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HomeMy WebLinkAbout09-22-2015 Charter Committee Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:00 p.m. Date: Tuesday, September 22, 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 7:30pm) 1. Approval of minutes from September 15,2015 meeting (attached) 2. Special Presentations 3. Procedural Matters a. Review Timeline (attached) b. Discuss plans for Public Forums C. Decide on next meeting date; d. Present &Review Preliminary Governmental Skeleton (attached) - consider input from City Manager re changing number of wards vs adding an additional at-large councilperson 4. Consideration School District language for Charter(PMS analysis attached) 5. Consideration of Park & Recreation language for Charter(PMS analysis attached) 6. Consideration of Police Dept. and Fire Dept. language for Charter(PMS analysis attached) 7. Consideration of Library language for Charter(PMS analysis attached) 8. Consideration of Human Resources-Civil Service language for Charter(PMS analysis attached) 9. Consideration of Water Department language for Charter(PMS analysis to be provided) 10. Consideration of what, if any, other department or agency language should be in Charter 11. Consideration of what other topics should be covered by Charter Skeleton-Finance?Elections? 12. Compare Skeleton with how issues would be treated under General Law(PMS analysis to be provided) ADJOURN Unless changed at the September 22nd meeting, the next meeting of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m., Tuesday, October 13, 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. Charter Review Committee Tuesday, September 15, 2015 Minutes Committee Members Present: Phil Savage, Tom Pierce,Michael Craft,Dennis Baxter,Hillel Cohn, Vicki Lee,Casey Dailey,Gloria Harrison Committee Members Absent: Gary Walborne Staff/Committee Consultants Present: Cathy Standiford,Management Partners; Steven Graham, Deputy City Attorney Chair Savage called the meeting to order at 5:04 p.m. Public Speakers Mayor Davis expressed his opinions on some of the subjects being discussed by the Committee. The Mayor also requested the Charter Committee present a progress report(similar to the one being provided to the Mayor and Common Council on September 21)at the Strategic Core Team meeting on October 8, 2015, The Mayor requested the Committee to consider expediting its work to allow recommendations to be provided to the Common Council in March or April instead of April or May, to allow additional time for the recommendations to be considered. Sandra, a resident from Ward 2, suggested the Charter Committee gather public input through personal outreach by wards, instead of relying on internet-based surveys. Minutes A motion was made by Baxter, seconded by Craft to approve the minutes of the September 15, 2015 meeting as corrected. The motion unanimously carried. Action Items The Committee voted to: • Approve a preliminary recommendation that references to the City Treasurer should be omitted from the charter skeleton because the position is antiquated and best practice is for treasury functions to be delegated to the finance department. • Approve a preliminary recommendation for the Charter skeleton that a duly qualified City Clerk be appointed by the Mayor and Common Council. • Approve a preliminary recommendation for the Charter skeleton that a duly qualified City Attorney be appointed by the Mayor and Common Council. • Incorporate the recommended roles for the City Attorney from the Operating Practices for Good Government into the Charter skeleton as modified below: • The City Attorney will focus his or her attention and resources on the performance of his or her duty as chief legal officer to provide legal advice to the Mayor,Common Council and City Manager,and the management of his or her office, and shall leave the formulation of policy and managerial matters exclusively to those officials charged by the City Charter with those duties. • Approve a preliminary recommendation that no departments be specifically mentioned in the Charter except as otherwise provided or delineated. In addition,the Committee discussed the upcoming progress report presentation to the Mayor and Common Council on September 21,2015. The Committee also reviewed topics to be discussed at the next meeting. The Committee consultant was directed to update the timeline to reflect the Committee completing its work in March or April. Next Meeting Date and Time The next meeting date of the Volunteer Citizen-Based Charter Committee will be 5:00 p.m.,Tuesday, September 22,2015. The meeting adjourned at 7:22 p.m. Respectfully submitted by . l Cathy Standiford Committee Consultant Charter Committee Working Timeline— September 22, 2015 The purpose of this Timeline is to document the San Bernardino Charter Committee's progress and capture additional tasks,and activities that should be considered by the Committee in the future. Meeting Date I Task or Activity Comments/Status 5/12/15 Developed Input Questionnaire (Survey) Complete 5/26 Receive Input from Survey Agreed to continue to receive input on survey Request Council approval for Complete;professional assistance provided effective 7/7/15 professional input Discuss plan to develop Timeline Draft was available, but was not discussed Discuss plan to deal with Charter topics Draft was available, but was not discussed 6/9 Discuss approach to Charter Review Agreed upon approach, including focusing on Charter skeleton before specific topic details Received and reviewed information on Discussed professional and public input Approve plan for disseminating survey Complete Review working timeline Complete. Timeline will be updated regularly as changes occur Consider form of Government for Preliminary Recommendation: Council—Manager Form of Charter skeleton Government in Charter Skeleton Discuss skeleton City Council structure Preliminary Recommendation: Maintain a Ward System and powers Council representation for Charter skeleton 6/23 Meeting Cancelled 7/7 Discuss professional advisors and scope Complete of work Introduce new participants to Charter Welcomed Committee Member Vicki Lee Committee Complete discussion of skeleton City Preliminary Recommendation: City Council powers should Council structure and powers 1 be limited to legislative and policy making, not administrative and operational Discuss skeleton Mayor provisions Preliminary Recommendation: Mayor should be elected at- large. Powers,voting privileges and impacts on ward system deferred to next meeting 7/14 Continue discussion of skeleton Mayor Preliminary Recommendation: Retain the current number provisions of wards(7) Preliminary Recommendation: Mayor should have no administrative,appointment or removal powers except as otherwise provided in the Charter Deferred consideration of Mayor's voting rights until input is received from the Mayor and Council members Agreed to provide meeting summaries to Mayor and Council following each Committee meeting. Agreed to periodically provide progress reports to the Mayor and Council at their regularly scheduled meetings San Bernardino Charter Committee Timeline Page 2 Meeting Date Task or Activity Comments/Status Begin discussion of skeleton City Manager Preliminary Recommendation: Majority vote of all provisions members of the Common Council and Mayor required for appointment of City Manager 7/28 Continue discussion of City Manager Discussed. Recommendations deferred until August 11 Charter Skeleton Discussions meeting(to consider results from elected official interviews) Begin discussion of skeleton provisions for Discussion regarding City Attorney begun; City Clerk, City Attorney, City Treasurer recommendations deferred until August 11 8/11 Review common themes from Elected Reviewed Official Interviews Review applicability of Operating Discussion continued, but not completed. Guidelines for Good Governance to Preliminary recommendation that the Mayor have the Charter Skeleton same voting privileges as Common Council members. Complete discussion on Mayor, Council, Preliminary recommendation that the roles of Mayor as City Manager interrelationship, roles and reflected in the Operating Practices for Good authorities Government(OPGG) be incorporated into the Charter skeleton Complete Charter skeleton discussion Presentations by City Treasurer Kennedy and Mayor Davis regarding City Attorney, City Clerk, City Treasurer 8/25 Complete discussion on Mayor,Council, Preliminary recommendations: City Manager interrelationship, roles and • Reduce number of wards from 7 to 6 authorities • Incorporate recommended roles for City Manager, Common Council and Mayor and Common Council (combined)from OPGG into the Charter skeleton Complete Charter skeleton discussion Not discussed regarding City Attorney, City Clerk, City Treasurer Charter Skeleton Discussion on Not discussed Establishment of City Departments, Commissions and Committees; City Officers and Fiscal Management Discuss plans for progress report to Mayor Confirmed scheduling for September 21 M/CC meeting and Council on skeleton 9/8 Meeting Rescheduled to September 15 9/15 Charter skeleton discussion regarding City Preliminary recommendations: Attorney, City Clerk, City Treasurer • Duly qualified City Attorney to be appointed by Mayor and Common Council • Incorporate OPGG language re:City Attorney Into the Charter Skeleton • Duly qualified City Clerk to be appointed by Mayor and Common Council • Charter will contain no references to City Treasurer Discuss Charter skeleton provisions Preliminary recommendation: Charter not specifically San Bernardino Charter Committee Timeline Page 3 Meeting Date Task or . related to City departments and their mention departments except as otherwise provided or establishment delineated Review and Discuss survey results Discussed Finalize plans for progress report to Discussed Mayor and Council on skeleton 9/21 Present Progress Report at Mayor Common Council Meeting 9/22 Discuss Input from Mayor and Council from 9/21 Progress Report presentation, modify skeleton as desired Discuss specific departments referenced in the charter to determine whether language should be included in charter Discuss other department or agency language to include in charter Identify other topics to be covered by the Charter skeleton, i.e., elections,fiscal matters,code of ethics, etc. 10/13 1 Complete discussion on charter skeleton Discuss charter provisions related to civil service/personnel system,fiscal matters Discuss provisions related to elections, referendums and initiatives Review and discuss how charter issues would be treated under general law Discuss timing, content and format for public forums) 10/27 Begin work on specifics for each skeleton topic Complete discussion on public forum(s) TBD Hold Public Forum(s)re:Skeleton 11/10 Continue work on Charter specifics 11/24 Continue work on specifics Thanksgiving Week—confirm meeting 12/8 Continue work on specifics 12/22 Continue work on specifics Christmas/Hanukah—confirm meeting 1/12 Complete work on specifics Discuss public input forum on Charter Tentatively schedule progress report for Jan 18 or Feb 1 specifics and/or progress report to Mayor and Council 2/1 Present progress report at Mayor/Common Council meeting 2/9 Incorporate comments from Mayor and Common Council into charter details Discuss content and format for Committee's report to Mayor and Common Council "D San Bernardino Charter Committee Timeline Page 4 Meeting Date Task or Activity Comments/Status TBD Hold Public Input Forum? 2/23 Review and revise Charter Change proposal 3/8 Review draft report to Mayor and Note; Report contents should contain summaries of each Common Council; discuss presentation Committee recommendation and rationale (for use during format education and outreach); White papers will be attachments to the report 3/22 Finalize draft report to Mayor and Common Council, presentation format 4/4 Present recommendations to Mayor and Recommend putting proposed charter to a vote of the Common Council citizens 4/18 Present recommendations to Mayor and Common Council (alternative date) 1Additional issues to be discussed include interrelationship between Mayor, City Council and City Manager;term limits? 2Additional skeleton topics to consider(in no particular order): Departments, Commissions, Committees,Agencies and Reporting Relationships; Preamble; Municipal Powers/Authority; Elections; Fiscal Administration (i.e.,fiscal year, budget submission,tax limits, public works contracts, claims, audit; Franchises; Code of Ethics; Initiatives, Referendums and Recalls;Severability,Transition and Municipal Code Issues Resulting from Charter Revisions, Charter Amendments; Charter violations SAN BERNARDINO GOVERNMENTAL STRUCTURE PRELIMINAI<tY SKELETON (9/15/15) (Changes from the last skeleton noted in bold italics) I. Council - Manager Form of Govt. II. City Council 2.1 Based on a 6 Ward System 2.2 The role of the Common Council is legislative in character, which includes the power to set policy, approve contracts and agreements and undertake other obligations consistent with the Charter and Code,while deferring to the discretion of management and staff to choose the appropriate means to achieve the Council's goals. 2.3 The Common Council shall perform its duties and exercise its powers in a manner that serves the best interests of the entire City,rather than any particular geographic area or special interest. III. Mayor 3.1 Elected from Citizens at-large 3.2 To have no administrative, appointment or removal powers except as otherwise provided in Charter 3.3 The Mayor should have a full vote with the Council. 3.4 The Mayor will build consensus with the Common Council to create and implement a shared vision and plan of implementation to restore the City's fiscal integrity. 3.5 The Mayor will establish and maintain partnerships and regional leadership roles to advance the City's interest. 3.6 The Mayor will be the key"face" and chief spokesperson for the City. 3.7 The mayor will be the presiding officer at meetings of the Common Council and will fully participate in discussions. 3.8 The Mayor will not interfere with the discretion of the City Manager in the exercise of his powers and performance of his duties. IV. Mayor and Council Interactions 4.1 The Mayor and Common Council will jointly develop clear expectations of the City Manager and hold him or her accountable by conducting periodic performance evaluations. 4.2 The Mayor and Common Council will develop and implement norms (Code of Conduct)to guide and direct their interactions and duties, including measures to hold one another accountable for deviations fiom the goals and principles set forth in the City Charter and City Code, 4.3 Neither the Mayor nor the Common Council will interfere with the judgement and discretion of management staff with respect to the duties that are typically managerial in nature, such as the appointment,removal, and supervision of subordinate staff. 4.4 Neither the Mayor nor the Common Council will direct departmental staff, other than those in their own department. V. City Manager 5.1 The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in the Charter 5.2 The City Manager will make business and policy recommendations based solely on his or her independent professional judgement and best practices in the interests of the City,rather than political considerations,and to this end shall strictly guard against interference with the performance of his or her duties. 5.3 The City Manager will be accountable for the implementation of Council goals and policy and the overall performance of the City. 5.4 The City Manager will be responsible for ensuring that the Common Council and Mayor are fully informed on all aspects of important emerging issues, and as part of that responsibility will fully brief the Common Council at their Council Meetings on business matters before them. VI. City Treasurer 6.1 The Charter should contain no language about a City Treasurer. VII. City Clerk 7.1 A duly qualified person should be appointed as City Clerk by the Mayor and Council. VIII. City Attorney 8.1 A duly qualified person should be appointed as City Attorney by the Mayor and Council. 8.2 The City Attorney will focus his/her attention and resources on the performance of his/her duty as chief legal officer to provide legal advice to the Mayor, Council and City Manager, and the management of his/her office, and shall leave the formulation of policy and managerial matters exclusively to those officials charged by the Charter with those duties. IX. Departments &Agencies in General 9.1 Specific City departments and agencies shall not be designated in the Charter, except as otherwise provided in the Charter. PMS ti ALYSIS of SKELETON SCHOOL L_-,TRICT Descriptions of Skeleton Issues Related to this Topic: A. What if any reference should be made in Charter to School District? 3. Other Similarly sized California cities (SB is about 214,000)-Of the 17 similarly sized California cities none have provisions for a School District as such, but Torrance's charter provides for a Board of Education [800]. 1 doubt if it is functional in view of School operations apparently now being arms of the State. 7. San Bernardino's Current Charter (A) School District provided for [Art. XI]. 9. General Law a. General Law provides nothing concerning School Districts b. More than 2/3 of California's Cities are General Law, 10. My Thoughts: (A) This issue was considered last Fall, and recommendation to remove this language was made. Inquiry was made at that time of our School District and City's legal department, and conclusions were that there was no need for any language in SB's Charter concerning School District. So do not include in new charter any language concerning Schools. PMS ANA ISIS of SKELETON PARKS & RE%-_.EATION Descriptions of Skeleton Issues Related to this Topic: A. What if any reference should be made in Charter to Parks&Recreation? 3. Other Similarly sized California cities (SB is about 214,000) - Of the 17 similar sized cities in California, only Glendale's has a requirement concerning parks or recreation, and it says simply that there shall be a parks department [X.1] and that the council shall provide for the general care and supervision of parks [X.7]. No Parks and Recreation language requirements are in any other charters of cities of similar size to SB. 7. San Bernardino's Current Charter (A) A Parks and Recreation Commission is required [Art. XTl-A], but no actual department 9. General Law a. General Law provides nothing concerning Parks and Rec. b. More than 2/3 of California's Cities are General Law. 10. My Thoughts: (A) There is no need to have anything in the Charter concerning Parks or Recreation. PMS ANALYSIS of SKELETON SAFETY DEPMRTMENTS Descriptions of Skeleton Issues Related to this Topic: A. What, if anything, should be in Charter concerning Police, Fire &/or EMT Departments? B. Should heads be subject only to selection, direction&removal by City Manager? Council? Mayor? 1. Input Received from the Public-NA 2. National Civic League Model City Charter& Guide- A. Recommends not requiring any Departments or Agencies in the Charter. [4.01] B. Recommends all be selected, supervised, and fired just by Manager [4.03] 3. Other Similarly sized California cities (SB is about 214,000) - Of the 17 cities reviewed below, (A) 6 have provisions in their charters concerning safety departments, 1 just Police and 5 Police and Fire; (B) Most supervised by Manager unless not appointed by him/her. Many differing situations. 4 other cities of populations between 200,000 & 299,999 have charters. Of these, only d. Stockton requires safety departments. (A)a Fire Department [1600] &Police Department [17001; (B)they both are appointed by the Manager[12011. 4 cities of populations between 300,000 and have charters. (A&B)None of them have provisions in them concerning police, fire, or paramedic services. 9 of the 16 cities of populations between 150,000 & 199,999 have charters. Five of them have provisions concerning safety departments. (A) Some require officers and certain departments; (B) Most are supervised by Manager except when not appointed by her/him. h. Glendale-(A)creates fire&police departments [X.1];(B)Manager head of them., [X.6] &appoints&removes their heads(chiefs)subject to approval of Council [IV.4]. i. Hayward-(A)Chiefs of Police and Fire required[800];(B)appointed,removed&supervised by Manager[8 01 J. M. Pomona-(A)Chief of Police&Police Dept.required [701 &706];(B)Manager appoints Chief of Police subject to approval of Council[706(a)]. May not contract out police services. [706(b)] n. Salinas-(A)Fire Dept. [53]&Police Dept. [54]required; (B)Appear to be appointed by Council [39]. o. Santa Rosa-(A)Chief of Police&Chief of Fire Dept[16];(B)Both appointed,removed&supervised by Manager[I 8(b)]. 4. San Bernardino's Carter Reform Principles & Objectives (5/19/14) (A&B) 1. - Remove excess limitations- give manager& Council flexibility to make decisions. 2. - Enable city to operate in an efficient, businesslike manner. 5. San Bernardino's Strategic Plan & Good Government Operating Practices - City Departments not a major focus here, other than having a form of governance designed to meet present and future issues in a flexible, businesslike manner. 6. Other Issues Relevant to the Topic -None that I'm aware of 7. San Bernardino's Current Charter (A) Fire [40(f) &Art. X] and Police [40(g) &Art. X] discussed in some detail [186], but required??; (B)Appointed by Mayor, subject to council approval, and supervised by Mayor [52]; Manager also responsible for their depts.? [100]. 8. Charter vs Code Filter a. It seems not essential or constitutional that Police or Fire Departments be required in Charter, except as may be subsequently determined when discussed later. b. Mandating these departments in our Charter does not seem to move our City toward what we aspire it to be. 9. General Law a. General Law(A) required no Departments, but provides for a chief of police& a fire chief [36501]; (B) allows for manager to appoint& dismiss chief of police [34856]. b, More than 2/3 of California's Cities are General Law. 10, My Thoughts: (A) Require City to provide for Police &Fire services,but allow for contracting out for these services. (B) To any extent that these services are provided by the city, department heads (Chiefs) to be appointed, removed, and supervised by Manager. PMS ANALYSIS of SKELETON LIBRARY DEPARTMENT Descriptions of Skeleton Issues Related to this Topic; A. Should there be anything in the Charter concerning a Library Department? B. Should it have a Board responsible for its operations separate from the Council &/or Manager? C. If so, should it's Board be - a. appointed by the Mayor and Council? b, appointed by the Manager? C. appointed by the Manager subject to Council approval? 1. Input Received from the Public -NA 2. National Civic League Model City Charter& Guide - A. Recommends not requiring any Departments or Agencies in the Charter. [4.01] B. Recommends all be selected, supervised, and fired just by Manager [4.03] 3. Other Similarly sized California cities (SB is about 214,000) - Of the 17 similarly sized California cities only Glendale's has any provisions in its charter concerning library services. Its charter simply creates a library department [XI],but says nothing else. Its department head is appointed by the Manager [IVA]. 6. Other Issues Relevant to the Topic- San Bernardino's separate Library Department has long standing in San Bernardino. I do not know reasons for the necessity of a separate Library Board not subject to the Manager's responsibililty. 7. San Bernardino's Current Charter (A) A Free Public Library is provided for [Art. XII] with a separate Board [205] and an authorization for the Council to establish an"annual tax levy" to produce a minimum of$2,000 for library services [207]. (C) The Board is appointed by the Mayor, subject to council approval [205]. The Manager is not responsible for the Library Department [100]. 8, Charter vs Code Filter a. It seems not essential or constitutional that the Library Department be required in Charter. 9. General Law a. General Law (A) required no Departments, and does not provides for a Library Water Department, but allows Council to establish such departments as may be appropriate. b. More than 2/3 of California's Cities are General Law. 10. My Thoughts: I see no need for referencing library services separately in our proposed new charter. PMS ANALYSIS of S"LETON CIVIL SERVICES BOARD &/or HR DEPARTMENT Descriptions of Skeleton Issues Related to this Topic: A. Should there be anything in the Charter concerning a Civil Services or HR Department? B. Should it have a Board responsible for its operations separate from the Council &/or Manager? C. If so, should it's Board be - a. appointed by the Mayor and Council? b. appointed by the Manager? C. appointed by the Manager subject to Council approval? 2. National Civic League Model City Charter & Guide- A. Recommends not requiring any Departments or Agencies in the Charter. [4.01] B. Recommends all be selected, supervised, and fired just by Manager [4.03] 3. Other Similarly sized California cities (SB is about 214,000) - Of the t7 similarly sized California cities only Glendale's has any provisions in its charter concerning Civil Services or Human Resources. Its charter creates a civil service commission appointed by the Council [XXIV]. It appears that their operations are not subject to supervision of the Manager. 6. Other Issues Relevant to the Topic - Collective bargaining may have eliminated the need for Civil Service Commissions. I believe San Bernardino has a Human Resources Department(not required by it's Charter) which should be able to take care of any continuing needed civil service functions. 7. San Bernardino's Current Charter (A&C) A Civil Services Commission is provided for appointed by the Mayor with the approval of the Council [246]. The Manager is not responsible for the Library Department [100]. 8. Charter vs Code Filter a. It seems not essential or constitutional that Civil Service provisions be in Charter. 9. General Law a. I believe General Law(A)requires no Civil Service provisions, and does not provides for a Civil Service Commission,but would allow Council to establish is if needed. b. More than 2/3 of California's Cities are General Law. 10. My Thoughts: I see no need for San Bernardino to continue to need a Civil Service Commission or for providing for one in our proposed new charter.