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HomeMy WebLinkAboutdocuments distributedCOUNCIL ADOPTED VERSION ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE CITY MANAGER WHEREAS, Chapter 2.02 of the San Bernardino Municipal Code relates to the powers and duties of the City Manager; and WHEREAS, the City Council wishes to revise the provisions of Chapter 2.02 to clarify the role of the City Manager and to ensure the language is consistent with the City Charter. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 2.02.060 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: "2.02.060 The Duties of the City Manager The City Manager shall perform the duties set out in Article IV, Section 401 of the City Charter, and such other duties as may be assigned to him or her by duly adopted ordinance. In addition to the authority and duties outlined in Article IV, Section 401 of the City Charter, the City Manager shall: A. Determine the items and order of such items on the City Council's meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include am agenda item . requested by the presiding officer of the City Council; and � �g � ;� � �,� AAe-y t B. Confer regularly with the City Attorney on legal issue immediately notify the City Attorney if any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney, and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has the authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager -directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct; C. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do so by the Mayor and City Council; and D. See that all franchises, permits and privileges granted by the City, and the provisions of all contracts to which the City is a party, are faithfully observed; and Ordinance No. E. Consolidate or combine duties, offices, positions, departments or units under his direction, itt— censt+atian within the limits established by the Charter, this Code, or the annual budget; provided, however, that nothing herein contained shall be construed to supersede the authority of the Personnel Commission in the matter of disciplinary appeals; and F. Control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads; and G. Investigate as necessary all complaints and other matters concerning the administration of the City government. The City Attorney shall cause an investigation of the City Manager when a complaint warrants such an investigation as directed by the City Council or determined to be necessaa in accordance with Rersonnel rules and policies; and H. Close or restrict access to any and all public property owned or controlled by the City during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work; and I. Exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer; and J. Designate City officers or employees of the City to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violations of the provisions of the San Bernardino Municipal Code pursuant to Sections 853.5 and 853.6 of the California Penal Code. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council; and K. Ensure the preparation, posting, and publication of City Council meeting agendas and of other Commission and Committee agendas in compliance with the law, as well as maintenance of the books and records of the City; and L. Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager or his authorized representative shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the City's Purchasing System set forth in Chapter 3.04 of the San Bernardino Municipal Code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council; and M. Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the City." SECTION 3. Section 2.02.080 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: "2.02.080 Mayor and Council's authority over the City Manager and other City employees Ordinance No. In accordance with Section 306 (d) of the City Charter, neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. The City Manager shall not unreasonably restrict the ability.of the Mayor or any Council member to make inquiries directly to officers and employees under the supervision of the City Manager. In accordance with Section 401 (d) of the City Charter, the City Manager shall ensure that the Mayor and Council members are fully informed on all aspects of important emerging issues and shall provide timely and complete responses to inquiries from the Mayor or Council members. The City Mangger shall not withhold relevant and material information from the Mayor or Council members." SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Ordinance No. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of April, 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney COUNCIL ADOPTED VERSION CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. , introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20th day of March, 2019. Ordinance No. was approved, passed and adopted at a regular meeting held the 3rd day of April, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this _ day of 2019. Georgeann Hanna, MMC, City Clerk