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MAYOR & COMMON COUNCIL / COMMUNITY
DEVELOPMENT COMMISSION MEETING BACKUP
MEETING DATE: March 6, 2006
DEPUTY: Linda Sutherland
*** No backup materials are included for the following items. ***
ITEM #
STATUS
8
9
19
Resolution approving destruction of City Attorney records
Old Waterman Canyon Fire
Set a public hearing for proposed development impact fees
20
Ordinance amending Chapters 2.02, 2.04, 2.06 et al
21
Cable Canyon Road
22
Council Committee Appointments
23
Ordinance adding Chapter 13.25 Spreading or Extraction
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Ordinance amending Chapters
2.02,2.04,2.06,2.10,2.12,2.15,2.18,2.38,
2.54,2.58,2.60, and 2.70; adding Chapters
2.77,2.78,2.79,2.80, and 2.81; and
repealing Chapter 2.16 of the San
Bernardino Municipal Code - FIRST
READING
Dept: City Administrator's Office
Date: February 27,2006
MICC Meeting Date: March 6, 2006
Synopsis of Previous Council Action:
Recommended Motion:
That said ordinance be laid over for final adoption.
Contact person: Lori Sassoon
Phone:
5122
Supporting data attached: staff report ordinance Ward: all
FUNDING REQUIREMENTS:
Amount: none by this action
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
Agenda Item No. J.L;
d-/fe/00
STAFF REPORT
Subiect:
Ordinance amending Chapters 2.02, 2.04, 2.06, 2.10, 2.12, 2.15, 2.18, 2.38, 2.54, 2.58, 2.60, and
2.70; adding Chapters 2.77, 2.78, 2.79, 2.80, and 2.81; and repealing Chapter 2.16 of the San
Bernardino Municipal Code.
Backe:round:
In November 2004, City voters approved a revised City Charter. The new Charter includes a
number of significant changes, most notably the creation of the position of City Manager (CM).
According to Section 244, the new Charter will take effect upon the swearing-in of the Mayor on
March 6, or no later than April 3, 2006.
The City's Municipal Code must now be brought into conformance with the City Charter. This
office has been working with the City Attorney's Office and City Clerk to identify the necessary
changes. These changes are primarily located in Title 2, which deals with Administration and
Personnel.
The proposed ordinance amends Title 2 to conform with the new City Charter. It also includes
some minor clean-up provisions that while not necessitated by the charter revision, are
recommended to update the code and reflect current practice. The following is a summary of the
changes reflected in each revised Chapter. Additionally, attached is a copy of Title 2 that shows
all the proposed modifications in context. Deletions are noted to the right, and additions are
found in italics in the text.
Muni Code Summary of Revisions Applicable Charter
Chapter Section(s)
2.02 - City Previously City Administrator ordinance; Sections 100-104
Manager revised to reflect qualifications, selection,
and duties of new CM
2.04 - Dept. of Director appointed by CM Section 102
Human Resources
Replaces "affirmative action" with "equal nJa - update to current
employment opportunity" to reflect state practice
and federal law
2.06 - Purchasing Revised to reflect "purchasing agent" as a Section 102
Agent function, rather than a position, as is
current practice. Purchasing agent is now
the CM or designee.
Deletes reference to nJa - update to current
storerooms/warehouses - no longer used practice
1
Muni Code Summary of Revisions Applicable Charter
Chapter Section(s)
2.10 - Dept. of Director appointed by CM Section 102
Finance
Clarifies that Finance Director does not n/a - update to current
have oversight of Water Dept practice
Deletes reference to n/a - update to current
storerooms/warehouses - no longer used practice
Deletes references to City surplus - now a n/a - update to current
Facilities Management function practice
Deletes specific divisions of the dept. n/a - update to provide future
flexibility
2.12 - Fire Fire Chief under immediate supervision of Sections 52, 102, 221
Department CM and general supervision of Mayor
Changes other Muni Code sections n/a - update to current
referenced that are enforced by Fire Chief practice
2.14 - Dept. of Director appointed by CM Section 102
Development
Services
2.15 - Dept. of Director appointed by CM Section 102
Public Services
Update to note Engineering as in n/a - update obsolete
Development Services dept. reference
2.16- Delete chapter; duplicates Chapter 2.14 n/a - delete duplicative
Development chapter
Services
Department
2.18 - Park, Director appointed by CM Section 102
Recreation, and
Comm. Svcs.
Dept.
2.38 - Police Deletes language limiting use of reserves n/a - update to current
Reserve to "temporary congregations of persons"; practice
updates training language
2.54 - Holidays Add "water" to list of departments that do n/a - update to current
not observe Saturday as a holiday practice at Water Dept request
Delete reference to SB Police Court n/a - delete obsolete reference
2
Muni Code Summary of Revisions Applicable Charter
Chapter Section(s)
2.58 - Meetings Delete specific time for Council meetings, n/a - update to provide more
and create mechanism for setting times by flexibility for Mayor/Council
resolution; create mechanism for setting
meetings when first/third Monday is a
legal holiday
Allow meetings outside City, if permitted n/a - update to provide more
by state law flexibility for Mayor/Council,
if state law were changed in
future.
2.70 - Sale of Updates to reflect CM Section 102
unclaimed
property Allows sale for forms of payment n/a - updates to allow internet
approved by the CM auction if not needed
Chapter 2.77 - Adds chapter; currently not referenced in Section 102; updates to
Facilities the Muni Code include in Code
Management Dept.
Chapter 2.78 - Adds chapter; currently not referenced in Section 102; updates to
Code Compliance the Muni Code include in Code
Dept.
Chapter 2.79- Adds chapter; currently not referenced in Section 102; updates to
Information the Muni Code include in Code
Services Dent.
Chapter 2.80 - Adds chapter; currently not referenced in Section 102; updates to
Animal Control the Muni Code include in Code
Dent.
Chapter 2.81 - Adds chapter; currently not referenced in Section 102; updates to
Police Dept. the Muni Code include in Code
Financial impact:
None by this action
Recommendation:
That said ordinance be laid over for final adoption.
3
k?;u~ 'f1~
) Yl c>' ;lD
3/ ~ I()~
Revised Draft - 2/23/06
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.02ptyMa.llager p-- --- _ _ --- --
2.04 Department of Human Resources
2.06 Purchasing Agent
2.08 City Treasurer
2.10 Department of Finance
2.12 Fire Department
2.14 Department of Development Services
2.15 Department of Public Services
2.16 Department of Development Services
2.17 Boards, Bureaus and Commissions - General
2.18 Parks, Recreation and Community Services Department
2.20 Special Counsel Services
2.22 Planning Commission
2.24 Central City Parking Place Commission
2.26 Animal Control Commission
2.27 (Repealed by MC-1190)
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 Police Officer Standards and Training
2.38 Police Reserve
2.39 Human Relations Commission
2.40 Community Development Commission
2.41 (Repealed by MC-1190)
2.42 Community Television Commission
2.43 Bureau of Franchises
2.44 (Repealed by MC-1190)
2.45 Board of Building Commissioners
2.46 Disaster Council
2.47 (Repealed by MC-1190)
2.48 State Employees' Retirement System
2.49 Senior Affairs Commission
2.50 Civil Service Rules and Regulations
2.52 City Hall
2.54 Holidays
2.56 Elections
2.58 Meetings
2.60 Disclosure of Financial Interests
2.62 Filing of Official Bonds
2.64 Appeals to Common Council
2.65 Sale of Real Property
2.66 Contract of Indemnity
2.68 Vacancies in Office
- - { Deleted: Administrative Officer
2.70 Sale of Unclaimed Property
2.72 Demands Against City; Payments
2.74 Financial Interests of Appointed City Committee Members
2.75 Use of City's CATV Facilities
2.76 Council Committees
Chapter 2.02
.City kfanager ..
Sections:
2.02.010 Position created.
2.02.020 Selection. Experience requirements.
2.02.030 Appointment - Discharge - Notice of resignation.
2.02.040 Salary and benefits.
2.02.050 Duties - Assistants.
2.02.060 Duties of the CityManagercn ....
2.02.070 Request from others to provide information or
assistance.
2.02.080 Intent of chapter.
2.02.090 Authority to file and prosecute small claims.
2.02.100 (Repealed by MC-522)
2.02.010 Position created.
There is created a Chief Administrative OfficerpftlJe.qty!..YillichPClsitio,n~hallb~n
designated as ,city MClrlager, Any CIne! all refer~l1ce,sto th~ pdministrative ,officer, or City
Administrator in any ordinances, resolutions and documents of the City shall refer to and
mean the City Manager.(Ord MC~,839, 1992; Ord.2836,1 ~67;Ord 239791, 1961)
2.02.020 Selection - Experience requirements.
The pty Manager shall haVf3 the q(j'ftlincations.an,d ~hall,bf3 chosen In acc.ordance with
Article V, Section 100 ofthe City Charter. ,He or sh,e,shalldevotehis()rherentiretime
to the duties of his or her office and shall nolengage in any other business or
occupation, (Ord. MC-839, 1992; Ord. 239792, 1961)
2.02.030 Appointment - pismissa/~. ~oti,c~ ,()fr~s,i,gnCltiol1', n", '''....''.
The pty M,aflagersllClII beapPClintedby .the Mayor" subje.c( t()confirmation,bYJh~..
,GommonColJnciLHeor she may be sUrnrnarilypisl11issed for tfle g(j(jd ofthe service by > .'
the Mayor with the ,consent ()f .M'()~tflir:ds.of tllec::ornm()n..c::()unc;il.lnaccor:dClrlce with,
Article XIII, Section 256 of the City Charter. .The Mayqrsflallhavetheauthorityto
suspend and discharge, for cause, the City Manager andlor the Acting City Manager
subject to the laws of the State of California, in accordance with Article IV, Section 52 of
the City Charter. JOrd MC-839, 1992;Ord 3120, 1970; Ord. 23979301961 )(City Attomey
Opinion No 88-12. City AttomfwOpinii:mNo 88:10) .... ..... n "nnn ""'n
2.02.040 Salary and benefits.
The salary of the ,city MClnager. s,h,allb~ ,fjx~d PY ,the MayorClnd COmmeln Cou"cil. and it
shall be paid in the same manner 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 and hospital insurance, workers'
compensation and travel expense, and by the Public Employees' Retirement System.
2
i Deleted: 1
I'
" ( Deleted: ADMINISTRATIVE
OFFICER'
Deleted: . Report to Mayor and .
'I Common Council
Deleted: the position of
" Administrative Offia:r to the Mayor I
and Common counCil, )
, Deleted: City Administrator --<
Deleted: A
'I Deleted: 0 :
'. Deleted: Administrator .J
. Deleted: Administrative Officer f
Deleted: on the baSIS of I
administrative and executive ability ,
...... Deleted: He or she shall have at
, .. least five years of experience in
responsible executive or
administrative positions and shall
possess the ability to formulate, plan,
implement and make
recommendations regarding the
poliCies and programs of the Mayor
and Common Council, including the
budget, budget monitoring and the
coordination and implementation of
various City activities.
Deleted: Discharge
Deleted: Administrative Officer
Deleted: with the approval of J
Deleted: c 1
Deleted: discharged ,
. I Deleted: approval .J
Deleted: a vote of five-sevenths J
", Deleted: for the good of the Service I
.
Deleted: and the Mayor may I
terminate the City Administrator for I
I
dereliction, neglect or non- J
performance of duty
Deleted: The Administrative Officer 1
shall give the Mayor and Common
Council not less than thirty days' f
written notice of his or her intent to I
, resign -.!
Deleted: Administrative Officer ]
n ,
I Deleted. a nuaUy
and any other salary and/or benefits that may be provided pursuant to an employment
agreement between the City and the City Manager. (Ord MC-839, 1992; Ord. 2397 !i4,
1961)
2.02,050Assilltlll"lts'nnnnn. n.. nnnnnnuunnnnnnnnnnn . .n... .n.. n. n...........n
Various positions shall be created by the Mayor and Common Council in order to assist
the City Manageril"l.th.e pE!rfClr",al"l<:e ()fh.is .o.~h.er. ~lJtiE!s.,al"l~ the (;itYManager l11ay.. . .
assign the performance of any of the duties prescribed in this chapter to his or her
assistants... TheG,ityM,anager shal( app()irltan.,<3,s,sistaflt. City Manager in accordance
with Article V, Section 101 of/he City Charter. (Ord. MC-839, 1992; Ord. 3286, 1972; Ord.
2397 !i5, 1961) (City Attomey Opinion No. 92-10)
2.02.060 Duties of the City Manage" ..... . . .... .. .. .. n
Under the general supervision of the Mayor, Jhe .city ManagershaUbe responsi~le for
the performance of such ,dutiesps .",C1y.bE! .plac:ed il"lhis.orhE!rc.hClrgE!as.sp,er;ifiE7ct if) the
City Charter, by law, by the Mayor, and/or by the Mayor and Common Council. TIn
connection therewith, the City Manager shall report to the Mayor and Common Council
from time to time the status and enforcement of the Mayor and Common Council's
policies, rules and regulations and accordingly, shall coordinate and monitor the
activities of financing, purchasing and personnel. In addition to the authority and duties
outlined in Article V, Section 102 of/he City Charter, JI1E!PtYMa.nl3gershClII; .
.,4" pirect and exercise immediate s,upervisio.no,!er.the .adrrlinis,trati()f1.ofall Ml3na9E7r~
directed departments of the City. As defined in Article XI/I, Section 221 of the City
Charter, Manager-directed departments of the City shall be all City departments except
the Offices of the Mayor, City Attorney, City Clerk, and City Treasurer and except for the
Water Department, Free Public Library and the Civil Service Administration.
B. Appoint, subject to Section 40(s) of/he City Charter; exercise immediate supervision
over, suspend, and remove, all City employees of all Manager-directed departments of
the City in both the classified and unclassified service; except that for the classified
service, such powers shall be pursuant to the Civil Service provisions of the City Charter,
Civil Service rules, regulations and ordinances, and except that the removal of such
employees in the unclassified service is subject to the consent of the Mayor and
Common council: and to appoint any temporary, part-time employees of all Manager-
directed departments of/he City;
C Ensure, in cooperation with the Attorney General, District Attorney, City Attorney,
Police Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and
franchises are enforced and executed:
D. Attend all meetings of the Mayor and Common Councilor council committee
meetings, and have the right to participate in the discussion without vote;
.
B j:;oordinate. wIth all other jJepartments that are not Manager-directed,.
;:;,. .{?eview the departl11entaland. agency(s). budgetrequests. and the various items in the
proposed budget, including revenues, expenditures and reserves; he or she shall submit
his or her recommendation on the proposed annual budget and annual capital
improvement program to the Mayor and Common Council;
3
.." Deleted: Duties -
Deleted: Administrator
Deleted: Administrator
Deleted: In addition to the duties
expressly enumerated herein, the City
Administrator shall coordinate and
implement all operations related to
the City's central data processing and
Similar functions, induding the
compilation and distribution of
J information for the various municipal
departments and officials.
.! Deleted: - Report to Mayor and
j Common Council
Deleted: and subject to the approval
and direction and control thereof,
Deleted: Administrative Officer
Deleted: ministerial
Deleted: and ministerial functions
" Deleted: , and
Deleted: i
Deleted: T
". Deleted: Administrative OlIicer
Deleted: A. Attend eU meetings of
the Mayor and Common Council
except when excused therefrom, and
advise and make recommendations
to the Mayor and Common Council
upon matters which are brought
before them and which are within his
or her administrative authority:1I
~
B
Deleted:
, led' .
'1 De et : Coordinate with the work of
departments
" I Deleted: and agency(s)
""" Deleted: which are under the direct
jurisdiction or fiscal control of the
. Mayor and Common Council; in this
connection, the Administrative OffICer
may coordinate periodic submission
of organizational charts and
departmental activity reports; inform
departments on actions. decisions
and policies of the Mayor and
Common Council affecting
de artment 0 rations.
p
,'I[
pe
, Deleted: C. Subject to rules,
regulations and ordinances of the
Mayor and Common Council, cause
to be prepared and submitted
requests for the creation of new
positions and capital outlay ite ...
Deleted: 0
Deleted: In cooperation with the
various departments and agen ...fllJ
F. Keep the Mayor and/or the Mayor and Common Council fully advised as to the
financial condition and needs of the City, including the filing of annual and interim
financial reports, and make such recommendations as may seem desirable by the City
Manager;
G. Make such other reviews, evaluations, studies and surveys and perform such other
administrative duties as he or she may recommend to the Mayor and Common Council
andlor as are ordered by the Mayor and Common Council;
H. Submit such reports as the Mayor and/or the Mayor and Common Council may
require concerning the operations of Manager-directed departments, and recommend to
the Mayor and Common Council the adoption of measures deemed advisable;
l RecomfTle.nd to thE!. ~ay()rancj. COfTlmor"l. CoLJncil t.hE!adoption ()fne\'J ar"lcJrevisecj..
orders and resolutions when in his or her judgment such action will promote improved
City services and operations and are in the public interest;
J. Confer regularly with the Mayor, implement the policies of the Mayor and Common
Council as directed by the Mayor, and keep the Mayor informed of any issues, events
and controversies that may arise; be responsible for the implementation of the Mayor's
policy directives and insure that those directives are acted upon by all supervisors and
employees in the Manager-directed departments of the City;
K. Confer regularly with the City Attorney on legal issues; immediately notify the City
Attorney of any important legal issues or difficulties that arise; 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/her subordinates; it is the responsibility of the City Manager to
insure 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;
L. Confer regularly with the City Treasurer on financial issues, obtain the financial advice
of the City Treasurer and carefully consider that advice, and keep the Treasurer
informed of all financial matters and immediately notify the City Treasurer of any
important financial issues or difficulties that arise;
'Msign. all contrads, . deeds,andother documents 'on behalf of theCHy' when authorized
to do so by the Mayor and Common Council; and
N. Make such administrative rules and regulations as the City Manager deems
necessary for the orderly administration of the various departments of the City.
. . --- ---. ----.- --. - --- - --. ------ ".
2.02.070 Request from others to provide information or assistance.
The pty Managermay request.<my officer,or head of any non Manager-directed.
department and agency(sJ to provicJE!informati()n.allcJ to. assist in carrying ()ut thE!.....
policies and orders of the Mayor and Common Council and the,administr.ativ€1duties
herein vested in the,GitYManager,(Ord.MC:839, 1~92~ Ord2397 E 1961)
4
Deleted: E. Review the departmental
and agency(s) requests for
adjustments and transfers of budget
funds and make recommendations
I concerning them to the Mayor and
I Common Council;,.
11
F. Recommend to the Mayor and
Common Council adjustments
between accounts of the maintenance
and operation and capital Qutlay
appropriations of individual City
departments, and agency(s) provided
that such adjustments, without
concurrence of the Mayor and
Common Council. do not increase the
totals of the amounts budgeted for
such categories of expenditures;,
11
G. Implement an operations program
and standards of maintenance for the
public buildings of the City, subject to
the concurrence of the Mayor and
Common Council, with the exception
of those public buildings under
jurisdiction of the municipal water
department and the free public library
board;1I
11
H. Maintain continuous research into
administrative practices, study and
make recommendations to the Mayor
and Common Cauna concerning
such changes or modification as will
improve the efficiency and economy
of City governmental operations:'
11
I. Coordinate and implement the City
insurance policies and make
I recommendations concerning the
recovery of any claims against such
policies;,.
11
J. In cooperation with City
departments and agency(s),
recommend and review development
of work measurement, process
organization and procedures
programs and operating manu ...
Deleted: M. Make such other
reviews, evaluations. studies and
surveys and perform such other
ministerial dubes as he or she may
recommend to the Mayor and
Common Council and/or as are
I ordered by the Mayor and Co ... 4
Deleted: 11
I Formatted: Font: II pt, Notllalie
Formatted: Font: Not Bold
Deleted: Administrative Officer
Deleted: ), under the control or
jurisdiction of the Mayor and Common
Council,
Deleted: ministerial
j Deleted: Administrative Officer
2.02.080 Intent of Chapter.
No provision of this chapter is intended to vest in the pty l'v1an(jger any duties()r grant to
him or her any authority which is vested by general law or by the Charter of the City in
the Mayor and Common Councilor in any other City department, officer, board,
commission or employee, including but not limited to the Mayor's authority of general
supervision. (Ord. MC-839, 1992; Ord. 239798, 1961) (City Attorney Opinion No 92-10)
2.02.090 Authority to file and prosecute small claims.
The City Man(jgerorhisor tlE!rdesignCited. rE!!lresentati\lE!i~auttlorizedto.me arld
prosecute actions on behalf of the City in the small claims courts of the state. With the
written consent of the City Attorney, the City M(jnager ()r hi.s ()rh.er ~esignatE!d u ...
representative is authorized to reduce the claim of the City by an amount not in excess
pf the jurisdictionCiI maximumarrJ()unt ()f a small.clairrJ~c()urt.(Ord. .~C~8~9, 19.92: Ord. .
388391,1979; Ord. 82191502,1921) .
2.02.100 Mayor and Council's authority over the City Manager and other City
employees.
Neither the Mayor nor any member of the Common Council, nor any other elected City
official, nor the Common Council, nor any of its committees or members shall dictate or
attempt to dictate. either directly or indirectly, the appointment of any person to office or
employment by the City Manager, or in any manner interfere with or prevent the City
Manager from exercising judgment in the appointment of officers and employees in the
administrative service. Neither the Mayor, Common Council Members, employees of the
Common Council, nor employees of the Office of the Mayor, shall give orders to any of
the subordinates of the City Manager, either publicly or privately.
Chapter 2.04
DEPARTMENT OF HUMAN RESOURCES
Sections:
2.04.010 Department established.
2.04.020 (Repealed by MC-666, 7-17-89)
2.04.030 Functions and responsibilities.
2.04.040 Equal employment opportunity..
2.04.050 Labor-management relations.
2.04.010 Department established.
A Department of Human Resources is established which shall be administered by a
Director of Human Resources. The position of Director of Human Resources shall be
filled by appointment of the pty l'v1an(jfwwith.thea!l!lr()v(jl.o.fthE!(;ommon Counc;iL ...
(Ord. MC-1027, 9-8-98; Ord. MC-198, 8-9-82; Ord. 2481 91, 1-28-63.) (City Attorney Opinion No.
88-9)
2.04.020 (Repealed by MC 666, 7-17-89.)
2.04.030 Functions and responsibilities.
The Director of Human Resources shall, under the supervision and direction of the City
Manager, have charge of thE! !lersonnel!lrogramof me City, exceptfunctionsrelating to
personnel in the Municipal Water Department and the Free Public Library, and except as
5
{ Deleted: Administrative Officer
. - { Deleted: Administrator
. { Deleted: Administrator
Deleted: of five hundred dollars, in
order to bring the daim within the
Deleted: and affinnatlve,
action.
{ Deleted: Mayor
{ Deleted: Administrator
the Charter may otherwise provide. The Director of Human Resources shall perform the
following functions:
A. Administer the position classification plan and make recommendations to the City
Manager for changes in classifications where warranted
B. Administer the wage and salary schedules or plans established by the Mayor and
Common Council and make recommendations to the City Manager forcha.ng,esin
accordance with accepted standards of wage setting.
C. Develop and administer systematic evaluation of employees' performance during and
after probation.
D. Develop plans with department heads for the training and efficient utilization of
employees and conduct studies as a basis for improvement of in-service practices and
procedures.
E. Maintain records of turnover, absences and other indices of the effectiveness of
personnel administration and recommend methods of improving the personnel program.
F. Maintain personnel records of all City employees.
G. Administer employee insurance programs and contracts and the contract with the
Public Employees' Retirement System.
H. Review all personnel action forms for compliance with City ordinances, resolutions
and orders related thereto. (Ord. MC-1027, 9-8-98: Ord. MC-198, 8-9-82.) (City Attorney
Opinion No. 88-9)
2.04.040 Equal employment opportunity" ....,
Programs for maintenance of equal employment opportunity in the City jurisdiction, as
achieved through an .pqual ernploYlT7ent opportunity plan or other means, shall be a
function within th!! Department of Human Resources. Direction and coordination of
programs to assure compliance with applicable state and federal laws shall be directed
by an .f,qual ElT7ployment OPPeJrtunity (Jffi(;er. The gqLlal ElT7ployment OpportLlnity ,
Officer shall perform those duties set forth in the~qLlal.fjmpl()YrrJfJfIt.ofJPeJrtUflity'pICln"
and/or other plans and programs as may be adopted by the Mayor and Common Council
and such other duties as are assigned by the ,Gity Managfjr ()rthe Mayor and c:;o,mmon,
Council. (Ord. MC-1027, 9-8- 98; Ord. MC-198, 8-9-82.)
2.04.050 Labor-management relations.
Administration of a comprehensive labor and management relations program shall be a
function within the Department of Human Resources. Administration of the program may
be by or coordinated with the person, or authorized representative, designated by
resolution of the Mayor and Common Council as the City's representative in matters of
employer-employee relations pursuant to Section 12 of Resolution No. 10584, as
amended, and Government Code Sections 3500, et se'l., or any superseding resolution
or law. The labor-management relations program shall include the administration of the
provisions of Section 186 of the City Charter for fixing salaries, classifications, and
working conditions of employees in the Police and Fire Departments and such other
6
{ Deleted: Administrator
\ Deleted: Administrator
- - { Deleted: and affinnativ. action
{ Deleted: affirmative action
Deleted: Affirmative Action
Deleted: Affirmative Action
", Deleted: Affirmative Action
I Deleted: Plan for equal employment
opportunity
l Deleted: Mayor
duties as are assigned. (Ord. MC-1027, 9-8-98; Ord. MC-198, 8-9-82.) (City Attorney Opinion
No. 88-9)
Chapter 2.06
PURCHASING AGENT
Sections:
2.06.010 Position established - Bond.
2.06.020 Powers and duties.
2.06.010 Position established - Bond.
AT A purchasing system isherebyestablishedwhichshallbeadministeredfJY a,
Purchasing Agent. The City Manager or his/her designee shall serve as the Purchasing
Agent ,
, ,
'1:.-...--..
2.06.020 Powers and Duties
The Purchasing Agent,s,hClII,I1C1ve c:harg~, Clfth~p,urCI1Clsillg ,of. !;upplie!;., ,Ill,at~rials.,
equipment and contractual services required by any office, department or agency of the
City, with the exception of the 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;
IF, Transfer bet'Neel1, offices" dep,artrnentsor ,ag~llciEls., ()r,sella,ny Surfllus" Clbsolete, or
unused supplies, materials or equipment;
F. Maintain and operate central duplicating printing and mail service:
G. Prepare a manual setting forth procedure to be followed by all departments as to the
purchase of materials and equipment.
H. Perform such other duties as may be imposed by ordinance or resolution of the
Common Council, or as the administrative officer may direct. (Ord. MC-646, 12-5-88; Ord.
602,6-1-87; Ord. 3842 91,1979; Ord. 239892,1961)
Chapter 2.081
CITY TREASURER
Sections:
2.08.010 Requirement to deposit money.
2.08.020 Transfer of moneys.
2.08.030 Custodian of money.
2.08.040 Report and accounting of receipts
7
Deleted: The position of Purchasing
Agent of the City is established
Deleted: This position shall be in the
noncompetitive dass of the classified
service of the Civil Service.'
Deleted: ,
B, He shall be appointed by the
Mayor with the approval of the
Common Council and the Civil
Service Board.'
Deleted: C. The purchasing agent
shall execute and deposit a fidelity
bond in the amount of ten thousand
dollars before taking office. (Ord,
2398 ~1, 1961."
Deleted: ,
Deleted: under the superviston and
direction of the Director of Finance,
.' Deleted: D. Establish and supervise
City storerooms and warehouses and
maintain perpetual inventories
pertaining thereto;lft
,
2.08.050 Investment authority.
1 For charter provisions on the City treasurer, see Charter 970.
2.08.010 Requirement to deposit money.
Pursuant to Charter section 40 subsection (x) and section 70, the Treasurer of the City
shall deposit all money received by him in such depository or depositories as may be
designated by the Mayor and Common Council, in compliance with all the provisions of
the State Constitution and laws of the State governing the handling, deposit and
securing of public funds and the handling of trust funds in his possession. (Ord. 3472 91,
1975)
2.08.020 Transfer of moneys.
The money paid into the treasury shall be at once deposited by the City Treasurer into
the appropriate bank account or accounts. Money may be transferred from one fund into
another fund by motion and a majority vote of the Common Councilor by its approval of
the tentative and final budgets containing fund balances for each fiscal year. (Ord. 3472
92.1975,)
2.08.030 Custodian of money.
The Treasurer shall be the custodian of all money deposited in the City treasury. He
shall be the custodian of all securities bought by the City government for the account of
any fund and of any unsold bonds of the City. In the event of the sale of any bonds by
the City, as by law provided, he'shall deliver the same, and receive from the purchaser
the amount of money due from such sale, and credit the same to the proper bank
account in the same manner as other deposits and report such action to the legislative
body and the Director of Finance. (Ord. 3472 93. 1975.).
2.08.040 Report and accounting of receipts.
He shall payout money only on check warrants signed by legally designated persons.
Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a
written report and accounting of all receipts, disbursements and cash balances. He shall
file a copy with the legislative body and the Director of Finance. (Ord. 3472 94, 1975.)
2.08.050 Investment authority.
The Treasurer may invest the money under his supervision and control in such
institutions and upon such terms as the laws of the state may permit, subject to such
rules and regulations as the Mayor and Common Council may prescribe, (Ord. 3472 95.
1975.)
Chapter 2.10
DEPARTMENT OF FINANCEz
Sections:
2.10.010 Created.
2 For statutory provisions authorizing the establishment cfthe office of Director of
Finance and the transfer of the City Clerk's duties to such office, see Gov. Code 9937209
and 40805.5.
2.10.020 Position established - Bond.
2.10.030 Powers and duties.
8
2.10.040 Divisions of department.
2.10.010 Created.
A Department of Finance is created. (Ord. 285591.1967.)
2.10.020 Position established - Bond.
A. The position of Director of Finance of the City is established. This position shall be in
the unclassified service of the Civil Service.
B. He shall be appointed by the ,city Manager\yiththeapprovalo_ftheCornmonC()LJnciL
C. The Director of Finance shall execute and deposit a fidelity bond in the amount of ten
thousand dollars prior to taking office. (Ord. 285592,1967.)
2.10.030 Powers and duties.
The Director of Finance, under the supervision and direction of the City Man~ger,shall
have charge of the administration of the financial affairs of the City, but not the Municipal
Water Department. The Director of Finance shall have the following powers and duties:
A. He shall 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.
B. He shall develop, supervise and maintain the general accounting system for the City
government.
C. He shall 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.
D. He shall regularly, at least-Buarterly, and,at thl! en~()f e~chfis_calyear._ prepare and
submit to the City Manager, ancj the May()r_ancl_ <::<>rnrn_on_ <::()LJrlcil"a !itaternl!nt_C1rld _
report indicating the financial condition of the City, including, but not limited to, receipts,
disbursements, appropriations and reserves.
E. He shall establish, supervise, and maintain a system of data processing for the
handling of accounting information and other reports and tabulations required by the
City.
H. He shall mainlain anc:i'operaleceniral dupliCating, printing,and mail service serVing
City departments.
I. He shall compile the preliminary budget data, including capital and operating
expenditure projections. and revenue projections for the City Ma(1~ge!-"" _,_
J. He shall prepare and maintain current inventory of all materials, supplies and
equipment of the City.
9
{ Deleted: Mayor
- { Deleted: Adm'nlstrator
Deleted: once a month
Deleted: Administrator
., Deleted: F He shall establish and
supervise efty storerooms and
warehouses and maintain perpetual
inventories pertaining thereto .1(
Deleted: G. He shall establish a
system for transfer of unused
supplies or materials, between
offices, departments or agencies,
and. with the prior approval of the
Council. dispose of materials.
supplies or equipment found to be
obsolete or surplus.~
Deleted: Administrator
,
j
K. He, or his 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 his designated representative, shall attach to the
register of audited demands before submission to the Mayor and Common Council his
affidavit certifying as to the accuracy of the demands and the availability of funds for
payment thereof pursuant to Government Code Section 37202; and he, or his
designated representative, in lieu of the City Clerk, shall certify or approve demands as
conforming to a budget approved by resolution pursuant to Government Code Section
37208, provided that the provisions of Section 37208 shall in other particulars be
applicable to the City.
L. He shall prescribe the forms of receipts, vouchers, bills, or claims to be used by all the
agencies of the City.
M. He shall supervise the work of preparing the City payroll and maintaining records of
all payroll data; and he shall supervise the work for the State Employees' Retirement
System in accordance with the law and administrative directors of the Retirement
System.
N. He shall perform such other duties as may be imposed by ordinance or resolution of
the Common Council, or as the CitY.Maf1E:lge[ rTiay. ~irect. (()rcj. :342~'H1 ~7.4;()rd ;!855HS3, H /
1967.) .. . .
I.
Chapter 2.12
FIRE DEPARTMENT3
Sections:
2.12.010 Appointment of Fire Chief.
2.12.020 Duties of Fire Chief.
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.
2.12.010 Appointment of Fire Chief.
The Mayor shall appoint. with the approval of the Board of Fire Commissioners and
subject to the confirmation of the Common Council, a Fire Chief. The position requires
exceptional qualifications of a scientific, managerial, professional and educational
character. (Ord. MC-460, 5- 13-85; Ord. 1713 (part), 1944; Ord.347 92,1907. )
2.12.020 Duties of Fire Chief.
The Fire Chief shall have the general management and supervision over the Fire
Department, under the regulations and directions of the Mayor and Common Council,
and under the immediate supervision of the City Manager and the general supervision of
the Mayor in accordance with Section 221 of the City Charter. (Ord. MC-460, 5-13-85; Ord.
1713 (part), 1944; Ord.347 94 1907.) 3 For charter provisions on the City fire department,
see Charter Art. X; for statutory provisions on City fire departments, see Gov. Code
938611.
10
{ Deleted: Administrator
Deleted: 2.10.040 Divisions of
dopartmont.'
11
A. The Department of Finance shall
be under the supervision at the
Director of Finance and shall consist
of the following divisions:'
11
1, Purchasing division;'
2. Accounting division;,-
3. Payroll division:"
4. Such other divisions as may be
authorized by the Mayor and
Common Council.1(
11
B. The heads of each of these
divisions shall be in the undassified
Civil service. (Ord 3285,1972: Orc!.
; 2855 ~4. 1967.)11
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 Sections,9,~2.070,9.56.01(1.12.36:02o.12.52:010, and
Chapters ,9.12, .1516~nd ~re .a.uth()riz~dto p~rf()rmany~c:t,inc:ludin9 the prepa,ration .
and issuance of written notices to appear for violations thereof, under and pursuant to
Section 836.5 and Chapters 5C and 50 of Part 2 Title 3 (commencing with Section
853.6) of the Penal Code of the State of California. (Ord. MC-460, 5-13-85; Ord. 34793,
1907.)
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. MC-460, 5-13-85; Ord. 34797, 1907.)
2.12.050 Liability of City.
No liability shall be incurred by the City on account of the Fire Department, except such
as shall be incurred or approved by the Mayor and Common Council. (Ord. MC-460, 5-13-
85; Ord. 347 !l8, 1907.)
CHAPTER 2.14
DEPARTMENT OF DEVELOPMENT SERVICES
Sections:
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 Development Services (formerly the Departments
of Planning and Building Services, and Public Works). (Ord. MC-1027, 9-8-98; Ord. MC-
344, 2-20-84.)
2.14.020 Director.
The Department shall be under the management and control of the Development
Services Director who shall be appointed by the ,Gity Manager with approval of the
Common Council. (Ord. MC-1027, 9-8-98; Ord. MC-344, 2-20-84.)
2.14.030 Director. Duties.
Under the policies of the Mayor and Common 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 Development Services. (Ord. MC-1027, 9-8-98; Ord. MC-344, 2-20-84.)
2.14.031 City Engineer.
The position of City Engineer is hereby created and shall report to and be under the
supervision of the Director of Development Services. (Ord. MC-1027, 9-8-98)
2.14.032 City Engineer. Duties.
II
i Deleted: 5.28.010.8114010,
I 8.84020,
Deleted: , 9.84.010
Deleted: , 12.44.010, 12,44,020
Deleted: 5.64, 9.08,
Deleted: . 12.20,
Deleted: and 16.16 and TiUe 6 of
this Code
. { Deleted: Mayor
The City Engineer shall perform the appropriate duties as a registered engineer as
provided for in Section 6730.2 of the Business and Professions Code or any other
applicable section of State law, the City Charter, or the Municipal Code. (Ord. MC-1027, 9-
8-98)
2.14.040 Meetings.
The Director shall represent the Department of Development Services at all meetings
and hearings of the Mayor and Common Council considering matters relating to
planning, building services, or public works either in person or by duly authorized
representatives. (Ord. MC-1027, 9-8-98; Ord. MC-344, 2-20-84; Ord. 3512 ~4, 1975.)
Chapter 2.15
DEPARTMENT OF PUBLIC SERVICES
Sections:
2.15.010 Established.
2.15.020 Director-Duties.
2.15.010 Established.
The Department of Public Services is established. (Ord. MC-344, 2-20-84.)
2.15.020 Director - Duties.
The Department shall be under the management and control of the Public Services
Director who shall be appointed by the City Manager with approval of the Common
Council. Under the policies of the Mayor and Common 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 Common Council relating to streets,
rubbish and refuse disposal other than,engine~ring,cJElvel()P.IllElI1t.a.n~.illll'rovingof
streets which shall be the responsibility of the Department otDevelopment Services; and
shall plan, coordinate and report on all the duties and activities involved in such
programs. (Ord MC-344, 2-20-84)
.C:l1l1pte.r2.1!.. ....... .... . ..""""" ..
BOARDS, BUREAUS AND COMMISSIONS - GENERAL
Sections:
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 Chairman - Meetings - Absences.
2.17.070 Quorum.
2.17.080 Hearing Officer(s)
2.17.090 Hearing Officers; Powers; Absence of Quorum.
2.17.100 Hearing Officers; Powers; Referrals.
2.17.110 Hearing Officers; Appeals of Decision
(City Attorney Opinion No. 93-8)
12
I Deleted: the planning.
Deleted: PubliC Works
Deleted: Chapter 2.16'
DEVELOPMENT SERVICES
DEPARTMENT Sections:'
.11
I 2.16.010 Created.'
2.16.020 Superintendent - Duties.'
2.16.030 Appointment of persons
to positions.'
,
2.16.010 Created.'
A Development Services Department
is created which shall be under the
control and administration of the
Superintendent of the Department
who shall be appointed by the Mayor
SUbject to the approval of the
Common Council. (Ord. MC- 1027.9-
8-98: Ord. 2384 ~1. 1961)'
11
2.16.020 Superintendent - Duties.'
The Superintendent of the
department shall supervise each
officer and employee of the
department and shall enforce the
laws of the City and the Stale
pertaining to building, plumbing,
electrical inspections, and related
matters, and shall perform such other
duties as may be imposed upon the
chief building inspector, building
official, administrative authonty, chief
plumbing inspector, city electrician
and like officers by other ordinances,
resolutions or laws (Ord. 2384 ~2.
, 1961.)~
!1I
2.16.030 Appointment of persons
to positions.'
The Mayor shall appoint, subject to
the approval of the Common Council,
such qualified persons as may be
recommended by the Superintendent i
to such positions in the Department
as shall be created by resolution
I ~Ord. 2384 ~3. 1961.)11
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
following boards, bureaus and commissions:
A. Planning Commission;
B. Central City Parking Place Commission;
C. Animal Control Commission;
D. (Repealed by MC-1190);
E. Fine Arts Commission;
F. Board of Fire Commissioners;
G. Board of Police Commissioners;
H. Human Relations Commission;
I. (Repealed by MC-1190);
J. Community Television Commission;
K. (Repealed by MC-1190);
L. Bureau of Franchises;
M. Board of Building Commissioners;
N. (Repealed by MC-1190);
O. Senior Affairs Commission. (Ord. MC-1190, 11-01-04; Ord. MC-1088, 10-2-00; Ord. MC-
1014,1-12-98; Ord. MC-529, 7- 7-86; Ord. MC-299, 8-15-83; Ord. MC-277, 6-6-83.)
2.17.020 Members.
Each board, bureau and commission subject to the provisions of this chapter shall
consist of nine members, unless otherwise provided in this title. (Ord. MC-1014, 1-12-98;
Ord. MC-277, 6-6-83.)
2.17.030 Nomination - Terms.
Each Council member shall nominate one member of each such board, bureau and
commission who shall serve during and for the term of the nominating Council member.
The Mayor shall nominate two members to each such board. bureau and commission,
who shall serve during and for the term of the Mayor. The terms of board. bureau and
commission members shall coincide with the term of the nominating Council member or
Mayor, provided that when a vacancy shall occur in the office of the Council member or
the Mayor who originally nominated any member, the applicable term of that member of
the board, bureau or commission shall continue until a successor has been appointed.
Nomination and appointment of a replacement member at any time shall terminate the
13
appointment of any member so replaced, without need for formal removal action. (Ord.
MC-277. 6-6-83) (City Attorney Opinion No. 91-33)
2.17 .035 Alternate members.
The Mayor shall nominate two alternate members to each board, bureau and
commission who shall serve during and for the term of the Mayor. Such alternate
members may attend the meetings of the board, bureau or commission and may
participate in the discussions but shall not be considered for the determination of a
quorum pursuant to Section 2.17.070, unless a quorum is not otherwise present. When a
quorum is not otherwise present such alternate member or members shall be counted in
the determination of a quorum and may vote and have all other rights and
responsibilities of a member of the board, bureau or commission for that meeting. When
any regular member of the board, bureau or commission is not in attendance, but a
quorum still exists, the most senior alternate member may vote on any matter pending
before the board, bureau or commission, and shall have all other rights and
responsibilities of a member of the board, bureau or commission for that meeting. If two
or more regular members are not in attendance then both alternate members may vote
and have such rights and responsibilities. (Ord. MC-832, 5-18-92; Ord. MC-767, 2-4-91)
2.17.040 Appointment - Registered voter requirement - Compensation - Oath.
Each member of such board, bureau or commission, after having been nominated, shall
be appointed by the Mayor, with the approval of the Common Council. Each member
shall be and remain a registered voter within the City and each member of such board,
bureau or commission nominated by a Council member shall be and remain a resident
of the ward of such Council member during the term of appointment, except as may be
otherwise provided in this title. Members shall serve, without compensation, at the
pleasure of the Mayor and Common 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, except that if a ward boundary change
results in the member no longer residing in the nominating Council member's ward, such
member may continue to serve until a replacement member is nominated and appointed.
Any vacancy shall be filled and appointment shall be made in the manner herein before
set forth as for an original appointment. (Ord. MC-652, 2-20-89; Ord. MC-277, 6-6-83.)
2.17.050 Oath of Office.
Prior to undertaking his or her duties as a member of any such board, bureau or
commission, the member shall subscribe and file his or her official oath of office with the
City Clerk. (Ord MC-277,6-6-83.)
2.17.060 Chairman - Meetings - Absences.
A. Each board, bureau and commission shall elect a chairman and vice-chairman from
among its members, and the chairman and vice-chairman shall serve for a term of one
year. The board, bureau or commission shall meet not less than once a month in the
City Hall, San Bernardino, California, or such other place within the City as the board,
bureau or commission may select.
B. If a member of any board, bureau or commission fails to attend three consecutive
regular meetings without excuse from the chairman, 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, bureau or commission, and the chairman of such
board, bureau or commission shall notify the former member and the nominating official
14
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, bureau or commission shall be open to the public and shall
be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq.,
California Government Code. (Ord. MC-277, 6-6-83.)
2.17.070 Quorum.
Any five members in attendance at any meeting shall constitute a quorum. Except for
public hearings (which shall not be conducted without a quorum), a board, bureau or
commission may meet in the absence of a quorum as a committee of the whole, and
recommend actions and propose resolutions which, if ratified at a subsequent meeting of
such board, bureau or commission at which a quorum is present, shall constitute the
official action of such board, bureau or commission. (Ord. MC-277, 6-6-83.)
2.17.080 Hearing Officer(s)
The Board of Building Commissioners or the Planning Commission may designate such
Hearing Officer(s) as are necessary to hear such matters as are hereinafter described.
(Ord. MC-8D3, 8-7-91.)
2.17.090 Hearing Officers; Powers; Absence of Quorum.
Hearing Officer(s) appointed pursuant to this chapter may hear any and all matters on
the agenda of the Board of Building Commissioners in the absence of a quorum of said
Board and may hear any Conditional Use Permit Revocation item on the agenda of the
Planning Commission in the absence of a quorum. (Ord. MC-8D3, 8-7-91.)
2.17.100 Hearing Officers; Powers; Referrals.
Hearing Officer(s) appointed pursuant to this chapter may hear any item referred to said
officer by the Board of Building Commissioners or by the Planning Commission. (Ord.
MC-8D3,8-7-91)
2.17.110 Hearing Officers; Appeals of Decision.
Decisions of Hearing Officer(s) shall be appealable in the manner provided by ordinance
or other law within the time(s) provided by said ordinance or other law, and any appeal
taken shall be in the same manner prescribed for appeals of the Commission the
Hearing Officer is acting on behalf of. (Ord MC-8D3, 8-7-91)
Chapter 2.184
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
Sections:
2.18.010 Created.
2.28.020 Functions and responsibilities.
4 For charter provisions on the Park and Recreation Commission, see Charter Art. XII-A.
2.18.030 Park and Recreation Commission - Duties.
2.18.040 No compensation - Meetings
2.18.010 Created.
A Department of Parks, Recreation and Community Services is created which shall be
under the control and administration of the Director of the Department who shall be
15
appointed by the ,city Manager subjectto the approval of the Common Council. (Ord
MC-299,8-15-83; Ord. 334791,1973.)
2.18.020 Functions and responsibilities.
The Director of Parks, Recreation and Community Services shall carry out such
functions as are assigned to the department by the Mayor and Common Council, under
the immediate supervision of the City Manager. (Ord. MC-299,8-15-83; Ord.3347 92,1973.)
2.18.030 Park and Recreation Commission - Duties.
A. The Park and Recreation Commission, as established by Charter shall act in an
advisory capacity to the Mayor and Common Council in all matters pertaining to parks,
recreation and parkways. The Commission shall advise the Mayor and Common Council
and the City Manager on the annual budget of the Parks, Recreation and Community
Services Department during the process of its preparation and make recommendations
with respect thereto.
B. The Commission shall advise the Mayor and Common Council and the City Manager
on;
1. Community needs and problems for the purpose of providing a basis for establishing
departmental priorities, goals and objectives;
2. Programs and plans designed to meet stated goals and objectives in, but not limited
to, the following areas of concern: youth affairs, senior affairs, consumer affairs,
discrimination in housing and employment, and community service centers;
3. Coordinating on a City-wide basis the work of those community agencies and
organizations engaged in the providing of human services;
4. Evaluation of all community agencies and organizations receiving City funds for the
purpose of providing human services. (Ord. MC-313, 11-7-83; Ord. MC-299, 8-15-83: Ord.
3347 93, 1973 )
2.18.040 No compensation - Meetings.
Each member shall serve without compensation. Immediately after appointment and
qualification, the Commission shall organize by electing from among its membership a
chairman and a secretary. Regular meetings shall be held at least once a month. Five
members shall constitute a quorum, but a lesser number of members may adjourn from
time to time. (Ord. MC-299, 8-15-83; Ord. 334794,1973.)
Chapter 2.20
SPECIAL COUNSEL SERVICES
(MC-1095,3-19-01)
Sections:
2.20.010 Definitions.
2.20.020 Coordinated legal services.
2.20.030 Requests for legal services.
2.20.040 Retaining special counsel.
2.20,050 Scope of legal services.
2.20.060 Legal services procedures.
2.20.070 Outside counsel.
16
.. { Deleted: Mayor
2.20.080 Confidentiality of matters related to prospective or
pending litigation.
2.20.010 Definitions.
A. "City" shall mean the City of San Bernardino, California.
B. "City Attorney" shall mean the City Attorney or, in his or her absence, the Assistant
City Attorney, or in the latter's absence, the highest ranking Deputy City Attorney
available.
C "Council" shall mean the Mayor and Common Council as that term is defined in
Section 40 of the San Bernardino City Charter.
D. "Special counsel" shall mean an attorney at law licensed to practice in the State of
California who specializes in a field such as bond financing, workers compensation
liability, public and property damage liability, water matters or other specialized field.
(Ord. MC-374, 6-4-84.)
2.20.020 Coordinated legal services.
The performance of all municipal legal services shall be coordinated, centralized and
processed through the City Attorney, subject to the provisions of this Chapter. Any
summons or claim served upon the Mayor or City Clerk or other City officer shall be
transmitted to the City Attorney immediately upon receipt. (MC-374, 6- 4-84 ) (City Attorney
Opinion No. 89-11; City Attorney Opinion No. 87-59)
2.20.030 Requests for legal services.
Requests for the performance of legal services for the City or any City officer or
department thereof shall be directed to the City Attorney. Requests for legal services
other than oral advice shall be made in writing. (Ord. MC-374, 6-4-84.) (City Attorney
Opinion No. 87-59)
2.20.040 Retaining special counsel.
Special counsel shall be retained by the Council pursuant to Charter Section 241 subject
to the recommendation of the City Attorney that such counsel is necessary in instances
when legal specialization not possessed by the City Attorney is required or when the City
Attorney is unable or disqualified from performing such legal services. Special counsel
shall not be retained when the City Attorney is willing and able to perform the legal
services as a part of the ordinary professional functions of his or her office. The City
Attorney shall advise the Mayor and Common Council as to the experience and
qualifications of attorneys considered for retention as special counsel. (Ord. MC-374, 6-4-
84) (City Attorney Opinion No. 89-11; City Attorney Opinion No. 87-59)
2.20.050 Scope of legal services.
The scope and cost of the legal services to be performed by special counsel shall be
authorized and delineated by the Council, and the scope of such services shall not be
modified except when relevant to such authorization, as determined by the City Attorney.
(Ord. MC-374, 6-4-84.)
2.20.060 Legal services procedures.
The product of legal services performed by special counsel shall initially be presented to
the City Attorney for review and coordination before final submission to prevent
17
duplication and to enhance the quality of legal services. Special counsel shall consult
with the City Attorney concerning the legal services prior to completion. The City
Attorney and special counsel shall be named as co-counsel in any court case or legal
proceeding instituted Any request or directions made to special counsel from any City
officer shall be coordinated through the City Attorney. The City Attorney shall be briefed
and informed prior to legal services being presented to or performed on behalf of any
City official or officer. (Ord. MC-374, 6-4-84.)
2.20.070 Outside counsel.
Any City officer desiring legal services concerning City business from legal counsel other
than the City Attorney shall first inform the City Attorney of such intended request for
outside legal services to determine whether the City Attorney is willing and able to
provide such services. No City officer shall be authorized to obligate the City for payment
of services of outside counsel without the express approval of the Council. No City
officer shall utilize outside legal services concerning City business without the approval
of the City Attorney or Council; provided, however, that nothing herein shall preclude any
City officer from obtaining outside legal services at his or her own expense concerning
the personal or public rights, duties, privileges or benefits of such officer as an individual
or as an office holder, or from obtaining at his or her own expense legal services of a
private nature. (Ord. MC-385, 6-18-84; Ord. MC-374, 6-4-84.) (City Attorney Opinion No. 89-11,
City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36)
2,20.080 Confidentiality of matters related to prospective or pending litigation.
The Council at a public meeting may authorize and appoint the Mayor or not more than
three members from the Council to act as its representative or representatives, subject
to coordination with the City Attorney, in communicating or conferring with special
counsel retained in special matters or court actions. Unless authorized or appointed by
the Council to communicate or confer with special counsel, neither the Mayor nor any
member of the Council shall confer with or give any direction to special counsel
concerning the case or court action, unless done in a closed session held during
meetings of the Council. This provision shall not limit the right of the Mayor or any
Council member to obtain information concerning any such matter or court action from
the City Attorney. The Council shall limit discussion of the City's position in litigation,
except as to matters which are of public record, to closed sessions and shall keep
attorney client communications and discussions at such closed sessions private and
confidential. (MC-374, 6-4-84.)
Chapter 2.22
PLANNING COMMISSIONs
Sections:
2.22.010 Members - Appointment.
2.22.020 Duties.
2.22.030 (Repealed by MC-277.)
2.22.040 (Repealed by MC-277.)
2.22.050 Function and duty.
5 For statutory provisions on City planning commissions, see Gov. Code 965150; for
provision on City planning, see Gov. Code 965100 et seq.
2.22.060 (Repealed by MC-277.)
2.22.010 Members - Appointment.
18
The Planning Commission of the City shall consist of nine members who shall serve at
the pleasure of the Mayor and Common Council. Members shall be appointed and serve
pursuant to the provisions of Chapter 2.17. (Ord. MC-277, 6-6-83: Ord. 3216 (part), 1970:
Ord. 181591,1948.)
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
Common 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. MC-277, 6-6-83: Ord. MC-127, 1982; Ord. 3126 (part), 1970: Ord. 2812,1967; Ord. 1815
92,1948.) (City Attorney Opinion No. 93-8)
2.22.030 (Repealed by MC-277.)
2.22.040 (Repealed by MC-277.)
2.22.050 Function and duty.
It shall be the function and duty of the Planning Commission to prepare and adopt 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 thereof. Such plan shall be known as the master plan and shall be so
prepared that all or portions thereof may be adopted by the Common 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. 181595,1948.)
2.22.060 (Repealed by MC-277.)
Chapter 2.24
CENTRAL CITY PARKING PLACE COMMISSION
Sections:
2.24.010 Members - Appointment
2.24.020 Representation of public generally.
2.24.030 Responsibilities.
2.24.040 Recommendations.
2.24.050 Time-limit parking controls and restrictions.
2.24.060 Review of improvements, modifications or
deletions of parking places.
2.24.070 Responsibility for recommending parking
requirements.
2.24.080 Annual estimate of proposed expenditures.
2.24.090 Annual estimate of resources.
2.24.010 Members. Appointment.
The Central City Parking Place Commission shall consist of nine members who shall
serve at the pleasure of the Mayor and Common Council, all of whom shall be owners or
19
lessees of property or the holders of licenses for businesses located within the limits of
the Central City Parking District, or the designees of such persons. Members shall be
appointed and serve pursuant to the provisions of Chapter 2.17, except that the
registered voter and residency requirements of Section 2.17.040 shall not apply. (Ord.
MC-277, 6-6-83, Ord. 3670, 1977, Ord. 364691, 1977)
2.24.020 Representation of public generally.
The Mayor and Common Council declare that the individuals appointed to the
commission are intended to represent and further the interest of the holders of licenses
of all businesses and the owners or lessees of all property located within the district, and
that such representation and furtherance will ultimately serve the public interest.
Accordingly, the Mayor and Common Council find that for the purposes of members of
the commission, the holders of licenses of all businesses in the district and the owners
or lessees of property located in the district are tantamount to and constitute the public
generally within the meaning of Section 87103 of the California Government Code. (Ord.
MC-277, 6-6-83; Ord. 3646 !l2. 1977.)
2.24.030 Responsibilities.
The commission shall be responsible for recommending operating policies and
procedures for Parking Lots 1, 2 and 3, and such other parking places and facilities as
may be assigned for such responsibility by the Mayor and Common Council, including
the provision of security, enforcement of regulations, lighting, maintenance, repair and
needed improvements. (Ord. MC-277, 6-6-83; Ord. 3646 !l3, 1977.)
2.24.040 Recommendations.
The commission may recommend time-limit parking to be effective in the parking
facilities and such other measures as it may consider necessary in order to effectively
control and operate the facilities. The commission may also recommend rental fees or
charges for all or a portion of the parking places under its control. (Ord. MC-277, 6-6-83;
Ord. 3646 !l4. 1977.) (City Attorney Opinion No 93-8)
2.24.050 Time-limit parking controls and restrictions.
The commission, in the exercise of its responsibilities for maintaining and operating an
effective system of public, off-street parking within the district, may recommend such
time-limit parking controls and restrictions with respect to on-street parking as it may
believe to be necessary to implement the overall goals and objectives of the parking
district. (Ord. MC-277, 6-6-83; Ord. 3646 !l5, 1977.)
2.24.060 Review of improvements, modifications or deletions of parking places.
No improvements, modifications or deletions of any parking places under the charge of
the commission shall be made unless, or until, the improvements, modifications or
deletions shall first have been reviewed by the commission and a recommendation
made thereon to the Mayor and Common Council. (Ord. MC-277,6-6-83; Ord.3646 !l6,
1977.) (City Attorney Opinion No 93-8)
2.24.070 Responsibility for recommending parking requirements.
The commission shall be responsible for developing and recommending parking
requirements for adoption by the Mayor and Common Council in connection with the
construction of new buildings and the major modification of existing buildings within the
district. All requests for the waiver of any required off-street parking within the district
shall be referred to the commission for review and recommendation prior to any such
20
waiver being granted by any other agency of the City. (Ord. MC-277,6-6-83; Ord.3646 97,
1977.)
2.24.080 Annual estimate of proposed expenditures.
Annually, on or before April 30th of each year, the commission shall cause to be
prepared an estimate of proposed expenditures required for meeting the costs of
security, operation, maintenance, repair and improvement of parking places within the
district for the ensuing fiscal year, together with such funds as may be required for any
additional parking spaces which the commission may be recommending for acquisition.
(Ord MC-277, 6-6-83; Ord. 364698,1977.)
2.24.090 Annual estimate of resources.
Concurrently with the submission of the estimate of proposed expenditures mentioned in
Section 2.24.080, the commission shall also submit an estimate of the district resources
required to meet the financial needs of the parking district, including unexpended funds,
projected revenues from parking fees and charges, if any, and the amount to be raised
by taxation. The commission shall cause to be prepared a listing by July 15th of the
amounts recommended to be levied on each parcel of property within the district during
the ensuing year in order to meet the obligations of the district. (Ord. MC-277, 6-6-83; Ord.
364699, 1977.)
Chapter 2.26
ANIMAL CONTROL COMMISSION
Sections:
2.26.010 Members - Appointment.
2.26.020 Duties.
(City Attorney Opinion No. 93-8)
2.26.010 Members. Appointment.
The Animal Control Commission of the City shall consist of nine members who shall
serve at the pleasure of the Mayor and Common Council. Members shall be appointed
and serve pursuant to the provisions of Chapter 2.17. (Ord. MC-1086, 9-18-00; Ord. MC-
277,6-6-83; Ord. 381491 (part), 1979.)
2.26.020 Duties.
The Animal Control Commission shall;
A. Review all City ordinances and procedures relating to animals and animal control, and
make recommendations to the Mayor and Common Council regarding amendment or
revision or ordinances or procedures, or the adoption of any new program relating to
animals.
B. Maintain liaison with organizations in the San Bernardino community having an
interest in matters relating to animals, and cooperate with and assist such organizations
whenever consistent with the objectives and policies of the City.
C. Conduct public hearings on matters assigned to the Animal Control Commission
under the provisions of the San Bernardino Municipal Code. (Ord. MC-1086, 9-18-00; Ord.
MC-277, 6-6-83; Ord. 3814 91 (part), 1979 )
Chapter 2.27
21
COMMISSION FOR DISABLED PERSONS
(REPEALED BY MC-1190)
Chapter 2.28
BOARD OF WATER COMMISSIONERS6
Sections:
2.28.010 Approval of rules and regulations.
2.28.020 Violation-Penalty.
6 For charter provisions on the Board of Water Commissioners, see Charter Art. IX.
2.28.030 Service outside City limits.
2.28.040 Water rates approval by Council resolution.
2.28.010 Approval of rules and regulations.
Pursuant to the Charter of the City, the Rules and Regulations of the Board of Water
Commissioners of the City and each amendment thereto, copies of which Rules and
Regulations are on file in the office of the City Clerk, including all amendments filed on or
before April 30, 1982, are approved for enforcement purposes. (Ord. MC-175, 6-28-82;
Ord. MC-15. 1980; Ord. 3732 ~1, 1978; Ord. 3708. 1978; Ord. 3688.1977; Ord. 3665,1977;
Ord.3556.1976: Ord. 1872 ~1. 1949.)
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 or corporation violating any such rule or regulation is
guilty of an infraction, which upon conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code. (Ord. MC-460. 5-13-85; Ord.1972 ~2. 1949.)
2.28.030 Service outside City limits.
Water and sewer service outside the corporate limits of the City of San Bernardino 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 Common Council.
(Ord. MC-106. 1981.)
2.28.040 Water rates approval by Council resolution.
Water rates and charges established by the Board of Water Commissioners pursuant to
Charter Section 163 may be approved by resolution of the Mayor and Common Council.
Failure of the Mayor and Common 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. 6-28-
82.) (City Attorney Opinion No. 93-8)
Chapter 2.30
FINE ARTS COMMISSION
Sections:
2.30.010 Members - Appointment.
2.30.020 Duties.
2.30.030 Chairman - Meetings - Absences.
2.30.040 Conflict of interest.
2.30.010 Members - Appointment.
22
The Fine Arts Commission of the City shall consist of nine (9) members who shall serve
at the pleasure of the Mayor and Common Council and one non-voting Ex-Officio
Member who shall be a member of the Mayor's staff. Members of the Commission 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 the arts,
recognized dedication to cultural affairs, or a deep interest in the arts and culture of the
City. Each Councilmember shall nominate one (1) member who shall serve during and
for the term of the nominating Councilmember. The Mayor shall nominate two (2)
members who shall serve during and for the term of the Mayor. The Mayor shall also
appoint two (2) alternate members. The terms shall commence and terminate at the
same time as, and shall coincide with, the term of the nominating Councilmember or
Mayor, provided that when a vacancy shall occur in the office of a Councilmember or the
Mayor, the applicable term of the member of the Commission shall continue until a
successor has been nominated by the Councilmember or Mayor elected or appointed to
fill such a vacancy and appointed by the Mayor. Each member of the Commission, after
having been nominated, shall be appointed by the Mayor, subject to the approval of the
Common Council. Each member shall be and remain a local elector and each member
nominated by a Councilmember shall be and remain a resident of the ward of such
Council member during the period of his or her appointment. Subsequent vacancies shall
be filled and appointments shall be made in the manner hereinbefore set forth. Each
member shall serve without compensation. The alternate members may attend each
meeting of the Commission and may participate in all discussion, but may only vote in
the absence of one of the nine regular Commission members. Nomination and
appointment of a successor member at any time shall terminate the appointment of any
member without need for a formal removal action. Members shall be appointed on the
basis of demonstrated knowledge and experience in the arts, recognized dedication to
cultural affairs, or a deep interest in the arts and culture of the City. (Ord. MC-1014, 1-12-
98; Ord. MC-801, 7-15-91.)
2.30.020 Duties.
The Fine Arts Commission shall:
A. Make recommendations to the Mayor and Common Council for the development and
promotion of fine arts in San Bernardino.
B. Work with publiC and private cultural organizations to promote the efficient utilization
of community art resources and to enlarge the opportunities for the diverse City
population to participate in and enjoy culturally rewarding experiences.
C. Develop a master plan for fine arts objectives and development in San Bernardino.
D. Review the financial needs of fine arts organizations in San Bernardino and
recommend specific grants within the City budget allocation for approval by the Mayor
and Common Council to achieve overall cultural objectives.
E. Accomplish specific projects related to fine arts as determined by the Mayor and
Common Council. (Ord. MC-309, 10-10-83.) (City Attorney Opinion No. 93-8)
2.30.030 Chairman - Meetings - Absences.
23
The Fine Arts Commission shall be organized and shall function pursuant to the
provisions of Section 2.17.060 and Section 2.17.070 of the San Bernardino Municipal
Code. (Ord. MC-309, 10-10-83.)
2.30.040 Conflict of interest.
The Mayor and Common Council declare that the individuals appointed to the Fine Arts
Commission are intended to represent and further the interests of all organizations and
professions in the fine arts and that such representation and furtherance serves the
public interest. Accordingly. the Mayor and Common Council find that for the purposes of
members of the Fine Arts Commission. the organizations and professions in the fields of
fine arts are tantamount to and constitute the public generally within the meaning of
Section 87103 of the Government Code. (Ord. MC-309, 10-10-83.)
Chapter 2.31
RELOCATION APPEALS BOARD
Sections:
2.31.010 Creation.
2.31.020 Reimbursement of expenses.
2.31.030 Duties.
2.31.040 Meetings.
2.31.010 Creation.
Pursuant to Health and Safety Code Section 33417.5 there is created the Relocation
Appeals Board of the City, which shall be known as the Relocation Appeals Board. The
board shall consist of five members who shall serve at the pleasure of the Mayor and
Common Council. Members of the board shall be appointed by the Mayor, subject to
approval by the Common Council. (Ord. 3875 91 (part), 1979.)
2.31.020 Reimbursement of expenses.
Each member shall serve without compensation. except for reimbursement of expenses
incurred in the performance of official duties. (Ord. 3875 91 (part), 1979)
2.31.030 Duties.
The board shall hear all complaints brought by residents of redevelopment project areas
relating to relocation, and determine whether the Redevelopment Agency has complied
with the provisions of applicable state and federal law and regulations. After a public
hearing, the board shall transmit its findings and recommendations to the
Redevelopment Agency. (Ord. 387592, 1979.) (City Attorney Opinion No 93-8)
2.31.040 Meetings.
A. The Relocation Appeals Board shall meet not less than once a year in the Council
Chambers, City Hall, San Bernardino, California, for organizational purposes. and shall
adopt, by majority vote, such rules as it shall deem expedient for the conduct of its
business. Other meetings shall be called, as required, to hear complaints.
B. Each meeting of the board shall be open to the public and shall be governed by the
provisions of the Ralph M. Brown Act, Government Code Section 54950.5 et seq. of the
state (Ord. 387593,1979.)
24
Chapter 2.32
BOARD OF FIRE COMMISSIONERS
Sections:
2.32.010 Members. Appointment.
2.32.020 Definitions.
2.32.030 Powers.
2.32.010 Members. Appointment.
A Board of Fire Commissioners of the City, to be known as the Fire Commission, shall
consist of nine members who shall serve at the pleasure of the Mayor and Common
Council, six of whom shall be persons with substantial experience in fire control
administration, fire insurance, or fire control enforcement. Members shall be appointed
and serve pursuant to the provisions of Chapter 2.17. (Ord. MC-277, 6-6-83: Ord. 2369 g1,
1961 )
2.32.020 Definitions.
For the purpose of this chapter, the term "members" means the members of the Fire
Commission of the City; "Council" means the Mayor and Common Council; "Chief
means Fire Chief of the City; and "rules" means the rules and regulations of the Fire
Commission. (Ord. MC-277, 6-6-83; Ord. 2369 g2, 1961.)
2.32.030 Powers.
The commission shall have power to:
A. Prescribe such rules and regulations as they deem necessary or expedient for the
administration of their duties, subject to approval by the Council, and shall adopt as a
part of said rules the present rules and regulations of the Fire Department, which may be
amended from time to time;
B. Investigate and examine or inquire into the affairs or operation of any division or
department of the Fire Department and make such recommendations to the Chief as the
commission may seem desirable:
C. Keep informed as to the latest practices in the field of fire control and administration
and recommend to the Chief such new practices as appear to be of benefit to the Fire
Department and to the public:
D. Assist the Chief upon his request in matters pertaining to appointments and
promotions in the Fire Department:
E. Conduct public hearings on matters assigned to the Fire Commission under
provisions of the San Bernardino Municipal Code, and as may be requested by the
Council;
F. Appear before and address the Council at any meeting. (Ord. MC-277, 6-6-83; Ord. MC-
127, 1982: Ord. 3128, 1970; Ord. 2369 g3. 1970.) (City Attorney Opinion No. 93-8)
Chapter 2.34
BOARD OF POLICE COMMISSIONERS
25
Sections:
2.34.010 Members - Appointment.
2.34.020 Definitions.
2.34.030 Powers.
2.34.040 Notification of civil disaster or disorder.
2.34.010 Members - Appointment.
A Board of Police Commissioners of the City. to be known as the Police Commission.
shall consist of nine members who shall serve at the pleasure of the Mayor and
Common Council. Members of the commission shall be appointed and serve pursuant to
the provisions of Chapter 2.17. (Ord. MC-277, 6-6-83; Ord. 237091. 1961.)
2.34.020 Definitions.
For the purpose of this chapter, the term "members" means the members of the Police
Commission; "Council" means the Mayor and Common Council; "Chief' means Chief of
Police of the City; and "rules" refers to the rules and regulations of the Police
Commission. (Ord. MC-277. 6-6-83; Ord. 2370 92,1961.)
2.34.030 Powers. The board shall have power to:
A. Prescribe such rules and regulations as it deems necessary or expedient for the
administration of its duties. subject to approval by the Council. and to adopt as a part of
said rules the present rules and regulations of the Police Department. which may be
amended from time to time;
B. Investigate and examine or inquire into the affairs or operation of any division or
section of the Police Department and make such recommendations to the Chief or
Council as may seem desirable;
C. Keep informed as to the latest practices in the field of law enforcement and
recommend to the Chief or Council such practices as may appear to be beneficial to the
Police Department and to the public;
D. Assist the Chief. upon his request. in matters pertaining to appointments and
promotions in the Police Department;
E. Upon request of the Chief or Council. review and hear such matters as the Chief may
submit for consideration and recommendation;
F. Appear before and address the Council at any meeting;
G. (Repealed by MC-943, 6-5-95)
H. Conduct hearings on matters assigned to the Police Commission under provisions of
the San Bernardino Municipal Code. (Ord. MC-552, 11-3-86; Ord. MC-277, 6-6-83; Ord. MC-
127, 1982; Ord. 3225, 1972; Ord. 237093.1961.) (City Attorney Opinion No. 93-8)
2.34.040 Notification of civil disaster or disorder.
The Police Department, in its discretion. shall notify the commission as soon as possible
of the occurrence of any civil disaster or disorder which the Chief determines to be likely
26
to attract public comment or inquiry. (Ord. MC-277, 6-6-83; Ord. MC-160, 5-3-82; Ord 3345,
1973; Ord. 2370 94.1961.)
Chapter 2.36
PEACE OFFICER STANDARDS AND TRAINING7
Sections:
2.36.010 Intent to qualify.
2.36.020 Adherence to standards.
2.36.030 Inquiries by the Commission.
2.36.010 Intent to qualify.
The City declares that it desires to qualify to receive aid from the state under the
provisions of Chapter 1 otTitle 4, part 4 of the California Penal Code.(Ord. 240091, 1961.)
2.36.020 Adherence to Standards.
Pursuant to Sections 13522,13525 and 1351 O(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 California Commission on Peace Officer
Standards and Training. (Ord. MC-661, 6-5-89; Ord. MC-2400 92, 1961.)
2.36.030 Inquiries by the Commission.
7 F or statutory provisions on peace officer standards and training and funds therefor, see
Penal Code 913520 et seq. Pursuant to Section 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, 6-5-89.)
Chapter 2.38
POLICE RESERVE
Sections:
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 Workmen's 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 police department of the
27
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 may appoint as members thereof any persons whom
he deems to be qualified and he may reject any application for membership. He shall
provide for the training of ,fT1embers jn. all fields of police .activity .and for that purpose may .... Deleted: candidates for membership
assign such members to various police duties. (Ord.2828 !i2, 1967.) . - . 1 Deleted: and for the further training
l of members
City to assist regular police officers in law enforcement and the maintenance of peace
and order .(Ord 2828!i 1,1967)
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 is able to meet all
requirements prescribed by the chief. When so qualified and selected, he shall be sworn
in by the Chief, or by the Chiefs representative, as a member of the reserves.
(Ord. 2828 !i3, 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 may change such orders
from time to time. (Ord. 2828 !i4. 1967.)
2.38.050 Workmen's Compensation benefits.
The members of the San Bernardino police reserve shall receive Workmen's
Compensation benefits as provided by law. For purposes of the Workmen's
Compensation Law, members of the police reserve shall be deemed to be employees of
the City. (Ord. 2828 !i5, 1967.)
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 upon termination of
his membership. (Ord. 2828 !i6, 1967.)
2.38.070 Removal from membership.
The membership of any person in the reserves may be terminated by the Chief at his
pleasure. (Ord. 282897, 1967.)
2.38.080 Firearms and police baton.
No member of the reserves shall carry any firearms unless or until he has been
authorized to do so by the Chief. All members of the reserves are authorized to carry the
regulation police baton. (Ord. 2828 !i8, 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 !i9, 1967.)
28
Deleted: dunng the temporary i
congregatIOn of large numbers of I
persons under conditions which make I
I
it impractical to furnish adequate i
polIce prot~lon solely by means of I
regular police officers. }
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.
2828910,1967.)
2.38.110 Civil defense and disaster.
Members of the reserves shall also enroll as volunteers of the civil defense and disaster
organization of the City. (Ord. 2828911, 1967.)
2.38.120 Impersonation prohibited.
It is unlawful and an infraction, punishable in accordance with Section 1.12.010 of this
Code, for any person, not a member of the reserves:
A. To wear, carry, or display a reserve identification card, badge, cap piece, or insignia;
B. In any manner to represent himself or herself to be connected with the reserves.
(Ord. MC-460, 5-13-85; Ord. 282891,1967.)
Chapter 2.39
HUMAN RELATIONS COMMISSION
Sections:
2.39.010 Findings
2.39.020 Purpose and intent.
2.39.030 Scope.
2.39.040 Definitions.
2.39.050 Human Relations Commission Established.
2.39.060 Powers and Duties.
2.39.070 Cooperation with other Communities and Agencies
2.39.080 Complaint Resolution Process.
2.39.090 Individual Remedies.
2.39.100 Meetings
2.39.110 Severability.
2.39.010 Findings.
The population of the City of San Bernardino is composed of people of various racial,
religious and ethnic groups. In this City, the practice of discrimination based on race,
sex, age, color, ethnicity, religion, national origin, ancestry, physical disability, marital
status, political affiliation and/or beliefs and any other category protected by law and the
exploitation of prejudice related thereto adversely affects members of the above groups.
Such discriminatory practices are inimical to the public welfare and good order in that
they:
(a) Impede social and economic progress for the entire citizenry by preventing members
of the above groups from achieving full development of their individual potentialities and
from contributing fully to the cultural and business life of the community;
(b) Constantly frustrate, degrade and embitter members of the above groups, thereby
diminishing their initiative and interest in the community; and,
29
(c) Tend to create intergroup hostilities and anti-social behavior. The products of
discrimination accumulate continuously with the result that the social, economic and
educational gaps between those suffering discrimination and the rest of the community
constantly widen. As a result, mere prohibition of present and future discrimination, while
essential, will not reduce the inequalities and disadvantages which a history of
discrimination has produced. Accordingly, remedial action must be initiated, encouraged,
and coordinated, particularly educational programs to bring groups together to close
gaps. Experiences of other urban centers throughout the nation have proven the need
for the effectiveness of commissions empowered to study community, race and human
relations problems, to work with interested citizens to develop programs to ameliorate
tensions and reduce cultural, social, and economic disadvantages and to encourage and
coordinate implementation of such programs consistent with the needs and rights of
members of all groups in the community. (Ord. MC-887, 1993; Ord MC-886, 1993)
2.39.020 Purpose and Intent.
It is the purpose and intent of this Chapter to create a Human Relations Commission for
the City of San Bernardino which shall consult with and advise the Mayor and Common
Council on issues involving the rights of citizens of, and visitors to, the City of San
Bernardino to equal economic, political and educational opportunity, and to equal
accommodations in all business establishments in the City. The Commission shall strive
to give effect to such rights to eliminate prejudice and discrimination because of race,
sex, age, color, ethnicity, religion, national origin, ancestry, physical disability, marital
status, political affiliation and/or beliefs and any other category protected by law and
shall advise the Mayor and Common Council on methods to inform the inhabitants of the
City of San Bernardino of developments in human relations. The Commission may
recommend use of mediation and/or conciliation processes to attempt to eliminate
alleged unfair or unlawful discriminatory practices as defined herein. The Commission
shall not duplicate the duties or responsibilities of the Equal Employment Opportunity
Committee of the City, and for that reason shall not hear complaints of discrimination
involving City employees, in their capacity as employees. (Ord. MC- 887, 1993; Ord. MC-
886. 1993)
2.39.030 Scope..
This Chapter applies to all discriminatory practices and to resulting intergroup tensions
specifically covered by the provisions of this Chapter occurring within the territorial limits
of the City of San Bernardino, and, to the extent permitted by law, to activities outside
the City which reasonably affect such practices and tensions within said territorial limits.
Nothing in this Chapter, however, shall be interpreted or applied so as to create any
power or duty in conflict with the preemptive effect of any federal or state law, City
Ordinances, or City Resolutions. Nor shall anything in this Chapter be implemented in a
way that overlaps already existing federal or state programs; rather, federal or state
programs shall be utilized or supplemented when necessary, appropriate and feasible to
give effect to this Chapter. (Ord MC-88? 1993; Ord. MC-886, 1993)
2.39.040 Definitions.
As used in this Chapter;
(a) "Commission" is the Human Relations Commission.
(b) "Conciliation" is a voluntary process in which a neutral third party serves as an
intermediary between the conflicting parties. The parties mayor may not meet directly.
30
(c) "Discrimination" is the unlawful treatment of or distinction against a person based on
the group, class or category to which that person belongs rather than on individual merit.
Those classes or groups protected by this Chapter are those defined in federal or state
law.
(d) "Mediation" is a voluntary dispute resolution process in which the parties in conflict
meet with a neutral third party in an attempt to resolve the conflict or dispute in a manner
that is satisfactory to the parties in conflict.
(e) "Reasonable cause" is a threshold standard for the Commission to initiate a
conciliation or mediation process. The standard is met when the examination of the
alleged unfair or unlawful practice produces sufficient credible evidence that would
cause a reasonable person of ordinary care and prudence to conclude that the unfair or
unlawful practice occurred.
(f) "Unfair" shall mean not fair or not conforming to fundamental notions of justice,
honesty, ethics, or the like.
(g) "Unlawful practice" shall mean any policy or practice which constitutes illegal
discrimination as defined in federal, state or local laws. (Ord. MC-887, 1993; Ord. MC-88G,
1993)
2.39.050 Human Relations Commission Established.
(a) There is hereby created a Human Relations Commission consisting of nine (9) voting
members who shall serve without compensation. In addition to the nine (9) voting
members, the Mayor shall appoint one (1) additional member who shall be a non-voting
youth representative. Members of the Commission shall serve pursuant to the provisions
of Chapter 2.17 and all members of the Commission shall be residents of the City of San
Bernardino. All prospective members shall have demonstrated an expertise in human
relations work and a commitment to fostering better human relations in the City of San
Bernardino.
(b) The Mayor shall appoint two (2) members, plus one (1) non-voting youth
representative. The youth representative shall not be considered in determining a
quorum of the Commission nor in determining majority vote. Each Councilperson shall
appoint one (1) member who need not be a resident of the Ward. Each appointment
shall be confirmed by the Common Council. The terms shall be concurrent with the
appointing powers, subject to the replacement provisions contained in Section 2.17.030.
(c) The Commissioners shall elect a Chair from among the voting members. The Chair
shall serve at the pleasure of the members, but for no longer than two (2) years.
(d) The Commissioners may be removed for cause by a vote of a majority of the
members of the Common Council.
(e) Subject to its unfettered legislative discretion, the Common Council will use good
faith efforts to ensure that:
(I) Sufficient funds and necessary staff are provided to assist the Commission in carrying
out its duties and responsibilities; and,
31
(2) The Commission reflects the cultural diversity of the community including ethnicity,
gender, age, disability and any other category protected by law. (Ord. MC-1014, 1-12-98;
Ord. MC-88?, 1993; Ord. MC-886, 1993)
2.39.060 Powers and Duties.
The Commission shall:
(a) Conduct programs designed to bring groups together to close gaps resulting from
past discriminatory practices and to address proactively current or ongoing intergroup
tensions.
(b) Mediate disagreements among individuals, groups and organizations which result
from discriminatory practices within the scope of this Chapter.
(c) Process complaints which cannot be resolved through mediation as provided in the
procedures in Section 2.39.080.
(d) Adopt, by majority vote of its members, by-laws governing the conduct of its
meetings and activities, the establishment of subcommittees, and such other rules as
may be necessary for the performance of its functions, provided that such by-laws shall
specify that a quorum shall at all times consist of a majority of its authorized membership
and that any amendments to the bylaws shall require an affirmative vote of a majority of
its authorized membership.
(e) Render a written report of its activities to the Mayor and Common Council not less
than once every six (6) months. Such report shall include;
(1) Case histories of conciliation or mediation settlements made under this Chapter, the
disclosure of which, in the judgment of the Commission, will further the objectives of this
Chapter.
(2) Recommendations to the Mayor and Common Council for development of policies
and procedures which will further the objectives of this Commission.
(3) Recommendations to the Mayor and Common Council of additional legislation
deemed by the Commission to be necessary to carry out the purposes of this Chapter.
(4) Recommendations of actions to be taken by the Mayor and Common Council for the
purposes of furthering of the objectives of this Commission.
(f) Maintain records and serve as the source of accurate and reliable data on practices,
activities, and other problems which are the subject of this Chapter.
(9) Meet not less than once a month.
(h) In addition to the other powers and duties set forth in this Chapter, the Commission
shall have the power and duty to:
32
(1) Prepare and disseminate educational and informational material relating to prejudice
and discrimination and recommend ways and means of eliminating such prejudice and
discrimination.
(2) Furnish cooperation, information, guidance and technical assistance to other public
agencies and private persons, organizations and institutions engaged in activities and
programs intended to eliminate prejudice and discrimination.
(3) Consult and maintain contact with other public agencies and representatives of
employers, labor unions, property/business owner's associations, professional
associations, national origin groups, community organizations concerned with interracial,
interreligious and intercultural understanding, social welfare organizations, and such
other private organizations and institutions as the Commission shall deem advisable to
further objectives of this Chapter.
(4) Advise and make written recommendations to the Mayor and Common Council
concerning the development and implementation of programs and practices for the
purpose of furthering the objectives of this Chapter. If necessary, the Commission and
an agency, board, or other officer which the Commission is assisting shall submit
timely reports of progress in establishing and implementing such programs and practices
as are from time to time requested by the Mayor or Common Council through the staff of
the Commission.
(5) Examine, and, with the assent of the concerned parties, conciliate or mediate all
incidents of discrimination within the scope of this Chapter to the extent such functions
are not within the responsibilities of the Department of Fair Employment and Housing
or any federal, county, state, city, or other established agency, and make specific and
detailed recommendations to the interested parties as to the method of eliminating such
discrimination.
(6) Prepare, encourage and coordinate programs based on established laws,
regulations, policies, or goals to eliminate or reduce existing inequalities and
disadvantages in the community resulting from past discriminatory practices.
(7) Hold public hearings on community-wide problems which may result in discrimination
because of race, sex, age, color, ethnicity, religion, national origin, ancestry, physical
disability, marital status, political affiliation and/or beliefs, or any category protected by
law. Where necessary testimony can be taken under oath, however, such hearings shall
be conducted informally and shall not be bound by the formal rules of evidence, and
such hearings shall be taped.
(8) Request through the City Administrator or Department Heads information, services,
facilities or any other assistance for the purpose of furthering the objectives of this
Chapter.
(9) Appoint subcommittees as may be required to address specific human relations
problems. Such subcommittees shall be composed of persons who are members of the
Commission.
33
(10) Support and participate in activities which bring together various factions and view
points on emerging issues in a way that will help the community to resolve the issues
which arise with change.
(11) Maintain close liaison with the Police Department, through the Police Chief or
his/her representative, and promote understanding and cooperation between the Police
Department and residents of the community.
(12) Cooperate with the Police Department in assuring that cultural diversity training is
provided for all police personnel.
(13) Encourage and assist representatives of the local law enforcement agencies, the
judicial system and other interested community groups in developing and maintaining
harmonious relationships between the law enforcement agencies and the residents of
the City.
(14) The Commission shall neither be considered in theory nor function as a police
review board. (Ord. MC-88?, 1993; MC-88G, 1993)
2.39.070 Cooperation with Other Communities and Agencies.
The Commission shall consult with and maintain contact with human relations agencies,
both public and private, and shall cooperate in the development and implementation or
inter- and intra-community relations programs to further the objectives of this Chapter.
(Ord. MC-88?, 1993; Ord. MC-88G, 1993)
2.39.080 Complaint Resolution Process.
(a) Upon the filing with the Commission of a complaint by any individual or entity alleging
that an unfair or unlawful practice of discrimination has occurred, the staff, following
consultation with the Commission Chair, and written consent by all parties, shall
undertake an examination of the complaint. If, upon such examination, it is found that the
individual or entity charged in the complaint has not or is not engaged in any unfair or
unlawful practice, such finding shall be set forth in writing and shall be filed with the
Commission, and the complaint shall be dismissed. It shall be the responsibility of the
Commission to notify, in writing, all parties to the complaint of such dismissal. If, upon
such examination, it is found that reasonable cause exists for the allegations made in the
complaint, the Chair of the Commission, pursuant to regulations duly adopted by the
Commission, shall designate one or more of the Commissioners to endeavor to
eliminate the alleged unfair or unlawful practice charged in the complaint by means of
conciliation or mediation. The Commission may make specific recommendations to the
parties. Such recommendations shall not constitute a decision, finding of fact, judgment
or order of the Commission, nor be binding upon or admissible in any court in any
subsequent proceedings brought under subsection (e) of this section to the extent
allowed by law.
(b) All evidence and information given to or obtained by the Commission in any
proceedings under the provisions of this Chapter are subject to the California Public
Records Act. (Government Code 96450, et seq.).
(c) A party to this process retains all legal or constitutional privileges and defenses to the
extent allowed by law.
34
(d) If the party committing an alleged unfair or unlawful practice complies with the
recommendations of the Commission, the matter shall be deemed settled and
terminated, and no other proceedings shall be had or taken by the Commission.
(e) If the Commission is unable to resolve an alleged unfair or unlawful practice, it may
refer the aggrieved person or matter in dispute to the appropriate prosecutorial or
regulatory entity for appropriate legal action to resolve such alleged unfair or unlawful
practice. The Commission shall, at the time of referring this matter, transmit to the
appropriate prosecutorial or regulatory entity a copy of its findings and recommendations
in the case. The appropriate prosecutorial or regulatory entity, in its discretion, may
proceed to secure from an appropriate court an order enjoining the defendant(s) from
continuing or repeating such practice or any other order authorized or provided by law. If
the Commission, prior to commencement of the court proceedings, as a result of its
effort finds that the alleged violator no longer engages in the alleged unlawful practice
described in the findings and complies with the recommendations of the Commission, it
shall advise the appropriate agency.
(f) In order for a complaint to be considered by the Commission, the unfair or unlawful
practice of discrimination complained of must have occurred within one (I) year
immediately preceding the filing of the complaint. (Ord. MC-SS?, 1993; Ord. MC-SS6, 1993)
2.39.090 Individual Remedies.
Nothing in this Chapter or the provisions thereof shall be construed as granting or
denying to an aggrieved individual or entity an additional right to pursue a civil action
against any person, firm, partnership, association, corporation or agency, or any action
allowed under state or federal law. (Ord. MC-SS?, 1993; Ord. MC-SS6, 1993)
2.39.100 Meetings.
(a) All meetings of the Commission shall be held consistent with the Ralph M. Brown
Act. (Government Code ~54950, et seq.).
(b) A Commissioner who misses three (3) consecutive meetings or one-third of all the
regularly scheduled meetings within the City's fiscal year without good cause shall be
automatically removed from Commission.
(c) A quorum shall consist of a majority of the authorized voting membership of the
Commission.
(d) When there are nine (9) or fewer voting Commission members in attendance, but at
least a quorum, five (5) votes shall be required for official action. (Ord. MC-SS?, 1993; Ord.
MC-SS6, 1993)
2.39,110 Severability.
If any part or provision of this Chapter or the application thereof to any person or
circumstance is held invalid, the remainder of this Chapter, including the application of
such part or provision to other persons or circumstances, shall not be affected thereby
and shall continue in full force and effect. To this end, the provisions of this Chapter are
severable. (Ord. Me-SS?, 1993; Ord. MC-SS6, 1993)
35
Chapter 2.40
COMMUNITY DEVELOPMENT COMMISSIONs
Sections:
2.40.010 Need for Commission.
2.40.020 Common Council as Commission.
2.40.030 Commission Powers.
2.40.040 Administration.
2.40.050 Powers of Mayor.
2.40.060 Bonds.
2.40.070 Deferral of fees.
2.40.010 Need for Commission.
This ordinance is enacted pursuant to California Health & Safety Code Part 1.7 Sections
34100 et seq., the home rule and charter powers of the City of San Bernardino (City),
including Charter Section 40, and the California State Constitution. It is hereby declared
that there is a need for a Community Development Commission of the City of San
Bernardino (Commission) to function with respect to the Redevelopment Agency of the
City of San Bernardino (Agency) and community development activities in the City. The
operational designation of the two public bodies, to wit: the Commission and Agency,
shall be the Redevelopment Agency of the City of San Bernardino. (Ord. MC-105, 1981.)
2.40.020 Common Council as Commission.
It is further declared that the Common Council shall be the Community Development
Commission of the City of San Bernardino. (Ord. MC-105, 1981.)
2.40.030 Commission Powers.
8 For the Community Redevelopment Law, see Health and Safety code 933000 et seq.
All powers, responsibilities, authority, functions and jurisdiction relating to community
development as currently vested in and performed by the Community Development
Division of the office of the Mayor are delegated to the Community Development
Commission of the City of San Bernardino, subject to any conditions which may be
imposed by the Mayor and Common Council by resolution, provided that the Mayor and
Common Council at any time may by resolution terminate, modify, or expand such
powers, responsibilities, authority, functions and jurisdiction. (Ord. MC-105, 1981.)
2.40.040 Administration.
Additional powers and the power and authority to administer and manage the operations
and activities of the Commission and the Agency through an executive director may from
time to time be established, delegated, modified, or repealed by resolutions adopted by
the Mayor and Common Council. (Ord. MC-105, 1981.)
2.40.050 Powers of Mayor.
The Commission in the procedures for adoption of orders and resolutions and in the
conduct of its meetings shall exercise its powers in conjunction with the powers of the
Mayor in accordance with the intent of the provisions of Charter Sections 31, 34 and 36,
San Bernardino Municipal Code Chapter 1.08, Commen Council Rules adopted
pursuant thereto, and administrative interpretations and practices thereunder. The Mayor
shall be the Chairman of the meetings of the Commission. The Mayor shall have the
same power and authority in the conduct of the affairs of the Commission and Agency
that the Mayor has in the conduct of the affairs of the City in accordance with Charter
36
Sections 50, 52 and 256. (Ord. MC-1030, 9-21-98; Ord. MC-105, 1981.)(City Attorney Opinion
No 93-19: City Attorney Opinion No. 92-8; City Attorney Opinion No. 88-20)
2.40.060 Bonds.
The enactment of this Chapter is not intended to and shall not affect outstanding or
future bonds issued or to be issued by the Agency or the City of San Bernardino. Future
bonds shall be issued in the name of the Agency rather than the name of the
Commission as a public body. (Ord. MC-105, 1981.)
2.40.070 Deferral of fees.
At the request of the Community Development Commission, the City may defer its
various building permit and inspection fees, park development and recreation fund fees,
planned local drainage facilities fund fees, subdivision improvement plan checking fees,
grading improvement plan checking fees, public works construction fees, grading permit
fees, preliminary and final map filing fees, electrical energy fees, and other fees and
charges by the Development Services Department and various other City departments,
except the sewer capacity fee specified by Section 13.08.050 Subsection B. In the event
the Mayor and Common Council approve such a deferral, the Redevelopment Agency
shall issue its promissory note payable to the City for the amount of all such fees
deferred, specifying in such note the time or times at which each of such deferred fees
shall be paid by the Redevelopment Agency to the City. Notwithstanding any other
provision of the San Bernardino Municipal Code, any City official shall accept the
promissory note of the Redevelopment Agency in lieu of cash payment for such fees, as
to any development for which deferral of fees has been approved by the Mayor and
Common Council. (Ord. MC-351, 3-5-84.)
Chapter 2.41
MAIN STREET ADVISORY BOARD
(REPEALED BY MC-1190)
Chapter 2.42
COMMUNITY TELEVISION COMMISSION
Sections:
2.42.010 Members - Appointment.
2.42.020 Responsibilities.
2.42.030 Industry Liaisons - Nonvoting.
2.42.010 Members - Appointment.
The Community Television Commission shall consist of nine members who shall serve
at the pleasure of the Mayor and Common Council, and who shall be and shall remain
users of cable television service within the City. The Mayor and Common Council
declare that the individuals appointed to the Commission are intended to represent and
further the interests of the consumers and to assist the providers of cable television
services in furthering and serving the public interest. Members of the Commission shall
be appointed and serve pursuant to the provisions of Chapter 2.17. (Ord. MC-545, 10-6-
86; Ord. MC-354, 3-5-84; Ord. MC-277, 6-6-83; Ord. MC-154, 4-19-82.)
2.42.020 Responsibilities.
The commission shall:
37
A. Prescribe such rules and regulations as it deems necessary or expedient for the
administration of its duties, including a procedure for complaint resolution, subject to
approval by the Mayor and Common Council.
B. Review all City franchises, ordinances, resolutions, and procedures relating to cable
television service, and make recommendations to the Mayor and Common Council
regarding amendment or revision of ordinances or procedures or the adoption of any
new rules or regulations relating to services provided by cable television companies.
C. Review and make recommendations to the Mayor and Common Council on
requested rate increases, establish criteria for determining whether rate changes should
be recommended, and recommend changes designed to afford all users within the City
comparable service at comparable cost.
D. Investigate, hear and resolve complaints regarding community cable television
services and noncompliance with applicable ordinances and law.
E. Study developments in cable television technology to determine whether and when to
recommend that service to the San Bernardino community should be expanded or
improved.
F. Establish criteria for the solicitation and granting of additional franchises for providing
service within the City.
G. Recommend action to be taken by the Mayor and Common Council in regard to state
or federal administrative and legislative action, including but not limited to applications,
licensing, studies, and legislative enactments.
H. Upon request, maintain the confidentiality of business documents and information
which are not public records, and the same shall not become public records by reason of
disclosure to the Commission.
I. Notwithstanding Section 2.17.060 of the San Bernardino Municipal Code, the
Community Television Commission shall meet at least once a quarter in every calendar
year (at least once every three months). (Ord. MC-1190, 11-01-04; Ord. MC-277, 6-6-83;
Ord. MC-154, 4-19-82.) (City Attorney Opinion No. 93-8)
2.42.030 Industry Liaisons - Nonvoting.
Any representative affiliated with a cable television operator holding a valid franchise to
provide cable television services within the City shall be appointed by the Mayor and
Common Council to serve in a nonvoting capacity to provide liaison between the cable
television operators and the Commission. Said representatives shall not attend
executive sessions of the Commission except in compliance with the Ralph M. Brown
Act and upon an affirmative vote of a majority of the voting members in attendance at
Commission meetings. (Ord MC-545. 10-6-86.)
Chapter 2.43
BUREAU OF FRANCHISES
Sections:
2.43.010 Members - Appointment.
38
2.43.020 Powers - Authority to adopt rules.
2.43.010 Members - Appointment.
The Bureau of Franchises of the City shall consist of nine members who shall serve at
the pleasure of the Mayor and Common Council. Members shall be appointed and serve
pursuant to the provisions of Chapter 2.17. (Ord. MC-277, 6-6-83.)
2.43.020 Powers - Authority to adopt rules.
The bureau shall have the power to promulgate rules and regulations as may be
necessary for the service and safety of the operation of the motor vehicles regulated
under the provisions of Chapter 5.76, and shall have, subject to the approval of the
Common Council, power and authority to adopt such rules and regulations as are
consistent with the provisions of Chapter 5.76. (Ord. MC-l77, 6-6-83.)
Chapter 2.44
CEMETERY COMMISSION
(REPEALED BY MC-1190)
Chapter 2.45
BOARD OF BUILDING COMMISSIONERS
Sections:
2.45.010 Members - Appointment.
2.45.020 Duties.
2.45.010 Members - Appointment.
The Board of Building Commissioners shall consist of nine members who shall serve at
the pleasure of the Mayor and Common Council. Members shall be appointed and serve
pursuant to the provisions of Chapter 2.17. (Ord. MC-277, 6-6-83.)
2.45.020 Duties.
The board shall have such duties as are delegated to it by the Uniform Building Code, as
adopted by the City, and any amendments thereto, and such other duties as are
prescribed in Chapters 8.27, 8.30, 8.33 and 15.28 of the San Bernardino Municipal
Code, or any other section of the San Bernardino Municipal Code assigning duties to
such board. (Ord. MC-277, 6-6-83.)
Chapter 2.46
DISASTER COUNCIL.
Sections:
2.46.010 Purposes.
9 For statutory provisions authorizing the creation oflocal disaster councils, see Gov.
Code 98610 et seq.
2.46.020 Definition.
2.46.030 Membership.
2.46.040 Powers and duties.
2.46.050 Executive Director, Director and Assistant Director of
Emergency Services.
2.46.060 Powers and duties of Chairman/Executive Director.
39
2.46.070 Emergency organization.
2.46.080 Structure, duties and functions of the emergency.
2.46.090 Expenditures.
2.46.100 Punishment of violations.
2.46.110 Emergency costs.
2.46.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out
of plans for the protection of persons and property within this City in the event of an
emergency; the direction of the emergency organization; and the coordination of the
emergency functions of this City with all other public agencies, corporations,
organizations and affected private persons. (Ord. 3180 ~1, 1971.)
2.46.020 Definition.
As used in this chapter, "emergency" means the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within this
City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from terrorist activities or
imminent threat of terrorist activities, or 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 this City,
requiring the combined forces of other political subdivsions to combat. (Ord. MC-1142, 4-
21-03; Ord. MC-1140, 04-07-03; Ord. 3180 ~2, 1971.)
2.46.030 Membership.
Membership of the City Disaster Council, hereinafter called "San Bernardino Disaster
Council", which is hereby created, shall consist of the following;
A. The Mayor who shall be chairman;
B. The Mayor Pro-Tempore who shall be vice-chairman;
C. The City Attorney;
D. The Chief of Police;
E. The Director of Emergency Services;
F. The Assistant Director of Emergency Services;
G. The Disaster Management Coordinator;
H. Such chiefs of emergency services as are provided for in a current emergency plan of
the City, adopted pursuant to this chapter; I. Such representatives of civic, business,
labor, veterans, professional, or other organizations having an official emergency
responsibility, as may be appointed by the Mayor with the advice and consent of the
Common Council. (Ord. MC-1142, 4-21-03; Ord. MC-1140, 04-07-03; Ord. MC-747,10-5-91)
2.46.040 Powers and duties
It shall be the duty of the San Bernardino disaster council, and it is empowered, to
develop and recommend for adoption by the Common Council, emergency and mutual
40
aid plans and agreements and such ordinances and resolutions and rules and
regulations as are necessary to implement such plans and agreements. The disaster
council shall be advisory to, and make recommendations to, the Mayor, who shall have
the sole decision making authority. In the absence of the Mayor pursuant to San
Bernardino City Charter Section 36, the Mayor's decision making authority under this
Chapter shall be with the Mayor Pro-Tempore for the duration of such absence. If the
Mayor Pro Tempore as determined is likewise absent or otherwise unavailable to serve,
the next Council member by order of rotation shall serve as Mayor Pro Tempore for that
period of absence. The disaster counCil shall meet upon call of the chairman or, in
his/her absence from the City or inability to call such meeting, upon call of the vice-
chairman. (Ord. MC-1142, 4-21-03; Ord. MC-1140, 04-07-03; Ord. 318094,1971.) (People v.
Mckelvy (1972) 23 Cal.App.3d 1027, 1034-1035)
2.46.050 Executive Director, Director and Assistant Director of Emergency
Services.
A. There is hereby created the office of Executive Director of Emergency Services. The
Mayor shall be the Executive Director of Emergency Services.
B. There is hereby created the office of Director of Emergency Services. The City
Managershallb~ .th~ [)ir~c:tor ()f Emergency. ?~rvices, d U H U U . U d U U H _ { Deleted: Administrator
C. There is hereby created the office of Assistant Director of Emergency Services. The
Fire Chief shall be the Assistant Director of Emergency Services.
D. There is further created the office of Disaster Management Coordinator. The Disaster
Management Coordinator, who is approved by the Common Council, shall be the head
of this office. (Ord. MC-1142, 4-21-03; Ord. MC-1140, 04-07-03; Ord. MC-747,10-5-91.)
2.46.060 Powers and Duties of Chairman/Executive Director.
A. The Mayor as Chairman of the San Bernardino Disaster Council and Executive
Director of Emergency Services is empowered to:
1. Request the Common Council to proclaim the existence or threatened
existence of a local emergency if the Common Council is in session, or to issue
such proclamation if the Common Council is not in session; whenever a local
emergency is proclaimed by the Mayor, the Common 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 Mayor, the locally available resources are inadequate to cope with the
emergency;
3 Control and direct the effort of the emergency organization of this City for the
accomplishment of the purposes of this chapter;
4. Direct cooperation between and coordination of services and staff of the
emergency organization of this City; and resolve questions of authority and
responsibility that may arise between them;
41
5 Represent this City in all dealings with public or private agencies on matters
pertaining to emergencies as defined in Section 2.46.020;
6. In the event of the proclamation of a local emergency as provided in
subsection A 1 of this Section, the proclamation of a state of emergency by the
Governor or the Director of the State Office of Emergency Services, or the
existence of a state of war emergency, the Mayor is empowered to:
a. Make and issue rules and regulations on matters reasonably related to
the protection of life and property as affected by such emergency;
provided, however, such rules and regulations must be confirmed at the
earliest practicable time by the Common Council;
b. Obtain vital supplies, equipment, and such other properties found
lacking and needed for the protection of life and property and bind the
City for the fair value thereof and, if required immediately, commandeer
the same for public use;
c. Require emergency services of any City officer or employee and, in the
event of the proclamation of a state emergency in the county in which this
City is located or the existence of a state of war emergency, command
the aid of as many citizens of this community as he/she deems necessary
in the execution of his/her duties; such persons shall be entitled to
all privileges, benefits, and immunities as are provided by state law for
registered disaster service workers.
d. Requisition necessary personnel or material of any City Department or
agency; and
e. Execute all of his/her ordinary power as Mayor, all of the special
powers conferred upon him/her by this Chapter or by resolution or
emergency plan pursuant hereto adopted by the Common Council, all
powers conferred upon him/her by any statute, by an agreement
approved by the Common Council, and by any other lawful authority.
B. The Director and Assistant Director of Emergency Services shall, under the general
supervision of the Mayor and with the assistance of the various chiefs of emergency
services, develop emergency plans and manage the emergency programs of the City;
and shall have such other powers and duties as may be assigned by the Mayor to
include the duties described in paragraph A of this Section.
1. The Director of Emergency Services shall recommend to the Mayor the order
of succession to this office, to take effect in the event the Director is unavailable
to attend meetings and otherwise perform duties during an emergency. Upon
approval by the Mayor, such order of successiol1 for the Director shall be
approved by the Common Council.
2. The Assistant Director of Emergency Services shall have such powers and
duties as may be assigned by the Mayor.
42
3. The Disaster Management Coordinator shall, under the direct supervision of
the Assistant Director of Emergency Services, and the general supervision of the
Mayor, be responsible for routine disaster preparedness activities including
emergency management training for City personnel, coordination of emergency
planning, maintenance of emergency management equipment and facilities, and
public education in the area of disaster preparedness.
(Ord. MC-1142, 4-21-03; Ord. MC-1140, 04-07-03; Ord. MC-747, 10-5-91; Ord. MC-342,
2-20-84; Ord. 3180 96,1971.)
2.46.070 Emergency organization.
All officers and employees of this City, together with those volunteer forces enrolled to
aid them during an emergency, and all groups, organizations, and persons who may by
agreement or operation of law, including persons impressed into service under the
provisions of Section 2.46.060A6c, be charged with duties incident to the protection of
life and property in this City during such emergency, shall constitute the emergency
organization of the City. (Ord. 318097,1971.)
2.46.080 Structure, duties and functions of the emergency organization.
The structure, duties and function of the City emergency organization and the order of
emergency succession to the position of Mayor and Chairman of the San Bernardino
Disaster Council shall be adopted by resolution of the Common Council. (Ord 318098,
1971.)
2.46.090 Expenditures.
Any expenditures 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. 3180 99,1971.)
2.46.100 Punishment of violations,
It shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars, or
by imprisonment for not to exceed six months, or both, for any person, during an
emergency to;
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 by virtue of this Chapter;
B. Do any act forbidden under this Chapter or by any lawful rule or regulation
issued pursuant to this Chapter;
C. Willfully do any act during an emergency which is of such a nature as to give or be
likely to give assistance to the enemy or to imperil the lives or property of inhabitants of
this City, or to prevent, hinder, or delay the defense or protection thereof;
D. Wear, carry or display, without authority, any means of identification specified by the
emergency agency of the State. (Ord. MC-898, 3-21-94; Ord MC-869, 4-19-93; Ord. MC-868,
4-5-93; Ord. 3180 910,1971.)
2,46.110 Emergency Costs.
Whenever a local emergency is declared pursuant to this Chapter and/or pursuant to
Government Code Section 8630 et seq., all costs incurred by the City in response to
43
such emergency both before and after such declaration and after the expiration thereof.
shall be a charge against the party or parties responsible for the emergency. Such costs
shall include. but shall not be limited to. all police. fire and other emergency response
costs. all traffic control costs. all evacuation and relocation costs. all crowd control costs.
all clean-up costs. all investigation costs, all response costs of the City Attorney and
other legal counsel of the City. and all mutual aid costs. Such costs shall include both
regular time and overtime of City employees and City contract employees. Except where
the responsible party is a commercial enterprise pursuing its commercial operation, in no
event shall the costs imposed pursuant to this Section exceed one million dollars
($1,000,000.00.) The liability imposed pursuant to this Section constitutes a debt of the
responsible party and is collectible by the City in the same manner as in the case of an
obligation under contract, expressed or implied. (Ord. MC-674, 7-24-89)
2.46.120 Excessive Price Increases During State of Emergency.
A. Findings. As a result of recent earthquakes and civil disturbances, Southern California
communities have found that residents have sought to purchase emergency supplies,
food and other consumer goods necessary for their health and safety; and although no
general shortage of consumer goods has been evident, numerous residents have
reported cases of excessive price increases for consumer items such as gasoline and
food items many times above the prices in effect on or before the emergency. Though
price increases may be necessary where a merchant has incurred higher expenses, the
reported price increases clearly exceeded those that would have been reasonable and
just to recapture any increased operational expenses.
B. Legislative Intent. It is the intention of the Mayor and Common Council in adopting
this ordinance to protect citizens from excessive and unjustified increases in the prices
charged during any abnormal disruption of the marketplace for consumer goods and
services vital and necessary for the health, safety and welfare of consumers resulting
from emergency or major disaster for which a state of emergency for the City of San
Bernardino is proclaimed by the Mayor pursuant to Section 2.46.060 of the San
Bernardino Municipal Code or for which a local disaster or emergency is declared by the
President of the United States or the Governor of California.
C. Excessive Price Increases Prohibited. Upon proclamation of public emergency
involving or threatening the lives, property or welfare of the citizens, pursuant to Section
2.46.060 of the San Bernardino Municipal Code or for which a local disaster or
emergency is declared by the President of the United States or Governor of California
and for a period of thirty days from the date such declaration is terminated, it shall be
unlawful for any person, contractor, business or other entity to sell or offer to sell any
consumer food items. repair or reconstruction services, emergency or medical supplies
or gasoline for an amount which exceeds ten percent of the price charged by such
person, contractor, business or other entity for said goods or services immediately prior
to the proclamation of emergency, unless said person, business, contractor or other
entity can prove that an increase in price was directly attributable to additional costs
imposed on it by the supplier of the goods or for labor and materials used to provide the
service.
D Definitions For purposes of this section. the following definitions shall apply:
44
1. A consumer food item is any article which is used or intended for use for food,
drink, confection or condiment by humans or animals.
2. Repair or reconstruction service are those contractor services for repairs to
residential and commercial property of any type which are damaged as a result
of a disaster. Contractor services are services as defined by sections 7025,
7026, 7026.1 and 7026.3 of the California Business and Professions Code.
3. Emergency supplies shall include but are not limited to water, flashlights,
radios, batteries, candles, blankets, soaps, diapers, feminine hygiene products,
charcoal briquettes and chlorine bleach.
4. Medical supplies shall include but are not limited to prescription and
non-prescription drugs, bandages, gauzes, and isopropyl alcohol.
E. Violation.
1 Any person who shall be convicted of violating the provisions of this section
shall be guilty of a misdemeanor.
2. Any person believing that a violation of said section has been committed may
file a complaint with the City Attorney. (Ord. Me-897, 3-21-94)
Chapter 2.47
CENTRAL CITY ADVISORY BOARD
(REPEALED BY MC-1190)
Chapter 2.48
STATE EMPLOYEES' RETIREMENT SYSTEM,o
Sections:
10 For statutory provisions authorizing a City to contract with the Public Employees'
Retirement System, see Gov. Code 945345; for provisions on the public employees'
retirement system generally, see Gov. Code 920000 et seq.
2.48.010 Authorization of contract.
2.48.020 Authority of Mayor to execute contract.
2.48.010 Authorization of contract.
A contract is authorized between the Mayor and Common Council of the City and the
Board of Administration, California State Employees' Retirement System, a copy of said
contract being 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 ~1,
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 ~2, 1945.)
Chapter 2.49
SENIOR AFFAIRS COMMISSION
45
Sections:
2.49.010 Members - Appointment.
2.49.020 Duties.
2.49.010 Members - Appointment.
The Senior Affairs Commission of the City shall consist of nine members who shall serve
at the pleasure of the Mayor and Common Council. Members shall be appointed and
serve pursuant to the provisions of Chapter 2.17. (Ord. MC-529, 7-7-86.)
2.49.020 Duties.
The Commission shall:
A. Act as an advisory commission to the Mayor and Common Council on issues
involving older persons. recommending positions on matters pertaining to federal, state
and local policies, programs and procedures, and any legislation affecting older persons.
B. Actively seek advice from community councils on aging, senior advocacy
organizations, local aging commissions, elected officials, and the general public for the
purpose of making recommendations to the Mayor and Common Council on issues of
concern to older persons.
C. Hold public meetings to gather input on issues of concern to older persons with
appropriate notification to the general public including the constituency of senior citizens
regarding dates, time and location. D. Hold an annual area wide meeting of senior
advocates and organizations in order to make recommendations to the Mayor and
Common Council for the priorities for the ensuing year.
E. Prepare an annual report that gives recommendations to improve the lives of older
persons, and a summary of activities for the previous year. (Ord. MC-529,7-7-86.) (City
Attorney Opinion No. 93-8)
Chapter 2.50
CIVIL SERVICE RULES AND REGULATIONS11
Sections:
2.50.010 Approval.
2.50.020 Disciplinary action taken when.
2.50.010 Approval.
Civil Service Rules and Regulations of the Civil Service Board of the City were adopted
by said Board on the 20th day of November, 1959. All subsequent amendments to those
Rules and Regulations are on file in the office of the City Clerk. All future amendments to
the Civil Service Rules and Regulations shall be adopted by resolution of the Mayor and
Common Council. (Ord. MC-631 ,7-5-88; Ord. MC-324, 12-5-83; Ord. MC-230. 12-20-82;
Ord.3676, 1977; Ord3551, 1976; Ord. 3526,1975; Ord.3363, 1973; Ord. 3313.1972; Ord.3226,
1972; Ord 3150,1971; Ord. 3074, 1970; Ord. 244991.1962.) (City Attorney Opinion No. 90-31)
2.50.020 Disciplinary action taken when.
Any officer or employee of the City who willfully does any of the acts prohibited by, or
who fails to do any of the acts required by, or who in any other way violates, any
provision of Sections 246 through 261 of the Charter, of these Civil Service Rules and
Regulations, or of any order relating to personnel duly made by the Civil Service Board,
46
the appointing power, or the Mayor and Council, shall be subject to disciplinary action
appropriate to his status or as may be determined by the Civil Service Board. (Ord. 2449
92.1962) II For charter provisions on the City's civil service system, see Charter 99246-
261; for statutory provisions authorizing cities to establish a personnel system, see Gov.
Code 945000 et seq.
Chapter 2.52
CITY HALL
Sections:
2.52.010 Hours of business.
2.52.010 Hours of business.
The City Hall, City of San Bernardino, shall be open to the public for the transaction of
business between the hours of seven-thirty a.m. and four-thirty p.m. daily, except on
Saturdays, Sundays and those City holidays designated by resolution of the Mayor and
Common Council. (Ord. 3921 91. 1980; Ord. 3541,1975; Ord. . 213591, 1956.)
Chapter 2.54
HOLlDAYS,2
Sections:
2.54.010 Saturday.
2.54.010 Saturday.
That in accordance with the provisions of Section 6704 of the Government Code of the
State, 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...u .. ............... .............
Chapter 2.56
ELECTIONS13
Sections:
2.56.001 Law governing municipal elections.
2.56.010 Dates of elections.
2.56.020 Nomination and election.
12 For statutory provisions authorizing cities to declare Saturdays as holidays as respects
the transaction of govemment business, see Gov. Code 96704. 13 For charter provisions
on elections, see Charter Arts. " and VII; for statutory provisions on notice of elections,
see Election Code 910 I 00 et seq.
2.56.030 Elections to be held in accordance with state law.
2.56.040 Time for obtaining signatures.
2.56.050 Nomination papers.
2.56.060 Election to office after primary election.
2.56.070 Date nomination papers filed with City Clerk.
2.56.080 Filing fee.
2.56.090 Issuance of list of registered voters.
2.56.105 Contracts with Civic and Service Organizations For Precinct Boards.
2.56.110 Duty of City Clerk.
47
Deleted: . and further, that such
provisions are not applicable to the
San Bernardino Police Court. COrd.
1811 ~1. 1947.)~
2.56.110 Hours polls to open.
2.56.120 Publication of names and nominees.
2.56.130 Canvass of election returns. .
2.56.140 Ballots cast under Absent Voters Law.
2.56.142 Retention of absent voter ballot application beyond time limits.
2.56.143 Return of absent voter ballot application.
2.56.144 Willful interference with return of completed absent voter ballot.
2.56.146 Return and counting of absentee ballots.
2.56.148 Solicitation of vote or electioneering while casting of absentee vote.
2.56.150 General elections.
2.56.160 Recall elections.
2.56.170 Special election.
2.56.171 Special elections; alternate procedure.
2.56.173 Uncontested regularly scheduled election.
2.56.175 Uncontested special election to fill vacancy in office.
2.56.180 Unconstitutionality or invalidity of residency requirements.
2.56.190 Fiscal analysis of measure.
2.56.195 Voluntary Expenditure Ceiling (Suspended Pursuantto MC-1036, 12-7-98)
2.56.001 Law governing municipal elections.
A. Primary, general, special or recall municipal elections shall be conducted in the
manner provided for by general law except as hereinafter set forth, or as may be
otherwise provided by ordinance or resolution.
1. Notwithstanding the provisions of Elections Code Sections 1013 [See now
93017] or any judicial interpretation thereof. after the receipt by the voter of an
absent voter ballot, no election campaign volunteer or worker shall handle or mail
the ballot of such absentee voter in any primary, general, special, or recall
municipal election.
2. Notwithstanding the provisions of California Elections Code Sections 1000 et
seq., [See now 9300 and 93000 et seq.] or any judicial interpretation thereof. an
application for absentee ballot shall not be valid unless made on a form issued to
the applicant by the San Bernardino City Clerk's Office. The provisions of this
subsection shall not apply to requests for absentee ballots for a consolidated
election conducted under California Elections Code Section 23300 [See now
910400] or for requests for absentee ballots received from a person who is a
"nonambulatory person" as that term is defined in California Health and Safety
Code Section 13131 .
B. Any person, firm or corporation violating any of the provisions of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable in
accordance with provisions of Section 1.12.010 of this Code. (Ord. MC-478,9-23-85; Ord.
MC-476,9-23-85; Ord. MC-268,4-24-83.) (City Attorney Opinion No 91-7)
2.56.010 Dates of election.
A. A primary election shall be held on the first Tuesday after the first Monday in
November 1995, and a like election shall be held on the first Tuesday after the first
48
Monday in November every four years thereafter, in the City for the nomination of
candidates for the following offices:
1. Member of the Common Council from the Third Ward;
2. Member of the Common Council from the Fifth Ward;
3. Member of the Common Council from the Sixth Ward:
4. Member of the Common Council from the Seventh Ward:
5. City Clerk;
6. City Treasurer;
7. City Attorney.
B A primary election shall be held on the first Tuesday after the first Monday in
November, 1997, and a like election shall be held on the first Tuesday after the first
Monday in November every four years thereafter, in the City for the nomination of
candidates for the following offices:
1. Mayor;
2. Member of the Common Council from the First Ward;
3. Member of the Common Council from the Second Ward:
4. Member of the Common Council from the Fourth Ward.
(MC-934, 3-8-95: Ord. 3601 (part), 1976: Ord. 3448 (part), 1974; Ord. 2048991,2,1954)
2.56.020 Nomination and election.
Members of the Common Council shall be nominated and elected, as provided by the
Charter of the City, by the qualified electors of their respective wards. Each member
shall have been a legal resident and elector for at least thirty days next preceding the
date of filing nomination papers and shall continue to be a resident in the ward during his
term of office. (Ord. 3601 (part), 1976: Ord. 2048 92Y:., 1954.)
2.56.030 Elections to be held in accordance with state law.
Primary elections shall be held in accordance with the provisions of Parts I and 2 of
Division 14 [See now Division 10} of the Elections Code, except as may be otherwise
provided by ordinance or resolution of the Mayor and Common Council. (Ord. 3792 91,
1978: Ord 2779,1966: Ord. 2048 93(a), 1954.)
2.56.040 Time for obtaining signatures.
Nomination papers shall be issued and verification deputies appointed to obtain
signatures to the nomination papers of any candidate at any time not earlier than the
eighty-ninth day, nor later than twelve noon on the sixty-eighth day. before the municipal
election. Provided, however. that for the 1993 election only, such period shall be not
earlier than the ninety-first day nor later than twelve noon on the seventieth day before
the municipal election. (Ord. MC-852, 11-2-92: Ord. 3271,1972; Ord. 2048 93(b), 1954)
2.56.050 Nomination papers.
Nomination papers for the following respective offices shall be signed by voters of the
area for which the candidate is to be nominated as follows:
A. Mayor, City Clerk, City Treasurer and City Attorney; not less than twenty voters, nor
more than thirty voters: and
49
B. Common Council members: not less than fifteen voters, nor more than twenty-five
voters. (Ord. 2429 (part), 1962: Ord. 2048 93(C), 1954)
2.56.060 Election to office after primary election.
Any candidate for a City office who at a primary election receives a majority of all the
ballots cast for candidates for the office for which such candidate seeks nomination shall
be elected to such office, (Ord. 2429 (part), 1962; Ord. 2048 93(d), 1954.) (City Attorney
Opinion No. 91-7, City Attorney Opinion No. 91-5)
2.56.070 Date nomination papers filed with City Clerk.
All nomination papers shall be filed with the City Clerk not later than twelve noon on the
sixty-eighth day before the municipal election. Provided, however, that for the 1993
election only, all nomination papers shall be filed with the City Clerk not later than twelve
noon on the seventieth day before the municipal election. (MC-852, 11-02-92; Ord. 3306,
1972; Ord. 2048 93(e), 1954)
2.56.080 Filing fee.
The City Clerk shall supply all forms required for nominations and election to all City
offices Such forms shall be distributed without charge to all such candidates applying
therefor; provided, however, that such forms shall not be distributed except upon the
prepayment of the filing fees. The filing fee for any office shall be two percent of the first
year's salary for the office for which the candidate is issued papers. No nomination
papers shall be issued or filed except upon proof of said prepayment. The filing fee shall
not be refunded in the event ttie candidate fails to qualify as a candidate.
Notwithstanding any other provision of this Chapter, a candidate may submit a petition
containing signatures of registered voters in lieu of a filing fee in accordance with the
provisions of Section 6555 [See now ~81 06] of the Elections Code of the State. (Ord.
3601 (part) 1976; Ord. 2429 (part), 1962; Ord. 2048 93(1),1954)
2.56.090 Issuance of list of registered voters.
The City Clerk is authorized to issue to each candidate one list of the registered voters
residing within the district in which the candidate is running for office, Such lists shall be
furnished by the City Clerk promptly after the closing of nominations, and as soon as
such lists are made available by the Registrar of Voters of the County, (Ord. 2429 (part),
1962; Ord. 2048 93(9),1954.)
2.56.100 Duty of City Clerk.
The City Clerk is instructed and authorized to procure. prepare and distribute all
necessary ballots and election supplies for said election. (Ord. 204894,1954.)
2.56.105 Contracts with Civic and Service Organizations for Precinct Boards.
Prior to any election the City Clerk may contract with any Civic or Service Organization
located within the City of San Bernardino to provide necessary Precinct Boards for such
election. Such contracts may cover both primary and general elections, The
compensation to be paid such precinct workers pursuant to the contract shall be
established by the Mayor and Council from time to time by resolution and may be paid to
the precinct workers or directly to the organization as cietermined in the contract. Any
such Precinct Boards provided by Civic or Service organizations shall be subject to the
same qualifications and training requirements as other Precinct Boards as required by
the Elections Code. Any such contract shall require that the contracting organization not
discriminate in its membership or services on the basis of race, color, creed, religion,
national origin, sex, or physical handicap. (MC-860, 01-20-93)
50
2.56.110 Hours polls to be open.
A The hour of seven a.m. on the date of elections is fixed as the hour for opening the
polls, and the hour of eight p.m. of said date is fixed as the hour for closing the polls at
such elections; provided, however, that if at said hour of closing there are any other
voters in the polling places or in line at the door thereof who are qualified to vote and
who have not been able to do so since appearing, the polls shall be kept open a
sufficient time to enable them to vote, but no one who arrives at a polling place after
eight p.m. shall be entitled to vote, although the polls may be open when such person
arrives. Primary and general elections shall be held at the regularly designated polling
places in each precinct as designated in the resolution setting forth the number of
consolidated precincts and the location of each polling place. The officers of election
appointed and the polling places designated for the primary election shall be the officers
and polling places of the general election so far as possible. Such resolution shall also
set forth the list of the names of the election officers appointed. Each precinct board
shall consist of one inspector, one judge and two clerks.
B. Not earlier than the eighty-ninth nor later than the sixty-eighth day before any primary
election, and not earlier than the fifty-fourth day nor later than the tenth day before any
general municipal election, the City clerk shall publish a notice of the election at least
once in a newspaper of general circulation published and circulated in the City. The
notice shall be headed "Notice of Election," and shall contain a statement of:
1. The time of the election;
2. The offices to be filled, specifying full term or short term, as the case may be;
3 The hours the polls will be open. (MC-864. 3-22-93; Ord. 3312. 1972; Ord. 2048
S5. 1954)
2.56.120 Publication of names of nominees.
The City Clerk shall publish a list of the names of the nominees, in the order in which
they appear on the ballot, and the respective offices for which they have been nominated
at least twice before the day of election in one or more daily or weekly newspapers
published in the City. (Ord. 2143.1956; Ord. 2048 s6. 1954.)
2.56.130 Canvass of election returns.
A. On the second day after a City election, exclusive of holidays, at one-thirty p.m., the
Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the
City Clerk by order of the Mayor and Common Council shall meet at the City Hall, San
Bernardino, California, and proceed to canvass the election returns.
B. At the next regular or adjourned regular Council meeting following the completion of
the canvass, the Mayor and Common Council shall declare the results of the election as
certified by the City Clerk as being official. (Ord. 2546. 1964: Ord. 2048 S7. 1954.) (City
Attorney Opinion No. 91-7)
2.56.140 Ballots cast under Absent Voters Law.
51
A. All ballots cast under the provisions of the Absent Voters Law, in order that they may
be counted, shall be issued, received and canvassed within the time provided for in
general law cities.
B. Repealed by MC-862, 3-8-93) (MC-862, 3-8-93; Ord MC-473, 9-13-85; Ord. 2429 (part)
1962; Ord. 2048 S8, 1954)
2.56.142 Retention of Absent Voter Ballot Application beyond time limits.
Any person, other than the voter, who willfully (a) retains a completed absent voter ballot
application, with or without the voter's authorization, for more than three days, excluding
weekends and state holidays, or by the deadline for return of absent voters' ballot
applications, whichever is earlier, or (b) denies an applicant the right to return his or her
own completed absent voter ballot application to the local elections official having
jurisdiction over the election, or dissuades or attempts to dissuade such applicant to not
so return his or her completed absent voter ballot application, is guilty of a misdemeanor.
(Ord. MC-654, 4-3-89.)
2.56.143 Return of Absent Voter Ballot Application.
After completing the absent voter ballot application the absent voter shall return the
application by mail or in person to the official from whom it came. It is a misdemeanor for
any person, except the absent voter, to return the application to the local election official.
(Ord. MC-654, 4-3-89)
2.56.144 Willful interference with return of completed Absent Voter Ballot
Any person, other than the voter, having charge of a completed absent voter ballot who
willfully interferes or causes interference with its return to the local elections official
having jurisdiction over the election is guilty of a misdemeanor. (Ord. MC-655, 4-3-89)
2.56.146 Return and Counting of Absentee Ballots.
All absentee ballots shall be voted on or before the day of the election. After marking the
ballot the absent voter shall either: (1) return the ballot by mail or in person to the official
from whom it came or (2) return the ballot in person to any member of a precinct board
at any polling place within the jurisdiction. The ballot must, however, be received by
either the official from whom it came or the precinct board before the close of the polls
on election day. The City Clerk shall establish procedure to insure the secrecy of any
ballot returned to a precinct polling place. The provisions of this section are mandatory,
not directory, and no absent voter ballot shall be counted if it is not delivered in
compliance with this section. (Ord. MC-656, 4-3-89.)
2.56.148 Solicitation of vote or electioneering while casting of absentee vote.
(a) No candidate or representative or a candidate, and no proponent. opponent, or
representative of a proponent or opponent, of an initiative, referendum, or recall
measure. or of a charter amendment, shall solicit the vote of an absentee voter, or do
any electioneering, while in the residence or in the immediate presence of the voter, and
during the time he or she knows the absentee voter is voting.
(b) Any person who knowingly violates this section is guilty of a misdemeanor.
(c) This section shall not be construed to conflict with any provision of the federal Voting
Rights Act of 1965, as amended, not to preclude electioneering by mail or telephone or
52
in public places, except as prohibited by Election Code Section 29470 [See now 18370],
or by any other provision of law. (Ord. MC-657, 4-3-89.)
2.56.150 General elections.
General elections shall be conducted under the same laws as the primary election and
shall be held on the first Tuesday in February of each even numbered year. Names of
candidates elected in the primary election shall not appear on the ballot in the ensuing
general election The officers elected at either the primary or general election shall hold
office for terms of four years from and after the first Monday in March next succeeding
their elections. (MC-934, 3-8-95; Ord. 3448 (part), 1974; Ord. 204899,1954)
256.160 Recall elections.
A recall election to remove an elected officer pursuant to Charter Section 122 shall be
ordered, held and conducted and the result thereof made known and declared in the
same manner provided in this chapter for municipal primary and general elections
except as follows:
A. Time for Obtaining Signatures. Nomination papers shall be issued and verification
deputies appointed to obtain signatures to nomination papers of any candidate at any
time not earlier than the thirty-fifth day nor later than five p.m. on the twenty-ninth day
before the recall election.
B. Date filed with City Clerk. All nomination papers shall be filed with the City Clerk not
later than five p.m. on the twenty-ninth day before the recall election.
C. Not earlier than the thirty-fifth day, nor later than the tenth day before a recall election,
the City Clerk shall publish a notice of the election at least once in one or more
newspapers published and circulated in the City. The notice shall be headed "Notice of
Election," and shall contain a statement of;
1 The time of the election;
2 The offices to be filled, specifying full term or short term, as the case may be;
3 The hours the polls will be open.
D. Absentee Ballots. Not earlier than the twenty-sixth day, nor later than the seventh day
before a recall election, any voter entitled to vote by absent voter ballot as provided in
Elections Code Section 14620 [See now 93003], may file with the City Clerk either in
person or by mail, his written application for an absent voter's ballot. The application
shall be signed by the applicant, shall show his place of residence, and shall make clear
to the City Clerk the applicant's right to a ballot. Applications received by the City Clerk
hereunder on or after the fortieth day but prior to the twenty-sixth day before election
shall not be returned to the sender, but shall be held by the City Clerk and processed by
him following the twenty-sixth day prior to election in the same manner as if received at
that time (Ord. 3601 (part), 1976; Ord. 2048910, 1954.j
2.56.170 Special elections
The Mayor and Common Council shall call a special election to be held on a Tuesday,
not less than ninety (90) nor more than one hundred thirty-five (135) days following such
call. If an established election date set by Section 10 of the Charter of the City of San
53
Bernardino or Elections Code !l2500 [See now !l1000 et seq.] falls within that time
period, such special election shall be held on that date. Two or more special elections of
the City may be combined into one electi'on. If the special election is held to fill a
vacancy on the Council it shall be called prior to an anticipated vacancy or within thirty
(30) days after such vacancy. In such cases, the election shall be held not less than
ninety (90) nor more than one hundred thirty-five (135) days following such vacancy. Any
such special election so called shall be held in compliance with the provisions of the
Charter and applicable ordinances of the City. Unless the election is not held as
provided in Section 2.56.175, the candidate receiving the plurality of votes cast at such
special election shall be elected to fill the vacancy. (MC-877, 6-7-93; MC-3601 (part), 1976;
Ord. 2048 910, 1954) (City Attorney Opinion No. 96-9)
2.56.171 Special Elections; alternate procedure.
Where a vacancy exists on the Common Council, the Council may, as an alternative to
the procedure outlined in Section 2.56.170, call a special election to be held on a
Tuesday, within the time limits set by Section 2.56.170 to be conducted wholly by mail
ballots. Such elections shall be conducted in accordance with the provisions of Section
1350 et seq. of the Elections Code of the State of California. (Ord. MC-877, 6-7-93)
2.56.173 Uncontested regularly scheduled election.
A. If, by.5 P.M. on the 63rd day prior to the day fixed for a regularly scheduled municipal
election, no one or only one person has been nominated for any office which is elected
on a city wide basis, or no one or only one person is nominated to be elected from or by
a ward, the City Clerk shall submit a certificate of these facts to the Mayor and Common
Council and inform the Mayor and Common Council that it may, at a regular or special
meeting held before the municipal election, adopt one of the following courses of action;
1. Appoint to the office the person who has been nominated.
2 Appoint to the office any eligible elector if no one has been nominated.
3 Hold the election if either no one or only one person has been nominated. The
City Clerk shall publish a notice of the facts described in this section and the
courses of action available under this subdivision. Publication shall be made
pursuant to Section 6061 of the Government Code in any newspaper of general
circulation as designated by the Clerk. After the fifth day following the date of
publication, the Mayor and Common Council may make the appointment or direct
an election to be held in the affected territory. The person appointed, if any, shall
qualify and take office and serve exactly as if elected at a municipal election for
the office. If, by the 50th day before the municipal election, no person has been
appointed to office pursuant to paragraphs (1) or (2), the election shall be held.
B. Notwithstanding Elections Code Section 7300 et seq. [See now 98600 et seq.] or any
other provision of law to the contrary, if the Mayor and Common Council makes an
appointment pursuant to subdivision (a), the Clerk shall not accept for filing any
statement of write-in candidacy which is submitted after the appointment is made.
In the event that an appointment is made in a particular ward pursuant to subdivision (A),
that appointment shall not affect the conduct of the municipal election in other legislative
districts ofthe City. (Ord. MC-761, 11-26-90.)
54
2.56.175 Uncontested special election to fill vacancy in office.
A. If, by 5 P.M. on the 63rd day before a municipal election to fill a vacancy on the
Council as called pursuant to Section 14-A of the Charter, no one or only one person
has been nominated for such office to be filled at that election, the City Clerk shall
submit a certificate of these facts to the Mayor and Common Council and inform the
Mayor and Common Council that it may, at a regular or special meeting held before the
municipal election, adopt one of the following courses of action:
1. Appoint to such office the person who has been nominated.
2 Appoint to such office any eligible elector if no one has been nominated.
3 Hold the election if either no one, or only one person, has been nominated.
The City Clerk shall publish a notice of the facts described in this Section and the
courses of action available under this subdivision. Publication shall be made
pursuant to Section 6061 of the Government Code in any newspaper of general
circulation as designated by the Clerk. After the fifth day following the date of
publication, the Mayor and Common Council may make such an appointment or
direct an election to be held. The person appointed, if any, shall qualify and take
office and serve exactly as if elected at a municipal election for that office. If, by
the 50th day before the municipal election, no person has been appointed to
office pursuant to paragraphs (1) or (2), the election shall be held.
B Notwithstanding Elections Code Section 7300 et seq. [See now ~8600 et seq.] or any
other provision of law to the contrary, if the Mayor and Common Council make an
appointment as provided in this Section, the City Clerk shall not accept for filing any
statement of write-in candidacy which is submitted after the appointment is made.
(Ord. MC-761, 11-26-90.)
2.56.180 Unconstitutionality or invalidity of residence requirements.
In the event any court of competent jurisdiction adjudicates that the residency
requirements set forth in the provisions of the Charter, or any ordinance of the City of
candidates for elective municipal offices in any primary, general, special or recall
election are unconstitutional or invalid, the residency requirement for candidates for such
elective offices shall be a period of at least thirty days next preceding the filing of
nomination papers for their election in the ward, or in the City, as may be applicable.
(Ord. 3549,1976; Ord. 2048311,1954.)
2.56.190 Fiscal analysis of measure.
Whenever any City measure qualifies for a place on the ballot, the Mayor and Common
Council may direct designated officers of the City to prepare an impartial fiscal analysis
of the measure showing the amount of any increase or decrease in revenue or cost to
the City of San Bernardino. 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 Section 5011 [See now ~9280] of the Elections Code, the City Attorney's
analysis and the fiscal analysis shall be separately set forth. (Ord. MC-97, 1981.)
2.56.195 Voluntary Expenditure Ceiling.
(Suspended Pursuant to MC-1036, 12-7-98)
55
A. Pursuant to Government Code Section 85400(c), the voluntary expenditure ceiling for
candidates and/or controlled committees of such candidates for elective office shall not
exceed a combined total dollar amount equal to $1.00 per each resident in the District or
Ward in which the candidate is seeking elective office for each election. If such
candidate is seeking citywide elective office, the combined total dollar amount equal to
$1.00 per each resident for each election shall be based upon the total number of
residents of the City of San Bernardino. The number of residents which shall determine
the voluntary expenditure ceiling for such elective offices shall be based upon the most
current federal census statistics available in the City Clerk's office.
B. Each candidate for elective office shall file a statement of acceptance or rejection of
the voluntary expenditure ceiling set forth herein with the City Clerk before accepting any
contributions. If such candidate agrees to accept said expenditure ceiling, the candidate
shall not be subject to the contribution limitations in Government Code Section 85301,
but shall be subject to the contribution limitations in Government Code Section 85402.
The City Clerk shall provide notification to voters that the candidate has accepted the
voluntary expenditure ceiling set forth herein, as required by Government Code section
85602.
C. No candidate for ward or citywide elective office who accepts the voluntary
expenditure ceiling established herein and no controlled committee of such a candidate
shall make campaign expenditures cumulatively in excess of the voluntary expenditure
ceiling set forth herein.
D. If a candidate declines to accept the voluntary expenditure ceiling set forth herein, the
candidate shall be subject to the contribution limitations in Government Code Section
85301.
E. If a candidate declines to accept the voluntary expenditure ceiling set forth herein and
receives contributions, has cash on hand, or makes qualified expenditures equal to 75%
or more of the voluntary expenditure ceiling for that office, the voluntary expenditure
ceiling set forth herein shall be three times the limit specified herein for any candidate
running for that same office.
F. If an independent expenditure committee or committees in the aggregate spend in
support or opposition to a candidate for office more than 50% of the applicable voluntary
expenditure ceiling, the voluntary expenditure ceiling shall be three times the limit
specified herein for any candidate running for the same office.
G. Except as provided herein, the provisions of the California Political Reform Acts of
1974 and 1996, Government Code sections 81000 et seq. (collectively "the Acts"), and
applicable regulations adopted pursuant thereto, as the same may be amended from
time to time, shall govern the interpretation and application of this section.
H. The penalties and remedies for violations of this section shall be those set forth in the
Acts. This Ordinance shall take effect for every Primary, General, Recall and Special
Election held on or after November 5,1997.
Chapter 2.58
MEETINGS,.
56
Sections:
2.58.010 Mayor and Common Council
2.58.020 Meetings of boards, commissions and committees.
2.58.030 (Repealed by MC-184, 7-6-82)
2.58.040 (Repealed by MC-184, 7-6-82)
2.58.050 (Repealed by MC-184, 7-6-82)
2.58.060 (Repealed by MC-184, 7-6-82)
2.58.070 (Repealed by MC-184, 7-6-82)
2.58.080 (Repealed by MC-184, 7-6-82)
2.58.090 (Repealed by MC-184, 7-6-82)
2.58.100 Prohibiting contemptuous conduct at meetings
2.58.105 Willful Interruptions of Meetings of the Mayor and Common Council
2.58.110 (Repealed by MC-184, 7-6-82)
2.58.120 (Repealed by MC-184, 7-6-82)
2.58.130 (Repealed by MC-184, 7-6-82)
2.58.140 (Repealed by MC-184, 7-6-82)
2.58.150 (Repealed by MC-184, 7-6-82)
2.58.160 (Repealed by MC-184, 7-6-82)
2.58.170 Holidays.
2.58.180 Familiarity with Ralph M. Brown Act required.
2.58.200 Continuances; fee. 14 For charter provisions on council meetings, see Charter
Art. II\.
2.58.010 Mayor and Common Council.
A. Regular meetings of the Mayor and Common Council of the City of San Bernardino
shall be held on the first and third Mondays of each monthilt the.CityC()ul1ciI.GhalTltle.rs,. .'
City Hall, 300 North "D" Street, San Bernardino. California, at a regular time that shall be
designed by a resolution of the Mayor and Common Council. . If said first or third
Monday is a legal holiday, then said regular meeting shall be held on.p.n()ttre!.d<lya~
may be designated by the Mayor and Common Council, commencing atJheregLilartirne .
designated by resolution of/he Mayor and Common Council. lOrd. MC-1134, 12-02-02)
B. Such meetings shall be adjourned, held and continued in accordance with the
provisions of Government Code Sections 54954, 54955, 54955.1. 54956, 54956.5 and
other applicable sections and any amendments thereto. Regular meetings shall be held
at the City Hall of the City. Adjourned meetings, special meetings and adjourned special
meetings may be held at any convenient location approved by the Mayor and Common
Council either ,l<Vithinorwithout the corporate limits of the. Gity, as may be. permitted by....
state law. (MC-883, 9-7-93; Ord. MC-715, 4-2-90; Ord. MC-98, 1981; Ord. 3652,1977; Ord.
228491, 1960.)
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 a resolution of the Mayor and Common
Council. (Ord MC-184, 7-6-82; Ord. 363891,1977)
2.58.030 (Repealed by MC-184, 7-6-82)
2.58.040 (Repealed by MC-184, 7-6-82)
57
Deleted: commencing at one-thirty
p.m. (1:30 p.m.)
Deleted: the following
Deleted: one-thirty p.m. (1:30 p.m.)
. .1 Deleted: either
2.58.050 (Repealed by MC-184, 7-6-82)
2.58.060 (Repealed by MC-184, 7-6-82)
2.58.070 (Repealed by MC-184, 7-6-82)
2.58.080 (Repealed by MC-184, 7-6-82)
2.58.090 (Repealed by MC-184, 7-6-82)
2.58.100 Prohibiting contemptuous conduct at meetings.
The Mayor or any member of the Common Council shall not engage in disorderly or
contemptuous behavior in the presence of the Common Council at public meetings.
Contemptuous behavior shall include within its meaning "slander" as defined in Civil
Code Section 46 which is not connected or logically related to the objective of the
meeting. The Common Council shall have power to punish the Mayor or any of its
members for disorderly or contemptuous behavior 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 fifty dollars. (MC-390, 6-4-84.)
2.58.105 JlV.illfullntlHrlJptions of Meetings of the Mayor and C:;0I11I1lIl11 Cou.nc;il,..
Understanding that the purpose of the meetings of the Mayor and Common Council is to
conduct the people's business for the benefit of all the people, in the event that any
meeting of the Mayor and Common Council is willfully interrupted by a person or by a
group of persons so as to render the orderly conduct of the meeting impossible, the
Mayor may proceed pursuant to Government Code ~54957.9 or any applicable penal
statute or ordinance. For the purposes of these rules "willfully interrupt" includes, but is
not limited to, continuing to do any of the following after being warned by the Mayor that
continuing to do so will be a violation of law:
a. Addressing the Mayor and Common Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor and
Common Council.
c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.
e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a
Councilmember, or a staff member or shouting or attempting to shout over a speaker,
the Mayor, a Councilmember or a staff member.
f As a speaker, interrupting or attempting to interrupt the Mayor, a Council member, or a
staff member, or shouting over or attempting to shout over the Mayor, a Councilmember,
or a staff member. Nothing in this section or any rules of the Council shall be construed
to prohibit public criticism of the policies, procedures, programs, or services of the City
or of the acts or omissions of the Mayor and Common Council. It shall be unlawful to
violate the provisions of this Section. If any subsection, sentence, clause or phrase of
this Section 2.58.105 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
58
. { Deleted: Wilful
and Common Council hereby declare that it would have passed this section, and each
subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or
more subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional. (Ord MC-911, 9-19-94)
2.58.110 (Repealed by MC-184, 7-6-82).
2.58.120 (Repealed by MC-184, 7-6-82).
2.58.130 (Repealed by MC-184, 7-6-82).
2.58.140 (Repealed by MC-184, 7-6-82).
2.58.150 (Repealed by MC-184, 7-6-82).
2.58.160 (Repealed by MC-184, 7-6-82).
2.58.170 Holidays.
In the event the date of a meeting falls on a City holiday, the next day following such
holiday shall be the meeting date, at the same time and place. (Ord. 3638 ~15, 1977.)
2.58.180 Familiarity with Ralph M. Brown Act required.
The clerk or secretary of each board, bureau or commission shall review and be familiar
with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq.
(Ord. 3638 ~16, 1977)
2.58.200 Continuances; fee.
Any person, firm. corporation or other entity having an appeal, or other item on the
agenda of the Mayor and Common 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 Common Council. The granting of a continuance shall be subject to the
complete discretion of the Mayor and Common 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 ninety (90) days. Any
subsequent request for a continuance shall require an additional fee. The fee provided
for by this ordinance 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-765,12-17-90; Ord.
MC-759,11-19-90)
Chapter 2.60
DISCLOSURE OF FINANCIAL INTERESTS
Sections:
2.60.010 Purpose and effect.
2.60.020 Officials required to file.
2.60.030 Filing times and contents of statements.
59
2.60.040 Statute of limitations.
2.60.010 Purpose and effect.
Pursuant to Section 3704 of the Government Code, the City hereby adopts the following
guidelines for its public officials in order to clearly set forth those officials who are
required to file statements disclosing financial interests in accordance with the
Governmental Conflict of Interests Act, Division 4.5, Title 1, California Government
Code. Nothing contained in this chapter is intended to modify or abridge the provisions
of the Governmental Conflict of Interests Act, Sections 1090 through 1097 of the
Government Code or any other provisions of law pertaining to conflict of interests. (Ord.
3400 !i1, 1974.)
2.60.020 Officials required to file.
The following public officials are required to file disclosure statements required by the
Governmental Conflict of Interests Act; mayor, councilmen, members of the planning
commission, citY.fnanager, .lnd, director of developmentsef\lices~all nOl1inc\jmbent
candidates for the above elective offices, those nominated for appointment or appointed
to the above offices and those who cease after January 1,1974, to hold any of the above
offices; ,such other City officials as th~. Mayor and . GOrnmon GCluncil may designate by..
resolution after giving appropriate notice to such officials, and any other City officials as
may otherwise be required by state law. (Ord. 3400 !i2, 1974)
2.60.030 Filing times and contents of statement.
The filing times, the contents of the disclosure statements and other matters relating
thereto shall comply with the provisions of the Governmental Conflict of Interest Act.
(Ord 3400 !i4, 1974)
2.60.040 Statute of limitations.
No action shall be brought pursuant to Section 3751 of the Governmental Code to enjoin
an official from violating or to compel an official to comply with the provisions of the
Governmental Conflict of Interests Act or of this chapter unless the complaint or petition
has been filed and served within one hundred eighty days after the alleged violation or
failure to comply with Government Code Sections 3700 through 3710 or this chapter has
occurred. (Ord. 3400 !i4, 1974)
Chapter 2.62
FILING OF OFFICIAL BONDS',s
Sections:
2.62.010 Amount.
2.62.020 Blanket position bond.
2.62.010 Amount.
A. The following officers of the City, before entering upon the discharge of their official
duties, and within twenty 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, one thousand dollars;
60
ed
Delet : administrator
"'< Deleted: planning director
.; Deleted: ,
I Deleted: and
2 Each member of the Common Council, one thousand dollars: Il For charter
provisions on official bonds, see Charter 9912 and 20-23.
3. City Clerk, one thousand dollars:
4. City Attorney, one thousand dollars;
5. Each member of the Board of Water Commissioners, one thousand dollars;
6 City Treasurer, one hundred thousand dollars.
B. The City Treasurer, in addition to his official bond in the penal sum of one hundred
thousand dollars, shall execute to the City an additional bond in the penal sum of twenty-
five thousand dollars, 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 moneys received by the Treasurer, his
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
moneys, other than moneys 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 ~1, 1968.)
2.62.020 Blanket position bond.
For each employee of the City, except employees in the 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
moneys 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, five thousand dollars;
Chief Deputy City Treasurer, ninety thousand dollars and all other staff members of or
assigned to the treasurer's office twenty thousand dollars; City Ma.nager, ten thousand
dollars; director of finance, ten thousand dollars; purchasing agent, ten thousand dollars;
all other employees, two thousand five hundred dollars each. The word "employee" or
"employees" as used in this section means and includes those officers, employees and
other subordinates of the City who are not otherwise required by ordinance or law to
furnish an individual bond to qualify for office or employment. (Ord. 3383,1973: Ord. 2934
~2,1968.)
Chapter 2.64
APPEALS TO COMMON COUNCIL
Sections:
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
61
{ Deleted: administrator
2.64.060 Action by the City Clerk.
2.64.070 Consideration by Council.
2.64.080 Judicial Review (City Attorney Opinion No 93-8)
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 Common 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 91.1964.) (City Attorney Opinion No. 92-18)
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 Common
Council authorized in this Chapter or in other provisions of the Code, unless expressly
otherwise provided. (Ord. MC-410, 9-17-84; Ord. 2622 92,1964)
2.64.030 Filing notice of appeal.
Except as provided in Section 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 Common Council. (Ord. 2622 93.
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 fifteen 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 appeal within
fifteen days after the date of the action or decision. (Ord. MC-410. 9-17-84; Ord. 2622 94,
1964)
2.64.050 Notice of appeal - Contents.
The notice of appeal shall be in writing and shall set forth (a) the specific action
appealed from, (b) the specific grounds of appeal, and (c) the relief or action sought from
the Common Council. 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. MC-410,
9-17-84; Ord. 2622 95. 1964.)
62
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 Common 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 Common 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 Common Council shall review the evidence, findings and
record relating to the decision or action. The Common 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 Common Council shall
be final and conclusive in the matter. (Ord. MC-410, 9-17-84; Ord. 262291,1964.)
2.64.080 Judicial Review.
The Mayor and Common Council shall take all lawful steps to insure that any appellant
aggrieved by said decision of the Common Council shall be afforded prompt judicial
review if such decision is challenged in court. (MC-1075, 6-19-00)
Chapter 2.65
SALE OF REAL PROPERTY
Sections:
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 Charter Section 40 (a), real property owned by the City
shall be sold as provided in this Chapter. (Ord. MC-955, 12-18-95)
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, 12-18-95)
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,
12-18-95)
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2.65.040. Fair Market Value.
For the purposes of this Chapter, fair market value shall be established by resolution of
the Mayor and Common 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, 12-18-95)
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, 12-18-95)
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, 12-18-95)
Chapter 2.66
CONTRACT OF INDEMNITY
Sections:
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 higher;
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. 1918, 1951; Ord. 821 ~2400, 1922.)
Chapter 2.68
VACANCIES IN OFFICE
Sections:
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 Common 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
Common Council, except as may be otherwise provided to the contrary by the Charter,
or by an ordinance, resolution or order of the Mayor and Common Council. The
performance of such duties and powers by the assistant, chief deputy, or highest ranking
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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. 377091,1978.)
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
92,1978)
2.68.030 Chapter inapplicable to Mayor and members of Common Council.
This Chapter shall be inapplicable to the offices of the Mayor and members of the
Common Council. (Ord. 377093,1978.)
Chapter 2.70
SALE OF UNCLAIMED PROPERTY16
Sections:
2.70.010 Definitions.
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 offorfeited property.
2.70.010 Definitions.
Whenever in this chapter the following words and phrases set forth in this section are
used, they shall, for the purpose of this Chapter have the meanings respectively
ascribed to them in this section: "Unclaimed property" includes any and alllost,
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 96, 1956.) [6 For
statutory provisions on lost and unclaimed property, see Civil Code 92080 et seq.
2.70.020 State statute adopted by reference.
A. California Civil Code, Sections 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 fuil and complete list thereof shall
be transmitted to the City Ma(Jager.
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{ Deleted: Adminrstrator
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. 3273 (part), 1972; Ord. 2121 91, 1956) (City Attorney
Opinion No 93-2; City Attorney Opinion No 89-12)
2.70.030 Sale at public auction.
A The City Manfjger .up()n .re<:E!ipt ()fthEl.listof unchairn~~pro'perty',shall. cjeterrTlin.e.
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 ,ManagershaJl. <;ause the unclaimed property so
held to be sold at public auction. ' '.
. { Deleted: Administrator
. - { Deleted: Administrator
B. Notice of such sale, describing the property in sufficient detail for its identification,
shall be prepared by the City ,Manage.r.OI:his;'herdesign(1e,andthenotice.signedbythE!.. . " {Deleted: Administrator
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 City.
C. If, after five days following the publication of the notice, no owner appears and proves
his 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 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 Treasurer of the City
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 has authorized, conducted or administered, or
participated in the preparation or conduct of the sale in his 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. 3273 (part), 1972; Ord.
212192,1956.) (City Attorney Opinion No. 93-2; City Attorney Opinion No. 88-1)
2.70.040 Proceeds of sale.
The proceeds of the auction sale or sales shall immediately be deposited with the
Treasurer of the City and placed in the general fund thereof. (Ord. 2121 94, 1956.) (City
Attorney Opinion No 93-2)
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 95,
1956.) (City Attorney Opinion No. 89-12)
2.70.060 Sale offorfeited property.
A. Property forfeited pursuant to Title 21 United States Code Sections 881 et seq., and
California Health and Safety Code Section 11488 et seq., that is released to the Police
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Department for disposition may be sold at public auction following the procedures set
forth in Section 2.70.030, subsections (B), (D) and (E).
B. The 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 thereafter be disbursed by the department with the authorization of the City
I Manager pursuant to the applicable Cit>,procEldure!lan~ StCiteandlor FecJElral ~a\V!l'" ..... .... {Deleted: Administrator
(Ord. MC-624, 5-2-88)
Chapter 2.72
DEMANDS AGAINST CITY; PAYMENT
Sections:
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 Common Council and counter-signed by the City Clerk.
Pursuant to Section 135 of the Charter, this provision shall prevail over any conflicting
provisions of the general law. (Ord. MC-47. 1981.)
Chapter 2.74
FINANCIAL INTERESTS OF APPOINTED CITY
COMMITTEE MEMBERS
Sections:
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 Councilman 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-54, 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-54. 1981)
2.74.030 Financial interest. Material effect -Indirect investment or interest.
A committee member has a financial interest in a decision within the meaning of Section
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:
07
A. Any business entity in which the committee member has a direct or indirect interest
worth more than one thousand dollars
B. Any real property in which the committee member has a direct or indirect interest
worth more than one thousand dollars.
C. 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 two hundred fifty dollars or more in value provided to, received by, or
promised to the committee member within twelve months prior to the time when the
decision is made.
D. Any business in which the committee member is a director, officer, partner, trustee,
employee, or holds a position of management. For purposes of this section, indirect
investment or interest means any investment 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 percent interest or greater. (Ord. MC-64, 1981.)
2.74.040 Definition: Decision making authority whenever:
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; or
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, 1981.)
Chapter 2.75
USE OF CITY'S CATV FACILITIES
Sections:
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
Common Council of the City of San Bernardino 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 Common Council or the Mayor and Common Councilor any individual
member of the Common Council. (Ord. MC-822, 1992)
2.75.020 Exceptions
Section 2.75.010 shall not apply to a legally called meeting of the Mayor and Common
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
()X
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, 3-2-92.)
Chapter 2.76
COUNCIL COMMITTEES
Sections:
2.76.010 Powers of Council committees.
2.76.020 Notice of meetings.
2.76.030 Information from City personnel.
2.76.010 Powers of Council committees.
Any committee appointed by the Common Council from among its membership shall
have power to investigate, study, take testimony, research and make appropriate
recommendations to the Mayor and Common Council concerning any matter referred to
such committee by the Mayor and Common Council, and any other item of City business
which the committee, upon majority approval of its members, deems proper for review or
recommendation. (Ord. MC-362, 4-16-84; Ord. MC-345, 3-5-84.)
2.76.020 Notice of meetings.
Each Council committee shall give reasonable notice of time and place of its meetings
and shall provide a copy of its agenda and attachments to the Mayor, City Manager, City ..." ( Deleted: Administrator
Attorney and such other City officials as it may deem advisable. At any time that such
committee, by majority approval, decides to review any other item or business not
referred to it, the committee shall notify the Mayor and City Managerof that decision and.""" .' { Deleted: Administrator
shall include such item in its minutes for placement on the next Council agenda.
Reasonable advance notice shall be given when feasible. (Ord. MC-362, 4-16-84; Ord. MC-
345,3-5-84)
2.76.030 Information from City personnel.
Upon the referral of any matter by the Mayor and Common Council committee, whether
standing, permanent or temporary, or when any such committee has determined by
majority vote to inquire into any other item of business not referred to it, such Council
committee shall have power to request, upon giving reasonable notice, any department
head, division head, officer or employee of the City to appear before it to provide
information, data or testimony and each department head, division head, officer or
employee shall comply with such request in a reasonable and timely manner. Any
department head, division head, officer or employee of the City desiring to be placed on
telephone standby and agreeing to be available for a telephone call on short notice may
make arrangements for such telephone standby with the Council office. (Ord. MC-361, 4-
16-84; Ord MC-345,3-5-84.)
Chapter 2.77
FACILITIES MANAGEMENT DEPARTMENT
Sections:
2.77.010 Established.
2.77.020 Director-Duties.
2.77.010 Established.
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The Facililies Management Department is established which shall be administered by a
Director of Facilities Management. The position of Director of Facilities Management
shall be filled by appointment of the City Manager with the approval of the Common
Council.
2.77.020 Director - Duties.
The Director of Facilities Management, under the immediate supeNision 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 Common
Council relating to management and maintenance of City buildings; operation of a
parking enforcement program, administration of the City's telephone 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.
Chapter 2.78
CODE COMPLIANCE DEPARTMENT
Sections:
2.78.010 Established.
2.78.020 Director-Duties.
2.78.010 Established.
The Code Compliance Department is established which shall be administered by a
Director of Code Compliance. The position of Director of Code Compliance shall be
filled by appointment of the City Manager with the approval of the Common Council.
2.78.020 Director - Duties.
The Director of Code Compliance, 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 Common
Council relating to enforcement of the City's Municipal Code, 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.
Chapter 2.79
INFORMA TION TECHNOLOGY DEPARTMENT
Sections:
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 Common
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
70
may hereafter be conferred or imposed by City Charter, law or the Mayor and Common
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.
Chapter 2.80
ANIMAL CONTROL DEPARTMENT
Sections:
2.80.010 Established.
2.80.020 Director-Duties.
2.80.010 Established.
The Animal Control Department is established which shall be administered by a Director
of Animal Control. The position of Director of Animal Control shall be filled by
appointment of the City Manager with the approval of the Common Council.
2.80.020 Director - Duties.
The Director of Animal Control, 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 Common
Council relating to the management and administration of the animal control department
and City's animal shelter including, animal control field services, animal licensing, rabies
control, enforcement of Municipal Codes and State Law with regard to animals, 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.
Chapter 2.81
POLICE DEPARTMENT
Sections:
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 Common Council, a Police
Chief The position requires exceptional qualifications of a managerial, professional and
educational character.
2.15.020 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 Common Council
and under the immediate supervision of the City Manager.
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C. Subject to rules, regulations and ordinances of the Mayor and Common Council,
cause to be prepared and submitted requests for the creation of new positions and
capital outlay items; he or she may request and/or coordinate such information, charts
and statistics as may be necessary for his or her recommendations;
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In cooperation with the various departments and agency(s) assist the City Clerk in
coordinating the preparation of the annual City budget; in the performance of this duty,
the Administrative Officer shall r
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E. Review the departmental and agency(s) requests for adjustments and transfers of
budget funds and make recommendations concerning them to the Mayor and Common
Council;
F. Recommend to the Mayor and Common Council adjustments between accounts of
the maintenance and operation and capital outlay appropriations of individual City
departments, and agency(s) provided that such adjustments, without concurrence of the
Mayor and Common Council, do not increase the totals of the amounts budgeted for
such categories of expenditures;
G. Implement an operations program and standards of maintenance for the public
buildings of the City, subject to the concurrence of the Mayor and Common Council, with
the exception of those public buildings under jurisdiction of the municipal water
department and the free public library board;
H. Maintain continuous research into administrative practices, study and make
recommendations to the Mayor and Common Council concerning such changes or
modification as will improve the efficiency and economy of City governmental operations;
I. Coordinate and implement the City insurance policies and make recommendations
concerning the recovery of any claims against such policies;
J. In cooperation with City departments and agency(s), recommend and review
development of work measurement, process organization and procedures programs and
operating manuals to the Mayor and Common Council;
K. Promote proper preparation and dissemination of periodic reports and informative
pamphlets or brochures;
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M. Make such other reviews, evaluations, studies and surveys and perform such other
ministerial duties as he or she may recommend to the Mayor and Common Council
and/or as are ordered by the Mayor and Common Council. (Ord. MC-839, 1992; Ord.
2397 S6, 1961) (City Attorney Opinion No. 92-10)
1
ORDINANCE NO.-.t.. to) f Y
2
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02,
2.04,2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS
2.77,2.78,2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE
SAN BERNARDINO MUNICIPAL CODE.
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5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
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SECTION 1. Title 2 of the San Bernardino Municipal Code is hereby amended by
substituting City Manager in place of City Administrator, whenever such shall appear.
SECTION 2. Chapters 2.02, 2.04, 2.06, 2.10, 2.12, 2.14, 2.15, 2.18, 2.38, 2.54,2.58,
and 2.70 of the San Bernardino Municipal Code are amended to read as follows:
"Chapter 2.02
City Manager
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Sections:
2.02.010 Position created.
2.02.020 Selection - Experience requirements.
2.02.030 Appointment - Discharge - Notice of resignation.
2.02.040 Salary and henefits.
2.02.050 Assistants.
2.02.060 Duties of the City Manager.
2.02.070 Request from others to provide information or assistance.
2.02.080 Intent of chapter.
2.02.090 Authority to file and prosecute small Claims.
2.02.100 (Repealed by MC-522)
2.02.010 Position created.
There is created a Chief Administrative Officer of the City, which position shall be designated
as City Manager. 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.
2.02.020 Selection - Experience requirements.
The City Manager shall have the qualifications and shall be chosen in accordance with Article V,
Section 100 of the City Charter. He or she 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.
2.02.030 Appointment - Dismissal- Notice of resignation.
The City Manager shall be appointed by the Mayor, subject to confirmation by the Common
Council. He or she may be summarily dismissed for the good of the service by the Mayor with
the consent of two-thirds of the Common Council, in accordance with Article XIII, Section 256
of the City Charter. The Mayor shall have the authority to suspend and discharge, for cause, the
City Manager and/or the Acting City Manager subject to the laws of the State of California, in
accordance with Article IV, Section 52 of the City Charter.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02,2.0.
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
24
2.02.040 Salary and benefits.
The salary of the City Manager shall be fixed by the Mayor and Common Council and it shall be
paid in the same manner 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 and hospital insurance, workers' compensation and travel expense, and
by the Public Employees' Retirement System. and any other salary and/or benefits that may be
provided pursuant to an employment agreement between the City and the City Manager.
2.02.050 Assistants.
Various positions shall be created by the Mayor and Common Council in order to assist the City
Manager in the performance of his or her duties, and the City Manager may assign the
performance of any of the duties prescribed in this chapter to his or her assistants. The City
Manager shall appoint an Assistant City Manager in accordance with Article V, Section 101 of
the City Charter.
2.02.060 Duties of the City Manager.
Under the general supervision of the Mayor, the City Manager shall be responsible for the
performance of such duties as may be placed in his or her charge as specified in the City Charter.
by law, by the Mayor, and/or by the Mayor and Common Council. In connection therewith, the
City Manager shall report to the Mayor and Common Council from time to time the status and
enforcement of the Mayor and Common Council's policies, rules and regulations and
accordingly, shall coordinate and monitor the activities of financing, purchasing and personnel.
In addition to the authority and duties outlined in Article V, Section 102 of the City Charter, the
City Manager shall:
A. Direct and exercise immediate supervision over the administration of all Manager-directed
departments of the City. As defined III Article XIII, Section 221 of the City Charter, Manager-
directed departments of the City shall be all City departments except the Offices of the Mayor.
City Attorney, City Clerk, and City Treasurer and except for the Water Department, Free Public
Library and the Civil Service Administration.
B. Appoint, subject to Section 40(s) of the City Charter; exercise immediate supervision over.
suspend, and remove, all City employees of all Manager-directed departments of the City in both
the classified and unclassified service; except that for the classified service, such powers shall be
pursuant to the Civil Service provisions of the City Charter, Civil Service rules, regulations and
ordinances, and except that the removal of such emp'loyees in the unclassified service is subject
to the consent of the Mayor and Common Council; and to appoint any temporary, part-time
employees of all Manager-directed departments of the City;
C. Ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police
Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are
enforced and executed;
D. Attend all meetings of the Mayor and Common Councilor Council committee meetings, and
have the right to participate in the discussion without vote;
E. Coordinate with all other departments that are not Manager-directed.
III
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
F. Review the departmental and agency(s) budget requests and the various items in the proposed
budget, including revenues, expenditures and reserves; he or she shall submit his or her
recommendation on the prop'osed annual budget and annual capital improvement program to the
Mayor and Common Council;
G. Keep the Mayor andlor the Mayor and Common Council fully advised as to the financial
condition and needs of the City, including the filing of annual and interim financial reports. and
make such recommendations as may seem desirable by the City Manager;
H. Make such other reviews, evaluations, studies and surveys and perform such other
administrative duties as he or she may recommend to the Mayor and Common Council and/or as
are ordered by the Mayor and Common Council;
I. Submit such reports as the Mayor and/or the Mayor and Common Council may require
concerning the oferations of Manager-directed departments, and recommend to the Mayor and
Common Counci the adoption of measures deemed advisable;
J. Recommend to the Mayor and Common Council the adoption of new and revised orders and
resolutions when in his or her judgment such action will promote improved City services and
operations and are in the public mterest;
K. Confer regularly with the Mayor, implement the policies of the Mayor and Common Council
as directed by the Mayor, and keep the Mayor informed of any issues, events and controversies
that may arise; be responsible for the implementation of the Mayor's policy directives and insure
that those directives are acted upon by all supervisors and employees in the Manager-directed
departments of the City;
L. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney
of any important legal issues or difficulties that arise; 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/her subordinates; It
is the responsibility of the City Manager to insure 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;
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M. Confer regularly with the City Treasurer on financial issues, obtain the financial advice of the
City Treasurer and carefully consider that advice, and keep the Treasurer informed of all
financial matters and immediately notify the City Treasurer of any important financial issues or
difficulties that arise;
N. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do so
by the Mayor and Common Council; and
O. Make such administrative rules and regulations as the City Manager deems necessary for the
orderly administration of the various departments of the City.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.02.070 Request from others to provide information or assistance.
The City Manager may request any officer, or head of any non Manager-directed department and
agency(s) to provide information and to assist in carrying out the policies and orders of the
Mayor and Common Council and the administrative duties herein vested in the City Manager.
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2.02.080 Intent of Chapter.
No provision of this chapter is intended to vest in the City Manager any duties or grant to him or
her any authority which is vested by ~eneral law or by the Charter of the City in the Mayor and
Common Councilor in any other City department, officer, board, commission or employee,
including but not limited to the Mayor's authority of general supervision.
2.02.090 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. With the written consent of
the City Attorney, 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.
13 2.02.100 Mayor and Council's authority over the City Manager and other City employees.
Neither the Mayor nor any member of the Common Council, nor any other elected City official,
14 nor the Common Council, nor any of its committees or members shall dictate or attempt to
'-. dictate, either directly or indirectly. the appointment of any person to office or employment by
15 the City Manager, or in any manner interfere with or prevent the City Manager from exercising
judgment in the appointment of officers and employees in the administrative service. Neither the
16 Mayor, Common Council Members, employees of the Common Council, nor employees of the
Office of the Mayor, shall give orders to any of the subordinates of the City Manager, either
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Chapter 2.04
DEPARTMENT OF HUMAN RESOURCES
Sections:
2.04.010 Department established.
2.04.020 (Repealed by MC-666, 7-17-89)
2.04.030 Functions and responsibilities.
2.04.040 Equal employment opportunity
2.04.050 Labor-management relations.
2.04.010 Department established.
A Department of Human Resources is established which shall be administered by a Director of
Human Resources. The position of Director of Human Resources shall be filled by appointment
of the City Manager with the approval of the Mayor and Common Council.
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2.04.020 (Repealed by MC 666, 7-17-89.)
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.04.030 Functions and responsibilities.
The Director of Human Resources shall, under the supervision and direction of the City
Manager, have charge of the personnel program of the City, except functions relating to
personnel in the Municipal Water Department and the Free Public Library, and except as the
Charter may otherwise provide. The Director of Human Resources shall perform the following
functions:
A. Administer the llosition classification plan and make recommendations to the City Manager
for changes in claSSifications where warranted.
8. Administer the wage and salary schedules or plans established by the Mayor and Common
Council and make recommendations to the City Manager for changes in accordance with
accepted standards of wage setting.
C. Develop and administer systematic evaluation of employees' performance during and after
probation.
D. Develop plans with department heads for the training and efficient utilization of employees
and conduct studies as a basis for improvement of in-service practices and procedures.
E. Maintain records of turnover, absences and other indices of the effectiveness of personnel
administration and recommend methods of improving the personnel program.
F. Maintain personnel records of all City employees.
G. Administer employee insurance programs and contracts and the contract with the Public
Employees' Retirement System.
H. Review all personnel action forms for compliance with City ordinances, resolutions and
orders related thereto.
2.04.040 Equal employment opportunity.
Programs for maintenance of equal employment opportunity in the City jurisdiction, as achieved
through an equal employment opportunity plan or other means, shall be a function within the
Department of Human Resources. Direction and coordination of programs to assure compliance
with applicable state and federal laws shall be directed by an Equal Employment Opportunity
Officer. The Equal Employment Opportunity Officer shall perform those duties set forth in the
equal employment opportunity plan andlor other plans and programs as may be adopted by the
Mayor and Common Council and such other duties as are assigned by the City Manager or the
Mayor and Common Council.
2.04.050 Labor-management relations.
Administration of a comprehensive labor and management relations program shall be a function
within the Department of Human Resources. Administration of the program may be by or
coordinated with the person, or authorized representative, designated by resolution of the Mayor
and Common CouncIl as the City's representative in matters of employer-employee relations
pursuant to Section 12 of Resolution No. 10584, as amended, and Government Code Sections
3500, et seq., or any superseding resolution or law. The labor-management relations program
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
shall include the administration of the provisions of Section 186 of the City Charter for fixing
salaries, classifications, and working conditions of employees in the Police and Fire Departments
and such other duties as are assigned.
Chapter 2.06
PURCHASING AGENT
Sections:
2.06.010 Position established.
2.06.020 Powers and duties.
2.06.010 Position established.
A purchasing system is hereby established which shall be administered by a Purchasing Agent.
The City Manager or his/her designee shall serve as the Purchasing Agent.
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 Municipal Water Department and Free Public Library, and shall have the power and the
duty to:
A. Establish a purchasing program providin~ 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 insllection 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.
G. Perform such other duties as may be imposed by ordinance or resolution of the Common
Council, or as the City Manager may direct.
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Chapter 2.10
DEPARTMENT OF FINANCE
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Sections:
2.10.010 Created.
2.10.020 Position established - Bond.
2.10.030 Powers and duties.
2.10.040 Divisions of department.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.10.010 Created.
A Department of Finance is created.
2.10.020 Position established - Bond.
A. The position of Director of Finance of the City is established. This position shall be in the
unclassified service of the Civil Service.
B. He shall be appointed by the City Manager with the approval of the Mayor and Common
Council.
C. The Director of Finance shall execute and deposit a fidelity bond in the amount of ten
thousand dollars prior to taking office.
2.10.030 Powers and duties.
The Director of Finance, under the supervision and direction of the City Manager, shall have
charge of the administration of the financial affairs of the City, but not the Municipal Water
Department. The Director of Finance shall have the following powers and duties:
A. He shall supervise all disbursements and eXllenditures to assure that payment has been legally
authorized and appropriated, and that suffiCIent unencumbered appropriations exist for the
payment of all claIms and expenditures.
8. He shall develop, supervise and maintain the general accounting system for the City
government.
C. He shall 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.
D. He shall regularly, at least quarterly, and at the end of each fiscal year,!repare and submit to
the City Manager, and the Mayor and Common Council, a statement an report indicating the
financial condition of the City, including, but not limited to, receipts, disbursements,
appropriations and reserves.
E. He shall establish, supervise, and maintain a system of data processing for the handling of
accounting information and other reports and tabulations required by the City.
F. He shall maintain and operate central duplicating, printing, and mail service serving City
departments.
G. He shall compile the preliminary budget data, including capital and operating expenditure
projections, and revenue projections for the City Manager.
H. He shall prepare and maintain current inventory of all materials, supplies and equipment of
the City.
I. He, or his desillnated representative, shall audit all purchase orders before they become
effective, and audIt and approve, before payment, all bills, invoices, payrolls, demands or
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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 his
designated representative, shall attach to the register of audited demands before submission to
the Ma~or and Common Council his affidavit certifYing as to the accuracy of the demands and
the availability of funds for payment thereof pursuant to Government Code Section 37202; and
he, or his designated representative, in lieu of the City Clerk, shall certify or approve demands as
conforming to a budget approved by resolution pursuant to Government Code Section 37208.
provided that the provisions of Section 37208 shall in other particulars be applicable to the City.
J. He shall prescribe the forms of receipts, vouchers, bills, or claims to be used by all the
agencies of the City.
K. He shall supervise the work of preparing the City payroll and maintaining records of all
payroll data; and he shall supervise the work for the State Employees' Retirement System in
accordance with the law and administrative directors of the Retirement System.
L. He shall perform such other duties as may be imposed by ordinance or resolution of the
Mayor and Common Council, or as the City Manager may direct.
Chapter 2.12
FIRE DEPARTMENT
Sections:
2.12.010 Appointment of Fire Chief.
2.12.020 Duties of Fire Chief.
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.
2.12.010 Appointment of Fire Chief. .
The Mayor shall appoint, subject to the confirmation of the Common Council, a Fire Chief. The
position requires exceptional qualifications of a scientific, managerial, professional and
educational character.
2.12.020 Duties of Fire Chief.
The Fire Chief shall have the general management and supervision over the Fire Department,
under the regulations and directions of the Mayor and Common Council, and under the
immediate supervision of the City Manager and the general supervision of the Mayor in
accordance with Section 221 of the City Charter.
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 Sections 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 Section 836.5 and Chapters 5C and 5D of
Part 2 Title 3 (commencing with Section 853.6) of the Penal Code of the State of California.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02,2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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.
2.12.050 Liability of City.
No liability shall be incurred by the City on account of the Fire Department, except such as shall
be incurred or approved by the Mayor and Common Council.
Chapter 2.14
DEPARTMENT OF DEVELOPMENT SERVICES
Sections:
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 Development Services (formerly the Departments of
Planning and Building Services, and Public Works).
2.14.020 Director.
The Department shall be under the management and control of the Development Services
Director who shall be appointed by the City Manager with approval of the Mayor and Common
Council.
2.14.030 Director - Duties.
Under the policies of the Mayor and Common 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
Development Services.
2.14.031 City Engineer
The position of City Engineer is hereby created and shall report to and be under the supervision
of the Director of Development Services.
2.14.040 City Engineer - Duties.
The City Engineer shall perform the appropriate duties as a registered engineer as provided for in
Section 6730.2 of the Business and Professions Code or any other applicable section of State
law, the City Charter, or the Municipal Code.
2.14.040 Meetings.
The Director shall represent the Department of Development Services at all meetings and
hearings of the Mayor and Common Council considering matters relatin~ to planning, building
services, or public works either in person or by duly authorized representatIves.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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Chapter 2.15
DEPARTMENT OF PUBLIC SERVICES
Sections:
2.15.010 Established.
2.15.020 Director-Duties.
2.15.010 Established.
The Department of Public Services is established.
2.15.020 Director - Duties.
The Department shall be under the management and control of the Public Services Director who
shall be appointed by the City Manager with approval of the Mayor and Common Council.
Under the policies of the Mayor and Common 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 Common Council relating to streets, rubbish and refuse disposal
other than engineering, development and improving of streets which shall be the responsibility
of the Department of Development Services; and shall plan, coordinate and report on all the
duties and activities involved in such programs.
Chapter 2.18
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
Sections:
2.18.010 Created.
2.18.020 Functions and responsibilities.
2.18.030 Park and RecreatIOn Commission - Duties.
2.18.040 No compensation - Meetings.
2.18.010 Created.
A Department of Parks, Recreation and Community Services is created which shall be under the
control and administration of the Director of the Department who shall be appointed by the City
Manager subject to the approval of the Mayor and Common Council.
2.18.020 Functions and responsibilities.
The Director of Parks, Recreation and Community Services shall carry out such functions as are
assigned to the department by the Mayor and Common Council, under the immediate
supervision of the City Manager.
2.18.030 Park and Recreation Commission - Duties.
A. The Park and Recreation Commission, as established by Charter shall act in an advisory
capacity to the Mayor and Common Council in all matters pertaining to parks, recreation and
parkways. The Commission shall advise the Mayor and Common Council and the City Manager
on the annual budget of the Parks, Recreation and Community Services Department during the
process of its preparation and make recommendations with respect thereto.
B. The Commission shall advise the Mayor and Common Council and the City Manager on:
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ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
1. Community needs and problems for the purpose of providing a basis for establishing
departmental priorities, goals and objectives;
2. Programs and plans designed to meet stated goals and objectives in, but not limited to, the
followmg areas of concern: youth affairs, senior affairs. consumer affairs, discrimination in
housing and employment, and community service centers;
3. Coordinating on a City-wide basis the work of those community agencies and organizations
engaged in the providing of human services;
4. Evaluation of all community agencies and organizations receiving City funds for the purpose
of providing human services.
2.18.040 No compensation - Meetings.
Each member shall serve without compensation. Immediately after appointment and
qualification, the Commission shall organize by electing from among its membership a chairman
and a secretary. Regular meetings shall be held at least once a month. Five members shall
constitute a quorum, but a lesser number of members may adjourn from time to time.
Chapter 2.38
POLICE RESERVE
Sections:
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 Workmen's 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 police department of the City to assist
regular police officers in law enforcement and the maintenance of peace and order.
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 may appoint as members thereof any persons whom he deems to
be qualified and he may reject any application for membership. He shall provide for the training
of ~embers in al! fields of police activity and for that purpose may assign such members to
varIOUS pol1ce duties.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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 is able to meet all requirements
prescribed by the Chief. When so qualified and selected, he shall be sworn in by the Chief, or by
the Chiefs representative, as a member of the reserves.
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 may change such orders from time to time.
2.38.050 Workmen's Compensation benefits.
The members of the San Bernardino police reserve shall receive Workmen's Compensation
benefits as provided by law. For purposes of the Workmen's Compensation Law, members of the
police reserve shall be deemed to be employees of the City.
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 upon termInation of his membership.
2.38.070 Removal from membership.
The membership of any person in the reserves may be terminated by the Chief at his pleasure.
2.38.080 Firearms and police baton.
No member of the, reserves shall carry any firearms unless or until he has been authorized to do
so by the Chief. All members of the reserves are authorized to carry the regulation police baton.
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.
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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.
2.38.110 Civil defense and disaster.
Members of the reserves shall also enroll as volunteers of the civil defense and disaster
organization of the City.
2.38.120 Impersonation prohibited.
It is unlawful and an infraction, punishable in accordance with Section 1.12.010 of this Code, for
any person, not a member of the reserves:
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.0"
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
A. To wear, carry, or display a reserve identification card, badge, cap piece, or insignia;
8. In any manner to represent himself or herself to be connected with the reserves.
Chapter 2.54
HOLIDAYS
Sections:
8 2.54.010 Saturday.
92.54.010 Saturday.
That in accordance with the provisions of Section 6704 of the Government Code of the State, 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.
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Chapter 2.58
MEETINGS
Sections:
2.58.010 Mayor and Common Council
2.58.020 Meetings of boards, commissions and committees.
2.58.100 Prohibiting contemptnous conduct at meetings
2.58.105 Willful Interruptions of Meetings of the Mayor and Common Council
2.58.170 Holidays.
2.58.180 Familiarity with Ralph M. Brown Act required.
2.58.200 Continuances; fee.
2.58.010 Mayor and Common Council.
A. Regular meetings of the Mayor and Common Council of the City of San Bernardino shall be
held on the first and third Mondays of each month at the City Council Chambers, City Hall, 30C
North "D" Street, San Bernardino, California, at a regular time that shall be designated by 2
resolution of the Mayor and Common Council. If said first or third Monday is a legal holiday.
then said regular meeting shall be held on another day as may be designated by the Mayor and
Common Council, commencing at the regular time designated by resolution of the Mayor am'
Common Council.
B. Such meetings shall be adjourned, held and continued in accordance with the provisions OJ
Government Code Sections 54954, 54955, 54955.1, 54956, 54956.5 and other apflicablt
sections and any amendments thereto. Regular meetings shall be held at the City Hal of th,
City. Adjourned meetings, special meetings and adjourned special meetings may be held at an)
convenient location approved by the Mayor and Common Council either within or without tht
corporate limits of the City, as may be permitted by state law.
2.58.020 Meetings of boards, commissions and committees.
The dates, times and places of regular meetings of all boards, commissions and committees 0
the City shall be set forth in a resolution of the Mayor and Common Council.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.0,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.58.100 Prohibiting contemptuous conduct at meetings.
The Mayor or any member of the Common Council shall not engage in disorderly or
contemptuous behavior in the presence of the Common Council at public meetings. The
Common Council shall have power to punish the Mayor or any of its members for disorderly or
contemptuous behavior 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 fifty dollars.
2.58.105 Willful Interruptions of Meetings of the Mayor and Common Council.
Understanding that the purpose of the meetmgs ofthe Mayor and Common Council is to conduct
the people's business for the benefit of all the people, in the event that any meeting of the Mayor
and Common Council is willfully interrupted by a person or by a group of persons so as to
render the orderly conduct of the meeting impossible, the Mayor may proceed pursuant to
Government Code ~54957.9 or any applicable penal statute or ordinance. For the purposes of
these rules "willfully interrupt" includes, but is not limited to, continuing to do any of the
following after being warned by the Mayor that continuing to do so will be a violation of law:
a. Addressing the Mayor and Common Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor and Common
Council.
c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.
e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a Council
member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a
Council member or a staff member. . ,
f. As a speaker, interrupting or attempting to interrupt the Mayor, a Council member, or a staff
member, or shouting over or attemptmg to shout over the Mayor, a Council member, or a staff
member. Nothing in this section or any rules of the Council shall be construed to prohibit public
criticism of the policies, procedures, programs, or services of the City or of the acts or omissions
of the Mayor and Common Council. It shall be unlawful to violate the provisions of this Section.
If any subsection, sentence, clause or phrase of this Section 2.58.105 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 Common Council hereby declare that it would have passed this
section, and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any
one or more subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional.
2.58.170 Holidays.
In the event the date of a meeting falls on a City holiday, the next day following such holiday
shall be the meeting date, at the same time and place.
2.58.180 Familiarity with Ralph M. Brown Act required.
The clerk or secretary of each board, bureau or commission shall review and be familiar with the
provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.58.200 Continuances; fee.
Any person, firm, corporation or other entity having an appeal, or other item on the agenda of
the Mayor and Common Council may request a contmuance 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 Common Council. The granting of a
continuance shall be subject to the complete discretion of the Mayor and Common 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 ninety (90) days. Any subsequent request
for a continuance shall require an additional fee. The fee provided for by this ordinance 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.
Chapter 2.70
SALE OF UNCLAIMED PROPERTY
Sections:
2.70.010 Definitions.
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 offorfeited property.
2.70.010 Definitions.
Whenever in this chapter the following words and phrases set forth in this section are used, they
shall, for the purpose of this Chapter have the meanings respectively ascribed to them in this
section: "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.
2.70.020 State statute adopted by reference.
A. California Civil Code, Sections 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.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02,2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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.
S. Notice of such sale, describing the property in sufficient detail for its identification, shall be
prepared by the City Manager or his/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 City.
C. If, after five days following the publication of the notice, no owner appears and proves his
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 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 Treasurer of the City 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 has authorized, conducted or administered, or participated in
the preparation or conduct of the sale in his 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.
2.70.040 Proceeds of sale.
The proceeds of the auction sale or sales shall immediately be deposited with the Treasurer of
the City and placed in the general fund thereof.
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.
2.70.060 Sale offorfeited proper!)'.
A. Property forfeited pursuant to TItle 21 United States Code Sections 881 et seq., and California
Health and Safety Code Section 11488 et seq., that is released to the Police Department for
disposition may be sold at public auction following the procedures set forth in Section 2.70.030,
subsections (B), (D) and (E).
8. The 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
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."
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
SECTION 3. Chapters 2.77. 2.78, 2.79, 2.80, and 2.81 of the San Bernardino Municipal
Code are hereby added to read as follows:
"Chapter 2.77
FACILITIES MANAGEMENT DEPARTMENT
Sections:
2.77.010 Established.
2.77.020 Director-Duties.
2.77.010 Established.
The Facilities Management Department is established which shall be administered by a Director
of Facilities Management. The position of Director of Facilities Management shall be filled by
appointment of the City Manager with the approval of the Mayor and Common Council.
2.77.020 Director - Duties.
The Director of Facilities Management, 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 Common Council relating to
management and maintenance of City buildings; operation of a parking enforcement program;
administration of the City's telephone 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.
Chapter 2.78
CODE COMPLIANCE DEPARTMENT
Sections:
2.78.010 Established.
2.78.020 Director-Duties.
2.78.010 Established.
The Code Compliance Department is' established which shall be administered by a Director of
Code Compliance. The position of Director of Code Compliance shall be filled by appointment
of the City Manager with the approval of the Mayor and Common Council.
2.78.020 Director - Duties.
The Director of Code Compliance, 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 Common Council relating to
enforcement of the City's Municipal Code. 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
m such programs.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79, 2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
Chapter 2.79
INFORMATION TECHNOLOGY DEPARTMENT
Sections:
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 Mayor and Common
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 Common 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.
Chapter 2.80
ANIMAL CONTROL DEPARTMENT
Sections:
2.80.010 Established.
2.80.020 Director-Duties.
2.80.010 Established.
The Animal Control Department is established which shall be administered by a Director of
Animal Control. The position of Director of Animal Control shall be filled by appointment of
the City Manager with the approval ofthe Mayor and Common Council.
2.80.020 Director - Duties.
The Director of Animal Control, 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 Common Council relating to the
management and administration of the animal control department and City's animal shelter
including, animal control field services, animal licensing, rabies control, enforcement of
Municipal Codes and State Law with regard to animals, and other such duties as may be
assigned by the City Manager. The Director shall plan, coordinate and report on all the duties
and activil1es involved in such programs.
Chapter 2.81
POLICE DEPARTMENT
Sections:
2.81.010 Appointment of Police Chief.
2.81.020 Duties of Police Chief.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
2.81.010 Appointment of Police Chief.
The Mayor shall appoint, subject to the confirmation of the Common 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 Common Council and under
the immediate supervision of the City Manager."
SECTION 4. Chapter 2.16, titled "Development Services Department," of the
San Bernardino Municipal Code is hereby repealed.
SECTION 5. Chapter 2.60, titled "Disclosure of Financial Interests," of the
San Bernardino Municipal Code is hereby repealed.
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ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING CHAPTERS 2.02, 2.04,
2.06,2.10,2.12,2.14,2.15,2.18,2.38,2.54,2.58, AND 2.70; ADDING CHAPTERS 2.77, 2.78,
2.79,2.80, AND 2.81; AND REPEALING CHAPTERS 2.16 AND 2.60 OF THE SAN
BERNARDINO MUNICIPAL CODE.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held on the
_ day of , 2006, by the following vote, to Wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Lity Clerk
The foregoing resolution is hereby approved this
day of
,2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
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JAMES F. PENMAN,
City Attorney
By: IL",~,,,
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