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- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: HUSTON T. CARLYLE, JR.
Sf- Assistant City Attorney
Dept: CITY ATTORNEY
Date: September I, 1998
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Synopsis of Previous Council action:
None.
Recommended motion:
That the Ordinance be laid over for final reading.
Contact person: Huston T. Carlyle. Jr.
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source:
Council Notes:
75-0262
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Subject:
AN ORDINANCE OF THE CITY
OF SAN BERNARDINO
AMENDING SECTION 2.40.050
OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING
TO POWERS OF MAYOR.
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Ward:
Finance:
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Phone: 5355
All
Agenda Item No. ;),4
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STAFF REPORT
Council Meeting Date: September 8,1998
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
September 1,1998
September 8,1998
The Economic Development Agency of the City of San Bernardino was established as a type
of "umbrella" agency to include the Redevelopment Agency, community development functions,
Main Street and some involvement with the San Bernardino Convention and Visitors Bureau.
In 1981, by Ordinance MC-I 05, the Mayor and Common Council established the Community
Development Commission to govern the Redevelopment Agency. This enactment provided in
Section 2.40.050 as follows:
"The Commission in the procedure for adoption of orders and resolutions 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, [and] San Bernardino Municipal Code chapter 1.08 . , , , 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 Section 50 and 52, except that the Mavor shall not be empowered
hereunder to appoint. discipline or dischari1e any officer or employee of the
Commission or A'lency. This Section is enacted pursuant to the authority of the
Health and Safety Code Part 1.7 including Section 34151, the State Constitution and
the City Charter, including Section 40 thereof," (emphasis added)
The general law is that "[a] statute should be interpreted with reference to the whole system
oflaw of which it is a part," (See People v Comini1ore (1977) 20 C 3d 142, 147) and a statute should
be construed, if possible, to give validity to its provisions (D'Amico v Board of Medical Examiners
(1970) 6 CA 3d 716, 726).
However, the State Legislature in its wisdom has vested the Charter powers of the Mayor in
the Chairman of the Community Development Commission including the dismissal powers of
Charter Sections 52 and 256. No action of the Councilor the Commission can take away those
powers. It must be concluded that the portions of San Bernardino Municipal Code 92.40.050 which
purport to restrict or prohibit those powers are in conflict with State enabling statutes and the Charter
and are therefore void. This clean-up Ordinance now reflects the proper language under the law.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.40.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWERS OF
2 MAYOR
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TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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5 SECTION 1. Section 2.40.050 of the San Bernardino Municipal Code is hereby amended
6 to now read as follows:
"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, Common 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 Sections 50,
52 and 256. "
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.40.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWERS OF
MAYOR
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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,
, 1998, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
CITY CLERK
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The foregoing Ordinance is hereby approved this _ day of
, 1997
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
21 and legal content:
22 JAMES F, PENMAN,
City Attorney
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