Loading...
HomeMy WebLinkAbout11- City Attorney CFFY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: HUSTON T. CARLYLE, JR. Subject: AN ORDINANCE OF THE CITY Sr. Assistant City Attorney OF SAN BERNARDINO AMENDING SECTION 2.40.050 OF THE SAN BERNARDINO Dept: CITY ATTORNEY MUNICIPAL CODE RELATING TO POWERS OF MAYOR. Date: September 1, 1998 ORIGINAL Synopsis of Previous Council action: None. Recommended motion: That the Ordinance be laid over for final reading. ignat e Contact person: Huston T. Carlyle- Jr. Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: P�-t�riz���/ y — O y, be 75-0262 Agenda Item. �Y 14 Ilyf HTC:ea[Po� ..rcaj STAFF REPORT Council Meeting Date: September 8, 1998 TO: Mayor and Common Council FROM: City Attorney's Office DATE: September 1, 1998 AGENDA: September 8, 1998 The Economic Development Agency of the City of San Bernardino was established as a type of"umbrella" agency to include the Redevelopment Agency, community development functions, Main Street and some involvement with the San Bernardino Convention and Visitors Bureau. In 1981,by Ordinance MC-105,the Mayor and Common Council established the Community Development Commission to govern the Redevelopment Agency. This enactment provided in Section 2.40.050 as follows: "The Commission in the procedure for adoption of orders and resolutions in the conduct of its meetings shall exercise its powers in conjunction with the powers of the Mayor in accordance with the intent of the provisions of Charter Sections 31, 34, and 36, [and] San Bernardino Municipal Code chapter 1.08 . . . . The Mayor shall have the same power and authority in the conduct of the affairs of the Commission and Agency that the Mayor has in the conduct of the affairs of the City in accordance with Charter Section 50 and 52, except that the Mayor shall not be empowered hereunder to appoint, discipline or discharge any officer or employee of the Commission or Agency. This Section is enacted pursuant to the authority of the Health and Safety Code Part 1.7 including Section 34151, the State Constitution and the City Charter, including Section 40 thereof." (emphasis added) The general law is that "[a] statute should be interpreted with reference to the whole system of law of which it is a part," (See People v Comingore(1977)20 C 3d 142, 147)and a statute should be construed, if possible, to give validity to its provisions (D'Amico v Board of Medical Examiners (1970) 6 CA 3d 716, 726). However, the State Legislature in its wisdom has vested the Charter powers of the Mayor in the Chairman of the Community Development Commission including the dismissal powers of Charter Sections 52 and 256. No action of the Council or the Commission can take away those powers. It must be concluded that the portions of San Bernardino Municipal Code §2.40.050 which purport to restrict or prohibit those powers are in conflict with State enabling statutes and the Charter and are therefore void. This clean-up Ordinance now reflects the proper language under the law. hlc:ea[powmay.srp] i - COPY ORDINANCE NO. • 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.40.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWERS OF 2 MAYOR 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 4 5 SECTION 1. Section 2.40.050 of the San Bernardino Municipal Code is hereby amended 6 to now read as follows: 7 "2.40.050 Powers of Mayor. 8 The Commission in the procedures for adoption of orders and resolutions and in 9 the conduct of its meetings shall exercise its powers in conjunction with the powers of the 10 Mayor in accordance with the intent of the provisions of Charter Sections 31, 34 and 36, 11 San Bernardino Municipal Code Chapter 1.08, Common Council Rules adopted pursuant 12 thereto, and administrative interpretations and practices thereunder. The Mayor shall be • 13 the Chairman of the meetings of the Commission. The Mayor shall have the same power 14 and authority in the conduct of the affairs of the Commission and Agency that the Mayor 15 has in the conduct of the affairs of the City in accordance with Charter Sections 50, 16 52 and 256." 17 18 19 20 21 23 24 25 26 • 27 28 HTC:ea[Powma-v.Ordl 1 • AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 1 2.40.050 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POWERS OF MAYOR I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 3 4 and Common Council of the City of San Bernardino at a meeting thereof. held on the _ day of 1998, by the following vote, to wit: 5 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LIEN 9 ARIAS 10 SCHNETZ 11 DEVLIN 12 ANDERSON li -- • MILLER 14 15 16 C1 I Y CLERK 17 The foregoing Ordinance is hereby approved this day of 1997 18 19 Mayor 20 City of San Bernardino Approved as to form 21 and legal content: 22 JAMES F. PENMAN, City Attorney 2; 24 2 By: I tea 25 26 • 27 28 HTC:ea[Powmay.0rd] 2