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HomeMy WebLinkAbout02-Council Office S ection 1 Boards and Q Commissions o �z y-26-/l CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subiect Review of Boards and Commissions Background Over the years, the Mayor and Common Council have adopted a number of resolutions and ordinances related to the establishment of Boards and Commissions in addition to those identified in the Charter. On October 18, 2004 the Mayor and Common Council adopted an ordinance relative to abolishing certain Boards and Commissions which had been inactive. On May 18, 2009, the Mayor and Common Council referred a recommendation to transfer the duties of the Bureau of Franchises to the Police Commission to the Legislative Review Committee for consideration. At the March 2010 retreat, entitled "Building a Better Community," the Mayor and Common Council defined a vision and identified a set of strategic goals to achieve that vision. During this retreat, one of the strategic initiatives presented for consideration was a Review of Boards and Commissions. The purpose of this initiative was to improve the efficiency of Mayor and Common Council appointed Boards and Commissions. As the Mayor and Common Council review the number, roles, and responsibilities of the various Boards and Commissions, there are several issues that staff has identified for consideration: Eliminating Boards and Commission that have served their purpose or are inactive. There are three commissions recommended for elimination: The Central City Parking Place Commission has been inactive for many years. There is no longer a parking district tax and the debt service for the bonds supported by that tax has been satisfied. The Community Television Commission's function was impacted by the State revising the cable franchising regulations. As the City no longer has franchise rights over the cable industry, there is no longer a regulatory role for this Commission. The Youth Advisory Commission has been inactive for some time; however, each Recreation Center has a Teen Club that provides input on programs and activities. The Parks and Recreation Department recommends continuing to work with the Teen Clubs and to schedule an annual presentation by these clubs on Youth Issues to the Parks and Recreation Commission. Page 1 ~~ dt'_~(p-~Ol~ 2. Combining Boards and Commissions with overlapping roles and responsibilities. The Mayor and Common Council may consider creating a Public Safety Commission by combining the Fire Commission, Animal Control Commission, and Bureau of Franchises together with the Police Commission. Some of these current Commissions have experienced, at times, difficulty securing a quorum. The Public Safety Commission would be jointly staffed by the Police and Fire Departments. The roles and responsibilities of the Public Safety Commission would have to be defined to include both the advisory functions and the adjudicatory functions of the existing commissions. Further, if this approach is approved by the Mayor and Common Council, consideration may be given to transferring the public safety related functions of the Human Relations Commission to the Public Safety Commission. 3. Updating, Modernizing or Amending Structure or Scope of Existing Boards and Commissions Given the nature and timing of the issues that are reviewed by the Santa Ana River Trail Commission, the Mayor and Common Council may consider amending its structure to be an ad-hoc committee. In order to achieve consistency and streamline services, an amendment to the Municipal Code regarding the duties and responsibilities of the Board of Building Commissioners may be considered to retain the Board's appeal authority of building code matters while eliminating its appeal authority on administrative citations. This amendment would create consistency between the administrative citation process and the administrative civil penalty process. 4. Standardizing Structure of Existing Boards and Commissions In order to standardize, where possible, the structure of the membership of Boards and Commissions, the Mayor and Common Council may consider amending the Municipal Code to eliminate the appointment of alternates to the Commissions. A number of the Commissions that were established more recently have no alternates. Attached is a summary of the current Mayor and Common Council appointed Boards and Commissions, along with the responsible department and the recommendations for consideration. The resolutions or sections of the Municipal Code or Charter that established the Boards or Commissions are included in the Appendices. Page 2 Recommendation Discuss and take possible action regarding the scope, structure, number and possible reorganization of Mayor and Common Council appointed Boards and Commissions Page 3 Attachment A City of San Bernardino Boards & Commissions Summary ~. Food Policy Council Resolution 2000-364 15 Mayor's Office No changes recommended. Measure Z Citizens Ordinance No. MC- 9 City Manager's No changes recommended. Oversight Committee 1229 Office Handicap Accessibility Community No changes recommended. Appeals Board Resolution 94-254 5 Development Parks & Recreation Charter Article XII A Parks, Recreation, & 9 and Community No changes recommended. Commission Chapter 2.18 Services Change Municipal Code to Parks Recreation ~ eliminate in its current form. k i f Youth Advisory Chapter 2.19 12 and Community nput Continue to see rom Commission Teen Clubs and have them Services present annually to Parks and Recreation Commission Planning Commission Chapter 2.22 9 and 2 Community No changes recommended alternates Development Historical Preservation Chapter 2.23 9 and 1 non- Community No Changes Recommended Commission voting Development Central City Parking Chapter 2.24 9 Public Works Eliminate Place Commission Change Municipal Code to combine with Police Animal Control Chapter 2.26 9 and 2 Police Commission, Bureau of Commission alternates Department Franchise and Fire Commission to create Public Safety Commission Santa Ana River Trail Change Municipal Code to Commission Chapter 2.27 8 Mayor's Office make this an Ad-Hoc Committee Fine Arts Commission Chapter 2.30 9 and 2 Mayor's Office No changes recommended alternates Relocation Appeals Chapter 2.31 5 EDA No changes recommended Board Page 1 of 3 .. ~~~" ,~ ~ >' - ~Bd~r~d~l~ort~'n»~firons' ~ - :'.° Cr~ated-by 4 Number o~ l A t 12espdn~~b~e ;, =1~ ~x'~ rifi ;:. .. ' n ees ~po~ e me Change Municipal Code to combine with Animal Control Commission, Police Commission, and Bureau of Board of Fire Franchise to create Public Commissioners (Fire Chapter 2.32 9 and 2 Fire Department Safety Commission Commission) alternates If not combined, the ordinance needs to be updated and the scope and qualifications of members needs to be revised. Change Municipal Code to Board of Police combine with Animal Commissioners (Police Chapter 2.34 g and 2 Police Control Commission, Fire Commission) alternates Department Commission, and Bureau of Franchise to create Public Safety Commission Change Municipal Code to Human Relations 9, 2 alternates, remove the references to Commission Chapter 2.39 lnon-voting Mayor's Office police issues as these will be youth contained in Public Safety Committee scope. Community Development Citizen Resolution 2000-114 13 EDA No changes recommended. Advisory Committee Community Television Chapter 2.42 9 and 2 EDA Eliminate Commission alternates 1.Change Municipal Code to combine with Animal Control Commission, Police Commission, and Fire Commission to create Public Safety Commission Bureau of Franchises Chapter 2.43 9 and 2 Clerk's Office alternates 2. Chapter 5.7b regarding non-emergency medical transpiration needs to be amended as this is regulated by the State and, therefore, can not be under the Bureau's purview. Page 2 of 3 ~ ~, ~.. , Bbar l~X oris` ~ °Cr~at d 6y Nurttl~e~r of ; E Fat ` Ap~'a ~' nte Res~op~~.ible 'j.~ TSe~r~ tn t t ,~. , , lfZecoh'~m~.n'~~~i~-~~ 4 c .,~,h B e e : i i en Retain the Board's appeal authority of building code matters and eliminate appeal authority on administrative Board of Building 9 and 2 Community citations. Chapter 2.45 This amendment would Commissioners alternates Development create consistency between the administrative citation process and the administrative civil penalty process. Senior Affairs 9 and 2 Parks, Recreation, Chapter 2.49 and Community No changes recommended Commission alternates Services ~,~ ~~~~ r. ~,F ~, } .ii Boards _ si+b~s' Civil Service Board Charter Section 246 5 Civil Service No changes recommended Board of Library Trustees Charter Section 205 5 Library No changes recommended Board of Water Commissioners Chapter 2.28 5 Water No changes recommended l~T~l~ila~-Tame T3~ard- City ~1-tanager Na cl~aziges'reearrzi~eided ~lipointeclis`b~=11T&CC Chapter 8.90.1...10. delcgatGd Co EDA Park Owner's Representative 8 Park Owner's Representative- Alternate 8 Home Owner's Association 8 Home Owner's Association- Alternate 8 Neutral Representative 1 8 Neutral Representative 2 8 Neutral Representative 3 8 Page 3 of 3 Appendices IQ Boards, Bureaus and Commissions -General Chapter 2.17 B Food Policy Council Resolution C Measure "Z" Citizens Oversight Committee Ordinance ~ Handicap Accessibility Appeals Board Resolution E Parks & Recreation Commission Chapter 2.18 F Youth Advisory Commission Chapter 2.19 G Planning Commission Chapter 2.22 H Historical Preservation Commission Chapter 2.23 ~ Central City Parking Place Commission (Inactive) Chapter 2.24 J Animal Control Commission Chapter 2.26 K Santa Ana River Trail Commission Chapter 2.27 L Board of Water Commissioners Chapter 2.28 M Fine Arts Commission Chapter 2.30 N Relocation Appeals Board Chapter 2.31 Q Board of Fire Commissioners Chapter 2.32 P Board of Police Commissioners Chapter 2.34 Q Human Relations Commission Chapter 2.39 R Community Development Citizen Advisory Committee Resolution S Community Television Commission Chapter 2.42 T Bureau of Franchises Chapter 2.43 U Board of Building Commissioners Chapter 2.45 ~/ Senior Affairs Commission Chapter 2.49 W Mobile Home Board Chapter 8.90 X Civil Service Board City Charter Y Library Board City Charter Chapter 2.17 BOARDS, BUREAUS AND COMMISSIONS -GENERAL Sections: 2.17.010 2.17.020 2.17.030 2.17.035 2.17.040 2.17.050 2.17.060 2.17.070 2.17.080 2.17.090 2.17.100 2.17.110 (City Attorney Opini~ General provisions. Members. Nomination -Terms. Alternate Members. Appointment -Registered voter requirement - Compensation -Oath. Oath of Office. Chairman -Meetings -Absences. Quorum. Hearing Officer(s) Hearing Officers; Powers; Absence of Quorum. Hearing Officers; Powers; Referrals. Hearing Officers; Appeals of Decision ~n No. 93-8) 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. A 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 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 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-803, 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-803, 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-803, 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-803, 8-7-91) . , RESOLUTION NO. 2000-364 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDiNO ESTABLISHING THE SAN BERNARDINO GARDEN COLLABORATIVE FOOD POLICY COUNCIL TO FORMULATE AND RECOMMEND LONG-TERM FOOD POLICIES TO PROMOTE FOOD SECURITY IN THE CITY OF SAN BERNARDINO. WHEREAS, on February 7, 2000 the Mayor and Common Council approved Resolution No. 2000-23 authorizing the Director of Parks, Recreation and Community Services Department to apply for and administer a grant in the amount of $25,000 from California Healthy Cities and Communities and Food for All; and WHEREAS, the aforementioned grant establishes the San Bernardino Garden Collaborative to promote improved family nutrition to under-served City of San Bernardino ;and WHEREAS, the goal of the San Bernardino Garden Collaborative Project is to enhance quality of life for San Bernardino residents in low-income areas by, among other things, the ion of a community food policy council that will formulate and recommend to the Mayor Common Council at least one new policy promoting food security in the City of San ino; and 1 2 3 4 5 6 7 9 10 11 12 13 14 151 26 17 IS 19 WHEREAS, the community food policy council should be representative for the 21 22 23 to promote the sustainability of the San Bernardino Garden Collaborative, and 25 it intends to serve for the purposes of promoting policies related to food security for residents, expanding elementary school gardens, exploring possibilities of funding and implementing projects and programs that will promote food secwity in the City San Bernardino. 27 // 28 // 1 2000-364 Z RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE SAN BERNARDINO GARDEN ~ COLLABORATIVE FOOD POLICY COUNCIL TO FORMULATE AND RECOMMEND LONG-TERM FOOD POLICIES TO PROMOTE FOOD SECURITY IN 3 THE CI'T'Y OF SAN BERNARDINO. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. There is hereby created the San Bernardino Garden Collaborative Food Policy Council ("Food Policy Council") which shall consist of fifteen (15) members, each 9 appointed by the Mayor, with the approval of the Common Council, and each serving at the 10 ~ I pleasure of the Mayor and Common Council. 12 SECTION 2. Members of the Food Policy Council shalt come from and represent Y3 groups that are involved with promoting food security for low-income residents in the City of 14 San Bernardino, including but not necessarily limited to such groups as: Y5 Anti-Hunger Advocates & Emergency Food Providers I6 Health Professionals, Advocates, Educators and Parents 1 ~ Religious Organizations Neighborhood or Community Organizations 18 Community Development Institutions Community Gardeners 29 Farmers & Farmer's Market Stand Operators 20 Sustainable Agriculture Interests Environmentalists 21 Food Retailers & Food Processing Industry Representatives Labor Organizations 22 Public Transportation Entities 23 Representatives of Local Government Departments Elected Officials 24 At-Large Representatives 25 SECTION 3. The Food Policy Council shall: 2G A. Act as an advisory council to the Mayor and Common Council on issues 27 involving improved family nutrition to under-served residents in the City of San Bernardino. 28 2 2000-364 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE SAN BERNARDINO GARDEN 2 COLLABORATIVE FOOL} POLICY COUNCIL TO FORMULATE AND RECOMMEND LONG-TERM FOOD POLICIES TO PROMOTE FOOD SECURITY IN 3 THE CITY OF SAN BERNARDINO. 4 5 B. Actively seek advice from community councils on nutrition and health fi hunger advocacy organizations, the San Bernardino Unified School District, elected officials and ry the general public for the purpose of making recommendations to the Mayor and Common 8 Council on issues of concern regarding food security. 9 10 C. Explore alternative funding possibilities to promote sustainability of the 11 San Bernardino Garden Collaborative, and the development and implementation of projects and 12 programs that would promote food security in the City of San Bernardino. 13 D. Hald public meetings to gather input on issues of concern regarding food 14 security with the general public and other interested individuals. 15 E. Prepare an annual report that gives recommendations to improve the lives is of the residents of the City of San Bernardino, and a summary of activities for the previous 17 18 calendar year, far the Mayor and Common Council. 19 /// 20 /i/ 2s /~~ 22 /// 23 /// 24 /// 25 26 u/ 2~ /~~ 28 //1 3 2000-364 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE SAN BERNARDINO GARDEN 2 COLLABORATIVE FOOD POLICY COUNCIL TO FORMULATE AND RECOMMEND LONG-TERM FOOD POLICIES TO PROMOTE FOOD SECURITY IN ~ THE CITY OF SAN BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a Joint Regular Meeting, thereof, 8 held on the 18th day of December , 2000, by the following vote, to wit: g COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 10 ESTRADA x 11 LIEN x 12 MC GINNIS x 13 ~ SCHNETZ I4 15 SUAREZ x 16 DEAN ANDERSON x ~~ MC CAMMACK x 18 ~, r~ C~h.-~ ~ ~ ac ~CI-ar , i y er 20 The foregoing resolution is hereby approved this ~ dad of Decembex , ZOOQ. 2! WMcCammack ~ Approved as to form Mayor Pro Tem City of San Bernardino 23 and legal content: 24 James F. Penman 25 City Attorney 26 By: ` 27 2- -00 dib 28 d Adopted; August 21, 2006 Effectivea November 8, 2006 (If approved by voters on November 7, 2006) 1 ORDINANCE NO. Mc-12~s 2 AN ORDINANCE OFTHE CITY OF SANBERNARDINO IMPOSING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF 3 EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 ET SEQ., SUBJECT TO VOTER APPROVA L, AND PROV[DING FOR SUNSET OF THE 4 TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COI~'IMITTEE. S BE IT RESOLVED THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Titte. This ordinance shat! be known as the City of San Bernardino 8 Transactions, and Use Tax Ordinance. The City of San Bernardino hereinaftershall be called "City." 9 This ordinance shall be applicable in the incorporated territory of the City. 10 SECTION 2. Operative Date. "Operative Date" means the first day of the first calendar 11 quarter commencing more than 110 days after November 7, 2006. 12 SECTION 3. Pur ose. This ordinance is adopted to achieve the following, among other 13 purposes, and directs that the provisions hereof be interpreted i n order to accomplish those purposes: 14 A. To impose a retail transactions, and use tax in accordance with the provisions of Part 15 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation 16 Code and Section 7285.9 of Part 1.7 of Division 2, that authorize the City to adopt 17 this tax ordinance, which shall be operative only if a majority of the electors voting 18 on the measure vote to approve the imposition of the tax at an election called for that • 19 purpose. 20 B. To adopt a retail transactions and use tax ordinance that incorporates provisions 2 t identical to those of the Sales and Use Tax Law of the State of California insofar as 22 those provisions are not inconsistent with the requirements and limitations contained 23 in Part 1.6 of Division 2 of the Revenue and Taxation Code. 24 C. To adopt a retail transactions and use tax ordinance that imposes a tax, and provides 25 a measure therefore that can be administered, and collected by the State Board of 26 Equalization in a manner that adapts itself as fully as practicable to, and requires the 27 least possible deviation from the existing statutory and administrative procedures 78 followed by the State Board of Equalization in administering and collecting the t)HC/js (4rdinanccs~Genei~JTransardcros.tlsc Tax.CJrJ] J Revised 8/7/UG Mc-izzs 1 AN ORDINANCEOFTHECITYOFSANBERNARDINOIMPOSINGAGENERAL 2 TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 3 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMiVIITTEE. 4 5 California State Sales and Use Taxes. 6 D. To adopt a retail transactions and use tax ordinance that can be administered in a 7 manner that will be, to the greatest degree possible, consistent with the provisions of $ Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the evst of 9 collecting the transactions and use taxes, and at the same time, minimize the burden !0 of record keeping upon persons subject to taxation under the provisions of this 11 ordinance, 12 SECTION 4. Contract With State. Prior to the operative date, the City shall contract with 13 the State Board of Equalization to perform all functions incident to the administration and operation 14 of this transactions and use tax ordinance; provided, that if the City shall not have contracted with 15 the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in 16 such a case the operative date shall be the first day of thz first calendar quarter following the 17 execution of such a contract. I 18 SECTION 5. Transactions Tax Rate. For the privilege of selling tangible personal 19 property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City 20 at the rate of 0.25% of the gross receipts of any retailer from the sale of all tangible personal property 21 sold at retail in said territory on and after the operative date of this ordinance. 22 SECTION 6. Ptace of Sale. For the purposes of this ordinance, all retail sales are 23 consummated at the place of business of the retailer unless the tangible personal property sold is 24 delivered by the retailer or his agent to an out-of-state destination or to a common carver for deli very 25 to an out-of-state destination. The gross receipts from such sales shall include delivery charges, 26 when such charges are subject to the state sales and use tax, regardless of the place to which delivery 27 is made. In the event a retailer has no permanent place of business in the State or has more than one 28 /// DHC/js [ordinance5lGenerafTranwctions.lJse Tax.ordj ? Revised 8/7/06 xc-i22s 3 4 5 6 7 8 9 10 11 , 12 13 i4 IS 1G 17 1$ 19 20 21 22 ANORDINANCE OFTHE CITY OFSAN BERNARDINO IMPOSING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7252 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. place of business, the place ar places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adapted by the State Board of Equalization. SECTION 7. Use Tax Rate. An excise tax is hereby imposed on the storage, use or other ~~ consumption in the City of tangible personal property purchased from any retailer on, and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1 0.25% of the sales price of the property. The sales price shall include delivery charges when such i charges are subject to state sales or use tax regardless of the place to which delivery is made. SECTION 8. Adoption of Provisions of State Law. Except as otherwise provided in this ordinance, and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted, and made a part of this ordinance as though fully set forth herein. SECTION 9. Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of Califomia is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 23 24 25 26 27 28 /// 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the DHC/js (ordinances\GcneralTransactions Use TaxArdj 3 Revised 8/7/OG MC-1229 1 2 3 4 5 6 7 9 i0 . 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF ' EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THF. TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. administration or operation of this ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use orotherconsumption of tangible persona) property which would not otherwise be exempt from this tax while such sales, b storage, use or other consumption remain subject to tax by the State i under the provisions of Part 1 of Division 2 of the Revenue and II TaxatiogCode, or; Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof,) 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203, and in the definition of that phrase in Section 6203. SECTION 10. Permit Not Required. If a seller's permit has been issued to a retailer under ', Section 6067 of the Revenue and Taxation Code, an additional transaction's permit shall not be required by this ordinance. . SECTION 11. Exemptions and Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the 28 ~~ amount of any sales tax or use tax imposed by the State of California or by any city, DHC/js [Ordinances~GeneraiTransaclions.Use Tax.ordj 1 Revised 817/OG Mc-1zz9 3 4 5 6 17 18 19 20 21 22 23 24 25 26 27 28 / 1 / AN ORDIIS'ANCE OFTHE CITY OF SAN BERNARDINO IMPOSING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. ', city and county, or county pursuant to the Ba-adley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in ? B. 8 9 10 which the sale is made and directly and exclusively in the use of such aircraft !; as commas can•iers or persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the resat ler or his agent, or by deli very by the retai ler to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles {other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft Licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (connecting with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; 11 12 I3 14 15 16 and DHCfjs [OrdinanceslGeneralTransactions.Use Tax.Ordj 5 Revised B/7/OG HC-2229 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING A GENERAL ~ TRANSACTIONS AND USE TAX TO BE AD?~1INISTERED BY THE STATE BOARD OF '" EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 3 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. 4 5 b. With respect to commercial vehicles, by registration to a place of 6 business out-of-City, and declaration underpenalty of perjury, signed 7 by the buyer, that the vehicle will be operated from that address. B 3. The sate of tangible personal property if the seller is obligated to furnish the 9 property for a fixed price pursuant to a contract entered into prior to the 10 operative date of this ordinance. I1 4, A lease of tangible personal property which is continuing sale of such 12 property, for any period of time for which the lessor is obligated to lease the 13 property for an amount fixed by the lease prior to the operative date of this 14 ordinance. 15 5. For the purposes of subparagraphs (3), and (4) of this section, the sale or 16 lease of tangible personal property shah be deemed not to be obligated 17 pursuant to a contract or lease for any period of time for which any party to 1$ the contract or Iease has the unconditional right to terminate the contract or 19 lease upon notice, whether or not such right is exercised. 20 C. There are exempted from the use tax imposed by this ordinance, the storage, use or Z1 other consumption in this City of tangible personal property: 22 1. The gross receipts from the sale of which have been subject to a transactions 23 tax under any state-administered transactions, and use tax ordinance. 24 2. Other than fuel or petroleum products purchased by operators of aircraft, and 25 used or consumed by such operators directly, and exclusively in the use of 2b such aircraft as common ca-Yiers of persons or property for hire or 27 compensation under a certificate of public convenience, and necessity issued i 28 pursuant to the laws of this State, the United States, or any foreign aHCljs (OrdinanceslGeneniTransactions.Use Tax.Ordt G Re~~ised 81?/OG MC-1229 1 AN ORDINANCE OF THE CITY OF SAN BER1\'ARDINO IMPOSING A GENERAL ~ TRANSAGTEONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF " EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 3 ET SEQ., SUBJECT TO VOTER. APPROVAL, AND PROVIDING FOR SUNSET' OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. 4 5 government. This exemption is in addition to the exemptions provided in 6 Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of 7 California. 8 3, Tf the purchaser is obligated to purchase the property for a fixed price 9 pursuant to a contract entered into prior to the operative date of this 10 ordinance. 11 4. if the possession of, or the exercise of any right or power over, the tangibfe 12 personal property arises under a lease which is ~ continuing purchase of such 13 property for any period of time for which the lessee is obligated to cease the 14 property for an amount fixed by a lease prior to the operative date of this IS ordinance. lb 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or 17 other consumption, or possession of, or exercise of any right or power over, 18 tangibfe personal property shall be deemed not to be obligated pursuant to a 14 contract or lease for• any period of time for which any party to the contract or 20 Lease has the unconditional right to terminate the contract or Lease upon 21 notice, whether or not such right is exercised. 2? 6. Except as provided in subparagraph (7), a retailer engaged in business in the 23 City shalt not be required to collect use tax from the purchaser of tangible 24 personal property, unless the retailer ships or delivers the property into the 25 City or participates within the City in matting the sate of the property, 2b including, but not limited to, soliciting or receiving the order, either directly ?7 or indirectly, at a place of business of the retailer in the City or through any 28 representative, agent, canvasser, solicitor, subsidiary, or person in the City Mc-izz~ 1 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO IMPOSING A GEI~'ERAL ~ TRANSACT[ONS AND USE TAX TO BE ADMINISTERED BY 1'HE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 72~I 3 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COIti71YIITTEE. 4 under the authority of the retailer. 5 7, "A retailer engaged in business in the City" shall also include any retailer of 6 any of the following: vehicles subject to registration pursuant to Chapter 1 7 (commencing with Section 4000) of T~ivision 3 of the Vehicle Cade, aircraft 8 Licensed in compliance with Section 21411 of the Public Utilities Code, or 9 undocumented vessels registered under Division 3.5 (commencing with 10 Section 9840) of the Vehicle Code. That retailer shall be required to collect 11 trse tax from any purchaser ~vho registers or licenses the vehicle, vesseE, or 12 aircraft at an address in the City. 13 D. Any person subject to i~se tax under this ordinance may credit against that tax any 14 transactions tax or reimbursement for transactions tax paid to a district imposing, or IS retailerliable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue 16 and Taxation Code with respect to the sale to the person of the property the storage, 17 use or- other consumption of which is subject to the use tax. 18 SECTION 12. Amendments To State Law. All amendments subsequent to the effective 19 date of this ordinance to Part 1 of Di vision 2 of the Revenue and Taxation Code relating to sales, and ZO use taxes and which are not inconsistent with Pats ] .6 and Part 1.7 of Division 2 of the Revenue and 21 Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and 22 Taxation Cade, shall automatically become a part of this ordinance, provided however, that no such 23 amendment shall operate so as to affect the rate of tax imposed by this ordinance. 24 SECTION 13. Enjoining Col[ectian Forbidden. No injunction or writ of mandate orother 25 legal or equitable process shall issue in any suit, action or proceeding in any court against the State 26 or the City, or against any officer of the State or the City, to prevent or enjoin the collection under 27 this ordinance, or Part 1.6 of Divi Sion 2 of the Revenue and Taxation Code, of any tax or any amount 78 IIHf':ic !(lr.iin~nrrc\f:,•n•r~ITnnen~~innc Ikr Tyr (lrr}i R Revised R/~/OG 1 3 4 5 6 7 8 9 i0 11 12' 13 14 15 16 l7 18 19 2a 21 22 xc-><22s AN ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSI\'G A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7?51 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE. of tax required to be collected. SECTION 14. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 15. Effective Date, and Submission To Voters This ordinance relates to the levy and collection of City transactions and use taxes and shall take effect immediately upon its approval by the voters of the City. SECTION 16. Amendment, and Termination Date. The authority to levy the tax i mposed by this ordinance shall expire 15 years after the Operative Date defined in Section 2 of this ordinance. However, as required by Article XIIIC of the California Constitution, no amendment to this ordinance may increase the rates of the taxes above 0.25% without voter approval. SECTION 17. Declaration. The proceeds of the taxes imposed by this ordinance maybe used for any lawful purpose of the City, as authorized by ordinance, resolution or action of the Mayor and Common Council. These taxes are not special taxes within the meaning of Section 1(d) of Article XIIIC of the California Constitution, but are general taxes imposed for general government purposes. SECTION 18. Citizen's Advisory Commute .The Mayor and Common Council shall create a Citizen's Oversight Committee, which shall review the expenditure of proceeds of the taxes imposed by this ordinance-and report on chose expenditures to the voters of the City at least once a 23 year. 24 25 ?6 27 ,~ 28 SECTION 19. Execution. The Mayor and City Clerh are authorized to subscribe this Ordinance where indicated below to evidence its approval by the voters of the City. /// /// UHC/is {Ordinanccs~GencrolTrai~sacti<ms.Use 9'ax.Ord) 9 Revise) S/7/OG MG-1229 l 3 4 5 6 7 8 9 10 Ii 12 13 I4 IS 16 17 18 19 2a 21 22 23 24 ~~ 26 27 28 AN ORDINANCE OFTHE CITY OF SAN BERNARDINO IMPOSING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PURSUANT TO REVENUE AND TAXATION CODE SECTIONS 7251 ET SEQ., SUBJECT TO VOTER APPROVAL, AND PROVIDING FOR SUNSET OF THE TAX, AND THE CREATION OF A CITIZEN'S OVERSIGHT COMMITTEE, I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernai-dina at a joint regular meeting thereof, held on the 21st day of _ August , 2006, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA % BAXTER % VACANT DERRY % KELLEY % JOHNSON % MCCAMMACK %' .•1 F „ Rac el G. Clark, City Clerk The foregoing Ordinance is hereby approved this ~'~~''rda'y of August , 2006. ,---~. Patr ck 7. Mom , a ._.__. i y of San Bernardino Approved as to Fonn: Michael G. Colantuono, Special Counsel )HGjs (Ordinances\GeneralTransactions.tlse Tas.ord( !0 Revised 8/7/OG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-254 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF SAID CITY TO APPOINT A HANDICAP ACCESSIBILITY APPEALS BOARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to appoint a five (5) member Handicap Accessibility Appeals Board in accordance with provisions of Section 19957.5 of State of California Health and Safety Code. SECTION 2. The Handicap Accessibility Appeals Board shall conduct hearings on written appeals to Notices of Violations and applications for Unreasonable Hardship Exception, in accordance with applicable State laws and procedures and regulations adopted by the Mayor and Council. SECTION 3. The Handicap Accessibility Appeals Board decision shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure Section 1094.6, arty action to revie~r the decision of the Handicap Accessibility Appeals Board shall be commenced not later than the ninetieth (90th) day after the date the Handicap Accessibility appeals Board's order is adopted. / / / / / / / / //// //// / / / / / / / / 8-4-94 3• s RE,CiO: AUTFIORIZING APPOINTMENT OF•HANDICAP ACCESSIBILITY APPEALSI BOARD II 1 2 3 4 5 s 7 8 9~1 10 11 12 13 14 15 is 17 18 I9 20 21 22 23 24 25 26 27 28 94-254 I HEREBY CERTIFY that the foregoing resolution was duly) adopted by the Mayor and Common Council of the City of San Bernardino at a ~~;n snP~,a~ meeting thereof, held on the 18th day of A~~„mot , 1994, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE X X CURLIN HERNANDEZ x OBERHELMAN x DEVLIN X POPE--LUDLAM x MILLER Rachel lark, City Glerk The foregoing resolution is hereby approved this F day of August 1994. ~~~ ~~ z Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney ,~ By r _ 2 Chapter 2.18' PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Sections: 2.18.010 Created. 2.28.020 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. (Ord. MC-1220, 3-20-06; Ord. MC-299,8- 15-83; Ord. 3347 §1, 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 §2,1973.) 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: 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; 1 For charter provisions on the Park and Recreation Commission, see Charter Art. XII-A. 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 §3, 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-1220, 3-20-06; Ord. MC-299, 8-15-83; Ord. 3347 §4, 1973.) Chapter 2.19 YOUTH ADVISORY COMMISSION Sections: 2.19.005 Purpose 2.19.010 Members -Appointment -Terms 2.19.013 Progression from Apprentice to Advisory Commissioner 2.19.015 Absences -Vacancies 2.19.020 Purpose -Duties 2.19.030 Meetings 2.19.040 Conduct 2.19.005 Purpose. There is hereby established in the City of San Bernardino a Youth Advisory Commission. The purpose of this Commission is to involve young people in local governance, to engage youth in creating positive social change, and to serve in an advisory capacity to the Mayor and Common Council on topics relating to needs, priorities, programs and opportunities for youth in the community. 2.19.010 Members -Appointment -Terms. The Youth Advisory Commission shall consist of 19 voting members between the ages of 15-23, serving without compensation at the pleasure of the Mayor and Common Council. All appointees shall be residents of the City and have an awareness and understanding of the needs of young people in San Bernardino. Commissioners shall be appointed as follows: a) 2 members appointed by each Council Member. b) 5 members appointed by the Mayor Each Councilperson shall appoint two (2) members, who need not be residents of their Ward, to serve for the term of their office. The Mayor shall appoint five (5) members, who are residents of the City, to serve for the term of the Mayor. All appointments shall be subject to the approval of the Common Council. 2.19.013 Progression from Apprentice to Advisory Commissioner. A. Any appointed Commissioner who is under the age of 18 at the time of appointment shall serve as an Apprentice Commissioner. These Commissioners shall be responsible for fulfilling the duties and purposes of the Commission while representing the youth of the City of San Bernardino. B. Any appointed Commissioner who is 18 years of age or older at the time of appointment shall serve as an Advisory Commissioner. These Commissioners shall be responsible for fulfilling the duties and purposes of the Commission while representing the college age youth of the City of San Bernardino. Under the guidance of City staff, Advisory Commissioners shall assume the task of staffing the Commission which includes organizing and managing the Commission meetings, keeping Minutes of Action taken at meetings, filing all meeting notices and minutes with the City Clerk's Office and serving as mentors to the Apprentice Commissioners. Advisory Commissioners shall not serve in a supervisory capacity. All Advisory Commissioners shall be subject to a "live-scan" background check within 30 days of the date of appointment. C. In the event that an Apprentice Commissioner reaches the age of 18 during their term, he/she shall be automatically promoted to Advisory Commissioner on their birthday. Within 30 days of their turning 18, Advisory Commissioners shall be subject to a "live-scan" background check. Non-compliance within the 30 day time period will result in automatic removal from the Commission. 2.19.015 Absences -Vacancies. If any member of the Commission fails to attend three consecutive regular meetings without contacting staff or their designee prior to the absence(s), he or she will automatically cease to be a member of the Commission. Vacancies shall be filled in the manner set forth in San Bernardino Municipal Code Section 2.17.030. 2.19.020 Purpose -Duties. The Youth Advisory Commission shall: A. Work with the City and community based organizations to develop a Youth Master Plan. B. Provide an avenue for youth to express their concerns, ideas and recommendations. C. Act in an advisory capacity to the Mayor and Common Council and other City Commissions in all matters pertaining to youth issues. D. Encourage and promote youth involvement and participation in City and community activities. E. Work with community based organizations, such as the Inland Congregations United for Change, and other governmental agencies to advocate for youth. F. Promote public understanding of the accomplishments being made by youth in the City. G. Positively represent and act as role models to youth in the community. 2.19.030 Meetings. Meetings shall be held monthly or as requested by the Mayor and Common Council. A quorum shall consist of a majority of the membership of the Commission. A quorum shall be required for official action. Advisory Commissioners will be assigned the duty of administering the meetings. City staff will be present to work with the Commissioners to assist them in meeting their goals. Meetings of the Commission shall be open to the public and subject to all of the terms of the Ralph M. Brown Act, Section 54950.5 et seq., California Government Code. 2.19.040 Conduct. Each Commissioner is a representative of his/her school and community. Individuals shall demonstrate the high standards of behavior expected of Youth Advisory Commission members in and out of organized activities. (Ord. MC-1284, 9-15-08; Ord. MC-1254, 09-04-07) Chapter 2.22 PLANNING COMMISSION' Sections: 2.22.010 2.22.020 2.22.030 2.22.040 2.22.050 2.22.060 Members -Appointment. Duties. (Repealed by MC-277.) (Repealed by MC-277.) Function and duty. (Repealed by MC-277.) 2.22.010 Members -Appointment. 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. 1815 §1, 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 §2,1948.) (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. 1815 §5, 1948.) 2.22.060 (Repealed by MC-277.) ' For statutory provisions on City planning commissions, see Gov. Code §65150; for provision on City planning, see Gov. Code §65100 et seq. C Chapter 2.23 HISTORICAL PRESERVATION COMMISSION 2.23.010 Purpose 2.23.020 Members -Appointment -Term 2.23.030 Duties 2.23.040 Meetings -Chairperson -Absences 2.23.010 Purpose. The purpose of the Historical Preservation Commission is to promote the general welfare of the City by providing for the identification, protection, and enhancement of buildings, structures, areas, streets, districts, neighborhoods, sites and natural landscapes that have special historical, archeological, cultural or aesthetic value to the City. 2.23.020 Members -Appointment -Term The Historical Preservation Commission shall consist of nine (9) voting members who shall serve without compensation at the pleasure of the Mayor and Common Council. Members shall be nominated and appointed and shall serve pursuant to the provisions of Chapter 2.17, except that members need not be residents of the ward of the nominating Councilmember. The Mayor shall nominate two (2) members, who are residents and registered voters of the City, plus one (1) non-voting advisory member, who need not be a resident of the City, to serve for the term of the Mayor. All members must have a prior demonstrated interest, competence or knowledge of the historical preservation of the City. 2.23.030 Duties. The Historical Preservation Commission shall: A. Serve in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. B. Assist in evaluating Mills Act applications. C. Make recommendations, as requested, to the Planning Commission regarding proposed general plan, zoning, and map changes that impact designated areas. D. Promote public interest in, and understanding of, historical and scenic properties and the preservation thereof. E. Seek out information and advise the Mayor and Common Council on funding opportunities for historical preservation. 2.23.040 Meetings -Chairperson -Absences. The Historical Preservation Commission shall hold meetings and shall function pursuant to the provisions of Chapter 2.17 except that meetings shall be held quarterly or as requested by the Planning Commission or the Mayor and Common Council. (Ord. MC-1245, 05-07-07) Chapter 2.24 CENTRAL CITY PARKING PLACE COMMISSION Sections: 2.24.010 2.24.020 2.24.030 2.24.040 2.24.050 2.24.060 2.24.070 2.24.080 2.24.090 Members -Appointment Representation of public generally. Responsibilities. Recommendations. Time-limit parking controls and restrictions. Review of improvements, modifications or deletions of parking places. Responsibility for recommending parking requirements. Annual estimate of proposed expenditures. 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 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. 3646 §1, 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 §2, 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 §3, 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 T 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 §4, 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 §5, 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 §6, 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 waiver being granted by any other agency of the City. (Ord. MC-277,6-6-83; Ord.3646 §7, 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. 3646 §8, 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. 3646 §9, 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. 3814 §1 (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 §1 (part), 1979. ) J Chapter 2.27 SANTA ANA RIVER TRAIL COMMISSION Sections: 2.27.010 Members -Appointment. 2.27.020 Duties. 2.27.030 Chairperson -Meetings -Absences. 2.27.040 Conflict of interest. 2.27.010 Members -Appointment. The Santa Ana River Trail (BART) Commission of the City shall consist of eight (8) members that serve at the pleasure of the Mayor and Common Council. Members shall be appointed on the basis of demonstrated knowledge and experience with the Santa Ana River Trail, recognized dedication to the project, or a deep interest in the City of San Bernardino section of the BART. The Mayor and each of the seven Council Members shall nominate one (1) member that serves during the term of their office. Those appointees shall be subject to the approval of the Common Council. The Mayor shall appoint dedicated representatives that serve at the pleasure of the federal, state and county elected officials representing the BART region. The Mayor shall also appoint dedicated representatives from the Mayor's Office, Economic Development Agency, City Administration, Parks and Recreation, Police, Development, Fire, Animal Control and the Public Services Departments to assist the Commission in the realization of the recommendations in accordance with the BART Concept Plan and to ensure the public health, safety and enjoyment of those persons using the BART in the city's jurisdiction. Those appointees shall not be subject to the approval of the Common Council. The Chairperson shall appoint dedicated representatives that include, but are not limited to, representatives from the following stakeholder groups. Those appointees shall not be subject to the approval of the Common Council: • City of San Bernardino Park & Recreation, Police, Senior Affairs, Human Relations and Community Development Citizens Advisory Commission Members • Former appointees of the BART Blue Ribbon Committee • California State University, San Bernardino Water Resources Institute • National Parks Service • San Bernardino County Regional Parks • Santa Ana Watershed Project Authority • San Bernardino Water Conservation District • Riverside Public Utilities District • San Bernardino County Public Health • San Bernardino County Schools • San Bernardino City Unified School District • California State Parks Department • The Wildlands Conservancy • Inland Valley Development Agency • San Bernardino International Airport • Stater Brothers Market • Hillwood Investments I • Arrowhead Credit Union • San Bernardino Associated Governments • CALTRANS • Environmental (habitat and wildlife) advocates • Trail Advocacy Organizations • Environmental Educators • Registered Nurses • Medical Providers (hospitals and providers) • Faith Community Subsequent vacancies shall be filled and appointments shall be made in the manner hereinbefore set forth. Each member shall serve without compensation. Nomination and appointment of a successor member at any time shall terminate the appointment of any member without need for a formal removal action. 2.27.020 Duties. The Santa Ana River Trails Commission shall: A. Make recommendations to the Mayor and Common Council regarding the development and promotion of the City of San Bernardino section of the Santa Ana River Trail in accordance with the SART Concept Plan adopted by the Mayor and Common Council October 17, 2005. The Commission's formal recommendations quarterly at regularly scheduled meetings of the Mayor and Common Council or as may be necessary to respond to time sensitive opportunities. B. Work with public and private cultural organizations to promote the efficient utilization of community resources. C. Review the financial needs of the SART and recommend grant opportunities, benefactors or the resources that may be available to achieve the overall goals as provided by the Santa Ana River Trail Concept Plan. D. Accomplish specific projects related to the Santa Ana River Trail Concept Plan. 2.27.030 Chairperson -Meetings -Absences. The Santa Ana River Trail 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.) 2.27.040 Conflict of interest. The Mayor and Common Council declare that the individuals appointed to the SART Commission are intended to represent and further the interests of all organizations and professions and that such representation and furtherance serves the public interest. (Ord. MC-1225, 6-05-06) Chapter 2.28 BOARD OF WATER COMMISSIONERS' Sections: 2.28.010 Approval of rules and regulations. 2.28.020 Violation-Penalty. 2.28.030 Service outside City limits. 2.28.040 Water rates approval by Council resolution. 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) ' For charter provisions on the Board of Water Commissioners, see Charter Art. IX. L 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. 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 Council member shall nominate one (1) member who shall serve during and for the term of the nominating Council member. 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 Council member or Mayor, provided that when a vacancy shall occur in the office of a Council member or the Mayor, the applicable term of the member of the Commission shall continue until a successor has been nominated by the Council member 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 Council member 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. ) M 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. 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 §1 (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 §1 (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. 3875 §2, 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. 3875 §3, 1979.) N 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 §1, 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 §2, 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 §3, 1970.) (City Attorney Opinion No. 93-8) V Chapter 2.34 BOARD OF POLICE COMMISSIONERS 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. 2370 §1, 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 §2, 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. 2370 §3, 1961.) (Cify 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 to attract public comment or inquiry. (Ord. MC-277, 6-6-83; Ord. MC-160, 5-3-82; Ord. 3345, 1973; Ord. 2370 §4, 1961.) Chapter 2.39 HUMAN RELATIONS COMMISSION Sections: 2.39.010 2.39.020 2.39.030 2.39.040 2.39.050 2.39.060 2.39.070 2.39.080 2.39.090 2.39.100 2.39.110 2.39.010 Findings. Findings Purpose and intent. Scope. Definitions. Human Relations Commission Established. Powers and Duties. Cooperation with other Communities and Agencies Complaint Resolution Process. Individual Remedies. Meetings Severability. 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, (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 Q 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 inter- group 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-887, 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 may or may not meet directly. (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-886, 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 shah 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, (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-887, 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 by-laws 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. (g) 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: (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 Manager 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. (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 hislher 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-887, 1993; MC-886, 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-887, 1993; Ord. MC- 886, 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 §6450, et seq.). (c) A party to this process retains all legal or constitutional privileges and defenses to the extent allowed by law. (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-887, 1993; Ord. MC-886, 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-887, 1993; Ord. MC-886, 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-887, 1993; Ord. MC-886, 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. MC-887, 1993; Ord. MC-886, 1993) ,/ ~,~ ~ ~. ~2 4 9 10 11 12 13 la 1S Ib 17 18 19 20 2t 22 23 24 25 RESOLUTION NO. 200--.~~-- RESOLUTION OF ~'HE MAYOR AND COMMON COUNCIL APPROVING THE: (I) COMMUNITY bEVELOPMENT CITIZEN ADVISORY COMMITTEE (CDCAC) RECOMMENDATIONS NOTED IN SUMMARY 1 PERTAINING TU THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDIiG) FUNDS FOR FISCAL YEAR ~dQO-ZUUI. (2) THR FIVE-YEAR (~ddd-2dd5) CONSOLIDATED PLAN.' INCLUIIING THE AMENDED CI'TIZEN'S PARTICIPATION PLAN AND THE ~OOd/~00x ANNUAL ACTION PLAN AND {3) AUTIIORIZING THE MAYOR T4 EXECUTE AND SUBMIT TO IIUU ALL APPROPRIATE DOCUMENTS AND TAKE ALL NECESSARY ACTIONS TC1 IMPLEMEN'~ THE C1TY'S CONSOLIDATED AND 24pd/24Q1 ANNUAL ACTION PLANS AND THE PREPARATION ANb EXECUTION OF CDBG AGREEMENTS WITH THE RESPECTIVE AGENCIES SEC"l'iON 1. That the Mayor and Common Council hereby approve the Community Development Citizen Advisory Committee (CDCAC) recommendations noted in Summary l pertaining to the allocation of Conununity Development Block Grant (CDHG) ftmds for fiscal year 244fl-2001 contained in the staff report, ($xhibit "A") and incorporated herein by reference as though fully set forth at length; and SECTIpN 2. That the Mayor and Common Council hereby approve the Five-Year (2000-2005) Consolidated Plan and the 20U0/2001 Annual Action Plan with the amended Citizens Participation Plan {Exhibit "C"); and S1?CTION 3. That the Mayor is authorized to execute and submit to the U.S. Department of Housing and Urban Development, (HUO}all appropriate documents and to take ali tleceasary actions to implement the City's Five Year Consolidated and 2040/2001 Action Plans, including, bui not limited to, the preparation and execution of CD>~G Agreements with the respective agencies, as prepared and approved by the City Attorney, a copy of which is on Fle with the Ciry Clerk, and incorporated herein by reference as though fully set forth at length. ///! !lll ~u~ llll -1- a~~is~oo G ~~'~}.. \ ~ 1 z 3 5 7 8 9 40 11 12 13 la 13 1S t7 18 19 20 zl n 23 za 2s 2000-11.4 RESOLUTION OF THE MAYOR ANA COMMON COUNCIL APPROVING ~'HE: (1} COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CDCAC) R~COMMENDATION3 NOTED IN SUMMARY 1 FEitTAINING TO TILE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG} FUNDS FQR FISCAL YEAR 2000-2001 (~} THE FIVE-YEAR (2000-2005} CONSOLIDATTD PLAN INCLUDING THE AMENDED CI'TIZEN'S FARTICIPATION PLAN ANI? THE 2000/2001 ANNUAL ACTION PLAN AND {3) AUTHORIZING THE MAYOR TO EXECUTE ANA SUBMIT T4 HUD ALL APPROPRIATE DOCU1ViENTS AND TAKE ALL NECESSARY ACTIONS TO I11riPLEMENT THE CITY'S CONSOLIDATED AND 2000/2001 ANNUAL ACTION PLANS AND TIIE PREPARATION AND EX~CU1'ION OF CDBG AGREEMENTS WITH THE ~tESPECTIVE AGENCIES I HEREBY CERTIFY that the foregoing Resolution was duly adapted by the Mayor and Commo>t Council of the City of San Bernardino at a Jo nt he uA lax meeting thereof, held on the 15th day of May , 200p, by the following vote to wit: Cgun~~~,lVlexnbers: ~ a s A i ~~ EST1tADA ,~` LIEN ______ ~. MCGINNIS _x `~"! SCIINNE'CZ x ~` "~" ANDERSON x ~"~ ~~`~` MC CAMMACK x ~___.. .~.a..e,. !~ . City C rk . ~ The foregoing resolntion is hereby approved this ~~ ~lday of Mav 2000. 13ether 4;sCrade Mayor Pro Tern Approved as to form and Legal Content: James F. Penman City Attorney City Attorney's Office decl~.ned to Qign. sy: -z- OS/l3roo ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ,~ FROM: Maggie Pacheco, Director SUBJECT: PUBLIC HEARING -FIVE YEAR Housing and Community Developm nt COl'~ISOLIDATED AND THE 2000/Ol ~ .~~'~ ! ~ ~ _~ ANNUAL ACTION PLANS FOR THE DATE: May 9, 2000 I ~ ~ ,~ , s ,~ ~~ ~~~ CITY'S CDBG, HOME & ESG FUNDS Synopsis of Previous Commission/CounciUCommittee Actions}• In 1995, the U.S. Department of Housing and Urban Development (HUD} required all entitlement cities to prepare and submit aFive-Year Consolidated Plan and an Annual Action Plan in order to receive federal funds. The first Plan was prepared and approved by the Mayor and Common Council in 1995 and will expire on June 30, 2000. Recommended Motion(: Open Public Hearin¢ Ciose Public Hearlns QVlayor and Common Council} MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING THE: {1) COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CDCAC) RECOMMENDATIONS NOTED IN SUMMARY 1 PERTAINING TO THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2000- 2001 {2) THE FIVE-YEAR (2000-2005} CONSOLIDATED PLAN INCLUDING THE AMENDED CITIZEN'S PARTICIPATION PLAN AND THE 2000!2001 ANNUAL ACTION PLAN AND (3) AUTHORIZING THE MAYOR TO EXECUTE AND SUBMIT TO HUD ALL APPROPRIATE DOCUMENTS AND TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE CITY'S CONSOLIDATED AND 2000/2001 ANNUAL ACTION PLANS AND THE PREPARATION AND EXECUTION OF CDBG AGREEMENTS WITH THE RESPECTIVE AGENCIES Contact Person(s): Gary Van Osdel/Maggie Pacheco Project Areas} Supporting Data Attached: Phone: 663-1044 Ward(s): All D Staff Report DResolution(s) OAgreement(s)/Contract(s} D Map(s) ~ Letter/Memo 53,86,000 CDHC FUNDING REQUIREMENTS Amount: $ Sis»aoooHOME Source: CDBG/HOMElESG FUNDS ~~ ~„ Budget Authority: _ _ _ _ _ SIGNATURE: CQmmission/Council Notes: Maggie Pacheco, Director Housing and Community Development MP:ssj COMMISSION MEETING AGENDA Meeting Date: OS/15/200Q ,;'' ` `f ~ ~ ~ Agenda Item Number: ~~~ ~- ~:' ; , - ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Public Hearine -Five Year Consolidated And The 2Q04I01 Annual Action Plans For The City's CDBG. HOME &ESG Funds Curxent Issue: An updated replacement Five-Year Consolidated Plan and an Annual Action Plan is required to guide and identify needs which the City wi11 address incrementally over the next five years (2000-2005), The Consolidated Plan is intended to be a comprehensive five-year stra#egy that addresses how cities intent to use and leverage federal funds such as Community Development Block Grant (CDBG), HOME Investment Partnership Act Grant (HOME} and Emergency Shelter Grant {ESG). Specifically, the intent of the Plan is to ensure that cities are meeting HUD mandates and are establishing goals and objectives that provide decent housing, a suitable living environment and expanded economic opportunities primarily for low- and moderate-income persons. The 2000/2001 Annual Action Plan depicts a year to year Pian outlining the goals, objectives and resources to be allocated incrementally to address the needs identified in the Five Year Consolidated Plan. Moreover, the Plan identifies community development, housing, infrastructure, homeless and public service needs and how those needs will be addressed using anticipated federal resources from CDBG, HOME, and ESG funds, state, county and local resources, if any. Staff, along with the assistance of Parson & Associates, and the Community Development Citizen's Advisory Committee have collectively prepared the Consolidated Plan and Annual Action Plan. For the most part, the Consolidated Plan is a revision of the 1995 Plan with current information and data to the degree the information was available. The Plan has also been updated to include and reflect the Mayor and Common Council's goals and objectives that came out of the 1998 Citizen's Need Survey. Below is a summary of the process undertaken in preparing the Consolidated Plan and Annual Action Plan. In addition, an Executive Summary summarizing the Consolidated Plan and necessary actions has been prepared. For f scat year 2040/2001, the City will receive $3,876,000 in CDBG funds, $1,774,000 in HOME funds, and $138,000 in ESG funds beginning July 1, 2000. Before these funds can be made available to the City, the Consolidated Plan and Annual Action Pian, in addition to the application for fiznds, has to be submitted and approved by the HUD. I. Community Development Block Grant (CDBG): This $3,87b,000 grant can be used to carry out a variety of activities such as: childcare, recreation activities, senior programs, health services, counseling, infrastructure improvements, housing preservation, elimination of barriers for the handicapped, provided they meet the needs COMMISSION MEETING AGENDA Meeting Date: OS/1512QOo e ..~-- ~ - Economic Development Agency Staff Report Public Hearing -Five Year Consolidated Plan May 9, 2000 Page Number -2- of the low and moderate community. HUD imposes category funding caps such as not more than 15% of the yearly CDBG allocation can be spent on public services and activities and 20% for program planning and administration. The remaining funds can be used for capital improvements, economic development, infrastructure improvements, etc. The funding caps and categories are as follows: $581,400-maximum 15% public service; $775,200-maximum 20% administration; $2,519,400-total available for capital projects, improvements, programs, etc. As such, in October 1999 staff solicited Request for Proposals {RFP) from non-profit organizations to identify programs that may be eligible for the public service category. To facilitate the application process, a workshop was conducted on November 2, 1999 to explain the application, program requirements and answer any technical questions. At the end of the RFP, 47 proposals were received and reviewed by Staff. All submitted proposals .were determined to be eligible and in compliance with federal regulations. However, with last year's Mayor and Council's policy that non-profit capital improvement projects not be considered for funding, six proposal submitted were denied. The total funding request from outside non-profit agencies amounted to $706,974 and with $2,717,800 in projects funding requests from the City/EDA. a: Citizen Participation Process- Community Development Citizen Advisory Committee: On February 3, 2000, the Community Development Citizen Advisory Committee (CDCAC) met to go over HUD regulations and to commence the review of the numerous CDBG applications. On February 10, 2000, CDCAC held an open meeting and interviewed each of the applicants in order to obtain resourceful information about their program and how the proposed program will provide benefits to the community. After careful consideration, the CDCAC voted to recommend approval of the applications, programs and projects depicted on Summary i. Acting on the recommendation of the Mayor and Common Council's former policy, the CDCAC did not allocate any funds for capital improvements to outside agencies and accepted the Staff's funding recommendations for City and Economic Development Agency priorities. Tn summary, the CDCAC recommended $383,000 for public service programs and accepted the City's project priorities of $2,717,800. II. Emergence Shelter Grant (ESG) Funds: The amount of funds available for 2000-2001 under the ESG program is $138,000. These funds can be used for shelter rehabilitation, essential services, shelter operations, prevention and administration. Consequently, Staff solicited proposals, is currently reviewing these proposals and will to bring forward the recommendation to the Commission within 30 days. MP:ssj ----------------------------------------------------------------------------------CQMMISSION MEETING AGENDA Meeting Date: OS/IS/2000 Agenda Item Number: ~~, Economic Development Agency Staff Report Public Hearing -Five Year Consolidated Plan May 9,-2000 Page Number -3- III. HOME Grant Funds: For the 2000-2001 fiscal year, the City will receive $1,774,000. Of this amount not more than 10% {$177,400) can be used for administration of the )'-TOME Program and not less than 15% ($266,100) can be allocated to qualified Community Housing Development Organizations (CHDO's) who aid in the provision of affordable housing in the community. All HOME funds are limited to the provision or preservation of affordable housing which benefits low income persons (80% and below median income). The type of the activities that may he funded include, but are not limited to, rehabilitation of single, senior and multi- family housing units, operation casts for qualified CHI70's, down payment, homebuyers assistance, acquisition,' housing construction, public improvements, etc. In the last three years, the Agency has used HOME funds principally for first time homebuyer down payment assistance, assistance far transitional homeless type projects, and to fund needed public improvements at mobile home parks and home improvement grants. Staff contemplates that these funds will continue to be used for these purposes. These funds will also augment the redevelopment agency's annual Housing Fund of approximately $3 million. Any changes to past practices, or additional programs that are planned throughout the program year will be brought before the Commission for their consideration and approval. IV. The Five-Year {2000-20051 Consolidated Plan. including the amended Citizen's Participation Plan and the 2000/2001 Annaal Action Plan The Five Year Consolidated Plan was updated using the most current data available to the extent available. The 1990 U.S. Census data was used in preparing the 2000-2005 Consolidated Plan. The Consolidated Plan consists of the following components: (1) Community Profile, {2) Housing and Homeless Need Assessment, (3) Non-Housing Community Development Need Assessment, (4) Housing and Market Analysis, (5) Housing and Non-Housing Strategic Plan and Annual Action Plan. Again, to facilitate the Mayor's and Common Council's review an Executive Summary of the five year Consolidated Plan and Annual Action Plan has been prepared. The needs identified in the Plans are similar to those presented in the 1995 Plan. Those needs are: housing cost burden, deterioration of existing housing stock, homeless emergency transitional housing needs, infrastructure and capital improvements, economic development, blight eradication, crime and recreational needs, The strategy and priorities identified to address these needs over the next five years include: (1) preservation and rehabilitation of existing single family dwellings, (2) expansion of homeownership opportunities by assisting homebuyers with the purchase of existing affordable housing, (3) provision of rental assistance and preserve existing rental housing, (4} assistance to homeless and special need individuals with supportive services, (5) expansion of affordable housing through new construction, (6) promotion of J MP:ss~--------------------------------------------»-------._---------------------__.-----COMMISSION MEETING AGENDA Meeting Date; OS/I5/2000 Agenda Item Number: ,~~~-- Economic Development Agency Staff Report Public Hearing -Five Year Consolidated Plan May 9, 2000 Page Number -4- economic development and employment opportunities for low and moderate income households, {7} improvements and expansion of infrastructure to meet current and future needs, ($} elimination of impediments to fair housing through education, enforcement and testing. These strategies, to the extent as possible, mirror the Mayor and Common Council's goals and priorities identified through the 1998 Citizen's Need Survey. The resources identified to address the above needs include federal grants such as CDBG, HOME, ESG, Housing opportunities for people with AIDS (HOPWA) Redevelopment Housing Funds, City's General Funds, Puhiic Housing Authority Funds, non-profit agency resources and for-profit joint ventures. Detailed discussion of each category is in the attached Consolidated Plan. The Annual Action Plan for 2000-2001, identifies the resaurces that the City expects to have available to incrementally implement the above strategies. Specifically, the activities identified as shown in Summary 1 include: code enforcement, business incentives, multi-crime free education, graffiti abatement, recreation activities under public services such as West Side Steppers, Library Literacy Program, services and programs for youth and seniors, among others. In addition to the above Plan, staff reviewed and updated the existing Citizen's Participation Plan (exhibit "C" to the Consolidated Plan). The updated Citizen's Participation Plan includes reducing the Mayor's appointees to the Community Development Citizen Advisory Committee from eight (8) to six (6), a method and a definition of "substantial changes" to the Plan, or in programLactivity that will require review by citizens and the Mayor and Common Council and a definition of what is considered "urgent need" in program/project initiation and implementation. In compliance with 24CFR 91.105 and 570.302 CDBG implementing regulation, the general public. was afforded the opportunity to review and provide oral or written comments on the Plans: The public notice announcing the availability of the Plans and summary of proposed funding activities was published in the San Bernardino Sun Newspaper on March 17, April 15, and May 14, 2000. At the time this report was prepared, staff has not received any comments. However, since this is a public hearing, any citizen input received today or any Mayor and Common Council changes will be incorporated into the Plans prior to submission to HUD. RECOMMENDATION That the Mayor. and Common Council adopt the attached Resolution. ~.~ ;' /~~ Maggie Pacheco, Director )E~ousing and Community Development MP:ssj ----------------------------------------------------------------------------------COMMISSION MEETING AGENDA Meeting Date: OS/15!2000 Agenda Item Number: ,~,~,- CITY OF SAN BERNARDINO "CITIZEN PARTICIPATION PLAN" DRAFT APPENDIX A TO THE 2000/2005 CONSOLIDATED PLAN CITY OF SAN BERNARDINO CITIZEN PARTICIPATION PLAN INTRODUCTION AND POLICY STATEMENT It is the policy of the City of San Bernardino to provide for community involvement in the planning, development, implementation, monitoring and evaluation of programs funded under the Housing and Community Development Acts of 1974 and 1977, as amended, and the Cranston-Gonzales Act of 1990. The Citizen Participation Plan ("Plan") sets forth the procedures and guidelines to be implemented by the City to provide for the con#inuing participation by the citizens of San Bernardino. While the City desires and recognizes the need for citizen involvement and has appointed the Community Development Citizen Advisory Committee (CDCAC) to provide citizen input, it is the City Council which has final determination and responsibility for all aspects of the City's housing, community development and homeless programs. This Plan, originally adopted in 1975, may be amended from time to time by the Common Council and shall remain in effect until superseded by a new Plan or until the City no longer participates in the Community Development Block Grant Program, Home investment Partnership Program and Emergency Shelter Grant Program, or other programs that pertain to the consolidated planning process as required by 24 CFR parts 91, et. al. PURPOSE A summary of the primary objectives of the Plan are provided below: (1) Ensure that citizens are -~ " ~ informed of the amount of funds available under the Plan, the range of activities that may be undertaken, as well as the various program requirements; (2) Provide for public hearings on community development and housing needs; (3} Provide citizens with adequate opportunities to participate In the development of the Consolidated Plan with any required changes, .revisions, or amendments Eo the plan; (4) Provide technical assistance to citizens in developing specific proposals for funding consideration; (5) Provide an on-going process for citizens likely to be effected by program activities, to articulate needs, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan; (6) Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities; and (7} Provide a process whereby citizens may comment with respect to any aspect of the City's housing and community development performance and be assured that oral and written comments will be considered and responded to in accordance with federal regulations. STANDARDS OF PARTICIPATIO Aii aspects of the City's citizen participation efforts shall be conducted in an open manner with freedom of access to ail interested parties. The City encourages the involvement of ail income groups, particularly those living in blighted areas, and in areas where CDBG funds are proposed to be used including non-English speaking persons, as welt as persons with mobility, visual or hearing impairments, members of minority groups, the elderly, the disabled, the business community, civic groups and the community at large. ...,y. While this Plan describes a specific citizen's organisation as the mechanism to receive citizen input (CDCAC), it is not intended to exclude .any individual citizen input. Afl the citizens of San Bernardino are encouraged to participate in every public meeting and to contact the Redevelopment Agency, Housing and Community Development Division with any questions concerning the process and the programs pertaining to the Pian including the Community Development Block Grant Program, Home Investment Partnership Program, Emergency Shelter Grant Program, or any other applicable future programs. lV. COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CDCAC) STRUCTURE As a means to reach aut to the community and obtain citizen input, the Mayor and Common Council have appointed the Community Development Citizen Advisory Committee (CDCAC}. The following rules shall apply to the CDCAC: Size and Appointment: The CDCAC shall consist of 13 members. Each member of the Common Council shall appoint one (1) member for a total of seven (7) members. The Mayor shall appoint the other six (6) members. . Term of Office: Each member shall serve at the pleasure of his/her appointee. The term of office shalt automatically expire with the succession of their appointees service as Common Council member or Mayor. The CDCAC shall have a chairperson and vice chairperson. Both shall be elected from and by the members of the CDCAC each year. ~ _<~~:;, :' ~=~~' Quorum: Member quorum is formed when majority of ail the Committee members are present; not Just a majority of those positions that have been filled. (Government Code §54952{b}] Meetings and Attendance by CDCAC Members: The CDCAC will meet as often as required for reviewing proposals and establishing needs and priorities, and as needed during the program year. All meetings will be conducted In the Economic Development Agency Board Room (or other designated location as deemed necessary), located on the 3rd floor of 201 North °E" Street, San Bernardino. All meetings are open to the public. Any member failing to attend three (3) or more scheduled meetings aer program year without being_ excused by the Committee (each member shall advise Staff or CDCAC of intended absences) shall automatically cease tQ be a member of the Committee and the Mayor or Common Council shall fill such vacancy immediately. A. Roll and responsibilities of the Community Development Citizen Advisorx Committee {CDCAC The CDCAC is an advisory committee to the Mayor and Common Council. ~ The responsible legislative body in matters relating to the programs/projects associated with the Pian. The CDCAC responsibilities shall include the following, but not limited to: 1. Scheduling public hearings on housing and community development needs and program performance; l 2. Assisting in the identification of community needs, priorities and strategies; 2 3. Receiving and reviewing citizens' comments on housing and community development ~- - program progress and performance; 4. Receiving and reviewing housing and community development project proposals for specific funding to include Community Development Black Grant and other federally funded projects. - 5. Preparing specific funding and program recommendations to the Mayor and Common Council on the use of grant funds. 6. Assisting and evaluating ongoing housing and community development program activities. 7. Reviewing and preparing recommendations to the Mayor and Common Council on all proposed program amendments, as necessary. 8. Receiving and answering citizen complaints regarding housing and community development activities. !n addition to the responsibilities listed above the CDCAC will act as liaison between the community and the City. Therefore, the CDCAC will also be responsible for meeting with citizen groups which represent residents impacted by community development and. housing activities, providing technical assistance to citizen groups when requested, and keeping the general community informed on housing and community development matters of importance. - ~ V. TECHNICAL ASSISTANCE TO THE COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE To help facilitate citizen input, the City's Redevelopment Agency, Housing and Community Development Division will provide technical assistance through its staff to the Community Development Citizen Advisory Committee as well as to groups representing low and moderate income residents who may require such assistance in developing proposals for federal funding as required by federal regulations. Technical assistance will be provided by telephone, meetings, and workshops throughout the year as needed. VI. PUBLIC INFORMATION In order for citizens to become informed and involved in the Plan process, the City will make available all relevant information including the following: (7) Material concerning the amounts of funds available for proposed community development and housing activities and the range of activities that may be taken. (2) Applicable regulations and guidelines governing ail aspects of the funding source. (3} Prior applications, final statements and amendments, grant agreements, grantee pertormance reports, citizens participation plan and any other reports required by the U.S. Department of Housing and Urban Development (HUD). (4) Documents regarding other important program requirements such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions. (5) Mailings and promotional materials, minutes of meetings and hearings and any other documents the City believes is necessary to the consolidated planning process. 3 '.: `:},h The summary of the proposed Plan will be published in one or more newspapers of general circulation in compliance with 24 CFR 570.302 and 91.105 {b)(4), providing a 34-day oral and '~ ~. ~ written comment period. Under unforeseeable circumstances, a reasonable public notice and comment period is defned, as two weeks (15-day). The summary wilt provide the contents and the purpose of the Plan and a list of locations where copies of the entire proposed Plan will be available to the public. A summary of any oral or written comments regarding the proposed Plan will be attached to the final Plan. VII. SUBSTANTIAL AMENDMENTS TO THE PLAN AS DEFINED BY HUD According to HUD, the City is required to develop criteria outlining the manner in which it will amend its Pian should changes occur throughout the program year. An amendment to the Plan is defined as: (1) There is change in the City's funding allocation and priority or method of distributing funds within a program year as identified in the approved Plan. (2) There is a change in activity/project or program description to the extent that the activitylproject or program will be perceived as a new activity/project or program not previously described in the approved Pian. (3) There is a change in the scope, purpose, location or beneficiaries of an activity/project or program described in the approved Pian. (4} Using funds from any activity/projector program covered in the approved Plan (including program income} not previously described in the approved Plan. VIII. AMENDMENTS TO THE PLAN AS DEFINED BY CITY In light of the fact that HUD requires jurisdictions, to set forth a written policy describing the ,.-u,`zt process it wil! follow when changes or amendments occur to its Plan, below is the Plan ~=== 1 amendment policy to be implemented by the City should any of the following occur during the ~~"''" life of the Consolidated Plan and the Annual Action Plan for each program year: (1} Unforeseeable circumstances occurs during project/program implementation and inadequate funds are budgeted and the cost of addressing such does not exceed $25,000. (2~ There is minor programmatic change in activitylproject description however, the change is not significant for the project, program to be perceived as a new activity/project that is previously described in the approved Plan. (3} There is a minor change in scope project/program however, the purpose, location or beneficiaries of the activitylproject or program have not change. (4) Reallocating funds from activitieslprojectslprograms covered in the approved Plan (including program income} where a projectlprogram has been completed under budget ar discontinued and remaining funds are not more than $25,000. Should any of the above issues occur, the amendments to the Plan wilt be done by administratively. Should changes to the Plan occur beyond the circumstances above, then the Pian will be amended through the formal funded by the Public Hearing Process before the Mayor and Common Council. IX URGENT NEED DEFINITION Urgent need activities under the City's Consolidated Plan is defined as an activity that meets the City's development need and it (s certified that such activity is designed to alleviate existing conditions which: Pose a serious and immediate threat to the health. or welfare of the community, ^ Are of recent origin or recently became urgent, 4 The City is unable to finance the activity on its own, and !~ ~ Other resources of funding are not available to carry out the activity. A condition will generally be considered to be of recent origin if it is developed or became critical within 18 months preceding the City's certification. X. OUTREACH The City will utilize the CDCAC and other forums of public participation to reach out to the Community. Letters of invitation to attend the public hearing to receive input on housing and non-housing community development needs will be sent to community service organizations, business organizations, Chamber of Commerce, religious organizations and any other applicable groups and affected parties showing an interest in the Plan. The City will also coordinate its planning activities with the Housing Authority as well as any other applicable inter- governmental jurisdictions impacted by the Plan. XI. COMPLAINTS The City will make every reasonable effort to provide written responses to complaints within 15 working days in compliance with 24 CFR 91.145(1). A copy of each written citizen comment or complaint regarding the City's housing and community development performance under the Plan, the City's assessment of the comment or complaint and a description of any action taken or written response made will be kept on file as a public record. XII. PUBLIC MEETINGS AND PUBLIC HEARINGS ..y :: The City will conduct public meetings and public hearings during various phases of the Plan process each program year. All public meetings and public hearings shall be open to the public. Meetings will be held at times and at locations in the City that are convenient and acceptable to potential and actual beneficiaries. Special accommodations shall be made for persons with disabilities upon advance notice and as necessary. In cases where a significant number of non- English speaking residents are reasonably expected to participate, an interpreter will be provided by the City upon advance notice. The CDCAC will meet, confer and hold public meetings as needed, to review issues related to the Ptan and plan performances, etc. Moreover, the Common Council shalt conduct a total of two (2) public hearings during the program year. A first public hearing wiii be held to obtain views on the proposed Plan prior to its review and adoption by the Common Council. A second public hearing will be held to review Plan performance (CAPER). Prior to each public hearing, a legal notice shat! be published in a newspaper of general circulation within a reasonable time frame. The legal notice shall contain the following information: (1) Date, time and place of hearing. (2) Subject to be considered (3) Basic information about the Plan program 5 CITIZEN PAflTICIPAiION PLAN '> FOA THE SAN BEflNAR01M0 COMMUNITY DEVELOPMENT BLOCK 6AANT PN06flAM . ~ Prepared by: Redevelopment Agency Staff .-.. and Community Development Citizen Advisory Committee INTRODUCTION: Ever since the passage of the Federal Housing and Community Development Act of 1974 (P.L. 93-383) the City of San Bernardino has participated in the Community Development Block Grant program which the Act created to replace seven categorical programs. Recognizing the need for substantial citizen invo]vement in determining needs, objectives, and programs for Community Development, the City developed a Citizen Participation Plan years before required to do so by the more recent Housing and Community Development Act (P.L. 95-128} of 1977. Adopted by the Mayor and Common Council. in 1975 and revised as necessary due to changes in Federal Regulations, the plan insures that the citizens of San Bernardino will be active participants in the community development decision making process. PURPOSE: The objectives of this Citizen Participation Plan are to: 1) Insure that citizens are informed about the amount of Community Development Block Grant funds available, the range of activities that may be undertaken, ~. and program requirements. -1- r ~ ~. - 2) Provide for public hearings on community development and housing needs. -~ 3) Provide citizens with adequate opportunities to participate in developing ' block grant objectives and any required changes, revisions, or amendments to the objectives. 4) Provide technical assistance to citizens developing specific proposals for funding consideration. 5) Provide an ongoing process for citizens likely to be affected by pro gram . activities to articulate needs, express preferences about proposed activities, assist in selecting priorities, participate in developing the objectives and have their questions answered in a timely and responsive manner. 6) Provide a process through which citizens may participate in the monitoring and evaluation of community development activities. 7} Provide a process whereby citizens may comment on any aspect of the City's Community Development performance and be assured that written comments will be considered and responded to in accordance with Federal Regulations. SUMMARY OF THE PLAN: In order to accomplish the stated objectives, the San Bernardino Community Development Citizen Participation Plan provides for: ,~ 1) A Community Development Citizen Advisory Committee. 2} Regular meetings of the advisory committee to consider community development objectives, priorities, programs, and funding levels. 3) Widespread dissemination of program and funding information through media, public hearings, printed materials and the Community Development Citizen Advisory Committee. 4) Direct technical assistance to the advisory committee and citizens to be provided by the staff and funds to be budgeted far technical assistance publications. 5) At least one public hearing annually to allow citizens and citizen groups to comment on community development performance, including the performance of contractors paid with Community Development grant funds. 6) Public hearings every year on community development and housing needs. 7) A project proposal form on which a citizen or group of citizens may submit a specific project idea. 8) A public hearing to be called by the Mayor and Common Council to allow citizens and citizen groups to react to the proposed statement of objectives -~ before it is submitted to HUD. _2_ __ 9) Citizen complaint forms and a procedure to assure timely responses to :;~ ~ citizen complaints. lb) Complaint forms, other project proposal forms and media coverage to be available in bath English and Spanish where deemed necessary. 11) Publication of certain information relative to the Community Development Block Grant program in neighborhood newspapers. RESPONSIBILITIES: 1) Mayor: By law, the Mayor has overall responsibility for the Community Development statement of objectives and implementation of all Block Grant regulations. The Mayor will be responsible for the establishment and maintenance of the San Bernardino Community Development Citizen Advisory Committee. He wilt appoint eight (8) persons to committee membership, 2} The Community Development Citizen Advisory Committee serves as the advisory group to the City on community development matters. It will consist of fifteen (15} members, seven (7) recommended by the Council and eight (8} recommended by the Mayor and confirmed by the Common Council. The committee's responsiblilities shall include: a) Scheduling public hearings on community development needs and program performance. b) Assisting in the identification of community development needs and problems . c) Receiving and reviewing citizen comments on community development progress and perfo rmance. d) Receiving and reviewing all community development program ideas submitted for funding consideration. ••~ e} Preparing recommendations to the Mayor and Common Council relative to the Block Grant Statement of Objectives, priorities, programs and resource allocations. f) Assisting in monitoring and evaluating ongoing community development program activities. g} Reviewing and preparing recommendations to the Mayor and Common Council on all proposed program changes, revisions, or amendments. h) Receiving and answering citizen complaints regarding community development. In addition to the responsibi]i-ties ]fisted above, the Advisory Committee will act as liaison between the community and the City. Therefore, the Committee wi]1 also be responsible for meeting with responsible citizen groups which represent persons who may 6e served 6y community development activities, providing technical assistance to citizen groups when requested and keeping the general community informed on community development matters of importance. -3- THE COMMON COUNCIL: ~-- >r ~ .. ~_ The Common Council shall recommend seven (7~ persons for membership on _ the Community Development Citizen Advisory Committee. The Common Council will be responsible for accepting and reviewing reports on community development needs, objectives, proposed programs, and for adopting the final Community Development Statement of Objectives, and any subsequent revisions or amendments. CITIZEN ADVISORY COMMITTEE STRUCTURE: The Citizen Advisory Committee will be representative of the citizens of San Bernardino. The Advisory Committee will elect its own chairman and vice-chairman annually during the month of June. Committee members may not be elected to the office of chairman or vice-chairman for more than two consecutive terms without a break in service of at least one year. The Redevelopment Agency staff secretary will serve as secretary to the committee and will maintain all records of meetings and procedures. The secretary will make any and all community development records available to citizens upon request. ADVISORY COMMITTEE MEETINGS: The Advisory Committee will meet as often as required during the period set aside for establishing program o bjectives, and twice monthly during the balance of the Community Development program year. Meetings will be conducted in the Redevelopment Agency Board Room located on the Third Floor of City Nall, 300 North D Street, and are open to the public. If a member fails to attend three consecutive regular meetings without being excused by the committee, helshe shall automatically cease to be a member of the committee and the Mayor and Council shall fill such a vacancy immediately. PUBLIC HEARINGS AND NOTICES: The Advisory Committee will cause the proposed Statement of Objectives to be published in a manner that will afford citizens an opportunity to examine its contents and to submit comments to the City on the proposed statement and on the community development performance of the City. The Advisory Committee will insure that one or more public hearings will he held during the month of May to obtain the views of community development and housing and insure that citizen views and comments are considered before the final Statement of Objectives is submitted to HUD. The final statement will be available to the public in City Hall and at least three City libraries. ti '~ .4. -4- . RESPONSE TO COMMUNITY DEVELOPMENT PROPOSALS: ~ _ _.. _~ Each individual, agency, or organization submitting a Community Development Proposal will be informed of the status of that proposal within forty-five days after the close of the proposal receipt period. Responses to written proposals shall be in writing and where possible, responses to verbal proposals will also be provided in writing. ~.. INFORMATION DISSEMINATION AND EDUCATION: The Advisory Committee will have prepared and distributed summaries of the Citizen Participation Plan, facts about funding and pro gram requirements, technical assistance bulletins and statements of needs, objectives and program proposals. Every effort will be made to insure wide distribution of this information including press releases, broadcast media announcements and presentations at public meetings and hearings. TECHNICAL ASSISTANCE: City staff will provide technical assistance to the Davis-Bacon Act, environmental policies, Equal relocation provisions. Technical assistance will be for the Advisory Committee, documents distributed at responses to requests from the public. DOCUMENTATION: citizens on such matters as Opportunity requirements, and provided through briefings public hearings and in direct The Citizen Participation Flan will be widely disseminated and copies will be available at all public hearings. Copies of the Citizen Participation P1 an in Spanish will be available, if needed. All transcripts of hearings, minutes of Advisory Committee meetings and other records and documentation will be maintained for public inspection in the Redevelo pment Agency in City Hall during regular business hours . CONTINUING CITIZEN PARTICIPATION AND RESPONSE: program progress . After completion of the Statement of Objectives, the Advisory Committee will continue to meet twice each month and periodically at the call of the Mayor to assist in preparing amendments, revisions, reallocation of funds and any designation of new activities or locations. They will also keep abreast of Citizen complaints concerning Community Development may be directed to the Community Development Citizen Advisory Committee chairman, Redevelopment Agency, 300 North "D" Street. All complaints will be responded to within fifteen working days, verbal complaints verbally, and written complaints in writing. If requested, forms on which citizens may register written complaints will be provided. -5- .. '`4 ~ ' , CQNCl.USION: ~,.~, '„ _~ It is the intent of the City of San Bernardino to encourage and facilitate `maximum citizen participation in every aspect of its Community Development Slock Grant program. Citizens' suggestions as to how participation may be improved will always be welcome. Revised 1-82 -6- 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: 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. 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-177, 6-6-83.) 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 2.49 SENIOR AFFAIRS COMMISSION 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) v 8.87.040 Smoke emission standards. It is unlawful for any person or company to operate a locomotive or engine within the City limits in such a manner that the smoke emitted from such engine or locomotive exceeds or is greater in density than No. One (1) as fixed and determined by Ringlemann's Scale for Grading Density of Smoke. (Ord. 1785 §2, 1947 ) 8.87.050 (Repealed by MC-402.) 8.87.060 Violation of Sections 8.87.030 through 8.87.050 -Penalty. Any person, firm or corporation violating any provision of Sections 8.87.030 through 8.87.050 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-46o, 5-13- 85; Ord. 1785 §4, 1947.) Chapter 8.90 MOBILE HOME RENTS Sections: 8.90.010 Title. 8.90.020 Statement of purpose. 8.90.030 Application. 8.90.040 Definitions. 8.90.050 Exemptions from coverage. 8.90.060 Registration. 8.90.070 Registration fee. 8.90.080 Space rent ceiling or maximum allowable space. 8.90.090 Space rent ceiling adjustment -initial adjustment. 8.90.100 Space rent ceiling adjustment -annual adjustment. 8.90.105 Required certification on rental adjustment notice. 8.90.110 Mobile home rent board establishment and powers. 8.90.120 Petition by tenant. 8.90.130 Petition by landlord. 8.90.150 Conduct of Board proceedings. 8.90.160 Priorities. 8.90.170 Rent adjustment regulations. 8.90.180 Net operating income. 8.90.190 Gross income. 8.90.200 Allowable operating expenses. 8.90.210 Operating expenses not allowable. 8.90.220 Presumption of fair base year net operating income. 8.90.230 Rebutting the presumption. 8.90.240 Determination of base year net operating income. 8.90.250 Determination of current year net operating income. 8.90.260 Schedule of increases in operating expenses. 8.90.270 Allowable rent adjustments. 8.90.280 Discretionary considerations. 8.90.290 Limit on increases pending hearing or litigation. 8.90.300 Rent adjustments for reduction in services. 8.90.310 Quantum of proof and burden of proof. [Rev. December 1, 2009) 8-154 Y v 8.90.320 Appeal. 8.90.330 Filing of appeal. 8.90.340 Appeal hearing. 8.90.350 Appellate review. 8.90.360 Time for appellate decision. 8.90.370 Finality of decision. 8.90.380 Judicial review. 8.90.390 Termination of tenancy. 8.90.400 Remedies for violation. 8.90.410 Periodic review of Chapter. 8.90.420 Severability. 8.90.430 Chapter to be liberally construed. 8.90.010 Title. This Chapter may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of San Bernardino, California. (Ord. MC-865, 3-22-93) 8 90.020 Statement of purpose. A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. B. Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, exorbitant rent adjustments fall upon these individuals with particular harshness. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. C. This Council finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return [Rev. December i, 2009) 8-1J5 on their property. D. Administration of this Chapter shall be under the general direction of the San Bernardino Mobile Home Board. (Ord. MC-865, 3-22-93) 8.90.030 Application. The provisions of this Chapter shall apply to all mobile home residential rental spaces located within the City of San Bernardino except if otherwise exempt from the provisions of this Title, as such exemptions are provided for hereinafter. Nothing in this Chapter shall be deemed to supersede any provision of California Civil Code Section 798.15 et seq. (Ord. MC-865, 3-22-93) 8.90.040 Definitions. apply: In construing the provisions of this Chdpter, the following definitions shall A. "Landlord" means any owner, lessor, operator or manager of a mobile home park. . B. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental space. C. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. D. "Tenant" means any person entitled to or proposing to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. E. "Consumer Price {ndex" or "C.P.I." means the Index known as the "Consumer Price Index for all Urban Wage Consumers: for the Los Angeles -Long Beach -Anaheim Area," (base year,1967), and if published for the San Bernardino - Riverside -Ontario Area for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of Labor Statistics. F. "Mobile Home" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 799.48, mobile home does not include "recreational vehicle" as defined in Section 799.24 of the Civil Code or a "commercial coach" as defined in Section 18218 of the Health and Safety Cade. G. "Mobile Home Owner" or "Resident" means any person entitled to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or [Rev. December 1.2009] 8-156 lease agreement with the owner thereof. H. "Mobile Home Park .Owner" or "Park Owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner." "Mobile Home Space" or "Space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. J. "Rent Adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. K. "Rental Agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. L. "Space Rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space Rent" shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. M. "Tenancy" means the right of a tenant to the use of a mobile home site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. N. "Vacancy" means the condition deemed to have occurred upon the removal of any mobile home from a mobile home park. (Ord. MC-865, 3-22-93) 8.90.050 Exemptions from coverage. The provisions of this Ordinance shall not apply to the following: A. New Space or Pirst Time Space Exemption -Space rent or space rent adjustments for new mobile home spaces whether in newly constructed parks or such spaces first rented after the effective date of this Chapter shall be exempt from the provisions of this Chapter to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be adjusted annually under this Chapter after a space is first rented. In such cases, the base date for purposes of determining- permissible future rent adjustments shall be the date of first rental or conveyance. [Rev. December 1.2009] 8-1~7 B. Vacancies If the mobile home space is voluntarily vacated by the tenant, or vacated pursuant to California Civil Code Section 798.56, the landlord may adjust the rental rate to any amount as provided in Subsection A of this Section 8.90.050. 2. Subject to the provisions of Civil Code Section 798.17, if the mobile home is sold and is to remain on site, the landlord may only increase the rental rate to the new owner by the amount which would have been allowed pursuant to this Chapter if the mobile home had not been sold. 3. Upon the re-renting of a rental space which has not been voluntarily vacated by the previous tenant, the base rent and the base rent month shall remain unchanged, and the maximum rent which may be charged shall be the same as if the vacancy had not occurred. 4. A vacancy is voluntary if, the tenant voluntarily and without coercion by the landlord vacates the rental space or, if the tenant dies and there is no surviving cohabitant. 5. All other vacancies are involuntary. When a rental space which has been involuntarily vacated is re-rented, the landlord shall, not more than ten (10) days after such re-renting, give written notice to the new tenant of the base rent and the base rent date of the previous tenant and that said base rent and base rent date are applicable to the new tenant. C. Space Rent Agreement Exemption -Any rental agreement in excess of twelve-months duration which also meets all criteria specified by Section 798.15 and Section 798.17 of the California Civil Code, including, but not limited to, the tenant notification requirement within the first paragraph of such rental agreements, shall,be exempt from the space rent ceiling provisions of this Chapter, but only during the term of such rental agreement or one or more uninterrupted, continuous extensions thereof. If such rental agreement is not extended and no new rental agreement in excess of twelve-months duration is entered into, then the last rental agreement shall be the base rent for purposes of this Chapter. Any rental agreement exempt from this Chapter by virtue of this subsection shall remain so exempt despite voluntary amendments made thereto, as long as any amendments extending the term contain the disclosures required by Section 798.17 of the California Civil Code. D. Lease Agreement Exemption -Section 8.90.080 of this Chapter does not apply to any residential rental space for the rental of which the mobile home park owner and the tenants have mutually agreed to enter into a lease which conforms to the provisions of California Civil Code Section 798.15 et seq. E. Before any rental agreement or lease agreement in excess of 12 months is executed by an existing or prospective tenant the landlord must (1) offer the (Rev. December 1, 2009] 8-]58 tenant the option of a rental agreement for a term of 12 months or less, (2) provide the tenant with a summary of the City's Mobile Home Park Rent Stabilization Ordinance in a form approved by the Board, (3) make available for tenant review a copy of the Mobile Home Park Rent Stabilization Ordinance, and (4) provide the tenant with a disclosure statement on the possible effect of long term leases as approved by the Board. The disclosure statement in (4) above and the summary in (2) above may be combined into the same document. A signed copy of the disclosure statement must be returned to the Director within thirty (30) calendar days of execution. F. Violation - It is hereby made a violation of law, punishable as a misdemeanor, for any person to perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental space. (Ord. MC-913, 11-7-94; Ord. MC-900, 4-18-94; Ord. MC-865, 3-22-93) 8.90.060 Registration W ithin sixty (60) calendar days after the effective date of this Chapter, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Board. . The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or lega4 entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this Chapter; a listing of all other charges, including utilities not included in space rent, paid by mobile home residents within the park and the approximate amount of each such charge; and the name and address to which ail required notices and correspondence may be sent. The Board is hereby empowered to establish procedures for requiring such re-registration as it deems necessary. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Chapter unless such current registration as may then be required for the mobile home park is on file with the Board at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirement provided for in this section, or which may be hereafter established by the Board, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. (MC-865, 3-22-93) 8.90.080 Space rent ceiling or maximum allowable space rent. Beginning the first month which commences following the day after the effective date of this Chapter, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the [Rev. December 1, 2009] 8-]59 "space rent ceiling." If there was no space- rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. if a mobile home park is exempted from the application of this Chapter by reason of the existence of a space rent agreement and this agreement expires, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. (MC-865, 3-22-93) 8.90.090 Space rent ceiling adjustment -initial adjustment. A. No adjustment in space rent ceilings shall be permitted except as provided for herein. B. Permissive Adjustment - A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to eighty percent (80%) of the percentage increase in the Consumer Price Index (CPI) from the end of the base year (1988) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December, 1989, from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December 1989, CPI. (Ord. MC-865, 3-22-93) 8.90.100 Space rent ceiling adjustment -annual adjustments. Commencing in calendar year 1990, park owners shall be entitled to the following annual adjustments. . A. Permissive Adiustment - A park owner shall be entitled to an annual permissive adjustment of gross space rental income equal to eighty percent (80°!0) of the percentage adjustment in the CPI from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. B. Net Operatinq_Income Adiustment 1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive adjustment provided for above, said park owner may upon payment of a filing fee established by resolution of the Mayor and Common Council, file an application with the Board for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. 2. If the Board shah designate a form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be [Rev. December 1, 2009] 8-160 designated, such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise to the petition for an NOI adjustment in sufficient detail that if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. Within thirty (30) working days after the petition has been submitted to the Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment if granted. When a declaration of service has been submitted to the Board, the petition for an NOI adjustment shall be deemed filed. 3. A park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's Net Operating Income (NOI) for the subsequent year to be increased by a rate which, when added to the maximum permissible adjustment provided for above will give the park owner a just and reasonable return on park property. C. Special Assessment Based on Capital Improvements. An application for a special assessment based on the cost of a completed capital improvement may be filed with the Mobilehome Board pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five (5) years, and have been agreed upon between the park owner, the resident committee, if any, and approved by more than 50 percent of the owners of all mobilehomes located within the park in an election called to consider.the matter with each space casting one vote. 2. A special assessment may be granted at the discretion of the Board considering all circumstances without approval of the homeowners if the capital improvement is necessary to protect the health and safety of the residents of the park, or to comply with governmental laws or regulations. 3. Capital Improvement Assessments shall be amortized over the useful life of the improvement as set forth in Internal Revenue Service "class life" tables then in effect, unless the Board in its discretion determines that the use of such tables is unreasonable under the circumstances. 4. In addition to the cost of the improvements(s) the Assessment shall include interest at two percent over the prime rate at Bank of America in effect at the time the assessment is approved calculated annually on the unamortized cost of improvement. 5. Capital Improvement Assessments shall _be apportioned equally [Rev. December I, 2009] 8-161 among all spaces in the mobilehome park and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The Assessment shall remain in effect until the cost of the improvement, plus interest as set forth herein, has been fully recovered. D. No annual adjustment shall become effective if the previous annual adjustment became effective within the previous twelve (12) months unless approved by the Board pursuant to Section 8.90.100 B. (Ord. MC-944, 6-5-95; Ord. MC-865, 3-22-93) 8.90.105 Required Certification on Rental Adjustment Notice. The Board shall have the right to deny any rent adjustments under this Chapter if the owner: A. Has failed to comply with any provisions of this Chapter and/or regulations issued thereunder by the board or the Mayor and Common Council or any other federal, state or City law, ordinance or regulation concerning mobile home parks. B. Has failed to comply substantially with any applicable state or local housing, health or safety law. (Ord. MC-865, 3-22-93) 8.90.110 Mobile Home Rent Board establishment and powers. A. Establishment -The Mobile Home Rent Board of the City of San Bernardino is hereby established. B. Composition -The Board shall consist of five (5) regular members and two (2) alternate members. One regular member shall be a space tenant who resides in the City of San Bernardino; one member shall be a mobile home park owner, operator, manager or designated agent of a mobilehome park located in the City of San Bernardino. The two alternate members shall be a space tenant from a different mobile home park other than the regular space tenant member and an owner, operator, manager or designated agent from a different mobile home park than the regular owner member. The remaining three (3) members shall be residents of the City of San Bernardino who are not elected officials, or employees, relatives of elected officials of the City of San Bernardino, and who are neither tenants, owners, operators, managers or designated agents of mobile home parks and who have no conflicts of interests due to relationship with same. Candidates for membership of the Board shall submit a verified statement listing all interests in any real property or mobile home as defined in Section 798.3 of the California Civil Code, including ownership, individually, jointly, legal or equitable, and all sales of such property, or instruments secured by such property, within thirty (30) days of seeking appointment to the Board. C. Nomination and Appointment -The regular space tenant member and his or her respective alternate members shall be selected by the Mayor and Common Council from a list of nominations, if any, for the Board submitted [Rev. December 1. 2009] 8-162 by mobile home residents. The regular mobile home park owner member and his or her respective alternate member shall be selected by the Mayor and Common Council from. a list of nominations, if any, supplied by the general association on behalf of the various mobile home park owners associations. The Mayor and Common Council shall nominate and appoint the three remaining regular Board members. All members of the Board shall be selected in accordance with applicable City procedures. D. Term -Each regular member of the Board shall serve for a term of two years except as otherwise provided herein. For the first Board, the one (1) space tenant member and the one (1) owner member and three (3) at-large resident members shall be appointed for three (3)-year terms. Thereafter, the successors shall be appointed for terms of two (2) years. Each regular member shall hold office until a new member has been duly appointed. Each alternate member of the Board shall serve for a term of two (2) years except as provided herein. Each alternate member shall hold office until a new alternate member has been duly appointed. If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall be filled by appointment as previously prescribed herein for the unexpired portion of such member's term. Notwithstanding the above provisions of this paragraph, a member may be removed, at any time, with cause, by a majority vote of the Mayor and Common Council. Further notwithstanding the above provisions of this paragraph, any member who is absent without sufficient cause from three (3) consecutive meetings of the Board which such member was required to attend shall be deemed to have vacated his office. E. Meetin4s - To fulfill its function, the Board shall meet as often as it deems necessary, but at least one regularly scheduled public meeting shall be held every ninety (90) days; or, except as otherwise set forth herein, within thirty (30) days of any request for hearing or arbitration held hereunder whichever is earlier. All members of the Board, whether regular, or alternates, shall be required to attend all Board meetings and hearings unless such member has been disqualified from participation. All meetings of the board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code 54950 et seq.) F. Voting -The affirmative vote of three (3) members of the Board is required for a decision, including all motions, regulations, and orders of the Board. Alternate members may also participate in the Board proceedings but shall have voting privileges only when acting in the stead of an absent regular member. G. Quorum -Three (3) Board members shall constitute a quorum. H. Powers and Duties of Board - following duties, responsibilities reasonably incidental thereto: The Board shall undertake and have the and functions, together with all powers Adoption of Rules and Regulations. Subject to the approval of the Mayor and Common Council the Board may make and adopt its own administrative rules and regulations as may be necessary to effectuate the purposes and policies of this Chapter and to enable the [Rev. December I, 2009] 8-163 Board to carry out its powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the State, this Chapter, and any guidelines adopted by the Mayor and Common Council. Any such rules and regulations shall be reduced to writing and be on file with the Director of the Board at all times. 2. Director. The Mayor with the approval of the Common Council shall appoint a Mobile Home Rent Board Director, hereinafter referred to as "Director," to administer and carry out to the fullest extent possible the expressed intent and purposes of this Chapter. The Director shall be a full-time employee of the City of San Bernardino. In the alternative, the City of San Bernardino may contract with the Economic Development Agency of the City of San Bernardino to provide a Director. If so, the Director shall be a full-time employee of the Economic Development Agency of the City of San Bernardino. The Director shall be responsible for the day-to-day operations of the Board. It shall also be the Director's responsibility to provide Board members with copies of all current federal, state, and city laws, codes, ordinances and regulations referred to in this Chapter. 3. Maintenance of Records. The Director shall keep a record of the proceedings of the Board, which shall be open for inspection by any member of the public. 4. Appointment of Committees Mediators or Hearing Officers. The board may appoint committees, mediators and hearing officers to hear matters on which testimony may be taken, which committees, mediators and hearing officers shall report to the Board the findings and results of any such hearing on a matter referred to such committee or person upon request. 5. Conduct Studies and Investigations. The Board shall have the power to make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties, and may authorize individual members to do so. 6. Reouire Registration. The Board shall require such registration of mobile home parks as the Board may deem necessary to enable it to carry out its duties. 7. Approve Rent Adjustments. The Board may approve such adjustments in rent ceilings as provided for in this Chapter. 8. Evaluation. The Board shall render at least semi-annually a comprehensive written report to the Mayor and Common Council concerning the Board's activities, holdings, actions, results of hearings, and all other matters pertinent to this Chapter. 9. Related Duties. The Board shall undertake such other related duties as may be assigned by the Mayor and Common Council. (Rev. December 1, 2009] 8-164 Compensation -Each member of the Board shall be entitled to such compensation as may be set by the Mayor and Common Council, including reimbursement for reasonable expenses incurred in the performance of their official duties. The Board shall not have any authority to expend or authorize the expenditures of any public funds, except with the prior express approval of the Mayor and Common Council. J. Staff -The City Administrator shall provide ail administrative staff necessary to serve the Board. The City Administrator shall provide a secretary to serve as secretary of the Director and shall be responsible for the maintenance of all records of the Board. The City Attorney or his/her designee shall act as legal counsel to the Board. (Ord. MC-1021, 5-4-98; Ord. MC-865, 3-22-93) 8.90.120 Petition by tenant. A. Any tenant of a mobile home rental spice affected by this Chapter, upon payment of such filing fee as shall be duly established, may petition the Board for a determination whether a proposed or actual action by the landlord of such tenant is legal, valid, and within the terms of this Chapter. If the Board shall establish forms for such petitions, the petition shall be prepared and subm'stted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination, and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. B. In the event that a petition by tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. (Ord. MC-865, 3-22-93) 8.90.130 Petition by landlord. Any landlord of a mobile home park affected by this Chapter may, upon payment of such filing fee as shall be duly established, petition the Board for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this Chapter. The Board may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. (Ord. MC-865, 3-22-93) (Rev. December 1. 2009) 8-165 8.90.150 Conduct of Board proceedings. A. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party. B. Formal rules of evidence shall not apply in Board proceedings; however, all oral testimony offered as evidence shall be under oath. C. In the event that any party shall fail to appear at the time and place set for hearing of a petition, the Board may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented. D. The Board shall base its decision on evidence presented at the hearing and may consider any evidence resulting from independent investigations of the Board or its members pursuant to §8.90.110.H.5 of this Chapter, where such evidence has been disclosed to the parties. E. The Board, shall make findings based on the evidence as to each fact relevant to the Board's decision on the petition. The decision of the Board shall be based upon the findings, and shall: 1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Chapter; and/or 2. Determine whether an adjustment is necessary, and if so, the nature and amount of relief to be granted or authorized to the landlord or homeowner. F. The Board or its Director shall meet to consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and shall make its final decision at the conclusion of its deliberations. No rent adjustment will be authorized unless supported by the evidence. A notice of the Board's decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the Board shall apply on a space by space basis, taking into account the possibility of differences in base rent, services provided, and other facts differentiating rental spaces. G. Nothing in this Chapter, or in any decision of the Board, shall require any landlord to raise rents or charges to tenants. If an adjustment in the maximum permissible rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the Board. H. The findings and decisions of the Board shall be a final administrative action. There shall be no right of appeal to the Mayor and Common Council. Such findings and decisions shall be public records, and may be certified by the secretary of the Board, if any, or by the City Clerk. Each decision shall set forth a notice as required by California Government Code Section 1094.6. (Rev. December 1, 2009] 8-166 The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the San Bernardino Municipal Code. (Ord. MC-865, 3-22-93) 8.90.160 Priorities. All petitions for hearings shall be heard in order of date filed. (Ord. MC-865, 3-22-93) 8.90.170 Rent adjustment regulations. For purposes of determining allowable rent adjustments, the rules and regulations set forth in this section shall be used. In authorizing individual adjustments of the rent ceilings, the Board, its hearing officers and the Director shall consider the purposes of this Chapter and the requirements of law. The Board may consider all relevant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the owner to provide adequate repair, housing services or failure on the part of the owner to comply with applicable housing, health and safety codes, federal and state income tax benefits, the speculative nature of the investment, whether or not the property as acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's current and base year Net Operating Income and any other factors deemed relevant by the Board, its Director, or its hearing officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a request for a rent adjustment by the new owners. (Ord. MC-865, 3-22-93) 8.90.180 Net operating income. Net Operating Income (NOI) shall be gross income less allowable operating expenses. (Ord. MC-865, 3-22-93) 8.90.190 Gross income. Gross Income equals: A. Gross rents, computed as gross rental income at 100% paid occupancy, plus B. Interest from rental deposits, unless directly paid by the landlord to the tenants. C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees; plus D. All other income or consideration received or receivable for or in [Rev. December 1, 2009] 8-167 connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. (Ord. MC-865, 3-22-93) 8.90.200 Atiowable Operating Expenses. Operating expenses shall include the following: A. Real property taxes, B. Utility costs, C. Management fees actually paid if management services are contracted for. If all or a portion of management. services are performed by landlord, management fees shall include the reasonable value forsuch landlord performed services. Managementfees greater than five percent (5%) of .gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture. F. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: At the general prevailing rate of per diem wages for the San Bernardino area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770 et seq of the Labor Code of the State of California. 2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and Common Council. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. Owner performed labor in excess of 5°1° of Gross Income shall not be allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater [Rev. December 1, 2009] 8-168 services for the benefit of tenants. G. License and registration fees required bylaw to the extent same are not otherwise paid by tenants. H. The yearly amortized portion of capital expenses including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorneys fees and costs incurred as normal and reasonable cysts of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. (Ord. MC-865, 3-22-93) 8.90.210 Operating expenses not allowable. Operating expenses shall not include the following: A. Avoidable and unreasonable or unnecessary expenses; B. Mortgage principal and interest payments; C. Lease purchase payments and rent or lease payments to landlord's lessor; D. Penalties, fees or interest assessed or awarded for violation of this or any other statute; E. Attorneys fees and other costs incurred for proceedings before the Board or in preparation for such proceedings, or in connection with any civil actions or proceedings against the Board, or a decision, ruling, or order of the Board; F. Depreciation of the real property; G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. (Ord. MC-865, 3-22-93) 8.90.220 Presumption of fair base year net operating income. Except as provided in Section 8.90.230, it shall be presumed that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Sections 8.90.080. and 8.90.100.8. (Ord. MC-865, 3-22-93) [Rev. December 1, 2009] 8-169 8.90.230 Rebutting the presumption. It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income maybe adjusted accordingly. In order to make such a determination, the Board or its designee must make at least one of the following findings: A. The owner`s operating and maintenance expenses in the base year were unusually high or iow in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors: The owners made substantial capital improvements during 1988 which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster or vandalism which management has taken appropriate action to reduce. 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business measures. B. The rental rates on the base date were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this Chapter. The rental rates on the base date were substantially higher ar lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. 2. The rent on the base date was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates on the base date were exceptionally high or !ow due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. (Ord. MC-865, 3-22-93) 8.90.240 Determination of base year net operating income. A. To determine the Net Operating Income during the base year, there shall be deducted from the annualized gross income being realized in 1988, a sum equal to the actual operating expenses for calendar year 1988, unless the [Rev. pecember I, 2009] 8-1~0 owner demonstrates to the satisfaction of the Board or its designee that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1988 shall be determined by one of the following methods whichever the Board or its designee determines to be more reliable in the particular case: The previous owner's actual operating expenses as defined in Section 8.90.200 if such figures were available, or 2. Actual operating expenses for the first calendar year of ownership, discounted to 1988 by the schedule. (Ord. MC-865, 3-22-93) 8.90.250 Determination of current year net operating income. To determine the current year net operating income, there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Board or its designee that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section). (Ord. MC-865, 3-22-93) 8.90.260 Schedule of increases in operating expenses. Where scheduling of rental increases, or other calculations, require projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes, and management expenses, increases at 5% per year, that property taxes increase at 2% per year, and that management expenses constitute 5°l0 of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. (Ord. MC-865, 3-22-93) 8.90.270 Allowable rent adjustments. The Board, a hearing officer or the Director may permit rent adjustments, unless otherwise prescribed by law, such that the owner's net operating income will be adjusted at the rate as specified in Section 8.90.100 6.2. (Ord. MC-865, 3-22-93) 8.90.280 Discretionary considerations. While the Net Operating Income formula should operate to guarantee a park owner a fair return on investment, the Director or hearing officer considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Chapter. (Ord. MC-865, 3-22-93) [Rev. December 1, 2009) g-171 8.90.290 Limit on increases pending hearing or litigation. Notwithstanding any other provisions of this Chapter, no adjustment in rents in a mobile home park shall be valid during the time that any hearing or proceeding is being conducted pursuant to this Chapter, nor shall such increase be valid during the period in which the Board's decision for that park is being reviewed by a Court of competent jurisdiction, except those the tenants shall be required to pay as the Permissible Adjustment as provided for under Section 8.90.090 B. (Ord. MC-865, 3-22- 93) 8.90.300 Rent adjustments for reduction. A. No owner shall reduce the level or kind of services provided to tenants as of the date of adoption of this Chapter or take any other punitive action in retaliation for the exercise by tenants of any of the rights granted by this Chapter. B. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such transferred utility or similar service (less common area usage, based on costs for the twelve (12) months period prior to notice to the tenants of the change. Provided compliance with this section occurs, provisions for mediation and/or hearing shall not apply. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990. C. For purposes of Section 8.90.300 A. above, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense at mediation or arbitration. D. If a service other than a utility or similar service per subsection A above is reduced or eliminated, or if a utility or similar service is reduced or eliminated without a concomitant decrease in rent, the provisions of this Chapter regarding petition and/or hearing shall apply subject to the following conditions. Any petition initiating mediation or hearing must be filed within twelve (12) months of the date on which the service was reduced or eliminated, and the reduction or elimination in services must continue to exist at the time of the hearing. Rent adjustments shall only be granted prospectively. (Ord. MC-865, 3-22-93) [Rev. December 1.2009] g-172 8.90.310 Quantum of proof and burden of proof. The decision of the Board, its Director, or hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of proof in such proceedings. (Ord. MC-865, 3-22-93) 8.90.320 Appeal. Any party to a hearing shall be entitled to appeal the decision of the Director or the hearing officer to the Board. (Ord. MC-865, 3-22-93) 8.90.330 Filing of appeal. Any party seeking to appeal the decision of the Director or the hearing officer must file such written appeal within fifteen (15) days of the date of notice of the decision and must post a deposit of an amount sufficient to cover the cost of preparing the Hearing Record. (Ord. MC-865, 3-22-93) 8.90.340 Appeal hearing. Upon the request of any party filing an appeal and depositing the sums required in Section 8.90.330 hereof, the Board shall schedule a hearing to be held within thirty (30) days of the filing of appeal and shall direct the Director to notify the parties of such hearing date. (Ord. MC-865, 3-22-93) 8.90.350 Appellate review. The Board shall review the Hearing Record and hear the arguments of the parties at the appeal hearing, but shall limit its review to facts presented at the hearing before the hearing officer. (Ord. MC-865, 3-22-93) 8.90.360 Time for appellate decision. The Board shall make a .decision no later than five (5) days following the appeal hearing and notify the parties within ten (10) days following the Board's decision. (Ord. MC-865, 3-22-93) 8.90.370 Finality of decision. The decision of the Board on appeal shall be final and binding. This section specifically supersedes Municipal Code Chapter 2.64. (Ord. MC-865, 3-22-93) 8.90.380 Judicial review. An owner or tenant aggrieved by any action of the Board may seek judicial review by appealing to the appropriate Court within the jurisdiction. Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable. (Ord. MC-865, 3-22-93) 8.90.390 Termination of tenancy. A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of Section 798.15 et seq. of the California Civil Code shall (Rev. December 1, 2009) 8-173 be terminated only pursuant to Section 798.55 et seq. of the California Civil Code. (Ord. MC-865, 3-22-93) 8.90.400 Remedies for violation. A. Civil Remedies -Any person who demands, accepts, or retains any payment in violation of any provision of this Chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court. B. Criminal Remedies - It shall be unlawful for an owner to adjust any rent in an amount in excess of that allowed under this Chapter or by order of the Board. Any owner who willfully and knowingly violates any of the provisions of this Chapter or the orders of the Board shall be guilty of a misdemeanor. C. Injunctive and Other Civil Relief -The Board, the Director, the City, and the tenants and owners may seek relief from the appropriate Court within the jurisdiction within which the rental unit is located to enforce any provision of this Chapter or its implementing regulations ~or to restrain or enjoin any violation of this Chapter and of the rules, regulations, orders and decisions of the Board. D. Non-waiver of Rights -Any waiver or purported waiver by a tenant of rights granted under this Chapter prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. (Ord. MC-865, 3-22-93) 8.90.410 Periodic review of Chapter. A. The Mayor and Common Council shall review the provisions of the Chapter one year following the date of adoption thereof, and at any.other time deemed appropriate, in order to consider the following: 1. Whether this Chapter continues to be necessary to protect the public health, safety, and welfare. 2. Whether the implementation of the provisions of this Chapter have been adequate, and 3. W Nether the provisions of this Chapter should be amended to provide more effective regulations or to avoid unnecessary hardship. (Ord. MC-865, 3-22-93) 8.90.420 Severability. If any provision(s) of this Chapter or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable. (Ord. MC-865, [Rev. December 1, 2009] g- [ ~4 3-22-93) 8.90.430 Chapter to be liberally construed. This Chapter shalt be liberally construed to achieve the purposes ofi this Chapter and to preserve its validity. (Ord. MC-865, 3-22-93) Chapter 8.93 BICYCLES PROHIBITED IN CERTA{N PUBLIC BUILDINGS Sections: 8.93.010 8.93.020 8.93.030 8.93.010 Prohibition. Prohibition. Exceptions. Violation. It shall be unlawful to bring a bicycle or bicycles into the City Hall or the second or third floors of the City Hall annex. (Ord. MC-951, 11-6-95) 8.93.020 Exceptions. Section 8.93.010 shall not apply to police officers or to those who have received the prior written permission of the Facilities Manager of the City. (Ord. MC- 951,11-6-95) 8.93.030 Violation. Violation of Section 8.93.010 shall be either a misdemeanor or an infraction. (Ord. MC-951, 11-6-95) Chapter 8.95 ANIMALS PROHIBITED IN CITY BUILDINGS Sections: 8.95.010 8.95.020 8.95.030 Prohibition. Exceptions. Penalty. 8.95.010 Prohibition. All animals whether domestic or otherwise and whether dead or alive are hereby prohibited from being bought, carried, or otherwise allowed entry into any building belonging to or operated by the City of San Bernardino. (Ord. MC-795, 6-17-91) 8.95.020 Exceptions. A. The prohibition of Section 8.95.010 shall not apply to animals trained and certified to assist the blind and deaf, or any animals used by a law enforcement agency. [Rev. December 1, 2009] 8- ] 75 Section 246. Civil Service Board - Appointment. A Civil Service Board is hereby created which shall consist of five members who shall be qualified electors of the City and appointed as hereinafter provided. The three members in office on the first Monday in May, 1959, shall continue to serve for the remainder of their respective terms. On July 1, 1958, or as soon thereafter as this Charter amendment becomes effective, the Mayor, with the consent and approval of the Council, shall appoint one member to serve until the first Monday of May, 1959, and one to serve until the first Monday of May, 1961, and thereafter, by rotation in the following manner: Two members shall be appointed on the first Monday of May, 1959, two on the first Monday of May, 1961, and one on the first Monday of May, 1963, each for a term of six years. On the first Monday of May, 1965, and every odd numbered year thereafter, the Mayor with the consent and approval of the Council, shall appoint the same number of members of the Civil Service Board for a term of six years as the number of members whose term of office expires at that time, who shall take office the first Monday of May of said year, or as soon thereafter as appointed and qualified. Members of the Board shall not hold any Other publlC Office. (As added by special election held November 4, 1924 and amended by special election held June 3, 1958.) (City Attorney Opinion No. 95-12; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4) Article XII Free Public Library Section 205. Trustees -Terms. The Free Public Library shall be under the management of a Board of five Trustees who shall be appointed by the Mayor subject to the approval of the Common Council; provided, that the first Board of Trustees under this Charter shall take office on the second Monday of May, 1905, and shall at their first meeting so classify themselves by lot that three of their number shall go out of office at the expiration of two years, and two at the expiration of four years; otherwise their term of office shall be four years. On the second Monday in May succeeding every General Municipal Election, the Board shall organize by choosing one of their number President. They shall also elect some suitable person as Secretary who shall act and hold office at the pleasure of the Board. Section 206. Trustees - No compensation. The position of Trustees shall be one of honorary trust without salary, or compensation, and all appointments made by them shall be made without regard to politics, and irrespective of sex. Said Library Trustees shall not be less than twenty-five (25) years of age, and must have been residents of said City at least five years prior to their appOlntment. (City Attorney Opinion No. 92-20) Section 207. Library Tax. The Mayor and Common Council shall at the request of the Board of Trustees in making the annual tax levy, and as part thereof, levy a rate which shall produce a minimum amount of at least two thousand dollars ($2,000.00) for the purpose of maintaining said Library and for purchasing books, journals and periodicals. Section 208. Donations -Bequests. If payment into the treasury of any money or property derived by donations or bequest would be inconsistent with the conditions, or terms of any such donations, or bequest, said Board shall provide for the safety and preservation of the same, and the application thereof to the use of said Library in accordance with the terms and conditions of such donation or bequest. Section 209. Title To Real And Personal Property. The title to all property, real and personal, now owned or hereafter acquired by purchase, donation or bequest, or otherwise, for the purpose, or use of said Library, when not inconsistent with the terms of its acquisition, shall vest and be and remain in said City, and in the name of said City may be sued for and defended by action at law, or otherwise. Section 210. Meetings. The Board shall meet at least once each month and a majority shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. It shall elect a Librarian and such assistants as may be necessary. The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceedings. The Secretary must serve without compensation. Section 211. Powers of Board. The Board shall have power: FIRST: To make and enforce all rules, regulations and by-laws necessary for the administration, government, and protection of said Library and all property belonging thereto, or that may be loaned thereto; SECOND: To administer any trust declared, or created for such Library and reading rooms; THIRD: To define the powers and prescribe the duties of all officers, to determine the number of, and elect all necessary subordinate officers and assistants, and at their pleasure to remove any such officer or assistant, subject to the civil service provisions of this Charter; FOURTH: To purchase necessary books, journals, publications and other personal property; FIFTH: To fix salaries of the Librarian and assistants, and other employees; to rent and equip such building or buildings, room or rooms as may be necessary for such Library or reading rooms; SIXTH: To allow non-residents to borrow books upon such conditions as the Board may prescribe; SEVENTH: To provide memorial tablets and niches or other means to perpetuate the memory of any person who makes donations or bequests to the Public Library; EIGHTH: To do all that may be necessary to carry into effect the provisions of this Charter with reference to said Library and reading rooms. (As amended by special election held November 4, 1924, with reference to THIRD.) Section 212. Reports. Said Board on or before the third Monday in July of each year, shall make a report to the Mayor and Common Council giving the condition of its trust, with full statement of all property and money received, whence derived, how used and expended, the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise, during the next preceding fiscal year, the number lost or missing, the number and character of those loaned, and such other statistics, information and suggestions as may be of general interest; and also a financial report showing all receipts and disbursements, with particulars thereof, and the names of all employees and the salaries paid to each