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HomeMy WebLinkAbout04-15-2014 Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:30 p.m. to 9 p.m. Date: Tuesday, April 15, 2014 Place: EDA Board Room 201 N. E Street, San Bernardino, CA 92418 The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the City Clerk's Office(909) 384-5102) one working day prior to the meeting for any requests for reasonable accommodation,to include interpreters. Anyone who wishes to speak on an agenda item will be required to fill out a speaker slip.Speaker slips should be turned in to the City Clerk,who will relay them to the Committee Chair person. Public comments for agenda items are limited to three minutes per person. ROLL CALL PUBLIC COMMENT ACTION ITEMS 1. Discussion and possible adoption of guidelines and/or policies for prioritizing Charter issues 2. Entertain specific proposals from Department Directors and City Manager for Charter Review 3. Discussion and possible adoption of the Anaheim Guiding Principals 4. Entertain specific proposals from Committee Members for Charter Review ADJOURN The next meeting of the Volunteer Citizen-Based Charter Committee will be S:30 p.m., Tuesday, April 22, 2014 in the EDA Board Room, 201 N. D. Street. Attendees are encouraged to park on the top floor of the City Hall parking structure and access the EDA building from there. Suggested Guidelines for Charter Chanj4e Consideration Prioritization 1. Establish two buckets: ❑ now(by the time we must report to the City on or before May 19th); and -❑ later(after the Committee's initial Report to the Mayor and Council) 2. Factors for determining what Charter provisions are to be dealt with now, rather than later: a. City Attorney's advice that we address— i. "Charter change that will most likely result in fiscal solvency" for the City. ii. Recommendations that are likely to "receive voter support in November". b. Amount of time available to diligently consider the issue before the Committee's initial report to the Council. 1 bA a � U E•� � o oo, � ,� ,� � � o AOWA Ln O n Q CL v CA U O � U ° 00 — oo u 3 U U cfs cn C*n to o o Q, 3 .� o .°' i s U r. N t. �. u U j a� ° `" 'd °� U U7� to U U to C N cd to U C/5 r"'� N M d• �n �O [� oo O� o U U O � � ca 'O C�3 U CIS :z 3 a� ct Q. ct o � ct bn �, p W cz ° to cz Cd P4 z j cn U °' cl 3 a, u o U un ct cn Cj U o Q Q Q N Oz:s o U os > C,3 ct ct c4 L)I L)I w x x x w 3 U ¢ 3 ¢ bA O -+ C-4 p� O N M �O .- -- - -- ,-- N N N N N N N � _ u 7 7 -0 c ƒ / § ƒ § k \ o � U w � c R o = t z � J / 2 j J 7 \ G 7 2 / _ \ \ / § u � \ o 2 2 2 t u ° ) j '\ CIO 73 \ % & \ 73 o 71 2 ° © ° _ % E .m ' / § ) •§ f § 2 0 \ . > ° 2 ° ° m K S � ° G a m m o ) kn z c o u o 00 o n . _ j \ VD § / ; u u = u d rn UD It m o u S C « C/5 u m ? \ = 2 S 2 2 « « _ � .- u v Q � u u © u Cl § / ct j 0 \ � � •§ d MEMO DATE: April 9, 2014 TO: Chairman Phil Savage & the Charter Reform Committee FROM: Hardy Brown, Committee Member RE: City Charter Reform Considerations & Suggestions I thought I would be at the meeting this evening but due to a request from Assembly member Cheryl Brown to accompany her to Palm Desert during the legislature's spring break I cannot be there with you. I have asked my son Hardy, whom you met last week, to read some of my prepared thoughts to you and the public. I appreciate the information given to us from the public last week and the information sent to us by Gigi Hanna with this week's agenda. Having said that here are some of my thoughts thus far: I was impressed with the first meeting and the genesis of our journey as the City of San Bernardino Charter Reform Committee and electing Phil Savage II as chairman with Gloria Macias Harrison as vice chair. Our task became clearer to me as Gary Saenz, City Attorney reviewed our charge and the various speakers made their oral presentations before us. We have been charged to: A. Gather information B. Evaluate that information C. Extract from it some things that can be acted upon by May 19, 2014 D. Recommend to the council for their adoption and placement before the voters of San Bernardino in November to repeal or change the charter that will help the policy makers and employees do a better job in guiding this city we all say we love out of bankruptcy and provide the services we need as citizens. In order to do that we, as a committee, must make sure we incorporate four things in to our discussion and deliberations: i i Citizens are the taxpayers and voters, so what do they want? Policy Makers are the mayor and council elected to carry out the wishes of the citizens by enacting policies and procedures for management staff and employees to embrace, adapt, and implement in a way that creates a positive image conducive to encouraging business commerce growth. Services are those things the citizens want the government to provide such as: safe drinking water, police protection, fire protection, parks & recreation space, public libraries, removal of general waste, and clean and safe streets. Revenue or funding to ensure that city staff employed to carry out the wishes of the citizens can accomplish those services. Those revenues will come from the citizens through taxes, fees, and other revenue sources from our county, state and federal government, and foundations and businesses interested in the welfare of our city. After reading our current charter many sections need clarification that would take too long for a May deadline. So that is something we should discuss after May. So I have selected those items in the charter that I believe we should discuss and recommend for action by the mayor and council by the May deadline. They fall within the management and revenue of the city. The first one is Section 186 of the charter that places some revenues on automatic pilot with our policy makers or management not being able to decide against it even during bankruptcy. I believe the people had something different in mind when it was placed in the charter. They voted it in out of their love for public safety. Back then those providing the service were their neighbors, their kids went to school together, they shopped in the same stores, attended the same churches, and discussed political issues on the front lawns. We looked at their service to the city and said we want the best for our neighbors and our children without realizing we had diminished our elected leaders ability to manage our beloved city. We must correct that by repealing Section 186 in its entirety as soon as possible. Secondly we must place all department heads under the supervision of our city manager but give hiring and termination of them by approval/ consent to our mayor and council. It should require a 4/3 vote of the council to hire or terminate with the mayor having veto power in all employment transactions. With a 5/2 to vote of the council of a hire or termination the mayor could not veto such actions. This, in my mind, will require the city manger (a non-elected official) to stay closer to the will of the people and the mayor greater authority to carry out the will of the citizens that elected her or him. The third issue is elections. We should move all elections to even number years during statewide and presidential year elections. This should cost less while increasing greater voter turnout with greater management control. The forth issue is that the council's salary of $600 a year is ludicrous. We can do better than that for citizens who are willing to give of their time and serve on our behalf. All we have to do is remember the predicament of one of our councilmembers. We do not want to pay them livable wages but they should be able to receive enough to illustrate our thanks for doing the job of public service. There are other issues that must be dealt with in the charter such as appointing instead of electing the city attorney, city clerk, and treasurer. Other articles and sections that must be considered as we move along in the process include: Article 1 Section 3: Time and Boundaries change done at least every ten years when the new census is released Article II Section 10 & 10: Elective officers and Elections, a primary and general with state and national elections; even years. Section 11 A Section 12 provision for election-consolidated election? Section 14 B consolidated election? Article II Section 24 Salary of mayor should not be tied to any other group Section 24A Salary of council members needs to be increased Section 40 S compensation and removal of officers - police, fire and department heads by council Article 4 Section 50 This is one of many city attorney opinions? Section 51 Appointments and vacancies? Section 52 Mayor general supervision regarding management by mayor, and council, powers of mayor over police and fire chiefs? Section 55 City attorney duties appointment to position Section 60 City clerk appointment and duties Section 70 Treasurer appointment and duties Article 5 Section 100 City manager duties Section 105 Non-eligibility dates of June 1 1987 Article 7 Recalls Article 8 Section 130 Revenue and finances Section 143-149 Special funds, water, library, and sewer Article 9 Section 160 Water board compensation Article 10 Section 180 General supervision of police and fire department and immediate supervision Section 186 Needs to be repealed all together Article 13 Section 235 Appointment or elected Section 241 Employment of legal council written consent of city attorney (not required) 3 Hopefully these thoughts will become part of the record. I 3 4 1 -1 9 a s 1 1 .3 7 a 3 1 1 a 1 1 i MEMO DATE: April 9, 2014 TO: Chairman Phil Savage & the Charter Reform Committee FROM: Hardy Brown, Committee Member RE: City Charter Reform Considerations & Suggestions I thought I would be at the meeting this evening but due to a request from Assembly member Cheryl Brown to accompany her to Palm Desert during the legislature's spring break I cannot be there with you. I have asked my son Hardy, whom you met last week, to read some of my prepared thoughts to you and the public. I appreciate the information given to us from the public last week and the information sent to us by Gigi Hanna with this week's agenda. Having said that here are some of my thoughts thus far: I was impressed with the first meeting and the genesis of our journey as the City of San Bernardino Charter Reform Committee and electing Phil Savage II as chairman with Gloria Macias Harrison as vice chair. Our task became clearer to me as Gary Saenz, City Attorney reviewed our charge and the various speakers made their oral presentations before us. We have been charged to: A. Gather information B. Evaluate that information C. Extract from it some things that can be acted upon by May 19, 2014 D. Recommend to the council for their adoption and placement before the voters of San Bernardino in November to repeal or change the charter that will help the policy makers and employees do a better job in guiding this city we all say we love out of bankruptcy and provide the services we need as citizens. In order to do that we, as a committee, must make sure we incorporate four things in to our discussion and deliberations: Citizens are the taxpayers and voters, so what do they want? Policy akers th y are e mayor and council elected to carry out the wishes of the citizens by enacting policies and procedures for management staff and employees to embrace, adapt, and implement in a way that creates a positive image conducive to encouraging business commerce growth. Services are those things the citizens want the government to provide such as: safe drinking water, police protection, fire protection, parks & recreation space, public libraries, removal of general waste, and clean and safe streets. Revenue or funding to ensure that city staff employed to carry out the wishes of the citizens can accomplish those services. Those revenues will come from the citizens through taxes, fees, and other revenue sources from our county, state and federal government, and foundations and businesses interested in the welfare of our city. After reading our current charter many sections need clarification that would take too long for a May deadline. So that is something we should discuss after May. So I have selected those items in the charter that I believe we should discuss and recommend for action by the mayor and council by the May deadline. They fall within the management and revenue of the city. The first one is Section 186 of the charter that places some revenues on automatic pilot with our policy makers or management not being able to decide against it even during bankruptcy. I believe the people had something different in mind when it was placed in the charter. They voted it in out of their love for public safety. Back then those providing the service were their neighbors, their kids went to school together, they shopped in the same stores, attended the same churches, and discussed political issues on the front lawns. We looked at their service to the city and said we want the best for our neighbors and our children without realizing we had diminished our elected leaders ability to manage our beloved city. We must correct that by repealing Section 186 in its entirety as soon as possible. Secondly we must place all department heads under the supervision of our city manager but give hiring and termination of them by approval/ consent to our mayor and council. It should require a 4/3 vote of the council to hire or terminate with the mayor having veto power in all employment transactions. With a 5/2 to vote of the council of a hire or termination the mayor could not veto such actions. This, in my mind, will require the city manger (a non-elected official) to stay closer to the will of the people and the mayor greater authority to carry out the will of the Ar citizens that elected her or him. The third issue is elections. We should move all elections to even number years during statewide and presidential year elections. This should cost less while increasing greater voter turnout with greater management control. The forth issue is that the council's salary of $600 a year is ludicrous. We can do better than that for citizens who are willing to give of their time and serve on our behalf. All we have to do is remember the predicament of one of our councilmembers. We do not want to pay them livable wages but they should be able to receive enough to illustrate our thanks for doing the job of public service. There are other issues that must be dealt with in the charter such as appointing instead of electing the city attorney, city clerk, and treasurer. Other articles and sections that must be considered as we move along in the process include: Article 1 Section 3: Time and Boundaries change done at least every ten years when the new census is released Article II Section 10 & 10: Elective officers and Elections, a primary and general with state and national elections; even years. Section 11 A Section 12 provision for election-consolidated election? Section 14 B consolidated election? Article II Section 24 Salary of mayor should not be tied to any other group Section 24A Salary of council members needs to be increased Section 40 S compensation and removal of officers - police, fire and department heads by council Article 4 Section 50 This is one of many city attorney opinions? Section 51 Appointments and vacancies? Section 52 Mayor general supervision regarding management by mayor, and council, powers of mayor over police and fire chiefs? • Section 55 City attorney duties appointment to position Section 60 City clerk appointment and duties Section 70 Treasurer appointment and duties Article 5 Section 100 City manager duties Section 105 Non-eligibility dates of June 1 1987 Article 7 Recalls Article 8 Section 130 Revenue and finances Section 143-149 Special funds, water, library, and sewer Article 9 Section 160 Water board compensation Article 10 Section 180 General supervision of police and fire department and immediate supervision Section 186 Needs to be repealed all together Article 13 Section 235 Appointment or elected Section 241 Employment of legal council written consent of city attorney (not required) Hopefully these thoughts will become part of the record.