HomeMy WebLinkAboutMC-1220
Adopted: Karch 20, 2006
Effective: April 20, 2006
1 ORDINANCE NO. MC-1220
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
3 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
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 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2.02.100 (Repealed by MC-522)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, 2.04,
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.
2.02.040 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 andlor 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 m 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, re~ulations 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.
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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 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;
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; .
1. 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;
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.
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 general law or by the Charter of the City in the Mayor and
Common Council or 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 junsdictional maximum amount
of a small claims court.
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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
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
publicly or privately.
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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.
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 supervlSlon 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 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 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 trainin~ 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 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 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 I?erson, or authorized representative, designated by resolution of the Mayor
and Common Councll 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:
8 2.06.010 Position established.
2.06.020 Powers and duties.
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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 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 insl?ection 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.
Chapter 2.10
DEPARTMENT OF FINANCE
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 expenditures to assure that payment has been legally
authorized and appropriated, and that suffiCIent unencumbered appropriations exist for the
payment of all clmms 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 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 desi~nated 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 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.
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.
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, RECREA nON 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 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.
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 members in all fields of police activity and for that purpose may assign such members to
various police 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 termmation 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
grant~d to a regular member of the police department, subject to any limitations which the Chief
may Impose.
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 authonzed 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, 2.04,
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.
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.
Chapter 2.54
HOLIDAYS
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.
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 contemptuous 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, 300
North "D" Street, San Bernardino, California, at a regular time that shall be designated 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 another day as may be designated by the Mayor and
Common Council, commencing at the regular time designated by resolution of the Mayor and
Common Council.
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 apflicable
sections and any amendments thereto. Regular meetings shall be held at the City Hal 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 within or without the
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 of
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, 2.04,
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.
2.58.100 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 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 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 of forfeited 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.
B. 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 pubhshed 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 dehvered to the
purchaser upon payment of the purchase price.
2.70.060 Sale of forfeited 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).
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 Manager pursuant to
the applicable City procedures and State and/or Federal Laws."
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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.
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
~anager. 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
INFORMA nON TECHNOLOGY DEPARTMENT
Sections:
6 2.79.010 Established.
2.79.020 Director-Duties.
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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 ofthe 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 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 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.
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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 OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS2.02, 2.04,
2 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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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at ajt reg meeting thereof, held on the
5 20th day of March ,2006, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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~~ /J CLuJr,
I er
The foregoing resolution is hereby approved this I~O ~
day of March
,2006.
Approved as to
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JAMES F. PENMAN,
City Attorney
By: L 1-'P~
(J 'W~
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