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CITY OF SAN BERNODINO - REQUEST FO' COUNCIL ACTION
From: Jar.\es F. Penman
Subject: Resolutions Calling for an
Election and Proposing Charter
Amendments
De~: City Attorney
Da~: January 10, 1992
Synopsis of Previous Council action:
Adoption of Charter and various Charter Amendments.
Recommended motion:
A. Resolution of the City of San Bernardino Submitting to the Electors Proposed
Charter Amendments Relating to the Powers and Duties of the Mayor and
Council and Requesting That Such Specr~l Municipal Election be Consolidated
with the Primary Election Conducted by the County of San Bernardino.
B. Resolution of the City of San Bernardino Proposing An Amendment of the
Charter of Said City Relating to the Power of the Common Council to Dismiss
or Suspend City Employees, To Give The Mayor and Council Certain Appointive
Powers, and Authorizing the r~ayor and Council to Establish the Office
of City Administrator
(continued. . .)
Signature
Contact person: ,Tames F _ Penman
Phone: 5255
Supporting data attached:
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Council Notes:
75.0262
Agenda Item No :<7-3 if
00
Recommended motion: (continued)
C. Resolution of the City of San Bernardino Proposing an Amendment
of the Charter of Said City Giving the Common Council the
Authority to Override an Executive Order of the Mayor by 2/3
Vote.
D. Resolution of the City of San Bernardino Proposing an Amendment
of the Charter of Said City Providing that the Common Council
Shall Select the Chair Who Shall Preside at all Meetings of the
Council.
E. Resolution of the City of San Bernardino Proposing an Amendment
of the Charter of Said City Changing the Term of Office of the
Mayor From Four Years to Two Years.
F. Resolution of the City of San Bernardino Proposing an Amendment
of the Charter of Said City Setting the Salary of the Mayor at
60% of that For a Municipal Court Judge.
G. Resolution of the City of San Bernardino Proposing an Amendment./
of the Charter of Said City Transferring Certain Powers
Presently Exercised by the Mayor and Council Jointly to the
Mayor Alone.
H. Resolution of the City of San Bernardino Proposing an Amendment
of the Charter of Said City Changing the Dates of the City
Primary and General Elections and the Dates On Which Officers
Assume Office.
o 0
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
The Mayor and Common Council
FROM:
James F. Penman, City Attorney
DATE:
January 10, 1992
RE:
Charter of the City of San Bernardino
At the meeting of the Mayor and Common Council held on
December 16, 1991, this office was directed to research and report
on the various changes in the Charter as they relate to the
relative power of the Mayor and the Council and then to recommend
appropriate Charter amendments to better balance these powers.
According to the Secretary of State, the City of San
Bernardino was first incorporated in 1854 and then disincorporated
in 1863. On August 10, 1886 the City was once again incorporated
and the Charter was adopted on February 5, 1905.
As originally enacted the Charter had 13 Articles. Article I
was made up of three sections. Section 1 provided that the City
would continue as a body politic with the name of the City of San
Bernardino. It would have perpetual succession, the power to sue
and defend, and it would continue to own the property that had
previously been vested in the City. It could have and use a seal,
and purchase, receive, hold and sell all types of property.
Section 2 set forth the boundaries of the City as they existed at
that time, which jurisdiction could be extended to other property.
Section 3 provided that the City should be divided into five
council wards, the boundaries of which could be changed from time
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to time to keep the wards in compact form and as equal in
population as possible.
Article II sets forth the election proceedings for City
elections, the requirements for official bonds, and the salaries of
certain City officers. The Mayor was to receive an annual salary
of $800 and the council members $200. The Mayor served for two
years (section 14).
Article III related to the Common Council as the Legislative
Department of the City. Section 30 outlined that the Council was
to consist of five persons, three of which constituted a quorum.
Section 36 provided that the Mayor would preside at all meetings of
the Common Council but could not vote. It also provides for a
Mayor pro tempore. This Article also outlined the subj ects of
legislation. Section 40 was divided into 26 subsections setting
forth specific powers of the Mayor and Council. The first required
a vote of the people before real property could be sold. Section
41 provided for the assessment and collection of property taxes and
section 42 provided for the process for the equalization of taxes.
Article IV related to the Executive Department of the City.
The power and authority of the Mayor is discussed in Sections 50,
51, 52 and 53. Section 50 reads the same as the current version of
the Charter except that it provides for a 5 year residence period
in order to serve as Mayor. Section 52 allows the Mayor to suspend
a City appointive officer for dereliction, neglect or non-
performance of duty and to report such action to the Council. The
Council after a hearing can declare the office vacant, continue the
suspension or presumably overrule the Mayor and terminate the
suspension. This section did not contain a provision, as it now
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does, allowing the Mayor to discharge officers and employees. The
section also imposed a duty on all city employees who know that a
city agreement has been or is about to be violated to report the
circumstances to the Mayor. Willful failure to do so could result
in dismissal.
Also included in the Executive Department was the City
Attorney (section 55), the City Clerk (section 60) , the City
Assessor (section 65), the Treasurer (section 70), the Ci ty
Engineer (section 80), and the Superintendent of Streets (section
85) .
Article V provided for a pOlice judge and a pOlice court.
Article VI established a Health Department supervised by a Board of
Health.
Article VII outlines the initiative process (section 120), the
referendum process (section 121) and the recall (section 122).
Article VIII covered revenue and finance for the City. It
provided for the annual creation of a budget (section 130) and
required that by 1907 the assessment and collection of property
taxes be turned over to the County (section 131). It provided for
the receipt (section 131) and payment of claims against the City
(sections 136 to 139). Section 134 prohibited the City from
accruing a debt or liability in excess of the available money in
the treasury which could legally be appropriated for such purpose.
Section 141 prohibited monies being transferred between funds
except that by 2/3 vote the council could approve money going from
the general fund to a specific fund.
Article IX established and governed the Water Department.
Article X established and governed the Police and Fire
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Departments, but did not have the current section 186 relating to
salaries, etc.
Article XI established and governed the school department.
Article XII established and governed the free public library.
Article XIII contained a compilation of subjects under the
heading "Miscellaneous". Section 224 provided that where the
Charter did not provide for a matter, the general laws would apply.
Section 228 covered conflicts of interests.
1. On December 8, 1908, the first amendments to the Charter
were approved. Section 195 was amended relating to the admission
of nonresident schoOl children to the city schools. Section 182
was amended to change the date on which the Chief of Police must be
appointed and to increase his salary as tax and license collector
by the amount of 1% of the amount collected. Section 238a was
added to the Charter to limit the time of any worker on public
works to 8 hours per day, to require that such workers be citizens
of the United States, and to set the minimum wage for such workers
at $2.00 per day.
2. On April 18, 1913, the voters approved an amendment to
Section 133 to allow the City to make findings in relation to
municipal improvements by resolution as well as by ordinance and
rather than the debt not exceeding $350,000, that it not exceed 15%
of the assessed value of the property in the City.
3. On March 18, 1919, the voters approved amendments to the
Charter increasing the salary of the Mayor to $1,500 per year, and
the salary of the council members to $300 per year, all payable
monthly.
4. On April 11, 1921, the voters approved five charter
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amendments with the following effect.
A. Added a provision to Section 1 giving the City full
authority to "make and enforce all laws and regulations in respect
to municipal affairs."
B. Repealed Section 10 relating to the adoption of general
election laws.
C. Added a new subsection to Section 40 also giving the Mayor
and Council power to legislate with respect to municipal affairs.
D. Repealed Section 224 relating to municipal affairs.
E. Repealed Section 234 which had required ordinances to be
limited to one subject, which subject was to be reflected in the
title, and which required that each ordinance section amended must
be re-enacted at length, as amended.
5. At an election held on March 15, 1921, the voters amended
Section 133 to raise the limit on indebtedness for public
improvements from 15% to 25% of the assessed value of all of the
real and personal property of the City.
6. On November 7, 1922, Section 14 was amended to make the
office of Treasurer separate from that of Police Judge.
7. The voters on November 4, 1924, added Sections 246 to 261
to the Charter establishing a Civil Service System and a Civil
Service Board. Section 256 added for the first time the power of
the Mayor to dismiss employees "for the good of the service" with
the approval of 2/3 of the Council. In addition subdivision 19 of
Section 40 was amended to change the power of the Mayor and Council
to dismiss "such policemen and other subordinates, officers and
employees" and to add the power to fix qualifications. Section 52
was also amended to give the Mayor the power to dismiss employees
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for "dereliction, neglect or non-performance of duty" where
previously he only had the power to suspend in such circumstances.
In the same election the voters deleted the power of the City
Engineer, the Water Board, and the Library Board to remove
subordinates at their pleasure, added references to the Civil
Service with reference to the pOlice and fire departments, and
removed the general power of officers to remove classified
employees at their pleasure. The amendments also specified that
the Mayor and Council had the responsibility to prescribe the
number, qualifications and compensation of the city employees in
the offices of the City Attorney, City Treasurer and City Clerk,
which employees would serve the pleasure of the appointing officer.
8. On April 13, 1925, an election was held amending section
190 of the Charter to, among other things, divide the City Schools
into a school district and a high school district and to establish
the powers and qualifications for the Board of Education. The
amendment also repealed Sections 192, 193, 195, 196, 197, 198 and
199 which as a result of the amendment of 190 and 191 became
unnecessary.
9. Thereafter for ten years the Charter was not further
amended until April 8, 1935, when several amendments were adopted.
Section 160 was amended to increase the term of members of the
Board of Water Commissioners from four years to six, to delete any
reference to the political party preference of such commissioners
and to provide for their removal by 4/5 vote of the Council.
Section 164 was amended to allow the Council to monthly transfer
from the Water Fund not more than 10% of the revenues of the Water
Department in the previous month. Section 163 was amended to grant
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to the Water Board the responsibility of the Sewer System of the
Ci ty. Section 140 was amended to increase from three hundred
dollars to five hundred dollars the value of supplies or materials
that could be purchased by the City without bid. A new Section 10
was added to provide for a City primary election to be held on the
third Monday in March of each odd numbered year, and a City general
election to be held on the following second Monday in April.
10. In an election held on March 15, 1937, seven Charter
amendments were approved. Section 181 had originally provided that
the pOlice force must not exceed one officer for each one thousand
five hundred inhabitants of the City. This Section was amended to
provide that the pOlice force could not exceed one officer for each
one thousand inhabitants. Sections 24B and 24D were amended to
delete the actual salaries for the City Clerk and the Police Judge
and to provide that such compensation would be fixed by the Mayor
and Common Council. Section 163 was amended to expand the sewer
responsibilities of the Water Department. A new Article XII.A. was
added to create a Park Commission and Park Department. Section 24
was amended to increase the salary of the Mayor to $3,000 per year,
and Section 24A was amended to increase the salary of the
Councilmembers to $600.00 per year.
11. On March 20, 1939, the voters, approved the addition of
a new Section 181 A to provide minimum salaries for police
officers.
12. At an election held on November 3, 1942, a new Section 16
was added to the Charter to specifically allow a leave of absence
without pay to City employees entering the armed forces. Section
181 was amended to delete the limitation on the number of police
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officers in the City. Section 60 was amended to remove from the
responsibilities of the City Clerk the reporting of the condition
of the City Treasury and the necessity to report to the Mayor and
Council an estimate of the probable necessities of the City for the
coming fiscal year.
13. On May 16, 1944 the Charter was further amended to add
Section 234 to require the City to use due diligence to contract
with the State Employees Retirement System and authorizing the City
to impose a tax to fund the cost of such contract.
14. This election was followed the same year by another
election held on November 7, 1944 to increase the salary of the
City Attorney to $3,000 per year and amending Section 140 to exempt
purchases from other governmental entities from the requirement of
bidding and allowing bidders to post a bidder's bond, cashier's
check or cash in addition to a certified check, and allowing the
posting of cash as an alternative to a faithful performance bond.
15. On March 19, 1945, the voters again approved an amendment
to Section 24 increasing the Mayor's Salary to $4,800 per year.
Section 234 was added allowing reimbursement to elective officers
for travel expenses. In addition Section ll-A was added to provide
for the Mayor and Common Council to fix the compensation for
election officers.
16. At an election held on April 11, 1949 the voters approved
three amendments to the Charter: The first subdivision of Section
40 was amended to allow the people to approve the sale of real
property at any general or special municipal election rather that
being limited to the "next general municipal election". Section
140 was amended to increase the maximum on purchases without bid to
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$1,000. Section 10 was amended to provide that the primary
election would be on the third Tuesday in March instead of the
third Monday, and the general election would be on the second
Tuesday in April instead of the second Monday.
17. At the election held on March 20, 1951, the voters added
Section 10-A to provide that candidates who receive a majority of
all ballots cast at a primary election are thus elected to the
office. Sections 82 and 87 were added to include the City Engineer
and the Superintendent of Streets within the Classified Service.
18. On April 12, 1955, Section 55 was amended to provide that
the City Attorney was to be a full time position and not allowing
him to engage in private practice. It imposed the requirement that
he must have been a practicing attorney for at least five years.
It provided that the salary of the City Attorney was to be set by
the Mayor and Common Council but could not be less than $7,500 per
year. Section 24-C, which previously set the salary of the City
Attorney, was repealed. Section 14-A was added providing that a
vacancy on the Council was to be filled by appointment by the Mayor
and Common Council. Section 181-A was repealed and Section 186 was
added relating to the salaries and classifications of the police
and fire departments.
19. On June 5, 1956 Section 41 was amended to delete the
exclusion of the high school tax from the limit on the taxation
which may be imposed by the City. Also amended was Section 133 to
substantially revise the provisions relating to General Obligation
Bonds.
20. By election held on
subsection of Section 40 was
March 19,
amended to
1957, the sixteenth
expand the language
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relative to the power of the Mayor and Council to maintain and
operate drains and sewers. Sections 134 was amended to provide for
the amounts and collection of sewer charges. Section 147 was
amended to allow sewer costs to be paid for out of the Street Fund.
Section 149 was amended to expand the language relative to what may
be funded from the Sewer Fund. Also the third subsection of
Section 163 was amended to specifically authorize the Board of
Water Commissioners to manage and extend the City Sewage Disposal
Plant and certain outfall sewer lines.
21. On June 3, 1958 the voters amended Section 246 to expand
the Civil Service Board from 3 members to 5. Section 51 was
amended to delete the power of the Mayor and Council to fill a
vacancy on the Council. Section 140 was again amended to increase
the maximum amount of supplies and materials that could be
purchased without bid to two thousand dollars.
22. At the election held March 17, 1959 the salary of the
Mayor was increased to $7,200 per year by amending Section 24.
23. On March 21, 1961 Section 10 was amended to change the
primary election from March to the first Tuesday in February of
each odd numbered year. Article XI, Sections 190, 191, 192 and 193
relating to the City Schools and the Board of Education was
rewri tten. Section 31 was amended to provide for emergency or
urgency ordinances and to delete the explanation of what ordinances
and resolutions are.
24. By election held on February 5, 1963, the voters added
Section 116 to the Charter to allow the City to contract with the
County for public health matters. Section 11 was amended relating
to the canvas of City elections and the declaration of the result
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thereof.
25. At the election held on February 2, 1965, the voters
approved an amendment to Section 141 of the Charter to expand the
authority to transfer money between specific funds and to delete
the required approval of the mayor for such actions where the
Council must act by 2/3 vote. It is interesting to note that at
this election by wide margins the people defeated proposals to
expand the Mayor's term to 4 years and to make the Mayor a full
time position.
26. The following year at an election held on June 7, 1966,
Section 3 was amended to increase the number of wards from 5 to 7.
Section 10 was amended to allow the City to conduct an election
even if the amendment to Section 3 is not approved by the
legislature before 90 days before the election date. Other
Sections (13, 14, 30, 31, 136, 160, 215, and 219) were amended to
be consistent with the larger Council. Section 53 relating to the
calling of special meetings was repealed. Once again the voters
defeated a proposal to make the Mayor'S term of office 4 years.
Section 182 was also amended, revising the provisions relative to
appointment of a chief of pOlice.
27. On February 4, 1969, the voters approved an amendment to
Section 33 to provide that ordinances would be published once
instead of for 3 consecutive days. Sections 60 and 135 were
amended and Sections 136, 137, 138, 237 and 238 were repealed to
simplify the payment of claims. Sections 213 to 218 were amended
to provide for a Parks and Recreation Commission consisting of 9
members and a Park and Recreation Department. Section 249 was
amended to revise the veterans' preference in Civil Service exams.
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28. On February 2, 1971, the voters approve an amendment to
Charter Services 13, 14, and l4-A requiring a one year residency
requirement for the office of council member and requiring an
election to fill vacancies on the Council.
29. At the election of April 13, 1971, again a proposal to
increase the term of office of the Mayor to 4 years was proposed
and defeated. Section 55(d) was amended to transfer the duties,
responsibilities and costs of prosecutions of violations of State
law from the City Attorney to the District Attorney. In addition
Section 160 was amended to increase the Water Board from three to
five members.
30. On February 6, 1973, Charter Section 186 was amended to
revise the titles and classifications for local safety officers in
the Fire and Police Departments. Section 235 was amended to
establish a one year residency requirement for City Clerk and City
Treasurer and to eliminate the citizenship and residency
requirements for appointive officers. Section 40(a) of the Charter
was amended to eliminate the need for an election to sell City
property and requiring instead that property with a value in excess
of $2,000 must be sold by competitive bid. An amendment to Section
14 was overwhelmingly approved by the voters to increase the term
of Mayor from two years to four years. Various sections were
repealed to eliminate references to pOlice judge, pOlice court,
ci ty assessor, board of health and city marshall; provisions
relating to duties or salaries of officials ending in May, 1907;
charter conflict of interest provisions; citizenship requirements,
the hours per day and minimum wage of laborers on public works
projects as enacted in 1908; and provisions relating to
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discrimination, political assessments and political acti vi ties
involving city employees. Article XI was amended to remove the
requirement that members of the Board of Education must be elected
at large and'eliminated references to the old school districts and
their boards existing prior to the unification. It also required
the Board of Education to convene during the first half of July of
each year and to elect a president and to pass all orders by four
affirmative votes. Section 135 and 143 were amended and various
other sections were repealed to provide that claims processing,
creation of funds and transfer between funds would be in conformity
with state law except as prescribed by ordinance.
31. At the election held on June 4, 1974. Sections 10, 13
and 14 of the Charter were amended to change the Municipal Primary
Election from the first Tuesday in February of each odd numbered
year to the first Tuesday after the first Monday in March of each
odd numbered year, to change the General Election from the second
Tuesday in April to the first Tuesday in May of each odd numbered
year, and to likewise adjust the dates on which elected officials
take office. Section 24 was amended to make the office of Mayor
full time with the salary to be set by the Council. Section 163
was amended to allow the Board of Water Commissioners to incur
indebtedness not exceeding the income provided for the year.
Finally Section 140 of the Charter was amended to raise to $3,000
the limit on purchasing supplies without competitive bidding.
32. On November 5, 1974, the voters approved an amendment to
Section 253 of the Charter raising the maximum probationary period
for employees from 6 months to 1 year. Section 243 was repealed to
eliminate the requirement that claims to be published each month in
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the newspaper.
33. On June 8, 1976, Section 186 was amended to add the
provision to set salaries for the Police and Fire Department by
comparison with ten California Cities. Section 122 was amended to
provide for additional procedures for recall.
34. On November 2, 1976, Section 15 of the Charter was
amended making an office vacant when an elected official ceases to
be a City resident and removing residency requirements for
appointive officers and absentee regulations relating to any City
officer. Sections 13, 14, 50, 55(b) and 235 were amended to
provide for a City residency requirement of at least 30 days for
elective officers. Sections 80, 81, 82, 85, 86, 87 and 218 were
repealed to place the City Engineer, Superintendent of Streets and
Director of Parks and Recreation in the unclassified Civil Service
and permitting their duties to be prescribed by ordinance.
35. On June 6, 1978 the voters rejected proposals both for a
full time president of the Council and to remove the power of the
Mayor to disapprove orders of the Council passed by four
affirmative votes.
36. At the March 6, 1979, election the voters approved an
amendment to Section 24 of the Charter to prohibit any increase of
the salary of the Mayor except after approval of the voters. The
voters defeated a proposal to limit the Mayor or a council member
from serving more than 3 consecutive full terms of office. Also
defeated was a proposal to have the Mayor pro tempore preside at
all meetings of the Council and to remove the power of the Mayor to
preside. In addition the voters defeated a proposal to remove the
Ci ty Attorney, Ci ty Clerk and City Treasurer from the Mayor's
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supervision.
The voters also rejected a proposal that only the
summaries of ordinances need to be published.
Section 14-A was
amended to remove a conflicting residency requirement and Sections
22, 42, 45, 55(f) and (g) and 233 were repealed concerning
sureties, undergrounding of wires, the Common Council sitting as a
Board of Equalization, and the yearly fixing of advertising and
printing rates.
37. On November 6, 1979, Section 140 was amended to provide
that the purchase of personal property in excess of an amount set
by ordinance would be by competitive bid. The voters again defeated
a proposal that summaries of ordinance could be published.
38. On June 3, 1980, the City voters rejected a proposal to
repeal Section 186.
39. At the election of May 5, 1981 the votes approved an
amendment to Section 186 to authorize supplemental pay to
paramedics and supplemental educational and longevity pay to pOlice
and fire safety employees.
40. On November 3, 1981, the voters rejected a residential
rent control measure which would have added a new Article VI-A to
the Charter.
41. On November 5, 1985, Charter Section 186 was amended to
compensate fire fighters at time and a half for overtime.
42. At the election of November 8, 1988, Section 55(d) was
amended to allow the City Attorney to prosecute certain violations
of state law including drug or vice related violations.
43. On March 7, 1989, Section 234 C of the Charter was
repealed to delete the power of the City to impose a tax to fund
the City employees' retirement program.
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44. On November 7, 1989, Section 40(r) of the Charter of the
Ci ty was amended to allow the City to make violations of City
ordinances either misdemeanors or infractions and to delete the
maximum penalty.
.~
mes F. Penman
ity Attorney
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS
PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR
ALONE
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b)
The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors. The following proposed
amendment to the Charter of the Ci ty of San Bernardino is
submitted to the qualified electors of the City of San Bernardino
for their approval or rejection at the consolidated municipal
election to be held on Tuesday, June 2, 1992.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 40 of the Charter of the City of San
Bernardino be amended and Section 53 be added both to read as
follows:
Section 40.
Powers of Mayor and Common
Council. The Mayor and Common Council of
the City of San Bernardino, hereafter
referred to as Council, shall have the
following enumerated powers.
(a) Purchase and Sale of Property. Council
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shall have power to purchase, lease,
receive and hold real and personal property
within or without the city limits, and to
control, sell and dispose of the same for
the common benefit; provided that the sale
or disposal of real property which is
appraised at a value in excess of $2,000
shall be approved by a five-sevenths (5/7)
vote of the Council and shall be subject to
competitive bidding and no bid shall be
awarded for a sum less than the minimum
price approved in a resolution of the
Council which provides for the notice
inviting bids.
(b) Police and Sanitary Regulations.
Council
shall have power to make all such local, police,
sani tary and other regulations, as pertain to
municipal affairs, and for this purpose may
define misdemeanors committed wi thin the city
limits or on lands under the jurisdiction of the
City, and provide penalties and punishment
therefore; although the offense constituting the
misdemeanor be also a violation of the penal laws
of the State.
(c) Nuisances.
Council shall have power to
define nuisances and provide for their removal.
(d) License Tax.
Council shall have power to
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license for purposes of regulation and revenue
all and every kind of business, occupations,
shows, exhibitions, and lawful games carried on
in the City and to fix the rate of license tax
thereon.
(e) Taxes. Council shall have power to levy and
collect taxes.
( f) Fire Department.
Council shall have power to
establish and maintain a fire department, prescribe
fire limits and adopt regulations for the protection of
the City against fires.
(g) Police. Council shall have power to establish and
maintain a pOlice force.
(h) Overflow. Council shall have power to protect
the City against overflow.
(i) Houses of III Fame. Council shall have power to
prohibit and suppress lewdness and houses of ill fame
and indecent and immoral amusements and exhibitions.
(j) storage. Council shall have power to prohibit the
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storage of gunpowder, oils or other combustible
substances in quantity.
(k) Parks. Council shall have power to layout
and maintain parks.
(1) Hospitals, etc. Council shall have power to
regulate hospitals, pesthouses and slaughter
houses, and to provide for their removal or
discontinuance.
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(m) Cemeteries. Council shall have power to
provide cemeteries and regulate their management.
(n) Pound. Council shall have the power to
establish and regulate a public pound.
(0) City Prison. Council shall have power to
provide a City prison and require the prisoners
undergoing sentence for misdemeanor to perform
such labor as ma be prescribed.
(p) Sewers. Council shall have power to acquire,
establish,
construct, reconstruct, maintain,
operate, manage, repair, improve or finance any
building, system, plant, works, facilities or
undertaking used for or useful in the collection,
treatment or disposal of sewage and the
reclamation of effluent therefrom, or storm
water, including a drainage.
(q) Fines and penalties. Council shall have power
to impose fines, penal ties and forfeitures for
any and all violations or ordinances; to fix the
penalty by fine or imprisonment, or both. The
violation of any lawful ordinance made by the
Mayor and Common Council shall constitute either
a misdemeanor or an infraction, as determined by
the Council by ordinance, and shall be prosecuted
in the name of the people of the State of
California
(r) Public Works. Council shall have power to
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acquire, own, construct, maintain and operate
street railways, telephone and telegraph lines,
gas, electrical and other works for light, power
and heat, ad to supply such light, power and heat
to the municipality and the inhabitants thereof;
and to acquire,
own and maintain public
libraries, museums, gymnasiums, parks and baths.
(s) Construction Permit. Council shall have power
to permit, under such restrictions, as they may
deem proper, the laying of railroad tracks and
the construction and operation of street railways
and the running of cars drawn by steam,
electricity or other power thereon; and the
laying of gas and water pipes in the public
streets; and the construction and maintenance of
telephone and telegraph lines therein.
(t) Schools. Council shall have power to maintain
public schools.
(u) Duties Not Defined. Council shall have power
to prescribe by ordinance the duties of all
officers whose duties are not defined by this
Charter, and to prescribe for any officer, duties
other than herein prescribed.
(v) Dog Tax. Council shall have power to impose
and collect an annual license tax on every dog
owned or harbored within the limits of the City.
(w) Make and Enforce Laws and Regulations.
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Council shall have power to make and enforce all
laws and regulations in respect to municipal
affairs, subject only to the restriction and
limitations provided in this Charter.
( x ) Other Powers.
Council shall have power to
pass all orders, resolutions and ordinances and
to do and perform any and all other acts and
things necessary or proper to complete execution
of the powers vested by law or this Charter, or
inherent in the municipality, or that may be
necessary or proper for the general welfare of
the City or its inhabitants.
Section 53. Power of Mayor.
(a) The Mayor shall have power to enforce all
such
police,
local,
sanitary
and
other
regulations, as pertain to municipal affairs.
(b) The Mayor shall have power to build and
repair bridges; to layout, alter, keep open,
open,
close,
improve and repair streets,
sidewalks, alleys, squares, and other public
highways, and places within the City, and to
drain, sprinkle, oil and light the same; to
remove all obstructions therein; to establish the
grades thereof; to grade, pave, macadamise,
gravel and curb the same in whole or part, and to
construct gutters,
culverts,
sidewalks and
crosswalks thereon, or upon any part thereof; to
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trees therein, and generally to manage and
control all such highways and places.
(c) The Mayor shall have power, with the approval
of the Common Council, to appoint and remove such
pOlice and other subordinates, officers and
employees, as he or she may deem proper and to
fix
their
qualifications,
duties
and
compensations subject to the Civil Service
provisions of this Charter.
(d) The Mayor shall have power to contract for
supplying the City water for municipal purposes,
or to acquire, construct, repair and manage
pumps, aqueducts, reservoirs or other works
necessary or proper for supplying water for the
use of such City or its inhabitants, or for
irrigating purposes therein, subject to the
powers and supervision of the Board of Water
Commissioners as in this Charter provided.
III
III
III
III
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III
III
III
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o 0
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS
PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR
ALONE
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
22 Ci ty Attorney
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By:
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