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HomeMy WebLinkAboutMeno's ?Eµ14A �Yo SQ e _ „ 2 u a O �G'y�ED 1N INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO Entered Into Rec, at MCC/CDC Mfg: �14 5 0 Agenda — TO: Mayor and Common Council by: FROM: John F. Wilson, Sr. Assistant City Attorney j� ClerVCDC retary of San Bernardino DATE: March 25, 2010 /' RE: City of San Bernardino Status Update to 2007 Organizational Review by Management Partners, Inc. Dated March 2010 CC: Charles McNeely, City Manager James F. Penman, City Attorney Rachel Clark, City Clerk David C. Kennedy, Treasurer The above-referenced document is presented for your consideration at the City Council Retreat of March 25-27, 2010. This is a follow-up to the original 2007 Study. With respect to those portions of the document addressed to City Attorney's Office operations, it is noted that this office was not contacted by the authors during its preparation. In reviewing the material, we have identified a number of comments appearing under the heading"Completed Recommendations"that require clarification as follows: Page Rec.No. Comment. 40 16 In 2009,this office prepared and indexed 67 formal Prepare and index legal memoranda that are within the definition of legal opinions "legal opinions"used in Recommendation 16 of the 2007 Study. Our research suggests that other law departments do not annually produce 100 to 500 opinions of the same quality as implied in the 2007 Study. The legal memoranda are readily available in our office and serve the positive uses identified in the 2007 Study. They are not placed on the intranet because of concerns with the misuse of the information. i Page Rec.No. Comment. 40 17 Increase legal An additional attorney has been assigned to land use and resources for land development law. One of the departmental assignments of use and development the original attorney has been re-assigned to another attorney. The City Attorney's office has requested funding for an additional attorney,but this request has been rejected by the last 2 City Managers. 40 19 Prepare annual litigation report We have contacted other cities, including Riverside, Pasadena and Burbank, none of which provides such a report. When we asked about the report, we were in turn asked how could you do this without compromising the confidential status of City lawsuits? The production of such a report could arguably open the door to a legal decision that the City,by publishing the report recommended by Management Partners,has waived the confidentiality of those cases addressed. Such waiver could be construed to be a waiver in part or, depending on the depth of analysis, much of the entire case. 40 22- Offer annual training on key topics This Office has provided training to the Code Enforcement, Fire, Police,Development Services, and Integrated Waste Management departments and the Planning Commission and Library Board. This is referenced in the 2007 Study. We have a continuing offer to all departments to provide law related training and to provide advice as needed. Deficiencies in core competence are, however, a more significant issue. 40 23 Establish published turnaround time goals This is a recommendation that there be better formal communication of processing times. There exists a formal understanding of the processing times for agenda items. Processing times are established when the facts dictate a F:\WILSON\Mayor\mgmt study corrections 2010b.wpd Page Rec. No. Comment. 40 23 time for completion of a given legal review. Other projects are less susceptible to this recommendation because of the unique effort required for each project and the effect of the introduction of higher priority projects on the time for completion of a project. Time parameters are always communicated, although some may be very long and not always to the satisfaction of the party. 40 24 Contractual The basic issue of communication of performance expectations has language for at-will been substantially addressed with the introduction of a new City employees in the Manager. "At-will" statue is established by a combination of City Attorney's of factors. The contractual language recommended is superseded Office by employment practices that are inconsistent with being at-will. Until there is a clarification of overall City practices and documentation, e.g. MOU's, departmental rules and directives, etc. the effect of implementation of this recommendation remains a question. 36 99 Consolidate Human Services and Civil Service Practical incompatibility, and the legal incompatibility. issues identified in City Attorney Opinion No. 88-9,have not been resolved. 46 132 Light duty for fire fighters On December 20, 2007, the City Attorney's Office issued a memorandum to the Fire Chief clarifying the Fire Department's ability to implement a light duty program. On February 6, 2008, a proposed light duty policy was forwarded to the President of the Fire Union along with a request that union leadership contact Human Resources if they wished to meet regarding the proposed policy. On March 27, 2008,the Fire Union's attorney sent a letter to Human Resources stating that the union was not in concurrence with the proposed Light Duty program and did not consent to the implementation of the proposed program based upon language in the Fire Safety's MOU that provides: "All benefits,privileges and working conditions authorized for members at the present time, which are not F:\WILSON\Mayor\mgmt study corrections 2010b.wpd i Page Rec. No. Comment. 46 132 included in this MOU, shall remain in full force during the term of this MOU unless changed by mutual consent." Since the Fire Department has an existing light duty policy, the proposed new program could not be implemented without the Fire Union's mutual consent. As a result, City management made the decision to address the Light Duty program in subsequent contract negotiations with the Fire Safety Union when the present MOU expires. 21 (None) City Attorney review of agenda items Common Council Agendas: Loss of staff that performed editor functions at the department level has made City Attorney review of"routine"documentation more important since the 2007 Study. Time is spent on correction of basic language,review of content relative to the intent of the document, and determination of compliance with City policies and other laws and regulations. It must be understood that review is attendant on the City Attorney function of managing the full range of legal risks inherent in improperly prepared documentation. A City action taken on the basis of an incomplete or wrongly presented set of facts on"routine" agenda items is as problematic as an action taken in violation of statute. FAWILSON\Mayor\mgmt study corrections 2010b.wpd Joe Arnett, 1681 Echo Drive, San Bernardino. Mr. Nalbandian spent the better part of 5 hours lecturing last night on many different governmental concepts ranging from political representation, social equity and individual rights. His lecture included thoughts on community values, personal values and identity and how all of these things impact government structures, decision making, potential conflict and it's resolution. Towards the end of Mr. Nalbandian discussion, as the breakout sessions were winding down... it occurred to me that the one unarguable truth was that all of this is for the purpose of serving the people, our families, our friends, neighbors and strangers —> so that, we can all live together in peace and prosperity which was exemplified in the story he closed with about the flood survivors. Having been a disaster survivor myself it was a story that was not lost on my ears. To this point... as I reviewed the 264 page document titled, "Building a Better Community," I noticed that at the top of each organizational chart example - words to describe you and me. . . citizens, residents, the people. During the breakout session questions were asked in an ideal scenario, What does the governing body expect from city staff, conversely, what will the governing body contribute back to the process. What does city staff expect from the governing body and conversely what will city staff give back or contribute to the process. That was all very good. Folks, the questions that weren't asked are, "what do the people expect from their governing body and city staff and conversely what will the people contribute. So, I don't know if this is something you want to add to the postings on the wall there but I'm going to offer you some suggestions. What will the PEOPLE contribute? Entered Into Rec, at MCC/CDC Mfg: VZk/ie by, LA_. � 1 ) For starters: Our Tax Money Agend It m No: J 1 by: C,c� City Clek DC Secretary City of San Bernardino What will the PEOPLE contribute? 1 ) For starters: Our Tax Money 2) Civilized behavior and to abide by our laws 3) Neighborhood Association Involvement and Neighborhood Watch partnerships. 4) A Sprit of Volunteerism and Civic Pride. What do the PEOPLE expect from the governing body and city staff 1 ) Public Safety — Adequate yet aggressive Police and Fire Services given our population and demographics. 2) Ease of doing business. Customer Service 3) Complete governmental transparency including specifically, full disclosure of all public financial information 4) Adherence to the rules, regulations and responsibilities relative to the Brown Act, and applicable sunshine laws. 5) Lastly, Leaders who keep their promises. As you continue to discuss these important matters I hope you would give some consideration to the expectations and contributions from your citizenry. Thank you. San Bernardino Mayor and City Council Vision Brainstorm March 26, 2010 WORKING PAPERS/DRAFT DOCUMENT Thinking about the ideal, most desirable City of San Bernardino in the year 2025 and keeping a possibility oriented perspective: 1. In 2025, when we arrive or live in the City of San Bernardino, we will describe it as . . . 2. Keep: To get to that ideal, what is it that you want to keep about the City? 3. Change: To get to that ideal, what is it that you want to change about the City? Green Group Chas, Virginia, Charles, Jason, Rachel In 2025, we will describe the City of San Bernardino as: • Middle class homes • CSUSB SBVC that is bigger and better - More degrees, programs -nt2red Y1110 Rec. atC/C� (tl�tg ��7�d - World class institutions hV: tw • Recreational amenities Agenda it NO: - Community centers )Y:: 'J tko -0 C� - 20 libraries/community centers Clay Cledd DC Secretary • Known for vibrant economic community Nity of San Bernardino - Green - Vibrant, clean, safe downtown • Vibrant art/culture - theater/performing arts, public art, street performers, museums • Surround airport with logistics and warehouses • Senior center with pool and amenities • Change mobile homes into different communities; modernize • Clean, fresh main corridors; no blight, graffiti from freeway view • Completion of downtown transportation plan • Smart growth; connect revitalization (downtown to south) • Reputation as a safe business community • All American City • Bustling, vibrant Westside; bridge - Mount Vernon • Iconic landmarks - Route 66, Placita Park, Arrowhead Springs, California Theater, CSUSB • Supports businesses Low taxes Streamline business registration/development processes Lower utility tax Maximize enterprise zone Predictability of getting projects done • See long line of businesses waiting • Good place to raise families Sports venues Parks/open spaces Expanding sports venues • Maintain historical treasures - Santa Fe Depot/Whistle, Sturges/California Theater • Create top notch schools; charter schools 1 • Bookstores, Nordstrom Keep: • Small town feeling • Diversity • Neighborhood associations • Middle class families • Signature events (WRLL, Rt 66, NOS, etc.) • Strong public safety - police, fire • County seat • Form of government • Supporting/partnering with faith based community • Fire through JPA; decentralize management • Ward system • Open mind • 186 Change: • Image - blight, crime • Increase home ownership • Bring more middle class families • Parolee treatment = improve job opportunities • More youth and senior programs • Lower utility tax • Form of government • Streamline development services process • Provide better customer services - Expand online services - Services at community centers • Provide Downtown Ambassador Program • Provide more recreational sites; community centers • Provide equitable allocation of funds and transparency • Way CDBG funding is allocated Identify priorities Allocation by ward • Partnerships with other elected officials to maximize resources • Have several theaters • Eliminate bureaucracy - Streamline business process - Make more business friendly More efficient • Change political culture - don't personalize politics • Change collection/allocation of DIFF fees; keep DIFF funds where collected • Way 215 runs to provide Westside access • Development Services Department Attitude/customer service Possible personnel changes "Can't do" attitude to "Can do!" 2 • Fire Department staffing levels - Plus one • 186 • Way we do road maintenance - Make it a higher priority - Enhance funding - Change slurry seal program • More Parks Department staffing • Refuse Department changes - analyze possible outsourcing; keep options open • Staffing structure - mayor, council, city manager Give more policy focus Have a grant writer in the Council office • City Hall hours - need to be open 5 days • Additional law enforcement; more foot patrols • Change the way we deal with the homeless Explore ordinances to deal with public health issues Address homeless behavior • Restrictive lot sizes for development • Financial stability - Establish reserve account for retirements - Establish reserve for vehicle replacements - Better job of collecting revenues - Better auditing - Develop financial incentives for business • Change business corridors Beautification Shrink corridors to get higher quality businesses Change moratorium to allow good businesses to come (i.e. national chains) • Crack down on bad businesses blighting the community • Change staffing level at Code Compliance; establish focus areas (are businesses being cited?) • Empower the City Manager Have needs list - Power to remove department heads - Give Council power to remove department heads - Hold people accountable - Change to allow Council to evaluate department heads Purple Group Mayor, Wendy, Fred, Rikke, Debbie In 2025, we will describe the City of San Bernardino as: • Vibrant bustling airport • Able to see the mountains; smog free city • Safe place for all who live and work here • Sense of excitement, alive, people walking, bicycling, vibrant City core, nightlife • Destination place • Accessible by public transit; a sense that you can get there by rail, bus, good access from freeway • Gateways like Orange County 3 • Place of great beauty • Broad sidewalks, curb and gutter • Landscaping that is beautiful • Moving there because it does not tolerate atack of civic pride • Know values of property will stay [up] • Want to move because civic pride is expected • Professionalism is expected • Place to do business • Maintain diversity in community; open arms • High quality educational system to attract diversity in the community • Quality university - comprehensive quality education from preschool to university • Diversity of post high school educational opportunities (art institute, etc.) to get a diversity of students; allows people who live here to get an education here • Healthy business community • Reputation to be second to none • Art and culture • Change the image • Change in socio-economic demographics - balanced business, property, expendable income tax base • Known as Youth/Youth Sports Capital of the World • Recognized as clean, eco-friendly city with best practices in sustainability and for achieving a sustainable environment Keep • Landmarks - California Theater • Airport • Celebrating our water and natural resources • Older commercial corridors • Harris Co building • Heritage building • Courthouse • Woolworth • Anderson • Buildings of the 50's and 60's; heritage homes • Route 66 • Sturgis Center for Arts • Community Hospital; St. B's • Arrowhead Springs Hotel • Perris Hill Park/Bowl • Secrombe Lake Park; other parks • Ball Park; Soccer Complex • Central Library; library system • Universities • Cultural events; Route 66; symphonies • Form of government • Cultural diversity • Friendly city; welcoming attitude 4 • Trust level among politicians • The fact that we are so unique in the way we govern ourselves • Re-examine the structure (charter) • Streetscape - Sidewalks next to curb are not safe - More shaded downtown streets - Bicycle lanes • Outside perception - how the City is perceived by the rest of the region, state, and country • Streetscape on certain streets • Intelligent and visionary streetscape planning • Demographics of downtown; more socio-economic diversity • Stronger tax base • Change business climate - Best practices in planning and development - One stop processes - consistency - The way City Hall does business with a range of businesses from small to the development community - Bureaucrats need to understand businesses • Ratio of renters to homeowners • Compliance with rental housing policies • The landscape of the Orange Show • True customer service culture within City government - Problem solving attitude - Change attitude of fear of change • The face of the City - beautiful entrances with public landscaping • Image and reputation • Residents' attitude about civic pride and participation Change: • Feeling that there is a lack of inclusion among whole governing body • Performance of our public schools • General quality of life of our residents, currently inadequate Better parks Responsive public safely Responsive code • Public safely to improve consistent delivery of services • Diversity of the Fire Department workforce • Empowering constituents to share responsibility for public safety in the community - Neighborhood watches (more successful ones) - CERT - Neighborhood associations • Improve responsiveness to neighborhoods • Increase participation in civic affairs • Pension structure related to the budget • Electorate participation; higher voter turnout; engage them; change public apathy • Coordinate election cycles • Change the way we get the City's message out Improve communication with the community 5 Change environment of communication using technology Uses sources that exist currently (i.e. water/trash bills) • Charter change - departments reporting structure • Increase the reserves; change the reserve policy • Marketing of city resources and incentives to employees via small businesses • Recognition awards for long standing businesses • Methods for retaining and attracting businesses Know that businesses are struggling and offer services Create fiscal stability for the City People need to feel that government is stable and responsive • More vibrant arts and cultural life in the City; no arts association (Arts on 5`" was defunded) • More statues, public art, recognition of history • Create a public square downtown • Reinvigorate downtown with public/private partnerships • Improve all commercial corridors; PBID concept (Waterman, Highland, Baseline, Mount Vernon, Del Rosa) • Get to celebrate diversity in residential areas; support diverse neighborhoods so that neighborhoods flourish; help neighborhood reinvent themselves • Enhance cultural diversity - Create diversity area Create names/banners - Refer to neighborhoods as a "place" • Enhance housing stock diversity • First time homebuyers credit • Take advantage of advertising incentives • EDA grants - make it easier to attain them (seniors and first time home buyers) • The way we do business; change the bureaucracy • Enhance nightlife downtown • Public's participation that government can solve all problems (balancing values) • Bullying mentality and management styles at City Hall so that we have more respectful, professional management 6 City of San Bernardino r \ Mayor and Common Council ISION THEMES Preliminary Vision 2010 1 , � Je[ommmiry . auHlrcatian / Business and \ Ec is Develop nt City of r an Bernardino / PRELIMINARY CORE VISION , • Destination place • Multifaceted transportation hub- -• Unique Ilion runsyyorta[ian Education center Housing aM 1 __ a In/raslruc[u ..Family friendly community —0-., h, • All American City •-Youth Sports City • Business incubator 1 _ ' Vibrant Education �'� iiry olLile / I r � � E1i99a ne 4revr caxsuttan{s�Ntrwiio�.ai 7 San Bernardino Mayor and Common Council Vision DRAFT The following document is a first draft. Considerable revision is still needed in this document. Safe Community In 2025, San Bernardino has active neighborhood associations that engage in their communities through town hall meetings and provide guidance to their elected officials. The Neighborhood Cluster Association takes a leadership role in coordinating neighborhood cleanups. In addition, there are neighborhood watches that take responsibility for crime prevention in their neighborhoods. In 2025 the residents of San Bernardino support and appreciate their law enforcement personnel. Business and Economic Development The city of San Bernardino is business friendly, striving to provide easy access to public officials, resources, and incentives necessary to create an environment that expands job opportunities. We strive to expedite and streamline economic development by providing one-stop business support services including eco-friendly options. We promote a competitive business environment that attracts and retains healthy businesses, reducing unnecessary bureaucratic red tape. Education We are a city that embraces the concept of lifelong learning. Together with our educational partners, we provide a network of support services from birth through retirement. We provide quality day care and preschool for all of our children. Our learning ready children have enviable choices in both quality public and charter K-12 programs, We offer our residents abundant educational opportunities in our local community college, our highly ranked state university, and 14 private colleges offering degrees for every career path. For those innovators in start up business entrepreneurs our City, in partnership with the state university, offers education, financing, location, and employee training assistance to assure the success of new enterprises. For those in retirement we offer a host of extended learning programs at all of our recreation and senior centers as well as our college and university campuses. Responsive Government The City of San Bernardino respects all its residents and its business community and serves its needs with efficient, transparent, and expedient action. Public officials are accountable to the people they serve by providing easy, effective access to services the public deserves. The City of San Bernardino is fiscally responsible, visionary, and intelligent in its implementation and delivery of quality, cost effective services. We partner with the community and private sector when the greater good will be served. Enhance our Vibrant Quality of Life San Bernardino in 2025 continues to be the premier location for family friendly events such as the Orange Show, Route 66, and the Western Regional Little League. We have a walkable downtown with a downtown ambassadors program and many family friendly amenities. You can visit the California Theater or Sturgis Center for the Performing Arts to enjoy a wide variety of entertainment or our new modern art museum. Our City is full of public art, murals, and statues or you can just enjoy the street performers in the downtown promenade. Sports oriented individuals and families have many choices as well. You can take in a baseball game at the Arrowhead Credit Union Stadium or see an NCAA basketball game at the Cousollis Arena at CSUSB. We have added many ballfields and sports facilities in neighborhoods around the City so that families and kids can easily access our parks. Today we can brag about 20 libraries and 8 community centers that make San Bernardino the most family friendly and diverse city in the Inland Empire. Transportation and Infrastructure In 2025, San Bernardino will welcome residents and visitors to the Inland Empire with a thriving, vibrant International Airport, which will be accessible by bus and rail. A walkable community with many bike lanes populated by water fountains serviced by our abundant Bunker Hill Basin water reservoir. The City is a place with an intelligent, environmentally planned infrastructure designed for long term sustainability for all who live and work here. Beautification In 2025, the City of San Bernardino has inviting corridors with murals at all entryways to the City. The once blighted, low yielding commercial corridors have been transformed into well thought out and pedestrian friendly walkways with greenbelts that include water features. Code enforcement ensures that all major corridors are maintained and parks are lush and green with youth sports amenities. Housing and Home Ownership In 2025, the City has an abundance of quality middle class neighborhoods that have parks, trails, and community centers. In addition, there is ample senior housing to provide for aging residents. The new government center has attracted new condominiums that provide housing opportunities to those who want the urban lifestyle. Along with the wide range of housing opportunities, new or existing residents can choose from two master planned communities - "Arrowhead Springs" and "Martin Ranch" projects. The Cal State area has 900 units that offer live, work, and single-family residents all within access of a clubhouse. The EDA continues to provide first time homeowner assistance and has an impressive plan to buy once rental homes and convert to single-family owner occupied homes. 9 Roles for the Common Council, Mayor, and City Manager Common Council Mayor City Manager • Set policy - be the . Work with the Council to . Get her done! legislative body set public policies, . Insure Development • Respond to constituent including the Council list Services delivers issues . Preside over council . Manage City departments • Represent constituent meetings • Manage the managers needs . Appoint the City Manager, . Manage City operations • Provide oversight; hold the Police Chief, Fire Chief, . Carry out vision and City City Manager accountable and EDA Director policies for carrying out policy and • Give general oversight of • Listen to the Council for performance all City functions individually and as whole • Provide vision for the City . Provide ceremonial • Inform Mayor and Council • Set goals for the City leadership of issues • Approve the budget • Have collaborative • Prepare the budget provided by the City Mgr. relationship with Council • Be honest and transparent • Support staff; give them • Oversight of work of City with the Mayor/Council tools to perform their jobs Manager, EDA Director, . Fair and equitable to • Give appropriate Police Chief, Fire Chief employees recognition to staff • Chief spokesperson . Hold employees • Advocate on behalf of • Provide leadership accountable residents (mentoring, direction, Follow rule of law, Brown • Approve ordinances and advice, consultation) Act, and Charter participate in construction • Provide leadership at . Provide public information of ordinances through council meetings • Make recommendations committees . Accountability for results • Support Mayor and Council • Set own rules for Council . Represent the City with . Provide data and research • Provide community other organizations outside analysis leadership (identify the city problems, mobilize solutions, be voice, etc.) • Make appointments to commissions in wards and the City • Open/free exchange of ideas with the Mayor and City Mgr. to help construct policy; be inclusive and proactive in this • Be informed before we cast our votes; ask questions if we don't understand • Deliver results to constituents 10 a 41 c W w A 5 � aW PIZ � � � a w W � O U 44 .° (may a c a, a � �