HomeMy WebLinkAbout2019-187Resolution No. 2019-187
RESOLUTION NO. 2019-187
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RESCINDING RESOLUTION NO. 2015-71 ADOPTING
OPERATING PRACTICES FOR GOOD GOVERNANCE
WHEREAS, Resolution No. 2015-71 of the Mayor and Common Council of the City of
San Bernardino Establishing and Adopting Operating Practice for Good Governance was
Adopted on April 6, 2015 clarifying the roles and responsibilities of the Mayor, City Council,
City Attorney and City Manager as outlined in the Plan of Adjustment.; and
WHEREAS, The establishment of the operating practices for good governance was
intended as an interim step taken by the City to clarify operating guidelines in keeping with the
Plan of Adjustment prior to the adoption of the new Charter approved by the voters on
November 8, 2016 and filed with the California Secretary of State January 31, 2017.; and
WHEREAS, Resolution No. 2015-71 was superseded by the new City Charter approved
by the voters on November 8, 2016 and filed with the California Secretary of State January 31,
2017 along with amendments to San Bernardino Municipal Code Chapters 2.02 CITY
MANAGER and 2.58 MEETINGS.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2, Resolution No. 2015-71 attached hereto as Exhibit "A" is hereby
rescinded.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2019-187
APPROVED and ADOPTED by the Citync 1 Wgned by the Mayor and attested
by the City Clerk this 17d' day of July 2019.
m
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgetim ' Hanna, MM(t,' City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-187
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
Resolution No. 2019-187 adopted at a regular meeting held on the 1'7h day of July 2019 by the
following vote:
Council Members:
SANCHEZ
MARRA
FIGUEROA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
X
X
WITNESS my hand and official seal of the City of San Bernardino.this 17'h day of July 2019.
George66 Hanna, M46-, City r-lerk
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Exhibit A
RESOLUTION NO. 2015-71
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
GOOD GOVERNANCE.
WHEREAS, the People of the City of San Bernardino have chosen to exercise their right
and power under the California Constitution to organize as a charter city, and have adopted the
City Charter, which serves as the City's constitution; and
WHEREAS, the intent of the People of the City in choosing this form of home rule
government was to promote the efficient and effective operation of City government; and
WHEREAS, the Strategic Planning Core Team examined the provisions of the San
Bernardino City Charter that establish the distribution of duties and powers within City
Government; and
WHEREAS, the primary role of the Common Council is to establish city policy through
the Council's legislature power, pursuant to Article III of the City Charter; and
WHEREAS, the primary role of the Mayor is to serve as chief executive and
spokesperson for the city pursuant to Article IV of the City Charter, provided that he also has the
power, subject to Council approval, to appoint and generally supervise the City Manager, and
approve or d i sapprove ordinances, as well as certain other specified duties and powers; and
WHEREAS, section 102 of the City Charter specifies the many duties and powers of the
City Manager, the most significant of which is to direct and exercise immediate supervision over
the administration of all Manager -directed City departments; and
WHEREAS, section 104 of the City Charter provides broad authority to the City
Manager to exercise his appointment and management duties without interference; and
WHEREAS, under Charter Section 55, the role of the City Attorney is to be the chief
legal officer of the City, and in that capacity to represent and advise the Mayor, Common
Council and other City officers; and
WHEREAS, other provisions of the City Charter provide for an elected City Treasurer
and City Clerk, and specify the important duties and powers of those officials; and
WHEREAS, in certain respects the provisions of the Charter establishing the distribution
of duties and powers within City Government appear unclear or inconsistent, which imposes an
impediment to the efficient functioning of the City Government; and
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WHEREAS, under established municipal law principles, these City Charter provisions
must be harmonized in a reasonable manner to promote the public interest and intent of the
voters in approving those provisions; and
WHEREAS, in other charter cities that function effectively and efficiently, substantial
deference and discretion is provided to the city manager to manage and supervise the operations
of city government, and
WHEREAS, all parties hereto recognize that the efficient functioning of the City
Government is essential to the City's ability to Adopt a Plan of Adjustment and to emerge from
bankruptcy; and
WHEREAS, the City of San Bernardino's Strategic Planning Core Team Crean'), a
group of diverse community and institutional leaders, was tasked with recommending to the City
Council a new direction. for the City, a strategic plan; and
WHEREAS, this plan will provide a roadmap for the renaissance of San Bernardino and
direction for the City's impending bankruptcy exit plan, i.e. Plan of Adjustment; and
WHEREAS, in order to plan for a new future the Team established that it was important
to understand the current organizational context and they listened to a high-level assessment of
the City organization to evaluate barriers to excellence; and
WHEREAS, the Team discussed potential causes for the City's bankruptcy, the reasons
why the City cannot provide adequate services and why it is so hard to determine who is in
charge and ultimate accountability for organizational performance; and
WHEREAS, the Team feels that the foregoing issues need to be addressed in order to
achieve the vision and goals of a strategic plan and exiting bankruptcy, and
WHEREAS, it is apparent to the Team that the City's Charter is a compendium of
conflicting provisions, a recipe for inefficiency and finger pointing given the overlapping of
legislative (policy making) and managerial responsibilities between the Mayor, Common
Council, City Attorney and City Manager, and
WHEREAS, it is unclear who is in charge and whom to hold accountable; and
WHEREAS, the bankruptcy judge has ordered the City to produce a Plan of Adjustment
by May 30, 2015; and
WHEREAS, the City's economy continues its slide as an economic island in one of the
fastest growing regions in the country; and
WHEREAS, the Team feels that a change in decision making and operating practices
needs to occur immediately; and
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WHEREAS, the Team recommends that a process should be put into place leading to a
new City Charter that draws from other successful cities' experiences; and
WHEREAS, the Team recommends that the four principals (Mayor, Common Council,
City Attorney and City Manager) should agree to a list of operating practices that are ubiquitous
in high functioning cities of a similar size; and
WHEREAS, the Team recommends that given the complex San Bernardino City
Charter, the City should seek an independent legal review to ensure the principles in the
Operating Practices can be effectuated on an i nterim basis until a wholesale Charter revision can
take place and be submitted to the voters; and
WHEREAS, the City has retained Renne Sloan Holtzman Sakai LLP to review the
Operating Practices to ensure that they can be effectuated without violating the Charter;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council has reviewed and considered the
recommendations of the Strategic Planning Core Team and hereby establishes and adopts the
Operating Practices for Good Governance, attached hereto as Exhibit "A" and by this reference
made a part hereof.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING AND ADOPTING OPERATING PRACTICES FOR
GOOD GOVERNANCE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6th day of April, 2015, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA
SHORETT X
NICKEL X
JOHNSON X
MULVIHILL X
ABSTAIN ABSENT
X
Geor���nn arena, City erk
The foregoing Resolution is hereby approved this l� day of April ry015.
Approved as to form:
Gary D. Saenz, City Attorney
By-
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r- - =
R. r -
R. Carey D
City of San
Mayor
2015-71
OPERATING PRACTICES FOR GOOD GOVERNMENT
Common Council:
1) The role of the Common Council is legislative in character, which includes the power to set
policy, approve contracts and agreements and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to choose the
appropriate means to achieve the Council's goals.
2) The Common Council will make the necessary decisions to expeditiously exit bankruptcy, as well
as develop and implement a strategic and tactical plan that ensures the City of San Bernardino's
success in the foreseeable future. To this end, it will comply with Judge Jury's order to produce
a confirmable Plan of Adjustment by May 30, 2015.
3) The Common Council will proved the resources to pursue the City's best interests in bankruptcy
court along with a robust communication plan to inform the citizenry of what is at stake.
4) The Common Council, as the elected body serving all of the residents of the City, shall perform
its duties and exercise its powers in a manner that serves the best interests of the entire City,
rather than any particular geographic area or special interest.
Mayor.
1) The Mayor will build consensus with the Common Council to create and implement a shared
vision and plan of implementation to restore the City's fiscal integrity.
2) The Mayor will establish and maintain partnerships and regional leadership roles to advance the
City's interest.
3) The Mayor will be the key "face" and chief spokesperson for the City.
4) The Mayor will be the presiding officer at meetings of the Common Council and will fully
participate in discussions.
5) The Mayor will, consistent with the separation of powers contemplated by a reasonable reading
of the City Charter, not interfere with the discretion of the City Manager in the exercise of his
powers and the performance of his duties under the City Charter.
6) The Mayor will work with the Common Council and City Manager to coordinate goal setting and
the performance evaluation of the City Manager.
Mayor and Common Council:
1) The Mayor and Common Council will jointly develop clear expectations of the City Manager and
hold him/her accountable by conducting performance evaluations at least every six (6) months.
2) The Mayor and Common Council will develop and implement norms (Code of Conduct) to guide
and direct their interactions and duties, including measures to hold one another accountable for
deviations from the goals and principles set forth in the City Charter, City Code and these
Operating Practices.
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2015-71
3) Neither the Mayor nor the Common Council will interfere with the judgment and discretion of
management staff with respect to the duties that are typically managerial in nature, such as the
appointment, removal, and supervision of subordinate staff.
4) Neither the Mayor nor the Common Council will direct departmental staff (other than those in
their own departments).
City Attorney:
1) The City Attorney will focus his attention and resources on the performance of his duty as chief
legal officer to provide legal advice to the Mayor, Common Council and City Manager, and the
management of his office, and shall leave the formulation of policy and managerial matters
exclusively to those officials charged by the City Charter with those duties.
City Manager.
1) The City Manager will be the sole authority for managing City operations and directing City staff
in those departments under his supervision.
2) The City Manager will make business and policy recommendations based solely his or her
independent professional judgment and best practices in the best interests of the City, rather
than political considerations, and to this end shall strictly guard against interference with the
performance of his duties.
3) The City Manager will have both the authority and accountability to produce a confirmable Plan
of Adjustment for Common Council approval by May 30, 2015.
4) The City Manager will be responsible for implementing the Plan of Adjustment to ensure the
City exits bankruptcy as soon as possible.
5) The City Manager will be accountable for the implementation of Council goals and policy and
the overall performance of the City.
6) The City Manager will be responsible for ensuring that the Common Council and Mayor are fully
informed on all aspects of important emerging issues, and as part of that responsibility will fully
brief the Common Council at their Council Meetings on business matters before them.
Signed:
VDate:
R. Car y D is, Payor
Date:
Memb r, Common Council
Date: ZI lelo /,-, 20 Z 5
ffe-dito J. B los
Member, Common Council
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2015-71
Date:
John Valdivia
Me r ommon unc
Date:
Fred Shore I
Member, Commo Council
` Date:
Rikke
Date:
n�t
Common Council
Date:
Gary D. Saenz
City Attom y
Date: �lv
Allen J rker
City Manager
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