city will
create fire protection needs that the construction and
acquisition of the public improvements funded by this
chapter will meet.
(G) The Mayor and CommonCity Council also
find that the costs of the equipment and expanded fire
protection facilities funded by this chapter are
apportioned relative to the anticipated impacts created by development within the affected territory, and that
the fees are fairly apportioned on individual dwelling
units throughout the affected territory on the basis of benefits conferred on property proposed for
development and the need for such facilities created by the proposed development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report and the addendum thereto.
(I) The Mayor and CommonCity Council also
find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed
the reasonably estimated total of these costs.
(J) The fire protection fees collected pursuant to
this chapter shall be used only to finance the fire
protection facilities described or identified in the “Fire Protection Facilities” section of the Master Facility
Plan.
(K) The fire suppression facilities fee is imposed
on new residential, commercial and industrial
development and the amount of such fee shall be set by
resolution of the Mayor and CommonCity Council.
§ 3.27.050 LOCAL CIRCULATION SYSTEM
IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential and other
property in the affected territory will generate
additional vehicle travel. This traffic will create a need for expansion of existing streets, signals and bridges to accommodate increased traffic from new residential
development and commercial/industrial development.
(B) The Master Facility Plan establishes the costs
and a fair method for the allocation of costs and fee
apportionment, and the apportioned fees are applicable
to all property within the affected territory.
(C) The provision of expanded streets, signals
and bridges is identified in the “Circulation System”
section of the Master Facility Plan and is necessary to provide adequate streets and roadways services within
the city.
(D) The general plan of the city includes and
identifies in the “Circulation Element” and the
transportation provision thereof, among other things,
streets, signals and bridges within the city with the
primary purpose of carrying through traffic and
providing a network connecting to the state highway
system.
(E) The entire affected territory will derive
benefit from the construction or reconstruction of
streets, signals and bridges and should be assessed per the provisions of this chapter and pay a fair share of
the cost thereof based on the benefit derived
therefrom.
(F) After consideration of the development
impact fee report, the addendum thereto and testimony
at this public hearing, the Mayor and CommonCity
Council approve the development impact fee report
and the addendum, and based thereon finds that new
development in the affected territory will create streets and roadways needs that the construction and
acquisition of the public improvements funded by this
chapter will meet.
(G) The Mayor and CommonCity Council also
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find that the cost of the streets, signals and bridges
funded by this chapter is apportioned relative to the
anticipated contribution to traffic created by residential and other development in the affected territory, and
that the fees are fairly apportioned on individual
dwelling units and commercial/industrial space
throughout the affected territory on the basis of
benefits conferred on property to be developed and the
need for such streets and roadways created by such
development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development fee
impact report and the addendum thereto.
(I) The cost estimates set forth in the
development impact fees report are reasonable cost
estimates for constructing or reconstructing the streets and roadways proposed therein and the fees collected
from residential and other development will not exceed
the reasonably estimated total of these costs.
(J) The streets, signals and bridges fees
collected pursuant to this chapter shall be used only to finance the streets and roadways described or
identified in the “Circulation System” section of the
Master Facility Plan.
(K) The local circulation systems fee is imposed
on new residential, commercial and industrial
development, and the amount of such fee shall be set
by resolution of the Mayor and CommonCity Council.
§ 3.27.060 REGIONAL CIRCULATION
SYSTEM IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential and other
property in the affected territory will generate
additional vehicle travel, which impacts regional
circulation systems. This traffic will create a need for regional transportation system improvements, such as
freeway interchanges, railroad grade separations and
regional arterial highways, to accommodate increased
traffic from new residential development and
commercial/industrial development.
(B) The Master Facility Plan establishes the costs
and a fair method for the allocation of new
development’s share of regional circulation system
improvement costs and fee apportionment, and the
apportioned fees are applicable to all property within
the affected territory.
(C) The provision of regional circulation system
improvements is identified in the “Circulation System”
section of the Master Facility Plan and is necessary to mitigate the impacts of development upon the regional
circulation system within the city as contained in
Appendix K of the County Congestion Management
Plan.
(D) The SANBAG Development Mitigation
Nexus Study identifies the required development
contribution levels or fair share amounts for each city and sphere of influence, and the city’s regional
circulation system impact fee will provide sufficient
revenue to meet or exceed the required amounts.
(E) The entire affected territory will derive
benefit from the construction or reconstruction of
regional circulation system improvements and should
be assessed per the provisions of this chapter and pay
a fair share of the cost thereof based on the benefit
derived therefrom.
(F) After consideration of the development
impact fee report, the addendum thereto and testimony
at this public hearing, the Mayor and CommonCity
Council approve the development impact fee report
and the addendum, and based thereon, finds that new
development in the affected territory will create
regional circulation system needs that the construction and acquisition of the public improvements funded by
this chapter and Measure I 2010-2040 will meet
[missing text]mitigation needs.
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Development Impact Fees 33
(G) The Mayor and CommonCity Council also
find that the share of regional circulation system
improvements funded by this chapter is apportioned
relative to the anticipated contribution to traffic created by residential and other development in the affected
territory, and that the fees are fairly apportioned on
individual dwelling units and commercial/industrial
space throughout the affected territory on the basis of benefits conferred on property to be developed and the
need for such regional circulation system
improvements created by such development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described regional circulation system improvements
and the needs created by the types of development on
which the fee will be imposed, and that there is a
reasonable relationship between the fee’s use and the
types of development for which the fee is charged.
This reasonable relationship is described in more detail in the development fee impact report and the
addendum thereto.
(I) The cost estimates set forth in the
development impact fees report are reasonable cost
estimates for constructing or reconstructing the
freeway interchanges, railroad grade separations and
regional arterial highways proposed therein and the
fees collected from residential and other development
will not exceed the reasonably estimated total of these costs.
(J) The regional circulation system fees
collected pursuant to this chapter shall be used only to finance the city’s fair share of the regional circulation system improvements described or identified in the
“Circulation System” section of the Master Facility
Plan.
(K) The regional circulation systems fee is
imposed on new residential, commercial and industrial
development, and the amount of such fee shall be set
by resolution of the Mayor and CommonCity Council.
(L) In accordance with Appendix J of the San
Bernardino County Congestion Management Plan, the
Mayor and CommonCity Council shall update regional
circulation system project cost estimates on an annual
basis, and adjust the regional circulation systems fee
based on the updated estimates. The fee adjustments
will be based on an escalation factor approved by the
SANBAG Board of Directors.
§ 3.27.070 QUIMBY ACT PARKLAND AND
OPEN SPACE ACQUISITION AND PARK
IMPROVEMENT IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential and other
property in the affected territory will create a need for the construction of park and open space facilities to
maintain the current level of service. The park and
open space facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards
contained in the “Parks and Recreation Element” of
the general plan.
(B) Pursuant to the Quimby Act (Cal. Gov’t
Code, § 6647266477), the city may impose by
ordinance a requirement for the payment of fees to pay
for the actual or estimated costs of constructing
planned park and open space facilities.
(C) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(D) Park and open space facilities are essential to
the city to mitigate the negative effects of increasing urban development and to promote the health and
welfare of the citizens.
(E) The provision of additional parks, recreation
and open space is identified in the “Parkland and Open
Space Acquisition and Park Improvement” section of
the Master Facility Plan and is necessary to provide
adequate parks and open space facilities within the
city.
(F) The development impact fee report and
addendum thereto describe in detail the current city
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34 San Bernardino - Revenue and Finance
cost thereof per new single-family, multi-family and
mobile home park or manufactured home park
residential unit.
(G) The entire affected territory will derive
benefit from the park and open space facilities and
should be assessed per the provisions of this chapter
and pay a fair share of the cost thereof based on the
benefit derived therefrom.
(H) After consideration of the development
impact fee report, the addendum thereto and testimony
at this public hearing, the Mayor and CommonCity
Council approve the development impact fee report
and the addendum thereto, and based thereon finds that
new development in the affected territory will create
needs for park and open space facilities that the
construction and acquisition of the public
improvements funded by this chapter will meet
[missing text]anticipated impacts of development.
(I) The costs of the park, recreation and open
space facilities funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of
benefits conferred on property proposed for
development and the need for such facilities created by such proposed development.
(J) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report and the addendum thereto.
(K) The cost estimates set forth in the
development impact fee report are reasonable and will
not exceed the reasonably estimated total of these
costs.
(L) The park and open space facilities fees
collected pursuant to this chapter shall be used only to finance the park and open space facilities described or identified in the “Parkland and Open Space
Acquisition and Park Improvement” section of the
Master Facility Plan.
(M) The park and open space land acquisition and
facilities development fee is imposed on new
residential development. The amount of such fee shall
be set by resolution of the Mayor and CommonCity
Council, and shall apply to development of residential
uses requiring the subdivision of land. Developments
of residential uses not requiring the subdivision of land shall pay the AB 1600 Park and Open Space Land
Acquisition and Facilities Development Fee in
accordance with § 3.26.075.
(1) The subdivider, as a condition of
approval of a tentative map, shall pay a fee in lieu,
dedicate land or both, at the discretion of the Council for park and/or recreational purposes pursuant to the
Subdivision Map Act, Cal. Gov’t Code, § 66477.
(2) It is found and determined that the
public interest, convenience, health, safety and welfare require that five acres of land for each 1,000 persons
residing within the city be devoted to park and
recreational purposes. Lands held as public open space
for wildlife habitat shall not be included in this
formula.
(3) (a) Where a public park or recreational
facility has been designated in the general plan and is to be located in whole or in part within the proposed
subdivision and is reasonably related to serving the
needs of the residents of that subdivision, the
subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be
determined pursuant to division (M)(4) below.
(b) If there is no park or recreational
facility designated in the general plan to be located in whole or in part within the proposed subdivision to
serve the needs of the residents of that subdivision, the subdivider shall, pursuant to Council determination,
pay a fee in lieu of or dedicate land in compliance with division (M)(4) below.
(4) The Council shall consider the following
when evaluating the payment of fee in lieu of or the
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Development Impact Fees 35
acceptance of land for dedication, or a combination of
both:
(a) “Parks and Recreation Element,”
and any other applicable provision of the general plan; (b) Topography, geology, access and
location of land in the subdivision suitable for
dedication;
(c) Size and shape of the subdivision
and land suitable for dedication;
(d) Feasibility of dedication; and
(e) Availability of previously acquired
private property.
§ 3.27.075 AB 1600 PARKLAND AND OPEN
SPACE ACQUISITION AND PARK
IMPROVEMENT IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential and other
property in the affected territory will create a need for the construction of park and open space facilities to
maintain the current level of service. The park and
open space facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards
contained in the “Parks and Recreation Element” of
the general plan.
(B) Pursuant to Cal. Gov’t Code, §§ 66000 et
seq. and the city’s police powers, the city may impose, by ordinance, a requirement for the payment of fees to
pay for the actual or estimated costs of constructing
planned park and open space facilities.
(C) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(D) Park and open space facilities are essential to
the city to mitigate the negative effects of increasing urban development and to promote the health and
welfare of the citizens.
(E) The provision of additional parks, recreation
and opera space is identified in the “Parkland and
Open Space Acquisition and Park Improvement”
section of the Master Facility Plan and is necessary to provide adequate parks and open space facilities within the city.
(F) The development impact fee report and
addendum thereto describe in detail the current city
standards for parks and open space facilities, the cost for parks and open space facilities construction and the cost thereof per new single-family, multi-family and
mobile home park residential unit.
(G) The entire affected territory will derive
benefit from the park and open space facilities and
should be assessed per the provisions of this chapter
and pay a fair share of the cost thereof based on the
benefit derived therefrom.
(H) After consideration of the development
impact fee report, the addendum thereto and testimony
at this public hearing, the Mayor and CommonCity
Council approve the development impact fee report
and the addendum thereto, and based thereon, find that
new development in the affected territory will create
needs for park and open space facilities that the
construction and acquisition of the public
improvements funded by this chapter will meet.
(I) The costs of the park, recreation and open
space facilities funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of
benefits conferred on property proposed for
development and the need for such facilities created by such proposed development.
(J) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
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which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report and the addendum thereto.
(K) The cost estimates set forth in the
development impact fee report are reasonable and will
not exceed the reasonably estimated total of these
costs.
(L) The park and open space facilities fees
collected pursuant to this chapter shall be used only to finance the park and open space facilities described or identified in the “Parkland and Open Space
Acquisition and Park Improvement” section of the
Master Facility Plan.
(M) The AB 1600 Park and Open Space Land
Acquisition and Facilities Development Fee is imposed
on new residential development. The amount of such
fee shall be set by resolution of the Mayor and
CommonCity Council, and shall apply to
developments of residential uses not requiring the
subdivision of land. Developments requiring the
subdivision of land shall pay the Quimby Act Park and
Open Space Land Acquisition and Facilities
Development Fees pursuant to § 3.26.070.
(1) It is found and determined that the
public interest, convenience, health, safety and welfare require that five acres of land for each 1,000 persons
residing within the city be devoted to park and
recreational purposes. Lands held as public open space
for wildlife habitat shall not be included in this
formula.
(2) The Council shall consider the following
when evaluating the payment of fee in lieu of or the
acceptance of land for dedication, or a combination of
both:
(a) “Parks and Recreation Element,”
and any other applicable provision of the general plan; (b) Topography, geology, access and
location of land in the subdivision suitable for
dedication;
(c) Size and shape of the subdivision
and land suitable for dedication;
(d) Feasibility of dedication; and
(e) Availability of previously acquired
private property.
Statutory reference:
Quimby Act, see Cal. Gov't Code, § 66477
§ 3.27.080 LIBRARY FACILITY AND
COLLECTION IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential property in
the affected territory will create a need for increased library services. As a result, additions to the library collection will be needed to maintain the current level of service.
(B) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The provision of additions to the library
collection is identified in the “Library Facility and
Collection” section of the Master Facility Plan and is
necessary to provide adequate library services within
the city.
(D) The development impact fee report
describes, in detail, the current city standard for
number of library books per person; the number of
persons an average single-family, multiple-family or
mobile home park residence generates; the library
collection required to service new development; and
estimates of the costs of additions to the library
collection to maintain the current level of service.
(E) The entire affected territory will derive
benefit from the library collection and should be
assessed per the provisions of this chapter and pay a
fair share of the cost thereof based on the benefit
derived therefrom.
(F) After consideration of the development
impact fee report and testimony at a public hearing,
the Mayor and CommonCity Council approve the
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development impact fee report, and based thereon,
finds that new development in the affected territory
will create needs for additions to the library collection that the acquisition of the public improvements funded
by this chapter will meet.
(G) The Mayor and CommonCity Council also
finds that the costs of additions to the library collection funded by this chapter are apportioned relative to the
anticipated impacts created by development within the
affected territory, and that the fees are fairly
apportioned on individual dwelling units throughout
the affected territory on the basis of benefits conferred on property proposed for development and the need
for such facilities created by the proposed
development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report.
(I) The City Council also finds that the cost
estimates set forth in the development impact fee
report are reasonable and will not exceed the
reasonably estimated total of these costs.
(J) The library collection fees collected pursuant
to this chapter shall be used only to finance additions to the library collection described or identified in the “Library Facility and Collection” section of the
Master Facility Plan.
(K) The library facilities and collection fee is
imposed on new residential development, and the
amount of such fee shall be set by resolution of the
Mayor and CommonCity Council.
§ 3.27.090 PUBLIC MEETING FACILITIES
IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential property in
the affected territory will create a need for increased public meeting facilities. As a result, additional public meeting facilities will be needed to maintain the
current level of service.
(B) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The provision of public meeting facilities is
identified in the “Public Use Facilities” section of the Master Facility Plan and is necessary to provide
adequate public meeting facilities within the city.
(D) The development impact fee report describes
in detail the current city standard for number of public meeting facilities per person; the number of persons an average single-family, multiple-family or mobile home
park residence generates; the public meeting facilities required to service new development; and estimates of
the costs of public meeting facilities to maintain the
current level of service.
(E) The entire affected territory will derive
benefit from the public meeting facilities and should be assessed per the provisions of this chapter and pay a
fair share of the cost thereof based on the benefit
derived therefrom.
(F) After consideration of the development
impact fee report and testimony at a public hearing,
the Mayor and CommonCity Council approves the
development impact fee report, and based thereon
finds that new development in the affected territory
will create needs for public meeting facilities that the acquisition of the public improvements funded by this
chapter will meet.
(G) The Mayor and CommonCity Council also
find that the costs of public meeting facilities funded by this chapter are apportioned relative to the
anticipated impacts created by development within the
affected territory, and that the fees are fairly
apportioned on individual dwelling units throughout
the affected territory on the basis of benefits conferred on property proposed for development and the need
for such facilities created by the proposed
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development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report.
(I) The Mayor and CommonCity Council also
find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed
the reasonably estimated total of these costs.
(J) The public meeting facilities fees collected
pursuant to this chapter shall be used only to finance
additions to the public meeting facilities described or identified in the “Community Public Use Facilities”
section of the Master Facility Plan.
(K) The public meeting facilities impact fee is
imposed on new residential development, and the
amount of such fee shall be set by resolution of the
Mayor and CommonCity Council.
§ 3.27.100 AQUATICS FACILITIES IMPACT
FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential property in
the affected territory will create a need for increased aquatics facilities. As a result, additional aquatics
facilities will be needed to maintain the current level of service.
(B) Pursuant to Article 11XI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The provision of aquatic center facilities is
identified in the “Aquatic Center Facilities” section of the Master Facility Plan and is necessary to provide
adequate aquatic center facilities within the city.
(D) The development impact fee report describes
in detail the current city standard for aquatic center
facilities per person; the number of persons an average single-family, multiple-family or mobile home park
residence generates; the aquatic center facilities
required to service new development; and estimates of
the costs of aquatic center facilities to maintain the
current level of service.
(E) The entire affected territory will derive
benefit from the aquatic center facilities and should be assessed per the provisions of this chapter and pay a
fair share of the cost thereof based on the benefit
derived therefrom.
(F) After consideration of the development
impact fee report and testimony at a public hearing,
the Mayor and CommonCity Council approve the
development impact fee report, and based thereon
finds that new development in the affected territory
will create needs for aquatic center facilities that the acquisition of the public improvements funded by this
chapter will meet.
(G) The Mayor and CommonCity Council also
find that the costs of aquatic center facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected
territory, and that the fees are fairly apportioned on
individual dwelling units throughout the affected
territory on the basis of benefits conferred on property proposed for development and the need for such
facilities created by the proposed development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development impact
fee report.
(I) The Mayor and CommonCity Council also
find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed
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Development Impact Fees 39
the reasonably estimated total of these costs.
(J) The aquatic center facilities fees collected
pursuant to this chapter shall be used only to finance
additions to the community’s aquatic center facilities
described or identified in the “Aquatic Center
Facilities” section of the Master Facility Plan.
(K) The aquatic center facilities impact fee is
imposed on new residential development, and the
amount of such fee shall be set by resolution of the
Mayor and CommonCity Council.
§ 3.27.105 STORM DRAIN DEVELOPMENT
IMPACT FEE - FINDINGS.
The Mayor and CommonCity Council find as
follows.
(A) The development of residential and other
property in the affected territory will generate the need for additional storm drainage structures and
improvements to handle runoff from surface and storm
waters. As a result, the addition of storm drainage
facilities will be needed to maintain the current level of service.
(B) Pursuant to Article IIXI, § 7 of the
California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.
(C) The provision of storm drainage facilities is
identified in the “Storm Drainage Facilities” section of the Master Facility Plan and is necessary to provide
adequate storm drainage facilities within the city.
(D) The development impact fee report describes
in detail the additional storm drainage facilities needed for the affected territory and estimates of the costs for those facilities.
(E) The entire affected territory will derive
benefit from the storm drainage facilities and should
be assessed per the provisions of this chapter and pay
a fair share of the cost thereof based on the benefit
derived therefrom.
(F) After consideration of the development
impact fee report and the addendum thereto and
testimony at this public hearing, the Mayor and
CommonCity Council approves the development
impact fee report and the addendum thereto, and based
thereon, finds that new residential and other
development in the affected territory will create storm drainage impacts which the installation of storm
drainage facilities funded by this chapter will offset. (G) The Mayor and CommonCity Council also
find that the costs of the storm drainage facilities
funded by this chapter are apportioned relative to the
anticipated impacts created by residential and other
development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and/or commercial/industrial square footage,
throughout the affected territory on the basis of
benefits conferred on property proposed for residential and other development and the need for such facilities
created by the proposed development.
(H) The facts and evidence establish that there is
a reasonable relationship between the need for the
described public facilities and the needs created by the types of development on which the fee will be
imposed, and that there is a reasonable relationship
between the fee’s use and the types of development for
which the fee is charged. This reasonable relationship
is described in more detail in the development fee
impact report and the addendum thereto.
(I) The Mayor and CommonCity Council also
find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed
the reasonably estimated total of these costs.
(J) The storm drain development impact fee is
imposed on new residential, commercial and industrial
development, and the amount of such fee shall be set
by resolution of the Mayor and CommonCity Council.
(Ord. MC-1238, passed 1-23-2007)
§ 3.27.110 ACCOUNTING AND
DISBURSEMENT OF FEES.
(A) (1) Each of the fees paid pursuant to this
chapter shall be placed in a separate fund, each of
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which may be further segregated by specific projects.
(2) These funds shall be known,
respectively, as:
(a) The Law Enforcement
Development Fee Fund;
(b) The Fire Protection Development
Fee Fund;
(c) The Local Circulation System
Development Fee Fund;
(d) The Regional Circulation System
Development Fee Fund;
(e) The Quimby Act Parkland and
Open Space Acquisition and Park Improvement
Development Fee Fund;
(f) The AB 1600 Parkland and Open
Space Acquisition and Park Improvement
Development Fee Fund;
(g) The Library Facilities and
Collection Development Fee Fund;
(h) The Public Meeting Facilities
Development Fee Fund;
(i) The Aquatics Center Facilities
Development Fee Fund; and
(j) The Storm Drainage Impact Fee
Fund.
(B) These funds, and interest earned thereon,
shall be expended solely for construction and/or
acquisition of the corresponding public facilities as
shown in the Master Facility Plan, or for
reimbursement for construction and/or acquisition of
those public facilities.
(Ord. MC-1238, passed 1-23-2007)
Statutory reference:
Quimby Act, see Cal. Gov't Code, § 66477
§ 3.27.140 DEVELOPMENT FEE CREDITS;
PREPAYMENT.
(A) The owner of a parcel of property otherwise
required to pay a fee under this chapter shall receive
a credit for the corresponding development fee when
that owner constructs or donates a facility, or a portion thereof, identified in the Master Facility Plan,
regardless of how it may be financed, that serves the
owner’s parcel or parcels. The development fee credit
shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant
to this chapter. The facility must be built in
compliance with all applicable laws governing the
construction of public improvements.
(B) The amount of the development fee credit
shall equal the city’s most recent estimated cost of
constructing and/or furnishing the facility, or the
portion of the facility actually completed or purchased, by contract or utilizing city forces.
(C) The owner of a parcel of property may be
further entitled to a development fee credit where the
city determines, on a case-by-case basis, that the
construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire city even though it does not directly serve the owner’s
project or is of greater capacity than that required to serve the owner’s project adequately.
(D) The amount of the development fee credit
shall be determined after inspection and acceptance of
the facility at the time of payment of the corresponding facilities fee.
(E) If an owner pays the facilities fee assessed
under this chapter and later elects, after city approval, to accelerate the development by constructing or
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purchasing facilities for the project, the owner may
apply for and receive a refund, up to the amount of the facilities fee, for such facilities after those facilities are certified by the City Engineer as complying with the
appropriate Master Facility Plan, city ordinances and
applicable law.
(F) To the extent that an owner is granted a
development fee credit, such owner shall not be
entitled to a future reimbursement for such facility
except as provided in § 3.27.150.
(G) A development fee credit is an obligation of
the city that runs with the land and inures to the
benefit of each successor in interest of the original
landowner until full credit has been received.
(H) A developer shall also be entitled to a credit
if the city and developer have executed an agreement
or there is a preexisting ordinance which specifically
exempts the developer from the payment of one or
more of the fees enacted under this chapter. The
availability of the credit and its amount shall be
determined by the city on a case-by-case basis based
on the provisions of the applicable agreement.
(I) A developer or any public agency may
prepay all or any portion of one or more fees under
this chapter through the use of funds, revenues or
grants that are derived from sources other than those
of the city or revenues generated from the fees
collected under this chapter. The Mayor and
CommonCity Council are authorized to enter
agreements with developers or public agencies to
accept any prepayments of one or more of the fees
under this chapter based upon findings and
determinations to be made by the Mayor and
CommonCity Council to acknowledge said prepayment
and to approve any agreement with any developer or
public agency to evidence such prepayment.
§ 3.27.150 REIMBURSEMENT.
(A) The owner of a parcel of property otherwise
required to pay a facilities fee under this chapter will be entitled to enter into a reimbursement agreement to
reimburse from subsequently collected development
fees the direct and verifiable costs of installing or
furnishing public improvements, or portions thereof,
identified in the appropriate Master Facility Plan
where all of the following conditions are satisfied:
(1) The owner has constructed a public
improvement, or portion thereof, that is identified in
the appropriate Master Facility Plan;
(2) The city required that the public
improvement be constructed to contain supplemental
size, capacity, number or length for the benefit of
property not within the owner’s project;
(3) The city approved, prior to construction
or furnishing, the proposed budget for the project and
finds any change to that budget fair and reasonable;
(4) The public improvement, or portion
thereof, has been dedicated to the public; and
(5) The public improvement, or portion
thereof, has been built in compliance with all
applicable laws governing the construction of public
works.
(B) The city shall not reimburse the owner for
costs related to financing any public facility.
(C) An owner shall only be entitled to
reimbursement to the extent that any public facility
project benefits property not within the owner’s
project. Thus, an owner may receive a development
fee credit, as provided in § 3.27.140, for the portion
of a public facility that serves the owner’s project and reimbursement for the oversized or extra-capacity or
extended portion of a public facility that benefits
subsequently developed property.
(D) In no event shall an owner receive a
development fee credit and/or reimbursement in excess
of the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually
completed, by contract or by utilizing city forces.
(E) Any reimbursement agreement entered into
under this section shall require the city, for a period of Packet Page 308
42 San Bernardino - Revenue and Finance
up to 15 years, to reimburse the owner from the
proceeds of the facilities fees collected from new
projects that directly benefit from the facilities
financed by the facilities fee or fees and which are the subject of the reimbursement agreement.
Reimbursement shall only be made from fees collected
to fund improvements which are of the same type as
the improvement constructed by the owner, and from
no other source. The terms of the reimbursement shall
be set forth in the reimbursement agreement.
§ 3.27.170 DEFERRALS.
(A) The Mayor and CommonCity Council are
empowered to grant deferral of any fee imposed by
this chapter upon the recommendation of the Director
of Development Services, except the regional
circulation systems fee established in § 3.27.060. Such deferral may only be granted after notice and hearing
if, in the opinion of the Mayor and CommonCity
Council, properly supported by specific findings,
deferral would allow a better or fairer financing
arrangement to be developed and imposed. Findings
must be based on written and other evidence submitted
by the property owner, substantiating the owner’s
contention that the fee should be deferred.
(B) Findings must include facts supporting
deferral, including, without limitation, findings that in the case of deferral:
(1) Other properties to be benefitted by any
fee will not be burdened by the review and delay in fee imposition;
(2) Alternative financing methods involving
more than one owner have been proposed for review;
or
(3) Delay will result in a more fair funding
arrangement.
§ 3.27.180 APPLICATION TO
SUBSEQUENTLY ANNEXED LAND.
As areas not presently situated within the city
boundaries seek to annex to the city, the Mayor and
CommonCity Council shall determine the benefit to
such land areas of the public facilities and
infrastructure funded by this chapter. The Mayor and
CommonCity Council shall impose development fees,
in whole or in part, as established by this chapter,
upon such annexed areas to the extent necessary to
assure that such areas pay their fair share of the actual costs of all necessary public facilities and
infrastructure benefitting their projects, unless the
Mayor and CommonCity Council determines that such
an imposition would cause inequities or that a better or fairer financing arrangement can and should be
developed and imposed.
(Ord. MC-1222, passed 4-6-2006)
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CHAPTER 3.28: SPECIAL PUBLIC HEALTH FUND
Section
3.28.010 Created and established
3.28.020 Receipt and expenditure of funds
§ 3.28.010 CREATED AND ESTABLISHED.
There is created and established a fund to be
called the Special Public Health Fund, and all funds
received under and by virtue of the Cal. Health and
Safety Code, Division 1, Part 2, Chapter 8 (Chapter
1562, Statutes of 1947-AB 2223)101, Part 3, Chapter
3 and § 1327, Title 17, “Public Health” of Cal.
Administrative Code of Regulations, and all
expenditures therefrom shall only be made in
accordance with said act.
(Ord. 1825, passed 4-27-1948)
§ 3.28.020 RECEIPT AND EXPENDITURE OF
FUNDS.
To comply with the provisions of § 1327, Title
17, “Public Health” of Cal. Administrative Code of
Regulations, all funds received and expended under
and by virtue of said act since May 1, 1948 shall be
placed in and expended from the Special Public Health
Fund.
(Ord. 1825, passed 4-27-1948)
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CHAPTER 3.32: PUBLIC PARK DEVELOPMENT AND RECREATION FUND Section
3.32.010 Created and established
3.32.020 Transfer of money
§ 3.32.010 CREATED AND ESTABLISHED.
There is created and established a fund to be
called the Public Park Development and Recreation
Fund. All expenditures from said fund shall be for the
extension and development of the public park system
of the city and for the construction and reconstruction of facilities for public recreation; the construction of recreation buildings with equipment, apparatus and
furniture therefor; and including, for the foregoing,
the acquisition of any land, property, easements,
rights-of-way, equipment, apparatus and other
property necessary therefor.
(Ord. 2374, passed 7-24-1961; Ord. 2743, passed
5-17-1966)
§ 3.32.020 TRANSFER OF MONEY.
Each and every year the Mayor and CommonCity
Council shall fix and establish for the General Fund at least $0.04 tax per $100 assessed valuation and the
amount derived from said tax shall be transferred
during the same fiscal year from the General Fund to
the Public Park Development and Recreation Fund.
(Ord. 2374, passed 7-24-1961; Ord. 2743, passed
5-17-1966)
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48 San Bernardino - Revenue and Finance
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CHAPTER 3.36: CEMETERY FUND
Section
3.36.010 Endowment Care Fund and
Capital Improvement Fund
created
3.36.020 Cemetery Fund established
3.36.030 Duty of City Treasurer
Cross-reference:
For provisions on the city cemetery, see
Chapter 2.44.
§ 3.36.010 ENDOWMENT CARE FUND AND
CAPITAL IMPROVEMENT FUND CREATED.
(A) There are created the Cemetery Endowment
Care Fund and the Cemetery Capital Improvement
Fund. All sums of money received from the sale of
interment lots or plots, or from cemetery endowment
care contracts, shall be deposited in the Cemetery
Endowment Care Fund; provided that the sum of $35
received from the sale of, or an endowment care
contract for, any such lot or plot shall be deposited in the Cemetery Capital Improvement Fund. Money in
the Cemetery Capital Improvement Fund shall be
expended only for cemetery capital improvements
recommended by the Cemetery Commission and
approved by the Mayor and CommonCity Council.
(B) Earnings from the Cemetery Endowment
Care Fund shall be deposited and used exclusively for
the care of the lots, exclusive of any driveways or
pathways for which endowment care has been
contracted.
(Ord. 858, passed 4-11-1922; Ord. 3641, passed
5-25-1977)
§ 3.36.020 CEMETERY FUND ESTABLISHED.
There is established a Cemetery Fund. All sums
of money received by the Commission otherwise than
as provided for in § 3.36.010 shall be paid into this
fund, and out of this fund shall be paid all costs and
expenses of maintaining the Pioneer Cemetery.
(Ord. 858, passed 4-11-1922)
§ 3.36.030 DUTY OF CITY TREASURER.
All of the funds enumerated in this chapter shall
be kept by the City Treasurer, and any and all
payments made therefrom shall be made upon the
order of the Mayor and CommonCity Council or the
City Treasurer when so authorized. Said funds shall be
kept on deposit in accordance with the laws pertaining
to the depositing of other city public funds, and the
Mayor and CommonCity Council or the City
Treasurer may invest and reinvest said funds or such
portion as they shall deem advisable in such
investments as are approved under the laws pertaining
to the investment of sinking or surplus funds of the
city, including, but not limited to, investments in
United States savings bonds.
(Ord. 858, passed 4-11-1922; Ord. 2508, passed
7-2-1963)
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CHAPTER 3.38: PLANNED LOCAL DRAINAGE FACILITIES FUND
Section
3.38.010 Need for facilities
3.38.020 Adoption of drainage plan
3.38.030 Fund established
3.38.040 Drainage fee
3.38.050 Disposition of certain funds
3.38.060 Reserved
§ 3.38.010 NEED FOR FACILITIES.
The need for additional drainage facilities
throughout the city has been clearly demonstrated in
Comprehensive Storm Drain Plan, Nos. 3, 4, 6 and 7,
prepared for Zones 2 and 3 of the County Flood
Control District, copies of which are on file in the
office of the City Clerk.
(Ord. MC-126, passed 1-7-1982)
§ 3.38.020 ADOPTION OF DRAINAGE PLAN.
The entire city is designated to be single local
drainage area, and Comprehensive Storm Drain Plan,
Nos. 3, 4, 6 and 7 of the County Flood Control
District are adopted as the Drainage Plan for the city. (Ord. MC-126, passed 1-7-1982)
§ 3.38.030 FUND ESTABLISHED.
The Planned Local Drainage Facilities Fund is
established. The Planned Local Drainage Facilities
Fund is deemed to be the fund provided for in § 66483
of the State Subdivision Map Act, being Cal. Gov’t
Code, §§ 66410 et seq. Monies in said fund shall be
expended solely for the design and construction of
local drainage facilities within the city.
(Ord. MC-126, passed 1-7-1982)
§ 3.38.040 DRAINAGE FEE.
(A) There is imposed a drainage fee on all land
development within the city. The amount and payment
schedule for said fee shall be established by resolution of the CommonCity Council. All drainage fees
collected shall be deposited in the Planned Local
Drainage Facilities Fund.
(B) Notwithstanding the above, no drainage fee
shall be charged for houses being relocated from one
site to another site within the city as a result of moving the house from a disaster area where the resolution of
the Mayor and CommonCity Council declaring the
disaster area specifically references this section of the code.
(C) The fee prescribed in division (A) above
shall not be charged for the construction of any
buildings which replace structures on a site previously developed, except to the extent that the fee for the use established by the new construction exceeds the fee
charged for the use of the structures being replaced.
(D) For the construction of new single-family
homes, the fees imposed by this section may be
deferred at the request of the owner of the property
until the release of utilities is issued or 18 months
from the issuance of the building permit, whichever is
less. The owner of the property must personally
guarantee payment of the fees, sign documents
authorizing the city to place a lien on the property in the amount of the fees, agree to place the payment of
the fees in any escrow for the sale of the property,
authorize the city to demand payment in any such
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52 San Bernardino - Revenue and Finance
escrow and pay an administrative fee set by resolution
of the Mayor and CommonCity Council. The amount
of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the
Building Official where necessary for security or
maintenance purposes.
(Ord. MC-126, passed 1-7-1982; Ord. MC-155,
passed 4-20-1982; Ord. MC-433, passed 2-5-1985;
Ord. MC-1044, passed 4-7-1999; Ord. MC-1045,
passed 4-20-1999)
§ 3.38.050 DISPOSITION OF CERTAIN
FUNDS.
All monies in the Planned Local Drainage
Facilities Fund not immediately required for
construction purposes shall be invested in a manner
provided by law in the state and all interest paid for
such investment shall accrue to said fund.
(Ord. MC-126, passed 1-7-1982)
§ 3.38.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-452, passed 4-15-1985)
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CHAPTER 3.40: PROPERTY TAXES
Section
3.40.010 Election to use provisions of state
statute
3.40.020 Request of statement from
County Auditor
Cross-reference:
For Charter provisions on the system for
assessment, levy and collection of taxes, see
City Charter, § 41.
Statutory reference:
For provisions pertaining to alternative methods
of property tax assessments and the like, see
Cal. Gov’t Code, §§ 43093 et seq.
§ 3.40.010 ELECTION TO USE PROVISIONS
OF STATE STATUTE.
The city elects to avail itself of those provisions
of the Cal. Gov’t Code, Title 4, Division 4, Chapter
1, Article 2, §§ 43090 et seq., said provisions setting forth the alternative method for the levy and collection of city property taxes wherein and whereby the same
are levied and collected by the county; and, until
further order, the assessment of taxable property
within the city, and the levy and collection of taxes for revenue to carry on the various departments of the city and to pay the bonded and other indebtedness, shall be
assessed, levied and collected as provided in said code and the City Charter.
(Ord. 3904, passed 1-24-1980)
§ 3.40.020 REQUEST OF STATEMENT FROM
COUNTY AUDITOR.
The County Auditor is requested, pursuant to Cal.
Gov’t Code, § 43090, to transmit to the legislative
body of the city a written statement showing the total
value of all property within the city, including the
“Old City” as the city was originally constituted, and
all property subsequently annexed thereto, as described in an ordinance of the city concerning annexation
Districts Nos. 1 to 318, inclusive.
(Ord. 3904, passed 1-24-1980)
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54 San Bernardino - Revenue and Finance
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CHAPTER 3.44: SERVICE USERS TAX
Section
3.44.010 Definitions
3.44.020 Constitutional exemptions
3.44.025 Public schools exemption
3.44.030 Reserved
3.44.040 Reserved
3.44.050 Electricity users tax
3.44.060 Gas users tax
3.44.065 Application of city users tax
3.44.070 Delinquent taxes - penalties
3.44.080 Liability of service user - debt of
service provider
3.44.090 Duty to collect - procedures
3.44.100 Additional powers and duties of
the Director of Finance and
Management Services
3.44.110 Assessment - administrative
remedy
3.44.120 Records
3.44.130 Overpayment, extra payment -
refunds
3.44.131 Utility users tax rebate program
3.44.135 Refunds by service provided
3.44.140 Refunds - low income residents
of mobile-home parks with
master meters
3.44.144 Exemption for household service
users - low income
3.44.150 Violation - penalty
3.44.160 Setting aside increase
3.44.170 Review of tax upon service
charge increase
§ 3.44.010 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
MONTH. A calendar month.
PERSON. Includes, but is not limited to, any
domestic or foreign corporation, firm, association,
syndicate, joint stock company, partnerships of any
kind, joint venture, club, Massachusetts business or
common law trust, society and individuals.
SERVICE USER. A person required to pay a tax
imposed under the provisions of this chapter.
(Ord. 2931, passed 8-13-1968; Ord. MC-837, passed
6-3-1992; Ord. MC-899, passed 3-22-1994)
§ 3.44.020 CONSTITUTIONAL EXEMPTIONS.
Nothing in this chapter shall be construed as
imposing a tax upon any person when imposition of
such tax upon that person would be in violation of the
U.S. Constitution or that of the state.
(Ord. 2931, passed 8-13-1968)
§ 3.44.025 PUBLIC SCHOOLS EXEMPTION.
Due to the status of the San Bernardino Unified
School District as an agency established by the City
Charter and due to the strong public policy in favor of encouraging and assisting the provision of public
education, public schools are exempted from the
imposition of the service users tax.
(Ord. MC 814, passed 12-3-1991)
§ 3.44.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-1275, passed 7-22-2008)
§ 3.44.040 RESERVED.
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56 San Bernardino - Revenue and Finance
[Reserved]
(Repealed by Ord. MC-1275, passed 7-22-2008)
§ 3.44.050 ELECTRICITY USERS TAX.
(A) A tax is imposed upon every person in the
city using electrical energy in the city. The tax
imposed by this section shall be at the rate of 7.75%
of the charges made for such energy and shall be paid
by the person paying for such energy.
(B) As used in this section, the term USING
ELECTRICAL ENERGY shall not be construed to
mean the storage of such energy by a person in a
battery owned or possessed by him or her for use in an
automobile or other machinery or device apart from
the premises upon which the energy was received;
provided, however, that the term shall include the
receiving of such energy for the purpose of using it in the charging of batteries; nor shall the term include the mere receiving of such energy by an electric public
utility or governmental agency at a point within the
city for resale; or the use of such energy in a
production or distribution of water by a public utility or governmental agency; or the use of such energy
utility or a governmental agency; or the use of such
energy for the production and distribution of water for lawn and landscape irrigation of cemeteries.
(C) The tax imposed in this section shall be
collected from the service user by the person supplying such energy. The amount of tax collected in one month
shall be remitted to the Director of Finance and
Management Services on or before the twentieth day
of the following month.
(Ord. 2931, passed 8-13-1968; Ord. 3510, passed
6-27-1975; Ord. 3796, passed 1-9-1979; Ord.
MC-297, passed 8-4-1983; Ord. MC-820, passed
2-19-1992; Ord. MC-939, passed 6-6-1995; Ord.
MC-1173, passed 5-5-2004; Ord. MC-1230, passed
9-6-2006; Ord. MC-1263, passed 2-11-2008; Ord.
MC-1625, passed 2-21-2024)
§ 3.44.060 GAS USERS TAX.
(A) A tax is imposed upon every person in the
city using gas which is delivered through mains or
pipes. The tax imposed by this section shall be at the
rate of 7.75% of the charges made for such gas and
shall be paid by the person paying for such gas.
(B) There shall be excluded from the base on
which the tax imposed in this section is computed
charges made for gas which is to be resold and
delivered through mains or pipes; charges made for
gas sold for use in the generation of electrical energy or for the production of water by a public utility or
governmental agency; and charges made by a gas
public utility for gas used and consumed in the conduct of the business of gas public utilities.
(C) The tax imposed in this section shall be
collected from the service user by the person selling
the gas. The amount collected in one month shall be
remitted to the Director of Finance and Management
Services on or before the twentieth day of the
following month.
(Ord. 2931, passed 8-13-1968; Ord. 3510, passed
6-27-1975; Ord. 3796, passed 1-9-1979; Ord.
MC-297, passed 8-4-1983; Ord. MC-820, passed
2-19-1992; Ord. MC-939, passed 6-6-1995; Ord.
MC-1173, passed 5-5-2004; Ord. MC-1230, passed
9-6-2006; Ord. MC-1263, passed 2-11-2008; Ord.
MC-1625, passed 2-21-2024)
§ 3.44.065 APPLICATION OF CITY USERS
TAX.
The 7.75% users tax imposed on
telecommunication services pursuant to Chapter 3.46,
on electrical service pursuant to § 3.44.050, and on
gas service pursuant to § 3.44.060 shall be imposed
only upon charges made for consumer services. The
7.75% users tax shall not be levied upon any state or
federal tax, fee or surcharge which is separate from
the users service charges. This section is intended to
clarify existing law; it does not propose any change in the method of calculation of the utility users tax.
(Ord. MC-556, passed 11-4-1986; Ord. MC-820,
passed 2-19-1992; Ord. MC-939, passed 6-6-1995;
Ord. MC-1173, passed 5-5-2004; Ord. MC-1230,
passed 9-6-2006; Ord. MC-1275, passed 7-22-2008)
§ 3.44.070 DELINQUENT TAXES -
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Service Users Tax 57
PENALTIES.
(A) Taxes collected from a service user which
are not remitted to the Director of Finance and
Management Services on or before the due dates
provided in this chapter are delinquent.
(B) Penalties for delinquency in remittance of
any tax collected or any deficiency determination shall attach and be paid by the person required to collect
and remit at the rate of 15% of the total tax collected or imposed in this chapter.
(C) The Director of Finance and Management
Services shall have power to impose additional
penalties upon persons required to collect and remit
taxes under the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of 15% of the amount of the tax collected or as recomputed by
the Director of Finance and Management Services.
(D) Every penalty imposed under the provisions
of this section shall become a part of the tax required to be remitted.
(Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-1625, passed 2-21-2024)
§ 3.44.080 LIABILITY OF SERVICE USER -
DEBT OF SERVICE PROVIDER.
(A) Every service user is liable for the taxes
imposed by this chapter, and that liability is not
extinguished until the tax has been paid to the city,
except that proof of payment of the tax to the person
providing the service is sufficient to relieve the service user from further liability for the tax to which the
receipt refers.
(B) Each service provider shall bill for utility
users taxes accrued at the rate established in this code, coincident with the provider’s own bill for service
provided, all persons, except those specifically
exempted from such tax. Any tax collected by the
provider from the service user, together with any
amount uncollected due to the failure or neglect of the service provider to bill for or attempt to collect the
tax, shall constitute a debt owed by the service
provider to the city. If the service user fails or refuses to pay any such tax, the provider shall not be liable for any billed but uncollected tax. Each service provider
shall provide to the City Director of Finance and
Management Services, at least annually, a list of the
names, addresses and amount of tax billed but unpaid,
together with such data as may be required by the
Director of Finance and Management Services to
enable him or her to pursue the matter through court
or otherwise. Any amount collected as tax from a
service user which has not been remitted to the
Director of Finance and Management Services is a
debt owed to the city by the person or entity required
to collect and remit the tax, unless such amount has
been refunded or credited to the service user.
(C) Any person owing money to the city under
the provisions of this chapter shall be liable in an
action brought in the name of the city for the recovery of the debt, together with costs, interest and penalties. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-337, passed 1-25-1984; Ord.
MC-1625, passed 2-21-2024)
§ 3.44.090 DUTY TO COLLECT -
PROCEDURES.
The duty to collect and remit the taxes imposed
by this chapter shall be performed as follows.
(A) The tax shall be collected insofar as
practicable at the same time as and along with the
charges made in accordance with the regular billing
practice. If the amount paid by a service user is less
than the full amount of the charge and tax which has
accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have
been paid.
(B) The duty to collect tax from a service user
shall commence with the beginning of the first regular
billing period applicable to that person which starts on or after the operative date of the ordinance codified in this chapter. Where a person receives more than one
billing, one or more being for different periods than
another, the duty to collect shall arise separately for each billing period.
(Ord. 2931, passed 8-13-1968)
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58 San Bernardino - Revenue and Finance
§ 3.44.100 ADDITIONAL POWERS AND
DUTIES OF THE DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES.
The Director of Finance and Management
Services shall have the power and duty and is directed
to enforce each and all of the provisions of this
chapter.
(Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-1625, passed 2-21-2024)
§ 3.44.110 ASSESSMENT - ADMINISTRATIVE
REMEDY.
(A) The Director of Finance and Management
Services may make an assessment for taxes not paid or
remitted by a person required to pay or remit. The
Director of Finance and Management Services shall
prepare a notice of the assessment which shall refer
briefly to the amount of the taxes and penalties
imposed and the time and place when such assessment
shall be submitted to the Mayor and CommonCity
Council for confirmation or modification. The City
Clerk shall mail a copy of such notice to the person
selling the service and to the service user at least ten days prior to the date of the hearing and shall post
such notice for at least five continuous days prior to
the date of the hearing on the chamber door of the
Mayor and CommonCity Council. Any interested
party having any objections may appear and be heard
at the hearing; provided his or her objection is filed in writing with the City Clerk prior to the time set for the hearing. At the time fixed for considering the
assessment, the Mayor and CommonCity Council shall
hear the same, together with any objection filed as
aforesaid and thereupon may confirm or modify the
assessment by motion.
(B) Whenever the Director of Finance and
Management Services determines that a service user
has deliberately withheld the amount of the tax owed
by him or her from the amounts remitted to a person
required to collect the tax, or that a service user has failed to pay the amount of the tax to such person for
a period of two or more billing periods, or whenever
the Director of Finance and Management Services
deems it in the best interest of the city, he or she may relieve such person of the obligation to collect taxes
due under this chapter from certain named service
users for specified billing periods. The Director of
Finance and Management Services shall notify the
service user that he or she has assumed responsibility
to collect the taxes due for the stated periods and
demand payment of such taxes. The notice shall be
served on the service user by handing it to him or her
personally or by deposit of the notice in the United
States mail, postage prepaid thereon, addressed to the
service user at the address to which billing was made
by the person required to collect the tax; or, should the service user have changed his or her address, to his or her last known address. If a service user fails to remit the tax to the Director of Finance and Management
Services within 15 days from the date of the service of the notice upon him or her, which shall be the date of
mailing if service is not accomplished in person, a
penalty of 25% of the amount of the tax set forth in
the notice shall be imposed but not less than $5. The
penalty shall become part of the tax herein required to be paid.
(Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-1625, passed 2-21-2024)
§ 3.44.120 RECORDS.
It shall be the duty of every person required to
collect and remit to the city any tax imposed by this
chapter to keep and preserve, for a period of three
years, all records as may be necessary to determine the amount of such tax as he or she may have been liable
for the collection of and remittance to the Director of Finance and Management Services, which records the
Director of Finance and Management Services shall
have the right to inspect at all reasonable times.
(Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-1625, passed 2-21-2024)
§ 3.44.130 OVERPAYMENT, EXTRA
PAYMENT - REFUNDS.
(A) Whenever the amount of any tax has been
overpaid or paid more than once or has been
erroneously or illegally collected or received by the
Director of Finance and Management Services under
this chapter, it may be refunded as provided in this
section.
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Service Users Tax 59
(B) A person required to collect and remit taxes
imposed under this chapter may claim a refund or take
as credit against taxes collected and remitted the
amount overpaid, paid more than once or erroneously
or illegally collected or received when it is established in a manner prescribed by the Director of Finance and
Management Services that the service user from whom
the tax has been collected did not owe the tax;
provided, however, that neither a refund nor a credit
shall be allowed unless the amount of the tax so
collected has either been refunded to the service user
or credited to charges subsequently payable by the
service user to the person required to collect and
remit.
(C) No refund shall be paid under the provisions
of this section unless the claimant has submitted a
written claim to the Director of Finance and
Management Services within one year of the
overpayment of erroneous or illegal collection of said
tax. Such claim must clearly establish claimant’s right to the refund by written records showing entitlement
thereto. The submission of a written claim, which is
acted upon by the City Council, shall be a prerequisite to a suit thereon. (See Cal. Gov’t Code, § 935.) The
Mayor and CommonCity Council shall act upon the
refund claim within the time period set forth in Cal.
Gov’t Code, § 912.4; the claim shall be deemed to
have been rejected on the last day of the period within which the Mayor and CommonCity Council was
required to act upon the claim as provided in Cal.
Gov’t Code, § 912.4. It is the intent of the Mayor and
CommonCity Council that the requirement of this
division (C) to file a written claim within one year of the overpayment of erroneous or illegal collection of
said tax be given retroactive effect to all claims that arose under this Chapter 3.44 at any time period to the effective date of the ordinance incorporated in this
chapter; provided, however, that any claims which
arose prior to the commencement of the one-year
claims period of this division (C), and which are not
otherwise barred by a then applicable statute of
limitations or claims procedure, must be filed with the Director of Finance and Management Services as
provided in this division (C) within 90 days following
the effective date of the ordinance incorporated in this chapter.
(Ord. 2931, passed 8-13-1968; Ord. 3796, passed
1-9-1979; Ord. MC-899, passed 3-22-1994; Ord.
MC-1625, passed 2-21-2024)
§ 3.44.131 UTILITY USERS TAX REBATE
PROGRAM.
(A) Notwithstanding any other provision of this
chapter, in order to attract new businesses that provide significant numbers of higher-wage jobs, the following
utility users tax rebate program is established.
(1) Any new business that creates, after
January 1, 2000, between five to 49 new, permanent,
full-time jobs within the city (50% of such new jobs
shall pay at least $25,000 per year in wages and/or
commissions, except that the dollar requirement for
said jobs shall not apply to manufacturing and
distribution businesses) shall be eligible for a rebate on the amount of utility users tax, paid by such business
on electrical, gas, video and telephone communication
services, imposed by this chapter according to the
following schedule:
(a) First year: 75% rebate;
(b) Second year: 50% rebate;
(c) Third year: 25% rebate; and
(d) Fourth and subsequent years: no
rebate.
(2) Any new business that creates, after
January 1, 2000, 50 or more new, permanent,
full-time jobs within the city (50% of such new jobs
shall pay at least $25,000 per year in wages and/or
commissions, except that the dollar requirement for
said jobs shall not apply to manufacturing and
distribution businesses) shall be eligible for a rebate on the amount of utility users tax, paid by such business
on electrical, gas, video and telephone communication
services, imposed by this chapter according to the
following schedule:
(a) First year: 80% rebate;
(b) Second year: 60% rebate;
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60 San Bernardino - Revenue and Finance
(c) Third year: 40% rebate; and
(d) Fourth and subsequent years: no
rebate.
(3) Any new business not included under
divisions (A)(1) or (A)(2) above, which provides, after January 1, 2000, at least a 25% increase in assessed
valuation of the business’ real property over the
previous tax year as shown by the County Tax
Assessor’s records, or which generates at least
$40,000 in sales tax revenues per year remitted to the
city, shall be eligible for a rebate on the amount of
utility users tax, paid by such business on electrical, gas, video and telephone communication services,
imposed by this chapter according to the following
schedule:
(a) First year: 75% rebate;
(b) Second year: 50% rebate;
(c) Third year: 25% rebate; and
(d) Fourth and subsequent years: no
rebate.
(4) A new business qualified under
divisions (A)(1) or (A)(2) above shall also be eligible for an additional rebate of 1% on the amount of utility users tax paid, for each city resident that is hired to fill the new, permanent, full-time jobs created within the
city. Eligibility for any such additional rebates shall be established by determining the residency of the new
employees at the end of each year of rebate eligibility.
This determination shall be verified by the Economic
Development Agency with such supporting
documentation as may be required by the Economic
Development Agency. In no case shall the total rebate
paid to any claimant exceed the total amount of utility users tax paid on the period claimed, nor rebates be
paid for any term other than the schedule established
in divisions (A)(1) or (A)(2) above.
(5) To claim a rebate under this section, the
claimant shall submit a completed verified claim form
to the Economic Development Agency with such
supporting documentation as may be required by the
Economic Development Agency to determine
claimant’s eligibility and to establish the amount of
utility users tax paid by claimant on the period
claimed, and the commencement date of the “first
year,” as that term is used herein. A claim for a rebate shall be submitted annually to the Economic
Development Agency not later than three months after
the close of the year for which such refund is sought.
The verified claim must be signed by an authorized
officer of the claimant. The rebate shall be paid at the recommendation of the Economic Development
Agency and subject to approval of the Department of
Finance and Management Services.
(6) No rebates shall be paid if the subject
business is no longer in operation in the city.
(7) FIRST YEAR, as used in this section,
shall mean, for a new business, the 12-month period
immediately following the date of commencement of
business at the location for which a claim for rebate is filed.
(B) Not withstanding any other provision of this
chapter, in order to encourage the physical expansion
and/or creation of significant numbers of higher-wage
jobs by existing city businesses, the following utility users tax rebate program is established to complement
the program recently adopted for new businesses.
(1) Any business currently operating in the
city shall be eligible for a utility users tax rebate if, after January 1, 2000, it meets the criteria of at least two of the categories below:
(a) Category A: Expansion Criteria:
1. The business expands by
completing a permitted expansion at its current
location, resulting in an increase of at least 25% of the current construction valuation of the existing building; or
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Service Users Tax 61
2. The business relocates within
the city, and the relocation is to a facility with at least 25% more square feet than the previous location.
(b) Category B: Job Criteria: the
business creates and maintains at least five new,
permanent, full-time jobs (50% of such new jobs shall
pay at least $25,000 per year in wages and/or
commissions, except that the dollar requirement for
said jobs shall not apply to manufacturing and
distribution businesses) in addition to the jobs already existing at the current location(s) within the city, and sustains that job increase over the previous 12 month
period prior to the application for the rebate.
(c) Category C: Sales Tax Criteria: the
business generates at least $10,000 more in sales or
use tax revenues to the city than was generated in the
previous 12-month period prior to application for the
rebate.
(d) If qualified under this section, the
business shall be eligible for a rebate on the amount of paid utility users tax paid by such business on
electrical, gas, video and telephone communication
services, imposed by this chapter according to the
following schedule:
1. First year: 75% rebate;
2. Second year: 50% rebate;
3. Third year: 25% rebate; and
4. Fourth and subsequent years:
no rebate.
(e) In no case shall any qualified
business receive a rebate that exceeds the amount of
additional sales or use tax revenues received by the
city during the previous 12-month period prior to
application for the rebate. Additionally, if the business is receiving assistance from the Economic
Development Agency under an owner participation
agreement (“OPA”) or disposition and development
agreement (“DDA”), and the combined annual value
of Agency assistance provided together with proposed
utility tax rebate exceeds the amount of additional
annual sales tax revenue to the city, then the business shall not be eligible for the rebate.
(2) Any business currently operating in the
city, and not qualified under division (B)(1) above or
division (B)(3) below, shall be eligible for a utility
users tax rebate if it creates, after January 1, 2000 and maintains at least 50 new, permanent, full-time jobs
(50% of such new jobs shall pay at least $25,000 per
year in wages and/or commissions, except that the
dollar requirement for said jobs shall not apply to
manufacturing and distribution businesses) in addition
to the jobs already existing at the current location(s) within the city, and sustains that job increase over the previous 12-month period prior to application for the
rebate. If qualified, the business shall be eligible for a rebate of utility users tax paid on the following scale:
(a) First year: 75% rebate;
(b) Second year: 50% rebate;
(c) Third year: 25% rebate; and
(d) Fourth and subsequent years: no
rebate.
(3) Any business currently operating in the
city shall be eligible for a utility users tax rebate if, after January 1, 2000, it adds a new additional location within the city, and continues to operate the previously existing location or locations within the city for the
previous 12-month period prior to application for the
rebate. For purposes of this program, the additional
location shall be considered “new business” and shall
be eligible for rebates in accordance with the program
already established for new businesses (division (A)
above).
(4) Any business currently operating in the
city and qualified under divisions (B)(1) or (B)(2)
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62 San Bernardino - Revenue and Finance
above shall also be eligible for an additional rebate of 1% on the amount of utility users tax paid for each
city resident that is hired to fill the new, permanent
full-time jobs created within the city that meet the
wage criteria. Eligibility for any such additional
rebates shall be established by determining the
residency of the new employees at the end of each
year of rebate eligibility. This determination shall be verified by the Economic Development Agency with
such supporting documentation as may be required by
the Economic Development Agency. In no case shall
the total rebate paid to any claimant exceed the total
amount of utility users tax paid for the period claimed, nor shall rebates be paid for any term other than the
schedule established by this section.
(5) To claim a rebate under this section, the
claimant shall submit a completed verified claim form
to the Economic Development Agency with such
supporting documentation as may be required by the
Economic Development Agency to determine
claimant’s eligibility and to establish the amount of
utility users tax paid by claimant on the period
claimed, and the commencement date of the “first
year,” as that term is used herein. A claim for a rebate shall be submitted annually to the Economic
Development Agency not later than three months after
the close of the year for which such refund is sought.
The verified claim must be signed by an authorized
officer of the claimant. The rebate shall be paid at the recommendation of the Economic Development
Agency and subject to approval of the Department of
Finance and Management Services.
(6) No rebates shall be paid if the subject
business is no longer in operation in the city.
(7) FIRST YEAR, as used in this section,
shall mean, for an existing business, the 12-month
period immediately proceeding following the date the
claim for rebate is filed.
(Ord. MC-1065, passed 3-7-2000; Ord. MC-1078,
passed 8-8-2000; Ord. MC-1117, passed 3-5-2002;
Ord. MC-1625, passed 2-21-2024)
§ 3.44.135 REFUNDS BY SERVICE
PROVIDED.
(A) Notwithstanding any other provision of this
chapter, whenever a service supplier, pursuant to an
order of the State Public Utilities Commission or a
court of competent jurisdiction, makes a refund to
service users of charges for past utility services, the taxes paid pursuant to this chapter on the amount of
such refund charges shall also be refunded to service
users, and the service supplier shall be entitled to
claim a credit for such refunded taxes against the
amount of tax which is due upon the next monthly
returns. In the event this chapter is repealed prior to the time that the service supplier has received credit
for such refunded taxes, then the city shall pay the
amount of refunded taxes due.
(B) Prior to making any refund pursuant to
division (A) above, the service supplier shall provide, in the time and manner prescribed by the City
Administrator, a copy of the order of the State Public
Utilities Commission (or judgment of a court of
competent jurisdiction) mandating the refund and any
other relevant material or information.
(Ord. MC-510, passed 4-22-1986)
§ 3.44.140 REFUNDS - LOW INCOME
RESIDENTS OF MOBILE-HOME PARKS
WITH MASTER METERS.
(A) A refund of all taxes due and paid under the
provisions of this chapter for utility services rendered on and after January 1, 1984 to residents of
mobile-home parks whose utility services were
charged through a master meter shall be made
whenever all of the following occur:
(1) The annual gross income of the
household in which one person lives is less than an
amount set by the Mayor and CommonCity Council by
resolution;
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(2) The annual gross income of the
household in which a married couple or family lives is
less than an amount set by the Mayor and
CommonCity Council by resolution;
(3) The claimant makes application and files
a verified claim in writing with the Director of
Finance and Management Services at City Hall for
such refund upon a claim form provided by said
Director; and/or
(4) The claim is approved by said Director
as being in conformance with this division (A). Only
one member of each household may file a claim and
only one claim may be filed for each individual
household.
(B) The claimant shall be the person in whose
name the bills for utilities service were rendered.
INCOME OF THE HOUSEHOLD means an income
of the claimant’s household from all members living in
such household who are related to the claimant as a
spouse or as defined in the Cal. Revenue and Taxation
Code, §§ 17056 and 17057.
(C) GROSS INCOME means the sum of adjusted
gross income as used for purposes of the State
Personal Income Tax Law, together with the net
income from all sources of all kinds, including, but not limited to, alimony, support money, cash public
assistance and relief, pensions, annuities, social
security, interest on securities (including tax free
interest on governmental securities), realized capital
gains, workers’ compensation (not including medical
benefits), unemployment insurance income, insurance
benefits of all kinds (other than medical) and gifts,
except that income shall not include Medicare benefits, MediCal benefits, gifts of food and gifts between
members of the household, the receipt of surplus food
or other relief in kind supplied by a governmental
agency.
(D) The claim for such refund for the preceding
12-month period may be made at any time during the
year, and must be accompanied by proof that the
utility taxes have been paid by the claimant or some
member of the household.
(E) No refund shall be made to any person for
taxes levied on a utility account for which any utility tax is due and outstanding for the period for which
refund is claimed or for any prior period. No refund
shall be made for any tax which was paid with public
assistance or relief funds which included an allowance
to pay the tax.
(F) Nothing in this section shall be construed to
require that any utility company has any obligation to
make or furnish, for the purpose of the refund
provisions hereof, proof of utility taxes due or utility taxes paid.
(Ord. 2931, passed 8-13-1968; Ord. 3505, passed
6-17-1975; Ord. 3861, passed 9-12-1979; Ord.
MC-297, passed 8-4-1983; Ord. MC-330, passed
12-20-1983; Ord. MC-515, passed 4-22-1986; Ord.
MC-712, passed 3-19-1990; Ord. MC-1625, passed
2-21-2024)
§ 3.44.144 EXEMPTION FOR HOUSEHOLD
SERVICE USERS - LOW INCOME.
(A) Effective January 1, 1984, the tax imposed
by this chapter shall not apply to any individual who
uses telephone, electric, gas or cable television
services in or upon any premises occupied by such
individual provided that the following conditions are
satisfied:
(1) The annual gross income of the
household in which one person lives is less than an
amount set by the Mayor and CommonCity Council by
resolution;
(2) The annual gross income of the
household in which a married couple or family lives is
less than an amount set by the Mayor and
CommonCity Council by resolution; and/or
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(3) The conditions of § 3.44.140(A)(3),
(A)(4), (B), (C) and (F) are satisfied, with the word
“claimant” therein referring to the individual applying for exemption.
(B) Any person claiming exemption pursuant to
this section may file a claim for such exemption at any time in order to qualify for an exemption for the
subsequent 12-month period, or until a current
exemption is scheduled to expire.
(1) Between October 31, 1985 and the
effective date of this division (B), applications for
renewal of exemptions may be made to the Director of
Finance and Management Services, without prejudice,
by persons whose exemptions were scheduled to expire
on December 31, 1985. Exemptions granted under this
provision shall not be retroactive.
(2) An application for exemption or renewal
shall be made upon forms supplied by the Director of
Finance and Management Services and shall declare
facts under penalty of perjury which qualify the
applicant for the exemption.
(C) The Director of Finance and Management
Services, or his or her designee, shall review all
applications for exemption or renewal, certify as
exempt those applicants who qualify and notify all
service suppliers affected that such exemptions have
been approved, stating the name of the exempt
applicant, the account number shown on the utility
bill, the address to which exempt service is being
supplied and any other information necessary for the
service supplier to remove the exempt service user
from its tax billing procedure. Upon receipt of notice
from the Director of Finance and Management
Services, the service supplier shall not be required to collect any further tax imposed by this chapter from
such exempt service user until further notice from the
Director of Finance and Management Services. Prior
to the expiration date of each exemption, the Director
of Finance and Management Services shall send
notice, by ordinary mail, reminding the holder of the
expiration date. At the same time, the Director of
Finance and Management Services may also send a
renewal application which may be returned by
ordinary mail. These reminders shall be sent within
such reasonable time as to allow processing of the
renewal with no lapse in the exemption status.
(D) Each exemption shall expire 12 months after
the date it was issued, or December 31, 1986,
whichever date is later. The Director of Finance and
Management Services shall notify each service
supplier to resume collection of utility taxes on the
accounts of those service users who have not applied
for renewal of their exempt status or whose
applications for renewal have been denied. Upon
receipt of the written notification, these service
suppliers shall resume such collection on those
accounts affected commencing with the first billing
period beginning after the exemption expires.
Notwithstanding any of the provisions of this section,
any service supplier who determines, during any
calendar year, by any means readily available to it,
that a non-exempt service user is receiving services
through a meter or connection exempt by virtue of an
exemption issued to a previous user of the same meter
or connection, the service supplier shall forthwith
resume the collection of taxes imposed by this chapter
upon the non-exempt service user.
(E) Any individual who has been exempted from
the tax shall notify the Director of Finance and
Management Services within ten days of any change of
address or any other change in fact or circumstance
which might disqualify that individual from receiving
the exemption. If it is determined by the Director of
Finance and Management Services that the individual
is no longer qualified, the Director of Finance and
Management Services shall give notice to the service
supplier who shall resume collection of the tax
imposed by this chapter commencing with the next
billing period. If the user is entitled to exemption at a new address, the Director of Finance and Management
Services shall notify affected service suppliers of that fact.
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(F) It shall be a misdemeanor for any person to
knowingly receive the benefits of the exemptions
provided by this section when the basis for the
exemption either does not exist or ceases to exist. The Director of Finance and Management Services may,
from time to time, or at any time, demand evidence of
continued eligibility of a service user for exemption
under the provisions of this section. Such evidence
may include, without limit, copies of business records, letters or statements from the Social Security
Administration; copies of income tax returns; and
other evidence concerning the service user or members
of his or her household which may tend to prove or
disprove eligibility. Failure to provide sufficient
evidence to establish eligibility when requested by the Director of Finance and Management Services shall be
grounds for denial or discontinuance of the service
users’ exemption, but evidence voluntarily provided to
the Director of Finance and Management Services may
only be used as grounds for termination of the
exemption and not as evidence of violation of the
provisions of this section. If the Director of Finance
and Management Services determines that an
application for exemption is faulty or untruthful, the
application shall be denied in writing and the applicant may file an amended application or appeal the decision
of the Director of Finance and Management Services
to the City Administrator, whose decision shall be
final.
(G) No individual shall be exempt from the tax
imposed by this chapter except in accordance with this
section. The provisions of this section shall not apply retroactively, and no refund shall be made for any
taxes paid prior to the issuance and effective date of an exemption granted by the Director of Finance and
Management Services, nor shall any refund be made
for any taxes collected during any period in which an
exemption from the Director of Finance and
Management Services was not in effect or had lapsed
by failure to apply for renewal.
(Ord. MC-297, passed 8-4-1983; Ord. MC-515,
passed 4-22-1986; Ord. MC-712, passed 3-19-1990;
Ord. MC-1625, passed 2-21-2024)
§ 3.44.150 VIOLATION - PENALTY.
Any person violating any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 2931, passed 8-13-1968; Ord. MC-460, passed
5-15-1985)
§ 3.44.160 SETTING ASIDE INCREASE.
In the event the beginning undesignated fund
balance for the city’s General Fund in the 1984 to
1985 preliminary or final budget as in effect on July 1, 1984 is more than 5% of the proposed expenditures
and obligations of the General Fund for that budget, as determined by a written declaration filed by the
Director of Finance and Management Services with the
City Clerk, the tax imposed in this chapter shall be
reduced to 6% for all services effective upon the first billings after July 1, 1984.
(Ord. MC-297, passed 8-4-1983; Ord. MC-1625,
passed 2-21-2024)
§ 3.44.170 REVIEW OF TAX UPON SERVICE
CHARGE INCREASE.
Whenever the charge for any service upon which
a tax is imposed by this chapter is increased, the
Mayor and CommonCity Council shall review the
increased charge and determine whether or not the
service users tax shall be modified.
(Ord. MC-331, passed 1-10-1984)
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CHAPTER 3.46: SERVICE USERS TAX REDUCTION AND MODERNIZATION ACT Section
3.46.010 Short title
3.46.020 Definitions
3.46.030 Constitutional, statutory and
other exemptions
3.46.040 Communication users tax
3.46.050 Bundling taxable items with
non-taxable items
3.46.060 Substantial nexus/minimum
contacts
3.46.070 Duty to collect - procedures
3.46.080 Collection penalties - service
suppliers
3.46.090 Actions to collect
3.46.100 Deficiency determination and
assessment - tax application
errors
3.46.110 Administrative remedy -
non-paying service users
3.46.120 Additional powers and duties of
the Tax Administrator
3.46.130 Records
3.46.140 Refunds
3.46.150 Appeals
3.46.160 No injunction/writ of mandate
3.46.170 Notice of changes to ordinance
3.46.180 Future amendment to cited statute
3.46.190 Independent audit of tax
collection, exemption, remittance
and expenditure
3.46.200 No increase in tax percentage or
change in methodology without
voter approval
3.46.210 Remedies cumulative
3.46.220 Interaction with prior tax
3.46.230 Violation - penalty
§ 3.46.010 SHORT TITLE.
This chapter shall be known as the “Service Users
Tax Reduction and Modernization Act” of the city.
§ 3.46.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ANCILLARY TELECOMMUNICATION
SERVICES. Services that are associated with or
incidental to the provision, use or enjoyment of
telecommunications services, including, but not
limited to, the following services.
(1) CONFERENCE BRIDGING
SERVICE. An ancillary service that links two or more
participants of an audio or video conference call and
may include the provision of a telephone number.
CONFERENCE BRIDGING SERVICE does not
include the telecommunications services used to reach
the conference bridge.
(2) DETAILED TELECOMMUNICATIONS BILLING SERVICE. An ancillary service of separately stating information pertaining to
individual calls on a customer’s billing statement.
(3) DIRECTORY ASSISTANCE. An
ancillary service of providing telephone number
information and/or address information.
(4) VERTICAL SERVICE. An ancillary
service that is offered in connection with one or more
telecommunications services, which offers advanced
calling features that allow customers to identify callers and to manage multiple calls and call connections,
including conference bridging services.
(5) VOICE MAIL SERVICE. An ancillary
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service that enables the customer to store, send or
receive recorded messages. VOICE MAIL SERVICE
does not include any vertical services that the customer may be required to have in order to utilize the VOICE
MAIL SERVICE.
ANCILLARY VIDEO SERVICES. Services that
are associated with or incidental to the provision or
delivery of video services, including, but not limited
to, electronic program guide services, search functions or other interactive services or communications that
are associated with or incidental to the provision, use or enjoyment of video programming.
BILLING ADDRESS. The mailing address of the
service user where the service supplier submits
invoices or bills for payment by the customer.
CITY. The City of San Bernardino.
COMMUNICATION SERVICES.
“Telecommunication services,” “ancillary
telecommunication services,” “video services” and
“ancillary video services.”
MOBILE TELECOMMUNICATIONS
SERVICE. Has the same meaning and usage as set
forth in the Mobile Telecommunications Sourcing Act
(4 U.S.C. § 124) and the regulations thereunder, as
the same exists or may be amended from time to time.
MONTH. A calendar month.
PAGING SERVICE. A “telecommunications
service” that provides transmission of coded radio
signals for the purpose of activating specific pagers;
such transmissions may include messages and/or
sounds.
PERSON. Without limitation, any natural
individual, firm, trust, common law trust, estate,
partnership of any kind, association, syndicate, club,
joint stock company, joint venture, limited liability
company, corporation (including foreign, domestic and
non-profit), municipal district or municipal
corporation, cooperative, receiver, trustee, guardian or other representative appointed by order of any court.
PLACE OF PRIMARY USE. The street address
representative of where the customer’s use of the
communications service primarily occurs, which must
be the residential street address or the primary
business street address of the customer.
POST-PAID TELECOMMUNICATION
SERVICE. The telecommunication service obtained
by making a payment on a communicationby-communication basis either through the use of a credit card or payment mechanism such as a bank
card, travel card, credit card or debit card, or by
charge made to a service number which is not
associated with the origination or termination of the
telecommunication service.
PREPAID TELECOMMUNICATION
SERVICE. The right to access telecommunication
services, which must be paid for in advance and which
enables the origination of communications using an
access number or authorization code, whether
manually or electronically dialed, and that is sold in
predetermined units or dollars of which the number
declines with use in a known amount.
PRIVATE TELECOMMUNICATION
SERVICE. A telecommunication service that entitles
the customer to exclusive or priority use of a
communications channel or group of channels between
or among termination points, regardless of the manner
in which such channel or channels are connected, and
includes switching capacity, extension lines, stations
and any other associated services that are provided in
connection with the use of such channel or channels.
A COMMUNICATIONS CHANNEL is a physical or
virtual path of communications over which signals are
transmitted between or among customer channel
termination points (i.e., the location where the
customer either inputs or receives the
communications).
SERVICE ADDRESS.
(1) Either:
(a) The location of the service user’s
communication equipment from which the
communication originates or terminates, regardless of
where the communication is billed or paid; or
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Service Users Tax Reduction and Modernization Act 69
(b) If the location in division (1) of this
definition is unknown (e.g., mobile
telecommunications service or VoIP service), the
SERVICE ADDRESS means the location of the
service user’s place of primary use.
(2) For prepaid telecommunication service,
SERVICE ADDRESS means the location associated
with the service number.
SERVICE SUPPLIER. Any entity or person,
including the city, that provides communication
service to a user of such service within the city.
SERVICE USER. A person required to pay a tax
imposed under the provisions of this chapter.
SERVICE USERS TAX. The tax imposed by this
chapter.
STATE. The State of California.
STREAMLINED SALES AND USE TAX
AGREEMENT. The multi-state agreement commonly
known and referred to as the streamlined sales and use
tax agreement, and as it is amended from time to time.
TAX ADMINISTRATOR. The Director of
Finance and Management Services of the City of San
Bernardino, or his or her designee.
TELECOMMUNICATIONS SERVICES. The
transmission, conveyance or routing of voice, data,
audio, video or any other information or signals to a
point, or between or among points, whatever the
technology used. The term TELECOMMUNICATIONS SERVICES includes such transmission, conveyance or routing in which
computer processing applications are used to act on the form, code or protocol of the content for purposes of
transmission, conveyance or routing without regard to
whether such services are referred to as voice over
internet protocol (“VoIP”) services or are classified by the Federal Communications Commission as enhanced
or value added, and includes video and/or data
services that is functionally integrated with
TELECOMMUNICATION SERVICES .
TELECOMMUNICATIONS SERVICES include, but
are not limited to, the following services, regardless of the manner or basis on which such services are
calculated or billed: ancillary telecommunication
services; mobile telecommunications service; prepaid
telecommunication service (to the extent that it is
practicable for the service supplier to collect the
correct tax imposed under this chapter from the service supplier); post-paid telecommunication service; private telecommunication service; paging service; 800
service (or any other toll-free numbers designated by
the Federal Communications Commission); and 900
service (or any other similar numbers designated by
the Federal Communications Commission for services
whereby subscribers who call in to pre-recorded or
live service).
VIDEO PROGRAMMING. Those programming
services commonly provided to subscribers by a
“video service supplier,” including, but not limited to, basic services, premium services, audio services,
video games, pay-per-view services, video on demand,
origination programming or any other similar services,
regardless of the content of such VIDEO
PROGRAMMING, or the technology used to deliver
such services, and regardless of the manner or basis on which such services are calculated or billed.
VIDEO SERVICES. Any and all services related
to the providing, storing or delivering of “video
programming” (including origination programming
and programming using Internet Protocol, e.g., IP-TV
and IP-Video) using one or more channels by a “video
service supplier,” regardless of the technology used to deliver, store or provide such services, and regardless of the manner or basis on which such services are
calculated or billed, and includes data services,
“telecommunication services” or interactive
communication services that are functionally integrated with VIDEO SERVICES.
VIDEO SERVICE SUPPLIER. Any person,
company or service which provides or sells one or
more channels of video programming, or provides or
sells the capability to receive one or more channels of video programming, including any communications
that are ancillary, necessary or common to the
provision, use or enjoyment of the video
programming, to or from a business or residential
address in the city, where some fee is paid, whether
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service, whether or not public rights-of-way are
utilized in the delivery of the video programming or
communications. A VIDEO SERVICE SUPPLIER
includes, but is not limited to, multi-channel video
programming distributors (as defined in 47 U.S.C.
§ 522(13)); open video systems (“OVS”) suppliers;
and suppliers of cable television; master antenna
television; satellite master antenna television;
multi-channel multi-point distribution services
(“MMDS”); video services using internet protocol
(e.g., IP-TV and IP-Video, which provide, among
other things, broadcasting and video on demand);
direct broadcast satellite to the extent federal law
permits taxation of its video services, now or in the
future; and other suppliers of video programming or
communications (including two-way communications),
whatever their technology.
VoIP (VOICE OVER INTERNET PROTOCOL).
The digital process of making and receiving real-time
voice transmissions over any Internet Protocol
network.
800 SERVICE. A “telecommunications service”
that allows a caller to dial a toll-free number without incurring a charge for the call. The service is typically marketed under the name “800,” “855,” “866,”
“877” and “888” toll-free calling, and any subsequent
numbers designated by the Federal Communications
Commission.
900 SERVICE. An inbound toll
“telecommunications service” purchased by a
subscriber that allows the subscriber’s customers to
call in to the subscriber’s prerecorded announcement
or live service. 900 SERVICE does not include the
charge for: collection services provided by the seller
of the “telecommunications services” to the
subscriber, or service or product sold by the
subscriber to the subscriber’s customer. The service is typically marketed under the name 900 SERVICE, and
any subsequent numbers designated by the Federal
Communications Commission.
(Ord. MC-1625, passed 2-21-2024)
§ 3.46.030 CONSTITUTIONAL, STATUTORY
AND OTHER EXEMPTIONS.
(A) Nothing in this chapter shall be construed as
imposing a tax upon any person or service when the
imposition of such tax upon such person or service
would be in violation of a federal or state statute, the U.S. Constitution or the California Constitution.
(B) Due to the status of the San Bernardino City
Unified School District as an agency established by the City Charter and due to the strong public policy in
favor of encouraging and assisting the provision of
public education, public schools are exempted from
the imposition of the communications users tax.
(C) Any service user that is exempt from the tax
imposed by this chapter pursuant to division (A) above
shall file an application with the Tax Administrator for an exemption; provided, however, this requirement
shall not apply to a service user that is a state or
federal agency or subdivision with a commonly
recognized name for such service. Said application
shall be made upon a form approved by the Tax
Administrator and shall state those facts, declared
under penalty of perjury, which qualify the applicant
for an exemption, and shall include the names of all
communication service suppliers serving that service
user. If deemed exempt by the Tax Administrator,
such service user shall give the Tax Administrator
timely written notice of any change in utility service
suppliers so that the Tax Administrator can properly
notify the new communication service supplier of the
service users tax exempt status. A service user that
fails to comply with this section shall not be entitled to a refund of such taxes collected and remitted to the
Tax Administrator from such service user as a result
of such non-compliance. Upon request of the Tax
Administrator, a service supplier or its billing agent
shall provide a list of the names and addresses of those customers which, according to its billing records, are
deemed exempt from the communication users tax.
The decision of the Tax Administrator may be
appealed by filing an application with the Tax
Administrator and appeal to the City Manager. The
City Manager shall give notice of and conduct an
informed hearing and shall render a decision in
writing. Such hearing is a prerequisite to a suit herein. (D) The exemption and rebate provisions of
§§ 3.44.140 and 3.44.144 shall apply to this chapter.
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Service Users Tax Reduction and Modernization Act 71
§ 3.46.040 COMMUNICATION USERS TAX.
(A) There is imposed a tax upon every person in
the city using communication services. The maximum
tax imposed by this section shall be at the rate of
7.75% of the charges made for such services and shall
be collected from the service user by the
communication services supplier or its billing agent.
There is a rebuttable presumption that communication
services, which are billed to a billing or service
address in the city, are used, in whole or in part,
within the boundaries of the city, and such services are subject to taxation under this chapter. If the billing
address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this
section, the term CHARGES shall include the value of
any other services, credits, property of every kind or
nature or other consideration provided by the service
user in exchange for the communication services.
(B) “Mobile telecommunications service” shall
be sourced in accordance with the sourcing rules set
forth in the Mobile Telecommunications Sourcing Act
(4 U.S.C. §§ 116 et seq.), as the same exists or may
be amended from time to time. The Tax Administrator
may issue and disseminate to communication service
suppliers, which are subject to the tax collection
requirements of this chapter, sourcing rules for the
taxation of other communication services, including,
but not limited to, post-paid communication services,
prepaid communication services and private
communication services; provided that such rules are
based upon custom and common practice that further
administrative efficiency and minimize
multi-jurisdictional taxation (e.g., streamlined sales
and use tax agreement).
(C) The Tax Administrator may issue and
disseminate to communication service suppliers, which
are subject to the tax collection requirements of this
chapter, an administrative ruling identifying those
communication services, or charges therefor, that are
subject to or not subject to the tax of division (A)
above.
(D) As used in this section, the term
TELECOMMUNICATION SERVICES shall include,
but is not limited to, charges for: connection,
reconnection, termination, movement or change of
telecommunication services; late payment fees;
detailed billing; central office and custom calling
features (including, but not limited to, call waiting,
call forwarding, caller identification and three-way
calling); voice mail and other messaging services;
directory assistance; access and line charges; universal service charges; regulatory, administrative and other
cost recovery charges; local number portability
charges; and text and instant messaging.
TELECOMMUNICATION SERVICES shall not
include digital downloads that are not “ancillary
telecommunications services,” such as books, music,
ringtones, games and similar digital products.
(E) Charges for communication services (video)
shall include, but are not limited to, charges for the
following:
(1) Regulatory fees and surcharges,
franchise fees and access fees (“PEG”);
(2) Franchise fees;
(3) Initial installation of equipment
necessary for provision and receipt of communication
services;
(4) Late fees, collection fees, bad debt
recoveries and returned check fees;
(5) Activation fees, reactivation fees and
reconnection fees;
(6) All video programming services (e.g.,
basic services, premium services, audio services,
video games, pay-per-view services or on-demand
programming);
(7) Ancillary programming services (e.g.,
electronic program guide services, search functions or
other interactive services or communications that are
ancillary, necessary or common to the use or
enjoyment of the video programming);
(8) Equipment leases (e.g., converters,
remote devices); and
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72 San Bernardino - Revenue and Finance
(9) Service calls, service protection plans,
name changes, changes of services and special
services.
(F) To prevent actual multi-jurisdictional
taxation of communication services subject to tax
under this section, any service user, upon proof to the Tax Administrator that the service user has previously
paid the same tax in another state or local jurisdiction on such communication services, shall be allowed a
credit against the tax imposed to the extent of the
amount of such tax legally imposed in such other state
or local jurisdiction; provided, however, the amount of credit shall not exceed the tax owed to the city under
this section.
(G) The tax on communication services imposed
by this section shall be collected from the service user by the service supplier. The amount of tax collected in one month shall be remitted to the Tax Administrator,
and must be received by the Tax Administrator on or
before the twentieth day of the following month.
§ 3.46.050 BUNDLING TAXABLE ITEMS
WITH NON-TAXABLE ITEMS.
Except as otherwise provided by applicable
federal or state law, if any non-taxable charges are
combined with and not separately stated from taxable
service charges on the customer bill or invoice of a
service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable
and verifiable standards, the portions of the combined
charge that are non-taxable and taxable through the
service supplier’s books and records kept in the
regular course of business, and in accordance with
generally accepted accounting principles, and not
created and maintained for tax purposes. The service
supplier has the burden of proving the proper
apportionment of taxable and non-taxable charges. If
the service supplier offers a combination of services
that include taxable and non-taxable services or
products, and the charges are separately stated, then
for taxation purposes, the values assigned the taxable
and non-taxable services or products shall be based on
its books and records kept in the regular course of
business and in accordance with generally accepted
accounting principles, and not created and maintained
for tax purposes. The service supplier has the burden
of proving the proper valuation and apportionment of
taxable and non-taxable charges.
§ 3.46.060 SUBSTANTIAL NEXUS/MINIMUM
CONTACTS.
For purposes of imposing a tax or establishing a
duty to collect and remit a tax under this chapter,
“substantial nexus” and “minimum contacts” shall be
construed broadly in favor of the imposition, collection and/or remittance of the service users tax to the fullest extent permitted by state and federal law, and as it
may change from time to time by judicial
interpretation or by statutory enactment. Any
communication service (including VoIP) used by a
person with a service address in the city, which
service is capable of terminating a call to another
person on the general telephone network, shall be
subject to a rebuttable presumption that “substantial
nexus/minimum contacts” exists for purposes of
imposing a tax, or establishing a duty to collect and
remit a tax, under this chapter. A service supplier shall be deemed to have sufficient activity in the city for tax collection and remittance purposes if its activities
include, but are not limited to, any of the following:
maintains or has within the city, directly or through an agent or subsidiary, a place of business of any nature; solicits business in the city by employees, independent contractors, resellers, agents or other representatives; solicits business in the city on a continuous, regular, seasonal or systematic basis by means of advertising
that is broadcast or relayed from a transmitter within
the city or distributed from a location within the city; or advertises in newspapers or other periodicals
printed and published within the city or through
materials distributed in the city by means other than
the United States mail.
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Service Users Tax Reduction and Modernization Act 73
§ 3.46.070 DUTY TO COLLECT -
PROCEDURES.
(A) Collection by service suppliers. The duty of
service suppliers to collect and remit the taxes imposed by the provisions of this chapter shall be performed as follows.
(1) The tax shall be collected by service
suppliers insofar as practicable at the same time as,
and along with, the collection of the charges made in
accordance with the regular billing practice of the
service supplier. Where the amount paid by a service
user to a service supplier is less than the full amount of the charge and tax which was accrued for the billing period, a proportionate share of both the charge and
the tax shall be deemed to have been paid. In those
cases where a service user has notified the service
supplier of refusal to pay the tax imposed on said
charges, § 3.46.090 shall apply.
(2) The duty of a service supplier to collect
the tax from a service user shall commence with the
beginning of the first regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter. Where a service user receives more than
one billing, one or more being for different periods
than another, the duty to collect shall arise separately for each billing period.
(B) Filing return and payment. Each person
required by this chapter to remit a tax shall file a
return to the Tax Administrator, on forms approved by
the Tax Administrator, on or before the due date. The
full amount of the tax collected shall be included with the return and filed with the Tax Administrator. The
Tax Administrator is authorized to require such
additional information as he or she deems necessary to
determine if the tax is being levied, collected and
remitted in accordance with this chapter. Returns are
due immediately upon cessation of business for any
reason. Pursuant to Cal. Revenue and Taxation Code,
§ 7284.6, the Tax Administrator, and its agents, shall
maintain such filing returns as confidential information that is exempt from the disclosure provisions of the
State Public Records Act (Cal. Gov’t Code, §§ 6500
et seq.).
Editor’s note:
Taxpayer information received in connection with
collection of local taxes may be exempt from
PRA under Cal. Gov’t Code, §7925.000 (2023)
(formerly Cal. Gov’t Code, § 6254(i));
I.R.C. § 6103.
§ 3.46.080 COLLECTION PENALTIES -
SERVICE SUPPLIERS.
(A) Taxes collected from a service user are
delinquent if not received by the Tax Administrator on
or before the due date. Should the due date occur on a
weekend or legal holiday, the return must be received
by the Tax Administrator on the first regular working
day following the weekend or legal holiday. A direct
deposit, including electronic fund transfers and other
similar methods of electronically exchanging monies
between financial accounts, made by a service supplier
in satisfaction of its obligations under this division (A) shall be considered timely if the transfer is initiated on or before the due date, and the transfer settles into the city’s account on the following business day.
(B) If the person required to collect and/or remit
the service users tax fails to collect the tax (by failing to properly assess the tax on one or more services or
charges on the customer’s billing) or fails to remit the tax collected on or before the due date, the Tax
Administrator shall attach a penalty for such
delinquencies or deficiencies at the rate of 15% of the total tax that is delinquent or deficient in the
remittance, and shall pay interest at the rate of and
0.75% per month, or any fraction thereof, on the
amount of the tax, exclusive of penalties, from the
date on which the remittance first became delinquent,
until paid.
(C) The Tax Administrator shall have the power
to impose additional penalties upon persons required
to collect and remit taxes pursuant to the provisions of this chapter for fraud or gross negligence in reporting or remitting at the rate of 15% of the amount of the
tax collected and/or required to be remitted, or as
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74 San Bernardino - Revenue and Finance
recomputed by the Tax Administrator.
(D) For collection purposes only, every penalty
imposed and such interest that is accrued under the
provisions of this section shall become a part of the tax herein required to be paid.
(E) Notwithstanding the foregoing, the Tax
Administrator may, in his or her discretion, modify
the due dates of this chapter to be consistent with any uniform standards or procedures that are mutually
agreed upon by other public agencies imposing a
service users tax, or otherwise legally established, to create a central payment location or mechanism.
§ 3.46.090 ACTIONS TO COLLECT.
Any tax required to be paid by a service user
under the provisions of this chapter shall be deemed a
debt owed by the service user to the city. Any such tax collected from a service user which has not been
remitted to the Tax Administrator shall be deemed a
debt owed to the city by the person required to collect and remit and shall no longer be a debt of the service
user. Any person owing money to the city under the
provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of
such amount, including penalties and interest as
provided for in this chapter, along with any collection costs incurred by the city as a result of the person’s
non-compliance with this chapter, including, but not
limited to, reasonable attorneys’ fees. Any tax
required to be collected by a service supplier or owed
by a service user is an unsecured priority excise tax
obligation pursuant to 11 U.S.C. § 507(a)(8)(C).
§ 3.46.100 DEFICIENCY DETERMINATION
AND ASSESSMENT - TAX APPLICATION
ERRORS.
(A) The Tax Administrator shall make a
deficiency determination if he or she determines that
any service supplier or service user required to pay,
collect and/or remit taxes pursuant to the provisions of this chapter has failed to pay, collect and/or remit the proper amount of tax by improperly or failing to apply
the tax to one or more taxable services or charges.
Nothing herein shall require that the Tax
Administrator institute proceedings under this section
if, in the opinion of the Tax Administrator, the cost of collection or enforcement likely outweighs the tax
benefit.
(B) The Tax Administrator shall mail a notice of
such deficiency determination to the person or entity
allegedly owing the tax, which notice shall refer
briefly to the amount of the taxes owed, plus interest
at the rate of 0.75% per month, or any fraction
thereof, on the amount of the tax from the date on
which the tax should have been received by the city.
Within 14 calendar days after the date of service of
such notice, the person or entity allegedly owing the
tax may request in writing to the Tax Administrator
for a hearing on the matter.
(C) If the person or entity allegedly owing the
tax fails to request a hearing within the prescribed time period, the amount of the deficiency determination
shall become final assessment, and shall immediately
be due and owing to the city. If the person requests a
hearing, the Tax Administrator shall cause the matter
to be set for hearing, which shall be scheduled within
30 days after receipt of the written request for hearing.
Notice of the time and place of the hearing shall be
mailed by the Tax Administrator to such person or
entity at least ten calendar days prior to the hearing, and, if the Tax Administrator desires said person or
entity to produce specific records at such hearing, such notice may designate the records requested to be
produced.
(D) At the time fixed for the hearing, the Tax
Administrator shall hear all relevant testimony and
evidence, including that of any other interested parties.
At the discretion of the Tax Administrator, the hearing may be continued, from time to time, for the purpose
of allowing the presentation of additional evidence.
Within a reasonable time following the conclusion of
the hearing, the Tax Administrator shall issue a final
assessment (or non-assessment) thereafter, by
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Service Users Tax Reduction and Modernization Act 75
confirming, modifying or rejecting the original
deficiency determination, and shall mail a copy of such final assessment to person or entity owing the tax. The decision of the Tax Administrator may be appealed
pursuant to § 3.46.150. Filing an application with the
Tax Administrator and appeal to the City Manager is
a prerequisite to a suit thereon.
(E) Payment of the final assessment shall become
delinquent if not received by the Tax Administrator on
or before the thirtieth day following the date of receipt of the notice of final assessment. The penalty for
delinquency shall be 15% on the total amount of the
assessment, along with interest at the rate of 0.75%
per month, or any fraction thereof, on the amount of
the tax, exclusive of penalties, from the date of
delinquency, until paid. The applicable statute of
limitations regarding a claim by the city seeking
payment of a tax assessed under this chapter shall
commence from the date of delinquency as provided in
this division (E).
(F) All notices under this section may be sent by
regular mail, postage prepaid, and shall be deemed
received on the third calendar day following the date
of mailing, as established by a proof of mailing.
§ 3.46.110 ADMINISTRATIVE REMEDY -
NON-PAYING SERVICE USERS.
(A) Whenever the Tax Administrator determines
that a service user has deliberately withheld the
amount of the tax owed by the service user from the
amounts remitted to a person required to collect the
tax, or whenever the Tax Administrator deems it in the
best interest of the city, he or she may relieve such
person of the obligation to collect the taxes due under this chapter from certain named service users for
specific billing periods. To the extent the service user has failed to pay the amount of tax owed for a period
of two or more billing periods, the service supplier
may, in the discretion of the Tax Administrator, be
relieved of the obligation to collect taxes due. The
service supplier shall provide the city with the names
and addresses of such service users and the amounts of
taxes owed under the provisions of this chapter if it is determined by the Tax Administrator to relieve the
person required to collect the tax. Nothing herein shall require that the Tax Administrator institute
proceedings under this section if, in the opinion of the Tax Administrator, the cost of collection or
enforcement likely outweighs the tax benefit.
(B) In addition to the tax owed, the service user
shall pay a delinquency penalty at the rate of 15% of
the total tax that is owed, and shall pay interest at the rate of 0.75% per month, or any fraction thereof, on
the amount of the tax, exclusive of penalties, from the due date, until paid.
(C) The Tax Administrator shall notify the
non-paying service user that the Tax Administrator has
assumed the responsibility to collect the taxes due for the stated periods and demand payment of such taxes,
including penalties and interest. The notice shall be
served on the service user by personal delivery or by
deposit of the notice in the United States mail, postage prepaid, addressed to the service user at the address to which billing was made by the person required to
collect the tax; or should the service user have a
change of address, to his or her last known address.
(D) If the service user fails to remit the tax to the
Tax Administrator within 30 days from the date of the
service of the notice upon him or her, the Tax
Administrator may impose an additional penalty of
15% of the amount of the total tax that is owed.
§ 3.46.120 ADDITIONAL POWERS AND
DUTIES OF THE TAX ADMINISTRATOR.
(A) The Tax Administrator shall have the power
and duty and is directed to enforce each and all of the provisions of this chapter.
(B) The Tax Administrator may adopt
administrative rules and regulations consistent with
provisions of this chapter for the purpose of
interpreting, clarifying, carrying out and enforcing the payment, collection and remittance of the taxes herein
imposed. A copy of such administrative rules and
regulations shall be on file in the Tax Administrator’s Packet Page 342
76 San Bernardino - Revenue and Finance
office.
(C) Upon a proper showing of good cause, the
Tax Administrator may make administrative
agreements approved by the City Attorney, with
appropriate conditions, to vary from the strict
requirements of this chapter and thereby:
(1) Conform to the billing procedures of a
particular service supplier so long as said agreements
result in the collection of the tax in conformance with the general purpose and scope of this chapter; or
(2) To avoid a hardship where the
administrative costs of collection and remittance
greatly outweigh the tax benefit.
(D) The Tax Administrator may conduct an
audit, to ensure proper compliance with the
requirements of this chapter, of any person required to collect and/or remit a tax pursuant to this chapter. The Tax Administrator shall notify said person of the
initiation of an audit in writing. In the absence of fraud or other intentional misconduct, the audit period of
review shall not exceed a period of three years next
preceding the date of receipt of the written notice by
said person from the Tax Administrator. Upon
completion of the audit, the Tax Administrator may
make a deficiency determination, pursuant to
§ 3.46.100, for all taxes (and applicable penalties and interest) owed and not paid, as evidenced by
information provided by such person to the Tax
Administrator. If said person is unable or unwilling to provide sufficient records to enable the Tax
Administrator to verify compliance with this chapter,
the Tax Administrator is authorized to make a
reasonable estimate of the deficiency. Said reasonable
estimate shall be entitled to a rebuttable presumption
of correctness.
(E) (1) Upon receipt of a written request of a
taxpayer, and for good cause, the Tax Administrator
may extend the time for filing any statement required
pursuant to this chapter for a period of not to exceed
45 days; provided that the time for filing the required statement has not already passed when the request is
received.
(2) No penalty for delinquent payment shall
accrue by reason of such extension. Interest shall
accrue during said extension at the rate of 0.75% per
month, prorated for any portion thereof.
(F) The Tax Administrator shall determine the
eligibility of any person who asserts a right to
exemption from, or a refund of, the tax imposed by
this chapter.
(G) Notwithstanding any provision in this chapter
to the contrary, the Tax Administrator, with the
approval of the Mayor and CommonCity Council, may
waive any penalty or interest imposed upon a person
required to collect and/or remit for failure to collect the tax imposed by this chapter if the non-collection
occurred in good faith. In determining whether the
non-collection was in good faith, the Tax
Administrator shall take into consideration industry
practice or other precedence.
§ 3.46.130 RECORDS.
(A) It shall be the duty of every person required
to collect and/or remit to the city any tax imposed by
this chapter to keep and preserve, for a period of at
least three years, all records as may be necessary to
determine the amount of such tax as he or she may
have been liable for the collection of and remittance to the Tax Administrator, which records the Tax
Administrator shall have the right to inspect at a
reasonable time.
(B) The city may issue an administrative
subpoena to compel a person to deliver, to the Tax
Administrator, copies of all records deemed necessary
by the Tax Administrator to establish compliance with
this chapter, including the delivery of records in a
common electronic format on readily available media
if such records are kept electronically by the person in the usual and ordinary course of business. As an
alternative to delivering the subpoenaed records to the Tax Administrator on or before the due date provided
in the administrative subpoena, such person may
provide access to such records outside the city on or
before the due date; provided that such person shall
reimburse the city for all reasonable travel expenses
incurred by the city to inspect those records, including travel, lodging, meals and other similar expenses, but
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Service Users Tax Reduction and Modernization Act 77
excluding the normal salary or hourly wages of those
persons designated by the city to conduct the
inspection.
(C) The Tax Administrator is authorized to
execute a non-disclosure agreement approved by the
City Attorney to protect the confidentiality of customer information pursuant to Cal. Revenue and Taxation
Code, §§ 7284.6 and 7284.7.
(D) If a service supplier uses a billing agent or
billing aggregator to bill, collect and/or remit the tax, the service supplier shall:
(1) Provide to the Tax Administrator the
name, address and telephone number of each billing
agent and billing aggregator currently authorized by
the service supplier to bill, collect and/or remit the tax to the city; and
(2) Upon request of the Tax Administrator,
deliver, or effect the delivery of, any information or
records in the possession of such billing agent or
billing aggregator that, in the opinion of the Tax
Administrator, is necessary to verify the proper
application, calculation, collection and/or remittance
of such tax to the city.
(E) (1) If any person subject to record-keeping
under this section unreasonably denies the Tax
Administrator access to such records, or fails to
produce the information requested in an administrative
subpoena within the time specified, then the Tax
Administrator may impose a penalty of $500 on such
person for each day following:
(a) The initial date that the person
refuses to provide such access; or
(b) The due date for production of
records as set forth in the administrative subpoena.
(2) This penalty shall be in addition to any
other penalty imposed under this chapter.
§ 3.46.140 REFUNDS.
Whenever the amount of any tax has been
overpaid or paid more than once or has been
erroneously or illegally collected or received by the
Tax Administrator under this chapter from a service
user or service supplier, it may be refunded as
provided in this section.
(A) The Tax Administrator may refund any tax
that has been overpaid or paid more than once or has
been erroneously or illegally collected or received by
the Tax Administrator under this chapter from a
service user or service supplier; provided that no
refund shall be paid under the provisions of this
section unless the claimant or his or her guardian,
conservator, executor or administrator has submitted
a written claim to the Tax Administrator within one
year of the overpayment or erroneous or illegal
collection of said tax. Such claim must clearly
establish claimant’s right to the refund by written
records showing entitlement thereto. Nothing herein
shall permit the filing of a claim on behalf of a class or group of taxpayers unless each member of the class
has submitted a written claim under penalty of perjury
as provided by this division (A).
(B) The filing of a written claim pursuant to Cal.
Gov’t Code, § 935 is a prerequisite to any suit
thereon. Any action brought against the city pursuant
to this section shall be subject to the provisions of Cal.
Gov’t Code, §§ 945.6 and 946. The City Manager, or
the Mayor and CommonCity Council where the claim
is in excess of $10,000, shall act upon the refund
claim within the time period set forth in Cal. Gov’t
Code, § 912.4. If the City Manager/Mayor and
CommonCity Council fails or refuses to act on a
refund claim within the time prescribed by Cal. Gov’t
Code, § 912.4, the claim shall be deemed to have been
rejected by the City Manager/Mayor and CommonCity
Council on the last day of the period within which the
City Manager/Mayor and CommonCity Council was
required to act upon the claim as provided in Cal.
Gov’t Code, § 912.4. The Risk Manager shall give
notice of the action in a form which substantially
complies with that set forth in Cal. Gov’t Code, § 913. (C) Notwithstanding the notice provisions of
division (A) above, a service supplier that has
collected any amount of tax in excess of the amount of
tax imposed by this chapter and actually due from a
service user (whether due to overpayment or erroneous
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78 San Bernardino - Revenue and Finance
or illegal collection of said tax) may refund such
amount to the service user, or credit to charges
subsequently payable by the service user to the service supplier, and claim credit for such overpayment
against the amount of tax which is due upon any other
monthly returns to the Tax Administrator; provided
such credit is claimed in a return dated no later than
one year from the date of overpayment or erroneous or
illegal collection of said tax, and provided that the Tax Administrator shall first determine the validity of the service user’s claim of credit and the underlying basis for such claim.
(D) Notwithstanding divisions (A) through (C)
above, a service supplier shall be entitled to take any overpayment as a credit against an underpayment
whenever such overpayment has been received by the
city within the three years next preceding a deficiency determination or assessment by the Tax Administrator
in connection with an audit instituted by the Tax
Administrator pursuant to § 3.46.120(D). A service
supplier shall not be entitled to said credit unless it clearly establishes the right to the credit by written
records showing entitlement thereto. Under no
circumstances shall an overpayment taken as a credit
against an underpayment pursuant to this division (D)
qualify a service supplier for a refund to which it
would not otherwise be entitled under the one-year
written claim requirement of this section.
§ 3.46.150 APPEALS.
(A) The provisions of this section apply to any
decision (other than a decision relating to a refund
pursuant to § 3.46.140), deficiency determination,
assessment or administrative ruling of the Tax
Administrator. Any person aggrieved by any decision
(other than a decision relating to a refund pursuant to § 3.46.140), deficiency determination, assessment or
administrative ruling of the Tax Administrator shall be required to comply with the appeals procedure of this
section. Compliance with this section shall be a
prerequisite to a suit thereon. Nothing herein shall
permit the filing of a claim or action on behalf of a
class or group of taxpayers.
(B) If any person is aggrieved by any decision
(other than a decision relating to a refund pursuant to § 3.46.140), deficiency determination, assessment or
administrative ruling of the Tax Administrator, he or
she may appeal to the City Manager by filing a notice
of appeal with the City Clerk within 14 days of the
date of the decision, deficiency determination,
assessment, administrative ruling of the Tax
Administrator which aggrieved the service user or
service supplier.
(C) The matter shall be scheduled for hearing
before an independent hearing officer selected by the
City Manager, no more than 45 days from the receipt
of the appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any
relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, from time
to time, upon mutual consent. At the time of the
hearing, the appealing party, the Tax Administrator
and any other interested person may present such
relevant evidence as he or she may have relating to the determination from which the appeal is taken.
(D) Based upon the submission of such evidence
and the review of the city’s files, the hearing officer shall issue a written notice and order upholding,
modifying or reversing the determination from which
the appeal is taken. The notice shall be given within 14 days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify
that the decision is final and that any petition for
judicial review shall be filed within 90 days from the
date of the decision in accordance with Cal. Code of
Civil Procedure, § 1094.6.
(E) All notices under this section may be sent by
regular mail, postage prepaid, and shall be deemed
received on the third calendar day following the date
of mailing, as established by a proof of mailing.
§ 3.46.160 NO INJUNCTION/WRIT OF
MANDATE.