Ordinance No. MC-1625
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ORDINANCE NO. MC-1625
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 2.10 OF THE SAN BERNARDINO
MUNICIPAL CODE, AMENDING CHAPTER 2.15 OF THE
SAN BERNARDINO MUNICIPAL CODE, ADDING
CHAPTER 2.83 TO THE SAN BERNARDINO MUNICIPAL
CODE, AND AMENDING SECTIONS 3.16.060 AND
19.70.036(D)(14)(D) REGARDING UPDATING TITLES AND
ORGANIZATIONAL DUTIES OF VARIOUS CITY
DEPARTMENTS AND DEPARTMENT HEADS AND
UPDATING SUCH REFERENCES THROUGHOUT THE
SAN BERNARDINO MUNICIPAL CODE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the City desires to update the names, titles, and organizational duties of various City departments and department heads; and
WHEREAS, the Department of Finance shall henceforth be named the Department of Finance and Management Services; and
WHEREAS, the Department of Community Development shall be divided into the Department of Community Development and Housing and the Department of Economic Development; and
WHEREAS, the Department of Human Resources shall henceforth be named the Department of Human Resources and Risk Management.
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. Chapter 2.10 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 2.10 Department of Finance and Management Services Sections:
2.10.010 Created
2.10.020 Position established – Bond
2.10.030 Powers and duties
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2.10.040 Divisions of Department
2.10.010 Created
A Department of Finance and Management Services is created.
2.10.020 Position Established – Bond
A. The position of Director of Finance and Management Services of the City is established. This position shall be in the unclassified service of the Civil Service.
B. The Director of Finance and Management Services shall be appointed by the City Manager.
C. The Director of Finance and Management Services shall execute and deposit a fidelity bond in the amount of ten thousand dollars prior to taking office.
2.10.030 Powers and Duties
The Director of Finance and Management Services, under the supervision and direction of the City Manager or their designee, shall have charge of the administration of the financial affairs of the City, except for Municipal Water Department. The Director of Finance and Management Services shall have the following powers and duties:
A. To ensure deposit of all money received by and on behalf of the City in such depository or depositories as may be designated by the Mayor and City Council, in compliance with all the provisions of the State Constitution and laws of the State governing the handling, deposit and securing of public funds and the handling of trust funds in his possession.
B. To maintain custody of money deposited in the City treasury, to invest same pursuant to the City’s adopted investment policy, and to transfer money from one fund into another fund by motion and a majority vote of the City Council or by its approval of the tentative and final budgets containing fund balances for each fiscal year.
C. To maintain custody of all securities bought by the City government for the account of any fund and of any unsold bonds of the City, and to make investments and keep records of those investments on behalf of the City. In the event of the sale of any bonds by the City, as provided by law, to deliver the same, and receive from the purchaser the amount of money due from such sale, and credit the same to the proper bank account in the same manner as other deposits and report such action to the legislative body and the City Manager.
D. To supervise all disbursements and expenditures to assure that payment has been legally authorized and appropriated, and that sufficient unencumbered appropriations exist for the payment of all claims and expenditures.
E. To develop, supervise and maintain the general accounting system for the City government.
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F. To procure materials, supplies and general services for the City and establish appropriate standards and specifications with respect to the purchase of supplies, materials and equipment.
G. To regularly, at least quarterly, and at the end of each fiscal year prepare and submit to the City Manager, and the Mayor and City Council, a statement and report indicating the financial condition of the City, including, but not limited to, receipts, disbursements, appropriations and reserves.
H. To establish, supervise, and maintain a system of data processing for the handling of accounting information and other reports and tabulations required by the City.
I. He, or his designated representative, shall audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the City government, and determine the regularity, correctness, and, with the advice of the City Attorney, the legality of such claims, demands and charges; and he, or his designated representative, shall attach to the register of audited demands before submission to the Mayor and City Council his affidavit certifying as to the accuracy of the demands and the availability of funds for payment thereof pursuant to Government Code Section 37202; and he, or his designated representative, in lieu of the City Clerk, shall certify or approve demands as conforming to a budget approved by resolution pursuant to Government Code Section 37208, provided that the provisions of Section 37208 shall in other particulars be applicable to the City.
J. To compile the preliminary budget data, including capital and operating expenditure projections, and revenue projections for the City Manager.
K. To prepare and maintain current inventory of all materials, supplies and equipment of the City.
L. To audit or designate a representative to audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the City government, and determine the regularity, correctness, and, with the advice of the City Attorney, the legality of such claims, demands and charges; and to certify by attached affidavit the accuracy of the register of audited demands, and the availability of funds for payment thereof pursuant to Government Code Section 37202 before submission to the Mayor and City Council; and to certify or approve demands as conforming to a budget approved by resolution pursuant to Government Code Section 37208.
M. To prescribe the forms of receipts, vouchers, bills, or claims to be used by all the agencies of the City.
N. To supervise the work of preparing the City payroll and maintaining records of all payroll data; and he or she shall supervise the work for the State Employees' Retirement System in accordance with the law and administrative directors of the Retirement System.
O. To perform such other duties as may be imposed by ordinance or resolution of the Mayor and City Council, or as the City Manager may direct.
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P. To appoint, supervise, discipline, and evaluate employees of the Department of Finance and Management Services.
2.10.040 Division of Department
A. The Department of Finance and Management Services shall be under the supervision of the Director of Finance and Management Services and shall consist of the following divisions:
1. Purchasing division;
2. Accounting division;
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and the City Council.
B. The heads of each of these divisions shall be in the unclassified civil service.” SECTION 3.Chapter 2.15 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 2.15 Department of Community Development and Housing Sections:
2.15.010 Established
2.15.020 Director-Duties
2.15.010 Established
There is established a Department of Community Development and Housing.
2.15.020 Director – Duties
The Department shall be under the management and control of the Director of Community Development and Housing, who shall be appointed by the City Manager. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council relating to planning, building and safety, housing, and code enforcement, and shall plan, coordinate and report on all the duties and activities involved in such programs.” SECTION 4.Chapter 2.83 is hereby added to the San Bernardino Municipal Code to read as follows:
“Chapter 2.83 Department of Economic Development
Section:
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2.83.010 Established
2.83.020 Director – Duties
2.83.010 Established
There is established a Department of Economic Development.
2.83.020 Director – Duties
The Department shall be under the management and control of the Director of Economic Development, who shall be appointed by the City Manager with approval of the Mayor and City Council. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council relating to economic development, planning, designing, and implementing economic development strategies, as well as acting as a key liaison between public and private sectors and the community, and shall plan, coordinate and report on all the duties and activities involved in such programs.”
SECTION 5.The references to “Director of Human Resources” shall be amended to “Director of Human Resources and Risk Management” in Sections 3.16.060 and
19.70.036(D)(14)(D) of the San Bernardino Municipal Code.
SECTION 6.The references to “Director of Finance” and “Finance Director” shall be amended to “Director of Finance and Management Services” in Sections 2.08.010, 2.62.020,
2.70.060, 3.05.010(B), 3.05.010(C), 3.05.030, 3.05.050, 3.08.020(C), 3.08.020(D), 3.44.050(C),
3.44.060(C), 3.44.070(A), 3.44.070(C), 3.44.080(B), 3.44.100, 3.44.110(A), 3.44.110(B),
3.44.120, 3.44.130(A), 3.44.130(B), 3.44.130(C), 3.44.140(A)(3), 3.44.144(B)(1), 3.44.144(B)(2),
3.44.144(C), 3.44.144(D), 3.44.144(E), 3.44.144(F), 3.44.144(G), 3.44.160, 3.46.020(T),
3.55.150, 5.18.040(U), 5.30.020(F), 5.30.040(A), 5.30.040(C), 5.30.050, 5.30.090(A), 5.30.100,
5.76.040(B), 5.76.110(A), 5.76.280(A), 5.76.290(A), 5.76.290(B), 5.76.400, 8.60.050(E), and
17.08.040(3) of the San Bernardino Municipal Code.
SECTION 7.The references to “Director of Community Development” and “Community Development Director” shall be amended to “Director of Community Development and Housing” in Sections 5.10.130(e), 5.10.150, 5.10.180(e), 5.10.230, 5.10.310(k), 8.18.010(B), 8.18.020(D),
8.97.100, 15.05.030, 15.26.040(C), 15.27.030(C), 15.37.045(B), 15.37.045(C), 15.37.060(1),
15.37.070, 15.57.020(B), 16.18.010(C), 19.02.040(3)(A), 19.04.030(2)(U)(2), 19.19A.020,
19.28.030, 19.28.060(5), 19.28.100, 19.68.090(1), 19.68.090(3), 19.68.090(6), 19.68.120(4),
19.68.130(3), 19.68.130(4), 19.68.130(5), 19.70.036(C)(2), 19.70.036(C)(6), 19.70.036(D)(2),
19.70.036(D)(4)(B), 19.70.036(D)(5)(A)(1), 19.70.036(D)(6), 19.70.036(D)(7), 19.70.036(D)(8),
19.70.036(D)(9), 19.70.036(D)(10), and 19.70.036(D)(14(D) of the San Bernardino Municipal Code.
SECTION 8.The reference to “Department of Human Resources” shall be amended to “Department of Human Resources and Risk Management” in Chapter 2.04 and Section 2.04.010 of the San Bernardino Municipal Code.
SECTION 9.The references to “Department of Finance” and “Finance Department” shall Ordinance No. MC-1625
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be amended to “Department of Finance and Management Services” in Sections 2.08.010, 3.04.020,
3.04.060, 3.04.080(F), 3.05.010, 3.44.131(A)(5), 3.44.131(B)(5), 3.55.030(E), 3.55.035(B),
3.55.040, 3.55.045(C), 3.55.050(A)(3)(ii), 3.55.050(B), 3.55.060(A), 3.55.060(B), 3.55.060(C),
3.55.065, 3.55.080, 3.55.080(D), 3.55.090, 3.55.110(A), 3.55.110(B), 3.55.150, 3.64.050,
3.64.070(B), 5.10.080, 5.18.040(N)(8), 5.44.025(B), 5.44.025(C), 5.44.030(A), 5.44.070,
5.44.086(A), 5.44.086(B), 5.44.100, 5.76.040(A), 5.76.040(B), 5.76.040(C), 5.76.050,
5.76.060(A), 5.76.060(B), 5.76.060(C), 5.76.070(A), 5.76.070(B), 5.76.110(A), 5.76.130(B),
5.76.130(C), 5.76.140, 5.76.170, 5.76.230, 5.76.260, 5.76.280(A), 5.76.310, 5.76.320(B),
5.76.330, 5.76.340(A), 5.76.340(C), 5.76.340(D), 5.76.380, 5.76.390, 5.76.400, 5.76.410,
5.76.580, 5.82.030, 5.82.090, 5.82.150, 8.18.070(B)(3), 8.60.020, 8.60.030(C), 8.60.030(F),
8.60.040, 8.60.080, 8.60.090, 8.60.095(C), 8.60.095(D), 8.60.160, 8.81.170, 12.32.050,
14.08.11(B), and 19.70.036(F)(7) of the San Bernardino Municipal Code.
SECTION 10.The references to “Department of Community Development” and “Community Development Department” shall be amended to “Department of Community Development and Housing” in Sections 5.10.180(e), 5.10.280(a)(8), 5.10.360(c), 5.10.360(f),
5.36.050(A), 8.14.010(A), 8.60.80, 8.97.100, 15.04.150, 15.20.030(A), 15.20.050(A), 15.37.070,
15.37.090, 15.57.050, 19.02.040(3)(B), 19.02.050, 19.02.060(2), 19.04.030(2)(V)(13),
19.06.030(2)(B)(Article II)(Section VI), 19.06.030(2)(B)(Article III)(Section V),
19.06.030(R)(1)(i)(1), 19.06.030(R)(2)(e)(3)(iv), 19.06.030(R)(2)(e)(3)(v),
19.06.030(R)(2)(e)(3)(vii), G19.10.060(2), 19.10-E.020, 19.20.030(8)(E), 19.20.030(8)(E)(3)(b),
19.20.030(8)(F)(1), 19.20.030(8)(F)(2)(a), 19.28.030(3), 19.28.030(11), 19.28.060(5),
19.28.120(3)(B) [Landscape Plan Submittal Requirements], 19.68.090(1), 19.68.150(1),
19.70.036(D)(4)(A), 19.70.040(B)(2), and 19.70.040(C)(2) of the San Bernardino Municipal Code.
SECTION 11.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 12. CEQA. The Mayor and City Council finds this Ordinance 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 13.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.
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SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1625, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 17 th day of January 2024. Ordinance No. MC-1625 was approve passed and adopted at a regular meeting held the ___ day of , 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk