HomeMy WebLinkAbout07-07-2015 Charter Commitee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, July 7, 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(attached)
2. Special Presentations
3. Procedural Matters
a. Discuss professional advisors and their scope of work.
b. Review Public Input Questionnaire &responses concerning it received to date.
C. Review Timeline (attached)
d. Public forum plans
e. Discussion of how City's Strategic Planning Core Group can/should be involved in
developing/presenting Charter change.
f. Present& Review Tentative Governmental Skeleton(attached)
g. Review slightly modified updated Approach Document(attached)
4. Complete Skeleton City Council Structure and Powers (PMS analyses attached)
5. Development of Skeleton Mayor Provisions (PMS analysis attached)
6. Development of Skeleton Manager Provisions (PMS analysis attached)
7. Development of Skeleton City Attorney Provisions (PMS analysis attached)
8. Development of Skeleton City Clerk Provisions (PMS analysis attached)
9. Development of Skeleton City Treasurer Provisions (PMS analysis attached)
10. Next Meeting Date and Time
ADJOURN
Unless changed at the July 7`" meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be S:00 p.m., Tuesday, July 14, 2015 in the EDA Board Room, 201 N. E. Street.
Attendees are encouraged to park on the top floor of the City Hall parking structure and access the EDA
building from there.
DRAFT Minutes
June 9, 2015
Citizens Volunteer Charter Review Committee
Call to Order
Chair Savage called the meeting to order at 5:07 p.m.
Committee Roll Call
Gloria Harrison, Michael Craft, Gary Walborne, Casey Dailey, Phil Savage, Hillel Cohn,Thomas Pierce,
and Dennis Baxter.
Staff Present
City Attorney Gary Saenz, City Clerk Gigi Hanna, Mayor Carey Davis.
Chair's Comments
None
Public comments
Jim Smith, of San Bernardino, spoke in favor of Management Partners advising the Charter Committee
and said that the 17-member Core Strategic Planning committee is continuing to work together with
them and will be meting again on July 20 from 8 a.m. to noon.
Minutes of 5/26/15 meeting
Motion to approve by Michael Craft,second by Gary Walbourne. Passed unanimously.
Old Business
Chair Phil Savage asked for the status of getting professional Charter consultant help with the process.
Clerk Hanna said she had made the committee's wishes know to the city manager's office and she didn't
know when a consultant would be on board.
Gary Saenz gave an update about the bankruptcy matters, specifically the city's request to continue a
hearing on the firefighter's request for a restraining order and injunction preventing the city from
contracting out fire services. A hearing has been set for July 15 to hear the matter.This is one of the
primary items in the city's plan of adjustment, Saenz said.
Mr. Savage said he would continue to follow the approach the committee had decided on previously
until a consultant is on board.
The committee discussed the status of its Public Input questionnaire on Charter Reform.
Communications Manager Monica Lagos spoke to the committee about the web-based survey and said
she'd send each of the committee members a link to it.The means of getting the most participation in
the survey were discussed. Lagos said the survey might be more accepted by the community if it comes
from people they know. She asked the committee to weigh in on how to proceed, although the City
Manager's office also plans to send out the survey via Facebook,Twitter, Next Door and other social
media. She said it was important to put it out on several platforms—electronic, printed and other.
Hillel Cohn asked about how to get participation from younger members of the community. He also
suggested presentations to service groups. Savage said he'd passed out 50 surveys at a baseball game
and received about 4 back.
It was suggested that the youth groups such as Generation Now and Inland Congregations United for
Change be involved in passing the links on.
Dennis Baxter asked about the controls on the survey.And there was discussion about maintaining the
integrity of the data and the survey.
I
Casey Dailey said he'd like the City to use it partnership with the City schools, specifically to use their
distribution list to get the survey out.
I
Clerk Hanna said that free notices in the water bills or using the lighted billboards along the 215 might
be potential places to run the ads. And there was discussion about a press release going out when the
I survey is officially launched June 15.
There were questions about how the survey would work.
Ms. Lagos suggested the survey be open at least until September 15 to catch people who are gone for
the summer, etc.
Rabbi Cohn asked whether the Sun or Press Enterprise and minority and weekly newspapers might be
I contacted regarding running the survey. He said there is value in doing something ceremonially and
suggested a formal filling out of the survey by the council at a meeting.
Mr. Dailey said it all needs to be synched so that the survey roll-out draws attention to it. Ms. Lagos said
she could have the press release and surveys ready for the following Monday.
Mr. Savage went through the answers that had been received so far.
I
The committee agreed that the survey was ready to go and asked that it be distributed. Monica said the
survey would be available beginning on Monday June 15.
i
Mr.Savage said he was concerned about the timeline and keeping on track through the summer.
Rabbi Cohn said we have a PR problem. "It is great top do a survey but how do you communicate with
I the public that their input is needed. We are proceeding with that assumption, right?"
Mr. Savage said under each of the topics they are discussing,what is the treatment of the topic if under
general law, or what is the situation under the present charter. Rabbi Cohn said he wants to public to
know that we are asking their input because we value it, not because we've already made up our mind.
I
Dr. Pierce said it was critical for the committee to have the assistance from the experts. Management
Partners said they had some reservations about the questionnaire and suggested focus groups and she
knows how to organize this and give us advice on how to get this done. I think the questionnaire is a
small part of the larger issue about communicating continuously with lots of different groups in the
community.
The committee discussed the skeleton framework that Mr. Savage has provided as a means to work
through the issues that the Committee is considering.
Mr. Dailey said he supports that approach so that when the survey info is back and the assistance is on
board,they will have already been through a lot of the work to determine where the committee stands
and see where things align and don't and decided how to move forward from there.The survey going
through the summer will allow ample time for people to respond, he said. "I don't think it will harm us in
our discussions because we want the public's input, but we're not going to have a thumbs up or thumbs
down simply based on the responses we get."
The June 15 to September 15 term of the survey gives the committee time to go through the charter
topics, do focus groups and get assistance it needs on board and provides a sufficient amount of time for
community to provide input, Dailey said.
Mr. Baxter said he had seen the presentation from Management Partners and that they would
essentially be the committee's staff once the city manager gets them on board.
Savage the issue is what the city manager;'s office thinks the city should be paying for support the
committee.
Michael Craft said he thinks the survey is the first step and can lead to community focus groups. He said
he didn't see the survey being a hindrance but an enhancement to it. He said he likes the skeleton
approach.
Dr. Harrison said she wants the committee to stay focused, do the skeleton and not discuss things to
death. She said she like Management Partners;they are the people wo did the study before and they
know this city better than people around this table, in some ways.The problem with city folks being our
staff is that they are going to be involved in the bankruptcy procedures for a long time."I don't want to
continue to discuss to death stuff. We are all busy people and we have a lot of work to do. So that's my
biggest concern."
Mr. Walbourne said Management Partners helped the bankruptcy team and was good as a guide in
getting through the plan of adjustment process. Someone to guide through the process would be more
efficient.
The committee voted unanimously to approve using the Preliminary Timeline#2 as a working guide.
(Motion by Tom Pierce, second by Hillel Cohn).
Mr. Savage explained how he had come up with the form of government skeleton for Charter change.
Phil provided an analysis of the structure and followed the approach, going through each item
comparing to model city charter, other charters of cities similarly sized to San Bernardino (there are four
Charter cities 200,000 to 300,000 population). Essentially all, with the exception of Stockton, have
council/management form of government.Those in 50,000 population and below range also use
council/manager forms of governance.The recommendation has been hat this is the right structure for
SB to move towards that.
Mr. Dailey said council/manager is the way to go in his miond and that the ICCM recommends the
council-manager approach. The evidence is born out in the analysis provided; I think this is the direction
we should go, he said.
Savage said one issue is to decide what goes in the Charter and what goes into the Municipal Code.
Dr. Pierce said he also supports the council-manager form of government. As reading through the
national civic league. It is what the experts consider and have considered for a long time, best practice
and that's something we need in our city—best practices to deliver the quality of life to our residents
that we all deserve.
Saenz reiterated that the core team of the strategic planning said there was close to unanimous support
for council-manager form of government and they are representative of a significant portion of the city.
If looking toward an election where the voters would replace the charter,you'd theoretically have that
significant support from the community in terms of that form of government.
Phil said 22 of the 29 respondents supported that form of government as well.
Mr. Baxter said he was not going to disagree.
The committee voted unanimously to approve the council-manager form of government as part of the
skeleton. (Motion by Dennis Baxter/Hillel Cohn)
Savage said he felt that analysis of the council would be more difficult because there are many ways
councils are structured under charters. San Bernardino has had a ward based system. It once had five
wards and then changed to seven wards and is embedded in our blood.
The seven-member council is as large as you'd find in any major city, Savage said.The details we get into
will be whether the mayor has a vote or is a member of the council; we can take that up later. He said
the league of California Cities says having a mayor with veto power is against best practices. But if the
mayor is a member of the council, there will be a will need to get back to an odd number for the council.
The council election process that intrigues him the most is one whereby wards nominate councilpersons
and then they go to the citywide final election. You have the primary election at the ward level and the
final is citywide. He contacted people in Stockton and Santa Ana,the two cities with this process. In
Stockton each ward is required to nominate two or more then there is an at large system. In Santa Ana,
you only have to nominate one candidate in the ward. Santa Ana is comfortable with the process. In
Stockton,they have had this system but one segment of the community decided it made it difficult to
get true representation and said the council was too close without enough conflict because there wasn't
true ward representation.Their charter review committee is planning to present a recommendation
away from this system to one with district/ward elections.
Clerk Hanna said that the cost of a candidate statement for a city-wide election would be significantly
higher than for a district election. Savage said that was considered a problem in Stockton, but not in
Santa Ana.
Dr. Harrison said the Community College District went to a district system and the statement went from
$12,000 to about$2,500.The other issues, she said is that they looked at the Colton School Board
system.They have people who fill the papers and we had a legal opinion that once have a city-wide
election,then the city-wide influence determines who is going to represent that ward.And in some San
Bernardino elections,the turnout has been 4 percent, 8 percent. In those cases,we do not have true
representation anyway. So to avoid the legal hassle the community college board decided not to have it
elected at large.
Several cities around the state have been challenged about whether they have true representation. I
think the council-manager form of government is fine. I like the idea of having to vote for a mayor.That
person is going to have the skill set to influence and build consensus and have leadership quality in
order to be an influencer, Harrison said.
Rabbi Cohn said he'd been so impressed with the work that Management Partners has done. So why do
we discuss these items before hearing from them?They have a good idea of where the city is at and I'd
like to hear what they have to say.
Mr. Savage said he'd hate to delay the discussion to wait for them to come in. Any decisions they make
are preliminary and can be changed if Management Partners recommends it.
Mr. Clark said that's the benefit of having an expert—the ability to analyze what the intent is and the
desire. He said that the survey wants the council elected by ward,to a great margin.At-large elections
tend to go to the ones with the most money to spend to win the election. Some wards have better
turnout for voters but with the higher voter turnout,that could cause a skew and I'm also concerned
about the monetary factor.At this point, looking at the survey, I'd be inclined to say let's stick with the
ward system.
Dr. Pierce said one issue that people were interested in, even since the 2000 charter review,was
keeping the wards in order to keep the minority communities with adequate representation.
Mr. Craft said he was asked at a Town Hall meeting whose interests he represents and he said he is
representing the residents of the fifth ward and he had documentation that the fifth ward residents are
supporting more than two-to-one the ward system.
Mr. Dailey said the community has grown to expect the ward system and there are pros and cons to
both that and the at large system. I think from a political feasibility of getting things thru, getting
completely rid of the ward system could be a death blow to the committee or any viable option to make
change. He said there are several possible outcomes and mentioned potential scenarios that would have
an outcome of elections. He said we need to stick with the way it is now and keep the wards intact.
Mr. Savage said he doesn't know how the city could move away from a basic ward system. He said he
was talking to a couple of council members and he doubts they would put the question on the ballot.
Mr. Walbourne said changing wards to at-large city wide vote would make people feel like they aren't
represented. He said the committee needs to be discussing the role of mayor.
Rabbi Cohn asked if it turns out the best form of government to the city is hard to sell to the public, does
that mean we scrap it? I don't have the answer, I'm just asking. If that's the goal, then we need to
dismiss the question of what's sellable.
Mr. Savage said that Management Partners told us not to just be idealistic, but practical.
Dr. Harrison said her motion to keep the ward system was not because it was the most efficient, but
because it offered the most opportunity for representation to the diverse community.
Mr. Savage said the committee will take up the issue of the inter-relationship of the mayor, at the next
meeting.
Dr. Pierce said what he wants and what others want is the best charter they could have for the city.
The committee unanimously passed a motion to keep a ward system. Motion made by Gloria Harrison
and seconded by Casey Dailey.
Mr. Savage said the group could add another council person and give the mayor a vote,when the group
eventually discusses the issue. Another issue he mentioned was making the council members full-time.
Mr. Craft said he has a proposal for full-time council members and Mr. Savage suggested they take the
issue up at the next meeting.
The meeting adjourned at 7:10 p.m.
Charter Committee Working Timeline (Updated 6/29/15)
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 Discussed Approach to Charter Review At this meeting
Received&reviewed information as to
professional &public input& approved
plan for disseminating questionnaire At this meeting
Approved Working Timeline At this meeting To be updated.
Approved Form of Structure At this meeting Skeleton, not details
Approved Basic Ward Basis for Council At this meeting Further aspects to be
considered later.
6/23 Deal further with Charter Skeleton
Take up additional Charter Topics MEETING CANCELLED
7/7 Introduce new participants & Deal further with Charter Skeleton;
Take up additional Charter Topics
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.
SAN BERNARDINO GOVERNMENTAL STRUCTURE TENTATIVE SKELETON
(6/9/15)
I. Council - Manager Form of Govt.
II. Council based on present Ward System
PMS ANALYSIS of SKELETON CLERK PROVISIONS (updated 6/29)
Descriptions of Skeleton Issues Related to this Topic:
A. Elected at-large or appointed
B. Appointed by whom
C. Other?
1. Input Received from the Public - From the 93 responses received to date, 42 say elected
at-large, 46 say appointed, and 5 were uncertain.
2. National Civic League Model City Charter & Guide - Model charter says (A) appointed and
(B) by city manager.
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. As to clerks of
these, (A) all are appointed (B) by the council:
a. Chula Vista - (A) Appointed (B) by council.[500(a)].
b. Irvine - (A) Appointed (B) by council [600].
C. Modesto - (A) appointed (B) by council [900].
d. Stockton - (A) appointed (B) by council [1400].
5 cities of populations between 300,000 and 399,999 have charters. Clerks of these, (A) all
appointed (B) 3 by the council & 1 by the manager:
d. Anaheim - (A) appointed (B) by council [701].
e. Riverside - (A) appointed (B) by council [700].
f. Bakersfield - (A) appointed (B) by manager [36(6)&38].
g. Santa Ana - (A) appointed (B) by council [701].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to clerks for these,
(A) 2 are elected at-large and 7 are appointed (B) of those appointed, one by manager, 6 by council.
h. Glendale-(A&B)elected at-large [IV-1].
i. Hayward-(A)appointed(B)by council [801].
j. Lancaster-(A&B)as per General Law[101].
k. Oceanside-(A&B)as per General Law[500].
1. Palmdale-(A&B)as per General Law[102.]
M. Pomona -(A)appointed(B)by council [702].
n. Salinas-(A&B)appointed(B)by council [39].
o. Santa Rosa-(A)Appointed(B)by manager[20].
P. Torrance- (A&B) elected at-large [600], but council may put to voters making this a position to
be appointed by the council [640].
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that
the charter should be designed to enable the city to operate in an efficient, businesslike manner.
5. San Bernardino's Strategic Plan & Good Government Operating Practices
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".
6. Other Issues Relevant to the Topic - I have none at this time.
7. San Bernardino's Current Charter-
A. Section 14 provides for the City Clerk to be elected at-large for a 4 year term.
B. Not appointed.
8. Charter vs Code Filter
a. Question whether locking provisions concerning City Clerk is essentially Constitutional or
just procedural or administrative.
b. Question whether locking in provisions concerning City Clerk in SB's Charter contributes
toward San Bernardino becoming a great city versus just a functional one.
9. General Law
a. A City Clerk is be appointed by Council [36501]
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts - Make city attorney appointed by Council.
Would be the same under general law.
PMS ANALYSIS of SKELETON MAYOR PROVISIONS
Descriptions of Skeleton Issues Related to this Topic:
A. Selected by public direct voting or selected from council
B. Voting Rights at Council
C. Powers of Administration and Appointment/Removal - specially of City Manager
D. Other?
1. Input Received from the Public - From 35 responses to questionnaire received, (A) 23 said select
Mayor by direct vote of public, and 10 said select from Council. (C)From 92 responses received, 77
said mayor should be head of City with the city manager responsible for administrative duties (not
the mayor), 9 disagreed, and 6 were uncertain.
2. National Civic League Model City Charter& Guide - (A)No preference between being elected
at-large or from the Council; however, see my analysis concerning Council structure. (B) Suggests
mayor should be a voting member of Council, but advises avoiding"break tie"vote of mayor. (C)
Recommends spelling out Mayor's responsibilities and powers. Mayor should not have
administrative powers or special powers to nominate or appoint or remove (includes as to cit
manager).
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. Mayors all of these, (A)
all are elected at large, (B) all have full vote as a councilperson, & (C)mixed as to powers of him/her:
a. Chula Vista - (A) Elected by city-wide at-large vote (council by ward) [300]; (B)mayor&
councilpersons each have one vote [201 & 301A]; (C) additional specific powers of mayor
set forth, but not specially involved with any appointments [304]; prohibited from interfering
with city manager's responsibilities [305].
b. Irvine - (A) Elected by city-wide at-large vote along with 4 other councilpersons & (B)votes
as a councilperson& serves as presiding officer [400]; (C) sets forth no other duties [400].
C. Modesto - (A) Elected by city-wide at-large vote (council by districts) [501]; (B) has full
vote with council [601(t)]; (C)powers set forth at length including some powers of appt
[601] & has some powers of appointment [601] &to nominate city manager [800].
d. Stockton - (A) Elected by city-wide at-large vote (council by districts/at-large) [602]; (B)has
full vote as member of city council [401 & 1100]; (C) extensive powers (including
appointments [1102] & nomination of city manager [1200]) set forth.
5 cities of populations between 300,000 and 399,999 have charters. Mayors of all of these, (A)
all are elected at large, (B) all have full vote as a councilperson, & (C)mixed as to powers of him/her:
e. Anaheim - (A) Elected by city-wide at-large along with 4 other councilpersons [500]; (B)
full voting & some other powers set forth [504]; (C) "head of City"etc. powers [504], but
manager is CAO [600 & 604].
f. Riverside - (A) Elected by city-wide at-large vote (council by wards) [400]; (B) Mayor
presides over Council with only a tie breaking vote; (C)mixed as to powers of Mayor, is
"head of City" [405], no administrative powers [407], but not much else in charter as to
powers or duties.
g. Bakersfield - (A) Elected by city-wide at-large vote (council by wards) [14]; (B)votes only
in case of tie [14]; (C) serves as "head of City", presides, but no administrative powers
[20(a)].
h. Santa Ana - (A) Mayor elected at large with(B) full vote as councilperson [400]; (C)
presiding officer, "head of city", no administrative powers [404] (manager is CAO [501].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. Mayors of all of these,
(A) 6 elected at large, 3 selected from council; (B) all have full vote; (C) mixed as to powers
i. Glendale-(A&B)selected from council annually[VI-5]; (C) Mayor given some specific powers[VI-5].
i. Hayward-(A)elected at-large [500],(B)full vote with council. [604]; (C)given some specific powers [604].
k. Lancaster-(A)elected at-large(B)with full vote [201];(C)minimal specific powers [202].
1. Oceanside-(A)elected at-large&(B)full vote with council-Council-Manager[200];(C) otherwise as General
Law[500].
m. Palmdale-(A)elected at-large&(B)full vote with council-Council-Manager(specific)[200];(C)otherwise as
General Law[102].
n. Pomona-(A)elected at-large[401];(B)full vote with council [502];(C) given some specific powers[406].
o. Salinas-(A)selected from council [11];full vote with council[13]; (C) some powers&duties set forth[13].
p. Santa Rosa-(A&B)selected from Council with full vote[15];(C) powers not stated,but manager is administrative head[18].
q. Torrance- (A&B)Mayor elected at-large,with full vote [600]; (C) minimal powers of mayor set forth [610.
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the
charter should be designed to enable the city to operate in an efficient, businesslike manner.
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. (C) San Bernardino's Operating Practices for Good Government Agreement says Mayor is to be
the leader of the City¬ interfere with city management.
0
6. Other Issues Relevant to the Topic - I have none at this time.
7. San Bernardino's Current Charter
(A) Mayor elected at large [14];
(B) Mayor may vote in case of a tie vote [30]; all actions of Mayor are subject to council's power to
override Mayor by 2/3 vote [39]
(C) Mayor can act on appoint and removal of various positions, sometimes only with council
concurrence[40(s) & 51]; Mayor CEO [50] &has general supervision of manager, chiefs of police
& fire 7 & all elected officers except councilpersons [52]; Mayor appoints (subject to council
confirmation) City Manager [100]; Mayor appoints Water Board Members (but has no power of
removal) [160]; Mayor and Council set many salaries [180, etc.].
8. Charter vs Code Filter
a. Manner of election&vote at Council are constitutional in nature. Similarly, basic relationships
between Mayor and council and other officers and, possibly, whether positions are full time or
part time. Specific compensation and details should be left to ordinance.
b. (A) Commentators seem are divided as to whether Mayor should be elected at large or from
council. (B) Veto and tie breaking powers of Mayor may interfere with Council-Manager gov.
(C) Stating powers of Mayor can provide for stature in regional bodies.
9. General Law
a. Allows for Mayor to be elected at large or selected from amongst the Council [34900 et seq];
elected Mayors with consent of the city council make all appointments to boards, commissions
and committees [40605]; any additional responsibilities and duties of the Mayor would be set by
ordinance [I think]; compensation for elected Mayors may be set by ordinance or vote of electors
[36516.1].
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts
Mayor should be elected directly by voters and have full voting rights at council table, not tie breaking
only. However, to keep an odd number of council votes, either one additional at-large councilperson
should be provided for, or the wards reduced to 6. Mayor's specific powers should be set forth in
charter, but no administrative and few, if any, appointment powers.
General law allows for much the same, but more is left to council.
I
PMS ANALYSIS of SKELETON ATTORNEY PROVISIONS (updated 6/29)
Descriptions of Skeleton Issues Related to this Topic:
A. Elected at-large or appointed
B. Appointed by whom
C. Special powers/authorizations
D. Other?
1. Input Received from the Public - From the 94 responses received to date, 50 say elected at
large, 42 say appointed, and 2 were uncertain.
2. National Civic League Model City Charter & Guide - Model charter says (A) appointed and
(B) (1) by city manager or (2) by city manager subject to confirmation by council, or(3) by
council. Strong preference given to alternatives 1 or 2. (C) No special powers recommended.
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. As to attorneys of
these, (A) 3 are appointed (B) by the council, and one is elected city wide at large and authorizes
council to establish it's own separate legal council. (C) all have rather general, broad powers:
a. Chula Vista - (A)Nominated & elected like Mayor city wide at-large [503(c)].
Charter authorizes the Council to elect a separate Legislative Council [503.1]. (C)
Each have separate powers [503(b)] & 503.1(b-e)].
b. Irvine - (A) Appointed (B) by council [701]. Most duties as prescribed by council [701].
C. Modesto - (A) appointed (B) by council [900]. Broad general powers set forth [902].
d. Stockton - (A) appointed (B) by council [1302]. General duties set forth [1303].
5 cities of populations between 300,000 and 399,999 have charters. Attorneys of all of these,
(A) all appointed (B) by the council. (C) 3 have general duties set forth, and one leaves duties to be set
by council:
d. Anaheim - (A) appointed (B) by council [701]. (C) General legal powers given [703].
e. Riverside - (A) appointed (B) by council [700]. (C) General duties set forth [702].
f. Bakersfield - (A) appointed(B) by council [34]. (C) Duties to be proscribed by council [39].
g. Santa Ana - (A) appointed (B) by council [701]. (C) General duties set forth [703].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to attorneys for
these, (A&B) all seem to be appointed by councl.
h. Glendale-(A)appointed(B)by council [IV-1]. (C)General duties set forth [VIII-2].
i. Hayward-(A)appointed(B)by council [801]. (C)General duties set forth [808].
i. Lancaster-(A,B&C)as per General Law[101].
k. Oceanside-(A,B&C)as per General Law[500].
I. Palmdale-(A,B&C)as per General Law[102.]
M. Pomona -(A)appointed(B)by council [703].
n. Salinas-(A)appointed(B)by council [39]; basic duties set forth [45].
o. Santa Rosa-(A)Appointed(B)by council [19];(C)brief duties set forth [19].
P. Torrance- (A&B) couldn't find manner of selection and/or by whom appointed; (C)brief duties
set forth [1010].
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that
the charter should be designed to enable the city to operate in an efficient, businesslike manner.
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. San Bernardino's Operating Practices for Good Government Agreement says "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."
6. Other Issues Relevant to the Topic - This is a potential political hot issue.
7. San Bernardino's Current Charter-
A. Section 14 provides for the City Attorney to be elected at large for a 4 year term.
B. Not appointed.
C. City Attorney's written consent required to hire outside legal council.
8. Charter vs Code Filter
a. Status of Attorney for City has been for San Bernardino essentially Constitutional, not just
administrative or procedural, but should it be?
b. Question whether locking in provisions concerning City Attorney in SB's Charter contributes
toward San Bernardino becoming a great city versus just a functional one.
9. General Law
a. A City Attorney may be appointed by Council [36505]
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts - Bite the bullet and make city attorney appointed by Council and do not require
his/her consent for hiring outside council.
Would be the same under general law.
PMS ANALYSIS OF CITY COUNCIL SKELETON (updated 6/9/15)
Descriptions of Skeleton Issues:
A. Size: Councils hold the legislative powers of the city and are uniformly elected by the voting public.
They tend to be between 5 and 9 persons, with smaller being most common.
B. Wards/Districts: Council persons may be elected at large or from districts (wards) or some combination
form. Changing number and/or composition of districts requires special consideration concerning the
California& Federal Voting Right Acts.
C. Policy making & Legislative, not Administrative
1. Input Received from Public - From 94 responses to questionnaire received, 34 said elect from Wards,
53 said from city at-large, 7 were uncertain.
2. National Civic League Model City Charter & Guide
(A) Recommends 5 - 9 members. Recommends smaller number unless large size of city&/or
diversity requirements result in a larger number. Voting members to be an odd number,
depending on whether the Mayor is or is not a voting member.
(B) Recommends at-large selection unless California and Federal Voting Rights Acts require some
sort of use of district elections. Recommends having some at-large representation as a part of
the Council structure. If councilpersons elected by ward, at-large selection of mayor more
important. Provides 4 alternatives with 2 options as to 3 of them:
I A - odd number of members elected at-large with Mayor elected by council from its members
1 B - even number of members elected at-large with Mayor elected separately, but with full voting
rights
II A - odd number of members elected at-large, but with district residency requirements, with Mayor
elected by council from its members
II B - even number of members elected at-large, but with district residency requirements, with Mayor
elected separately, but with full voting rights
III A - some members elected at-large and some from districts (odd number total) with Mayor being one
of the at-large elected members with full voting rights
III B - some members elected at-large and some from districts (even number total) with Mayor being
elected separately, but with full voting rights
IV - even number of members elected by district with Mayor being elected separately, but with full
voting rights
(C) Recommends having prohibitions against appointment powers & against interference with
administration.
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. Councils all of these, (A) 2
have 5 members, 2 have 7 members (all including the Mayor), (B) 3 are elected from districts, one nominated
from district, but elected at-large, & (C) 3 restrict council from interfering with administration by city
manager, one has no specific language on this:
a. Chula Vista - (A&B) Mayor elected at-large&4 councilpersons by district[300]; each with 1 full
vote [201 & 300A]; (C) prohibited from administrative functions or influencing city manager
[305].
b. Irvine - (A&B) 4 councilpersons & Mayor elected at-large, all with full votes [400].
(C) No language re council functions not being administrative or interfering with city
manager other than saying that a Council-Manager form of govt. [300]
C. Modesto - (A&B) 6 councilpersons elected by and from districts. [501(b)] Mayor elected at
large [500] with full vote [601(t)]. (C) Council is governing body of city - legislative
[706] & council not to infringe on powers & duties of City Manager [725].
d. Stockton - (A) 6 councilpersons residing and(B) nominated from districts but finally elected
at-large [601]; (A) Mayor elected at large with full vote [sec. 602]. Stockton pursuing
dropping this hybrid system in favor of straight district elections [Discussion with Stockton
Charter Review Committee person, Max Vargas (209-948-7930)]; (C) council prohibited
from interfering with city manager or administration. [408]
4 cities of populations between 300,000 and 399,999 have charters. Councils all of these, (A) 1
has five members, 3 have 7 members (2 including the Mayor), (B) one elected at large, 2 are elected from
districts, one nominated from district, but elected at-large, & (C) 2 restrict council from interfering with
administration by city manager, two have no specific language on this:
e. Anaheim - (A) 4 councilpersons &Mayor(B)elected at-large, all with full votes. [500]; (C) no
specific language prohibiting council from administrative/appointment activities.
f. Riverside - (A) 7 councilpersons (B) elected by and from districts [400]; (C) Council not to
interfere with city manager or administration [407].
g. Bakersfield - (A) 7 councilpersons (B) elected by and from districts [14]; (C) no language
prohibiting council from involving itself in administrations or appointments.
h. Santa Ana - (A) 6 councilpersons (B) nominated by and from districts and elected at large
[400]; generally liked and perceived as fair. [Mat Hicks, Assemblymember's office]; (C)
Council not to interfere with city manager or affect appointments [408].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. Councils all of these,
(A) 4 have 5 members, 5 have 7 members, (B) 7 elected at large, 2 are elected from districts, & (C)3 restrict
them from interfering with administration by city manager, 6 have no specific language on this:
i. Glendale-(A)5 councilpersons(B)elected at-large [V-6]; (C)no prohibitions on administrative or
appointment actions.
j. Hayward-(A)6 councilpersons&Mayor(B)elected at-large [500],All with full votes. [604];(C)No
prohibitions against administrative or appointment powers.
k. Lancaster-(A)4 councilpersons&Mayor all(B)elected at-large public election,all with full vote on council
[201];(C) no prohibitions on administrative or appointment powers.
1. Oceanside-(A)4 councilpersons and a Mayor(B)elected at-large per being specific Council-Manager
(specific) [200];(C)otherwise General Law applied(no limitations on administrative or appointment
powers [500].
M. Palmdale-(A)4 councilpersons and a Mayor(B)elected at-large, all vote on council,(C)General Law applied
(no limitations on administrative or appointment powers [102].
n. Pomona-(A)6 councilpersons(B)elected by district [401];(C)given some specific powers 1406],but
prohibited from interfering with city manager or administration 1601(d)l.
o. Salinas-(A)6 councilpersons(B)elected by district pus full voting mayor[5]; (C)no specific Imitations on
administrative or appointment powers.
P. Santa Rosa-(A)7 councilpersons(B)elected at large[4],(C)prohibited from interference with administration or city
manager 1401.
q. Torrance- (A) 6 councilpersons and a Mayor(B)elected at-large,each with full vote [600]; (C) Council
prohibited from interfering with city manager [921].
3. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. 43 provides that
the charter should be designed to enable the city to operate in an efficient, businesslike manner.
4. San Bernardino's Strategic Plan & Good Government Operating Practices Agreement
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. San Bernardino's Operating Practices for Good Government Agreement says Council is to be
the legislative body, not direction of management.
5. San Bernardino's Current Charter
A. Present provisions concerning council:
(1) San Bernardino's 7 wards are set [section 7], but their size and boundaries are left to law or code.
(2) 7 councilpersons are elected to office by district [Sections 13 & 14]
(3) Section 30 provides that the Council is vested with the legislative power of the City,
B. San Bernardino has long had councilpersons elected by wards.
C. Section 40 gives specific powers to the Council and specifically requires the council's
confirmation or ratification of many of Mayor's actions, but no prohibitions on administrative or
appointment powers.
d. Look at chart of San Bernardino's City Structure (copy attached)
6. Other Related Issues - I have none at this time.
7. Charter vs Code Filters
a. Council's size & manner of election are constitutional in nature. Similarly, basic relationships
with Mayor and other officers and, possibly, whether positions are full time or part time.
Specific compensation and details should be left to Code.
b. Commentators seem to say smaller the council is the better for flexible administration and use
at-large elections of councilpersons if possible to get interests of whole the base for decisions,
but voting by or from wards may be needed for Voter Rights reasons.
8. General Law
a. Councils may be of 4 members plus a Mayor [34900] or, if councilpersons elected by districts, of
more members up to 9 [34871; allows for Mayor to be elected at large or selected from amongst
the Council [34900 et seq]; consent of the city council is required for elected Mayors to make
appointments to boards, commissions and committees [40605]; formula compensation ceiling for
councilpersons unless otherwise per vote of electors [36516].
b. Approximately 2/3 of California's Cities are General Law.
9. My Thoughts
Serious consideration should be given to the following:
a. Adding one at-large councilperson and giving the Mayor full voting rights.
b. Reducing wards to 6, with mayor then elected at large with full voting rights.
C. A system where councilpersons are nominated from & must reside in districts but finally elected
at-large. [See Stockton's and Santa Ana's Charters]
d. Using a system like Model Code Il B with district residency required, but elections at large.
Consider cumulative voting for them.
e. Leaving Ward structure as is, but with no (or minimal approval of appointment duties), leaving
much more to City Manager than is done under existing charter.
The charters of 8 of the 17 cities I reviewed provide for the Council being elected completely at-large.
6 of them are smaller cities (150,000 - 199,000). Only Irvine and Anaheim have complete at-large council
elections amongst the larger cities - plus, Santa Ana with a hybrid system like Stockton's.
B. I'm intrigued with c above, and have had conversations with people in both cities about their systems:
Stockton's Charter provides: "The six (6) Councilmembers shall be nominated from districts, and shall be
elected by the qualified electors of the City at large.
(a) The voters of each district shall nominate two (2) candidates for Councilmember at the
primary municipal election. The two (2) candidates must be residents of the districts from which they are
nominated."
Stockton's Charter Committee feels that their hybrid system may have contributed to their financial problems
and bankruptcy. The expense of the citywide election portion of the process making it difficult for candidates
with limited resources being able to get elected and major financial interests (developers, unions, etc.)
dominating the election process and the Council.
Santa Ana's Charter just provides: "Candidates for each office of councilmember other than the mayor shall be
nominated from such ward by the electors of such ward . . . , but all councilmembers shall be elected by the
vote of the electors of the City at large". Therefore, it is possible (but rare in practice) for the ward nominated
person not to be elected at-large. Santa Ana's allowing wards to nominate just one candidate maybe
minimizing the problem perceived in Stockton..
C. Set forth in Charter that Council is Legislative & Policy making, not Administrative.
D. General Law can be much the same, but not with as much controlled by vote of the citizens.
PMS ANALYSIS of SKELETON TREASURER PROVISIONS (updated 6/29)
Descriptions of Skeleton Issues Related to this Topic:
A. Necessity for a Treasurer
B. Elected at-large or appointed
C. Appointed by whom
D. Other?
1. Input Received from the Public - From the 93 responses received to date, 43 say elected
at-large, 47 say appointed, and 3 were uncertain.
2. National Civic League Model City Charter& Guide -No specific language concerning
Treasurer, financial officer, or required financial department. All left to be developed by
council and administered by City Manager
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. As to Treasurers
of these, (A) only one requires one, one requires a Director of Finance, and 2 require a City Auditor;
(B) all are appointed (C) by the council:
a. Chula Vista - (A)No Treasurer provided for. (B) A Director of Finance is to be
appointed [504] (C) by Manager 500(a)].
b. Irvine - (A,B&C) Required and appointed by council [702].
C. Modesto - (A)No Treasurer provided for, but a City Auditor required and (B) appointed
(C) by council [900].
d. Stockton - (A,B&C) No Treasurer provided for, but a City Auditor required and
appointed by council [1500].
5 cities of populations between 300,000 and 399,999 have charters. As to Treasurers of these
cities, (A) three require a Treasurer, one doesn't (B) all appointed (C) one by council, one by manager
with the approval of the council & 1 by the manager. The one not requiring a Treasurer, requires a
Director of Finance appointed by manager with approval of council. One requiring a Treasurer, also
requires a Finance Director appointed by manager:
d. Anaheim - (A) required [700] and (B&C) appointed by council [701]. A Director of
Finance is also required and appointed by Manager subject to council's approval [604(a) .
e. Riverside - (A,B&C) a chief financial officer/treasurer is required and is to be appointed
by manager with approval of council [704].
f. Bakersfield - (A) a Treasurer and a Finance Director are required. (B) apparently appointed
(C) by manager [36(6)&38].
g. Santa Ana - (A)No Treasurer provided for [704] but a director of finance provided for and
to be (B) appointed by the manager subject to the approval if the council [501].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to Treasurers
(&/or Finance Directors) for these cities, (A) 1 Treasurer is elected at-large and 8 are appointed (B) of those
appointed, one by manager, 6 by council. (C) Some are appointed by council, some by manager, and some
by manager subject to approval of council.
h. Glendale-(A)A Treasurer[IV-]] and a Finance Director[XI-1] are required. (B)They are appointed(C)by
manager subject to approval of council [IV-4].
i. Hayward-(A)No Treasurer provided for,but a Director of Finance required [800] (B)who is appointed(C)by
manager[801].
j. Lancaster-(A&B)as per General Law[101].
k. Oceanside-(A&B)as per General Law[500].
1. Palmdale-(A&B)as per General Law[102.]
M. Pomona-(A)Treasurer required as is a Director of Finance [701]. Treasurer appointed by council[704],
Director appointed by manager[705].
n. Salinas-(A)No Treasurer required,but a Director of Finance is provided for[46],(B)apparently appointed by
council [41].
o. Santa Rosa-(A,B&C)No Treasurer provided for,but a Chief Financial Officer is to be appointed by manager
[24].
P. Torrance- (A&B) required and to be elected at-large [600], but council may put to voters
making this a position to be appointed by the council [640].
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that
the charter should be designed to enable the city to operate in an efficient, businesslike manner.
5. San Bernardino's Strategic Plan & Good Government Operating Practices
Guiding Principle 96 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".
6. Other Issues Relevant to the Topic - Too much variety in approaches by other cities, so should
minimize provisions in SB's charter to allow flexibility.
7. San Bernardino's Current Charter-
A. Section 14 provides for the City Treasurer
B. to be elected at-large for a 4 year term.
C. Not appointed.
8. Charter vs Code Filter
a. Question whether locking provisions concerning City Treasurer is essentially Constitutional or
just procedural or administrative.
b. Question whether locking in provisions concerning City Treasurer in SB's Charter contributes
toward San Bernardino becoming a great city versus just a functional one.
9. General Law
a. A City Treasurer Clerk is be appointed by Council [36501]
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts - Do not elect a Treasurer&/or a Director of Finance. Leave the establishment of
this position to the Council.
Would be the same under general law.
PMS ANALYSIS of SKELETON MANAGER PROVISIONS (updated 6/29)
Descriptions of Skeleton Issues Related to this Topic:
A. Manner of selection
B. Responsibilities/Duties
C. Other?
1. Input Received from the Public - From 92 responses to questionnaire received, 77 said city
manager should be CEO of City, 9 disagreed, and 6 were uncertain.
2. National Civic League Model City Charter& Guide
a. Council, by majority vote of whole council, should appoint City Manager for an
indefinite term. Mayor should not be involved.
b. Act as CEO of City responsible for hiring and firing all city employees& appointive
officers, no exceptions.
3. Other Similar California Cities (SB is about 214,000)
4 other cities of populations between 200,000 & 299,999 have charters. As to their
managers, (A) 2 are appointed by the council & 2 are nominated by Mayor and selected by council, and
(B) 2 are CEOs and 2 CAOs:
a. Chula Vista - (A) Appointed by the Council [400(a)], removal takes the votes of 3 of the
5 councilpersons [400(b)]; (B) is the"executive officer of the city" [400] and is
responsible for the "proper administration of all affairs of the city" [401]; and
appointment&removal of officers&department heads except elective officers and their
secretaries & department heads appointed by council [401(a)].
b. Irvine - (A) Appointed by council [500]; (B) is the "chief administrative officer of the
City" [500].
C. Modesto - (A) Mayor nominates at least 2 candidates & Council selects [800]; (B) is the
"chief executive officer"of City government; appoints and removes all employees [801].
d. Stockton - (A) Mayor nominates 1 or more candidates for City Manager, & Council
appoints for indefinite term [1200]; (B) is the chief administrative officer of the City
[1201]; powers of appointment and removal of all general officers & employees 1201(a).
5 cities of populations between 300,000 and 399,999 have charters. As to their managers,
(A) all are appointed by council, and(B) 3 are CAOs, & one is given essentially all administrative
powers:
d. Anaheim - (A) Appointed by a majority of the council [600]; (B) is the chief
administrative officer of the City [600]; appoint, discipline &/or remove all departments
heads, officers & employees except elective officers and those whose appointment is
vested in the Council [604(a)].
e. Riverside - (A) Appointed by majority vote of Council [600]; (B) serves as chief
administrative officer [600]; appoints, disciplines &/or removes all department heads
(exception electeds &per Charter) [601].
f. Bakersfield - (A) Appointed by the Council [34]; (B) has general supervision& direction
of the administrative operation of the city government [35]; appoint&remove all officers
& employees except as per charter [36-6].
g. Santa Ana - (A) Council appoints, but removal requires a 2/3 vote [500]; (B) is the chief
administrative officer [501]; appoints, with approval of Council as to department heads
and officers and all employees (exception as per Charter) [501(a&b)].
9 of the 16 cities of populations between 150,000 & 199,999 have charters. As to their managers,
(A) all are appointed by council, and (B) 4 are CAOs, one designates as administrative head with mayor
designated as executive head, and 4 are as per General Law:
h. Glendale-(A)Council appoints,(B)serves as chief administrative officer[1(a&b)].
i. Hayward-(A)Appointed by Council,(B)serves as the chief administrative officer of the City[700];power to
appoint&remove officers and employees except as otherwise in Charter[701-1].
j. Lancaster-(A&B)As per General Law [101].
k. Oceanside-(A&B)As per General Law[500].
1. Palmdale-(A&B)As per General Law[101].
M. Pomona-(A)Majority vote of Council appoints [601(b)],(B)serves as chief administrative officer and makes all
appointments except electeds&appointees of Council [601(a)].
n. Salinas-(A&B)As per general law[107].
o. Santa Rosa-(A)Appointed by Council,(B)serves as administrative head' [18],but Mayor is"executive head" [15].
P. Torrance- (A)Appointed by Council [910];(B)responsible for"the proper and efficient management of all the
affairs of the City placed in his charge by the Charter or Council" [920].
4. San Bernardino's Charter Reform Principles & Objectives (5/19/14) - #2 provides that the charter
should set forth guiding principles and standards, not detailed rules and procedures. #3 provides that the
charter should be designed to enable the city to operate in an efficient, businesslike manner.
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. (C) San Bernardino's Operating Practices for Good Government Agreement says Mayor is to be
the leader of the City ¬ interfere with city management. Sets forth six authorities, duties,
and responsibilities of the manager.
6. Other Issues Relevant to the Topic - I have none at this time.
7. San Bernardino's Current Charter
A. Mayor appoints (subject to council confirmation) City Manager [100];
B. Manager recommends most all appointments, which are made by council [40(s)]; Manager is
chief administrative officer [100], but Mayor is chief executive officer [50], having general
supervision of manager, chiefs of police & fire. [52].
8. Charter vs Code Filter
a. Establishment of City Manager as primary CEO is essentially Constitutional rather than just
administrative or procedural
b. Establishing this in the Charter should all San Bernardino to be the great city we aspire for it to
be, vs being just a functional city.
9. General Law
a. Allows city manager form of govt. established by council or electors by ordinance [34851]; such
ordinance shall define powers & duties of manager and may fix compensation or minimum
compensation [34852]; & Manager may appoint and dismiss chief of police, city clerk& city
treasurer& appointed officers other than city attorney [34856].
b. More than 2/3 of California's Cities are General Law.
10. My Thoughts - (A) Manager should be appointed by council, without need for Mayor's appointment,
and (B) Manager should have all administrative and appointment powers except as otherwise
specifically provided in Charter.
General law allows for this, except less decided by citizens and more by council.
Management
Partners
City of San Bernardino
Volunteer Citizen-Based Charter Committee
Proposed Scope of Work
The Plan of Adjustment and Recovery Plan recently filed with the Bankruptcy Court identifies a
new City Charter as a key strategy to "streamline governance and operations" and allow San
Bernardino to operate in a modern and efficient manner. The City Council has appointed a
Charter Committee for the purposes of reviewing the City's existing charter and recommending
appropriate changes, if any, to be placed on the November 2016 ballot.
As an appointed body, the Committee receives support from the City Clerk and City Attorney,
but has not otherwise been provided with professional staff support. The Recovery Plan
identifies significant flaws in the existing Charter and a goal of bringing a new charter to the
San Bernardino voters by November 2016. Professional consulting assistance has been
requested to support the work of the Committee. A proposed scope of work for this
engagement is as follows.
Provide project management and staff support to the Committee
• Review and refine the Committee's work plan and schedule
• Ensure the schedule is aggressive,but achievable
• Maximize productive use of Committee's time
• Track and report progress against work plan and schedule
• Together with the Committee Chair, prepare Committee agendas and attend Committee
meetings
• Provide agenda management support
• Identify topics to be discussed at each meeting
• Prepare staff reports containing appropriate background information
• Help the Committee focus on policy issues and options (i.e.,not logistics)
• Review draft minutes of Committee meetings
• Conduct research to aid Committee deliberation and decision making
• Identify common themes of charters from California cities with populations
between 150,000 and 400,000; make recommendations for Charter "skeleton" and
key topics to include
• Prepare research papers on each key topic and issue that summarize the issue
and present alternatives, advantages and disadvantages
• Review the Charter Committee's preliminary recommendations with the City's Strategic
Planning Core Team
• Prepare the Charter Committee's Report to the Mayor and Common Council, including
a summary of recommendations; support presentation to the Mayor and Common
Council
1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191
3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAx 408 453 6191