HomeMy WebLinkAbout06-09-2015 Charter Commitee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, June 9, 2015
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 a numbered agenda item will be required to fill out a speaker slip.
Speaker slips should be turned in to the City Clerk before the item is taken up by the Committee. The
Clerk will relay them to the Committee Chair person. Public comments for agenda items are limited to
three minutes per person, a total of 15 minutes per item, comments to be received from the public before
discussion of the item by Committee members.
ROLL CALL
PLEDGE OF ALLEGIANCE
CHAIR'S COMMENTS
PUBLIC COMMENT(LIMIT 30 MINUTES)
ACTION ITEMS(subject to time available with meeting scheduled to end by 7pm)
1. Approval of minutes from May 26, 2015 meeting
2. Procedural Matters
a. Receive report on status of obtaining professional advisors.
b. Review and Discuss Approach to Charter Review (#2a attached)
C. Review and Discuss our Public Input Questionnaire & responses concerning it received
to date.
d. Review and work on Timeline (PMS draft#2 attached)
3. Development of Skeleton Form of Government Structure (PMS Analysis#3 & chart attached)
4. Development of Skeleton City Council Structure and Powers
5. Development of Skeleton Mayor Provisions
6. Development of Skeleton Manager Provisions
7. Next Meeting Date and Time
ADJOURN
Unless changed at the June 9`h meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be 5:00 p.m., Tuesday, June 23, 2015 in the EDA Board Room, 201 N. E. Street.
Attendees are encouraged to park on the top f oor of the City Hall parking structure and access the EDA
building from there.
APPROACH TO CHARTER REVIEW - Revision#2a
6/9/15
I. PROCESS
A. Develop a specific timeline for working through the process and planned meeting schedules.
B. Actively solicit input on each decision in the process from the public, Council, relevant City personnel,
& professional advisors.
C. Work from Charter Topics, not from S.B.'s Charter. Keep General Law as a possibility.
D. Determine topics to be used; first for Skeleton and then for language.
E. For each topic review and consider the following:
1. Input received from the public
2. National Civic League's Guide & Model Charter
3. Charters of other similar Cities
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14)
5. San Bernardino's Strategic Plan & Good Government Operating Practices
6. San Bernardino's Current Charter
7. Other issues relevant to the topic.
8. Charter vs Code Filter
a. Require by Charter or Charter to Authorize Code to implement
b. Great City - Aspirational - vs Functional City
9. Manner General Law would treat, or allow treatment of, the topic
a. Comparison with reference to issues related to this topic
10. Thoughts of each Committee Member
F. Develop the desired "governmental skeleton" of basic topics first, leaving specifics, other topics and
drafting to take place later, considering first what basic approach to governing is desired (Form of
Government)
1. Council-Mayor
2. Council-Manager
3. Mixed/Other
G. Flesh out specifics and language as to each basic and other Charter topic.
II-a BASIC SKELETON TOPICS
A. Form of Government Structure
1. Council-Mayor
2. Council-Manager
3. Mixed/Other
B. Council
1. Number (reduce? Add 1 at large?)
2. Districts (Wards); Election(by Districts, from Districts, at large, mixed, cumulative voting, dual
district& final at large elections)
3. Coordination with Mayoral elections
4. Full time vs part time & compensation
C. City Officers
1. Mayor
a. Powers-Duties-Responsibilities
b. Manner of Selection (Election at large or by council or rotating from council members, etc.)
C. Other
2. Manager
a. Powers-Duties-Responsibilities
b. Relationship with Mayor, Council, Department Heads
C. Other
3. Other Offices (their manner of selection, powers, relationship with Manager, Council, Mayor, etc.)
a. Attorney
b. Clerk
C. Treasurer
6. Departments and Agencies - (consider being specific vs leaving open to ordinance by Council)
a. Police & Chief
b. Paramedic/Fire & Chief
C. Water
d. Library
e. Finance
f. Planning
g. Human Resources-Civil Service
h. Other
4. Election Process
5. Fiscal Management
II-b ADDITIONAL TOPICS - (For discussion and drafting)
7. Preamble
8. Powers of the City
9. Severability, Transition and Municipal Code Issues Resulting from Charter Revisions
10. General Provisions -
a. Charter Amendment
b. Franchises?
C. Initiative, Referendum and Recall?
d. Code of Ethics
Charter Committee Timeline #2
June 9, 2015
Dates Tasks Deadlines Comments
5/12 Developed Input Questionnaire By this meeting Approved it
5/26 Receive Input from Questionnaire By this meeting Continually receive
Requested Council approval for professional input Pending
Planned to Develop Timeline Draft was available Didn't get to it
Planned to Deal with Charter Topics Drafts were available Didn't get to any
6/9 Receive & review information as to
professional&public input At this meeting
Work on timeline At this meeting
Deal with Charter Topics At this meeting Skeleton, not details
6/23 Deal with Charter Topics Skeleton, not details
7/14 Deal with Charter Topics Skeleton, not details
7/28 Deal with Charter Topics Skeleton, not details
8/11 Deal with Charter Topics Skeleton, not details
8/25 Deal with Charter Topics Skeleton, not details
9/8 Complete approval of Charter Skeleton By this meeting Approve skeleton
Hold Public Forum on Skeleton
9/22 Start work on specifics as to each Topic
10/13 Develop specifics as to each Topic
10/27 Develop specifics as to each Topic
11/10 Develop specifics as to each Topic
11/24 Develop specifics as to each Topic
12/8
12/22
1/12
1/26
2/9
2/23
3/8 Complete Specifics as to each Topic By this meeting
3/22 Hold Public Input Forum
4/12 Review and Revise Charter change proposal
4/26
5110 Make final review and approve proposal for By this meeting
presenting to Council
5/16 Present Recommendations to Council for their consideration and approval for putting to vote of
citizens.
PMS ANALYSIS OF SKELETON FORM OF GOVERNMENT STRUCTURE #3
Description of Issue - Form of Govt- Definitions:
A. Mayor-Council: Mayor is elected at large, is CEO, makes most appointments (usually subject to
Council confirmation), holds veto or voting rights with Council, and may appoint a City
Administrator. Council established legislation and policy. Council persons are elected and some
other City Officers may be as well.
B. Council-Manager: Councilpersons are elected at large or by district. City Manager is CEO, with
Mayor having no administrative powers. Mayor may be selected from Councilpersons or may
be separately elected. Other City Officers may be all appointed or some elected. Mayor may
have some commission and committee appointment powers.
C. Mixed: Various mixtures of above two forms.
1. Input Received from Public - From 22 responses to questionnaire received, 85% of whom are
registered to vote in SB; 57010 said SB should be a General Law City; if a charter, 14% said revise
present charter, 48% said replace present charter, and 67%were in favor of a Council-Manager
form of govt.
2. National Civic League Model City Charter& Guide
Council-Manager Recommended in Guide. Discusses other forms as well. Model Charter
Article III contemplates Council-Manager form of govt.
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters.
a. Chula Vista uses Council-Manager (not specific) [300].
b. Irvine uses Council-Manager form (specific) [300].
C. Modesto uses Council-Manager(specific) [400].
d. Stockton uses mostly a Council-Manager(not specific) [see 1102 & 1201].
5 cities of populations between 300,000 and 399,999 have charters.
e. Anaheim uses Council-Manager form(not specific) [see 504 & 605].
f. Bakersfield uses Council-Manager form(not specific) [see 20(b) & 35].
g. Riverside uses Council-Manager form (specific) [300].
h. Santa Ana uses Council-Manager form [specific) [300].
9 of the 16 cities of populations between 150,000 & 199,999 have charters
i. Glendale-Council-Manager(not specific) [see VI-5 &IX]
i. Hayward-Council-Manager(specific) [300].
k. Lancaster-Council-Manager(specific) [200].
1. Oceanside-Council-Manager(specific) [200];otherwise as a General Law City[500].
m. Palmdale-Council-Manager(specific)[200];otherwise as a General Law City [102].
n. Pomona -Council-Manager(not specific [see 406&6011;
o. Salinas-Mixed-left to ordinance as to powers of Mayor&manager[5].
P. Santa Rosa-Mixed,Mayor selected from Council&is"executive head", manager is admin. head[15].
q. Torrance-City Manager form(specific) [900].
4. San Bernardino's Charter Reform Principles & objectives (5/15/14)
Principle 3 says: "The charter should be designed to enable the city to operate in an efficient
businesslike manner." The Charter-Manager for Mayor-Council form of government can do this. Mixed?
5. San Bernardino's Strategic Plan & Good Government Operating Practices
a. Guiding Principle #6 says: "The City must have a form and system of governance that is
proven to support satisfactory performance by other municipal corporations of comparable
size and complexity".
b. SB's Operating Practices for Good Government Agreement moves toward the
Council-Manager form.
6. San Bernardino's Current Charter
a. Uses mixed Council-Mayor-Manager form. See the following sections (& others):
(1) Sections 13 & 14 provide that the Mayor, City Attorney, City Clerk, City Treasurer&
Council are elected to office.
(2) Section 30 provides that the Council is vested with the legislative power of the City,
except that the Mayor may vote in case of a tie.
(3) Section 40 gives specific powers to the Council and Mayor and specifically requires
the Mayor's involvement in the appointment and/or removal and general supervision of the City
Manager, Acting City Manager, Chief of Police, and Chief of the Fire Department. Section 50 provides
that the Mayor is the Chief Executive officer and gives him/her other powers.
(4) Section 55 makes the City Attorney the City's chief legal officer.
(5) Section 100 says that the City Manager is the City's chief administrative officer
responsible for administration of all departments except Mayor, City Attorney, City Clerk, Citty
Treasurer, Water Department, Library& Civil Service System.
(6) Section 102 says the City Manager is to exercise immediate supervision over all
Manager-directed departments of the City (with exceptions).
b. San Bernardino has had either a Strong Mayor or a mixed Mayor-Council-Manager form of
government since its inception. Mayor can still be elected at large and have rights of representation of
the City for regional and other matters when using a Council-Manager form of government. Assuring
that San Bernardino's Mayor would continue to have such status under a Council-Manager form of
government is important.
C. Look at chart of San Bernardino's City Structure (attached)
7. Other Related Issues - I have none.
8. Charter vs Code Filters
a. A city's form of government must be set by Charter or it is not a constitution.
b. Commentators seem to agree that a charter established Council-Manager form of
government provides the best structure from which a city can function well.
9. General Law
a. Allows for establishment of a"City Manager form of Govt. [34851].
b. Over 2/3 of California's Cities are General Law.
10. My Thoughts: I suggest that Council-Manager form be used, with a separately elected Mayor as
the head of the city with broad leadership and representation powers, but no administrative
powers.
I
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EDDO
DRAFT Charter Committee Minutes
May 26,2015
Present
Phil Savage, Gary Walbourne, Michael Craft, Gloria Harrison,Tom Pierce, Casey Dailey, Gary Saenz, Gigi
Hanna, Mayor Carey Davis.
Public Comment
Jim Smith, of San Bernardino, spoke about an editorial in the Riverside Press Enterprise about San
Bernardino's cluttered path to recovery and said that the awareness level of the community to
bankruptcy issues needs to be raised.
Approval of Minutes from 5/12/15
The Motion was made by Tom Pierce, seconded by Michael Craft to approve the minutes of 5/12/15.
The motion carried unanimously.
Presentation from Andy Belknap, Management Partners
Andy Belknap and Catherine Standiford, of Management Partners presented the group with a
PowerPoint entitled "Successful Approaches to Charter Review" (attached).
Questions from the committee included whether Management Partners had had experience in
revamping a Charter in a city the size of San Bernardino and what experts could do throughout the
process to facilitate. Belknap said his firm had had experience with Charters and said he would advise
the group to not let perfection get in the way and suggested creating a simple, flexible charter similar to
Irvine's.
After further discussion,there was consensus that Management Partners is the best option available for
consultation service and requested that the City Manager to engage their assistance.
A motion was made by Gloria Harrison, seconded by Casey Dailey,to request that the City Manager
provide qualified, experienced Charter consultants for the Charter Review Committee as soon as
possible.The motion carried unanimously.
Review Public Input Questionnaire, possible modifications and updates of it, & responses
concerning it received to date.
Committee members turned in the responses they had received from the Public Input Questionnaire.
Clerk Hanna said she would collect the responses into a spreadsheet for analysis.
Phil Savage said he had altered his somewhat in order to make it fit into the free Survey Monkey
template for online survey taking.
City Clerk Hanna said that the survey had already been distributed and asked that it not be changed
again because it will affect the statistical data collection. She agreed to have the survey placed in its
entirety on Survey Monkey and have the City Manager's office post the link.
The remaining process items on the agenda were held off until the Committee can meet with
professional Charter consultants.
The meeting adjourned at 7 p.m.
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