HomeMy WebLinkAboutItem No. 05 - Budget Amendment for the Offices of the Mayor and City Manager - Ordinance Amending Chapter 2.02 of the Municipal Code
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Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Budget Amendment and Ordinance Amending MC Chapter
2.02
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U),
Assistant to the Mayor II (U), Senior Customer Service Representative (U) and
part-time personnel from the Office of the Mayor to the Office of the City Manager
effective April 16, 2020.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1534, 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
assigning responsibility to the City Manager for the administration of the Offices
of the City Council, Mayor and City Attorney.
Background
After receiving an update on March 18, 2020 regarding staffing in the Office of the
Mayor, the City Council directed the City Manager to bring forward a budget
amendment to transfer funding for all of the full-time and part-time staff in the Mayor’s
Office, with the exception of the Executive Assistant to the Mayor, to the Office of the
City Manager.
Article V, Section 502 of the City Charter assigns responsibility to the City Manager for
the administration of each City department excluding the Offices of the City Council,
Mayor, City Attorney, and City Clerk. Section 502 further states that with the consent of
the Council, the City Manager may serve as the executive of one or more of such
offices. On April 1, 2020, the City Council further directed the City Manager to bring
forward an Ordinance to amend the City’s Municipal Code to assign administrative
responsibility for the Offices of the Mayor, City Council, and City Attorney to the City
Manager.
Discussion
The transfer of staff from the Mayor’s Office to the Office of the City Manager will
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require a budget amendment in addition to an evaluation of the scope of responsibility
assigned to staff within their existing job classifications in relation to the operational
needs of the City Manager’s Office. This will be completed in two parts. The budget
amendment presented this evening is the first step in this process. The adopted FY
2019/20 operating budget for the Mayor’s Office includes four (4) full -time support
positions in addition to funding for part-time personnel. As directed by the City Council,
the budget amendment presented for adoption would transfer three (3) of the four (4)
full-time positions from the Mayor’s Office as well as the remaining funding for part -time
personnel to the Office of the City Manager as identified in the table below.
Position Status Adopted
Budget
FY2019/20 Salary
& Benefits
Action
Mayor’s Chief of Staff (U) Full-Time Filled $121,052 Transfer to City
Manager’s
Office
Assistant to the Mayor II
(U)
Full-Time Vacant $ 86,913 Transfer to City
Manager’s
Office
Executive Assistant to
the Mayor (U)
Full-Time Filled $66,096 Retained in the
Mayor’s Office
Senior Customer Service
Representative (U)
Full-Time Vacant $63,200 Transfer to City
Manager’s
Office
Legislative Field
Representative (U)
Temporary
/ Part-Time
Filled $52,000 Transfer to City
Manager’s
Office
The second step associated with the transfer of personnel from the Office of the Mayor
to the Office of the City Manager will require an assessment of each job class ification
considered in combination with the operational needs of the City Manager’s Office. The
staffing structure of the City Manager’s office will be addressed as part of the FY
2020/21 budget process.
As directed by the City Council on April 1, 2020, Ordinance No. MC-1534 amends
Chapter 2.02 of the City’s Municipal Code to assign to the City Manager, responsibility
for the management and oversight of support staff in the Office of the City Council,
Mayor, and City Attorney. If approved by the City Council, this change will go into effect
30 days after the second reading of the Ordinance.
Fiscal Impact
The fiscal impact to the City associated with the transfer of funding for the Mayor’s Chief
of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U),
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and the remaining part-time budget, effective April 16, 2020, is $65,417. There is no net
impact to the General Fund. The Mayor’s budget will be reduced by $65,417 and the
City Manager’s budget will be increased by the same amount.
Conclusion
It is recommended that the Mayor and City Council amend the FY 2019/20 Adopted
Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior
Customer Service Representative (U) and part-time personnel from the Office of the
Mayor to the Office of the City Manager effective April 16, 2020 and adopt Ordinance
No. MC-1534 amending Chapter 2.02 of the City’s Municipal Code to assign
administrative responsibility for the Offices of the Mayor, City Council, and City Attorney
to the City Manager.
Attachments
Attachment 1 Ordinance No. MC-1534
Ward: All
Synopsis of Previous Council Actions:
May 1, 2019 City Council adopted Ordinance No. MC-1516 amending Chapter
2.02 City’s Municipal Code related to the duties of the City
Manager.
June 19, 2019 Resolution No. 2019-168 adopted, approving the City of San
Bernardino’s operating budget for FY 2019/20.
June 19, 2019 Resolution No. 2019-167 adopted amending the salary schedule for
full-time non-safety classifications of the City of San Bernardino for
Fiscal Year 2019/20.
January 15, 2020 Resolution No. 2020-006 adopted establishing the compensation
plan for part-time/temporary and seasonal employees.
March 18, 2020 City Council directed the City Manager to prepare a budget
amendment transferring all of the full-time and part-time positions in
the Office of the Mayor with the exception of the Executive
Assistant to the Mayor to the Office of the City Manager.
April 1, 2020 City Council directed the City Manager to bring forward and
Ordinance to amend the Municipal Code assigning to the City
Manager administrative responsibility for the Offices of the Mayor,
City Council, and City Attorney.
ORDINANCE NO. MC-1534
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING SECTION 2.02.060 OF CHAPTER 2.02 OF
TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE
PERTAINING TO THE DUTIES OF THE CITY MANAGER
WHEREAS, the Section 502 of the City Charter authorizes the City Manager to serve as
the executive of departments, offices, or agencies of the City with the consent of the Cit y
Council; and
WHEREAS, the City Council wishes to provide a streamlined administrative and
management process for the offices of the Mayor, City Council and City Attorney that respects
the needs of City officials while also considering budget constraints; and
WHEREAS, the City Council wishes to consent to the City Manager serving as the
executive of the City Council office, the Mayor’s office, and the City Attorney’s office.
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. The second Subsection M of Section 2.02.060, which presently duplicates
Subsection L, is hereby deleted.
SECTION 3. The first Subsection M of Section 2.02.060 is hereby amended to delete the
period at the end of the subsection and replace it with the following text: “; and”.
SECTION 4. A new Subsection N is hereby added to Section 2.02.060 of the San
Bernardino Municipal Code to read in its entirety as follows:
“N. In accordance with Section 502 of the City Charter, the City Council consents to
the City Manager serving as the executive of the following departments, offices or agencies:
(1) the City Council office;
(2) the Mayor’s office; and
(3) the City Attorney’s office.
In accordance with Section 502 of the City Charter, the City Manager shall administer
these departments, offices, or agencies in accordance with policies applicable to all other
departments, offices, and agencies, and in accordance with the powers of executives under the
City Charter and this Code. Notwithstanding the foregoing, the City Manager shall provide staff
support services for the Mayor and City Council under Section 401 of the City Charter and in
accordance with the City’s adopted budget with due respect for the work-related needs of the
Mayor and City Council.”
Ordinance No. MC-1534
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 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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this [***INSERT***] day of [***INSERT***], 2020.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Ordinance No. [***INSERT***], introduced by the City Council of the City of San
Bernardino, California, at a regular meeting held the [***INSERT***] day of [***INSERT***],
2020. Ordinance No. [***INSERT***] was approved, passed and adopted at a regular meeting
held the [***INSERT***] day of [***INSERT***], 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this [***INSERT***] day of
[***INSERT***] 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk