HomeMy WebLinkAbout12-08-2015 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, December 8, 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 into 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 7:30 p.m.)
1. Approval of minutes from December 1, 2015 meeting(to be distributed at meeting)
2. Special Presentations
3. Procedural Matters
a. Review Timeline (attached)
b. Present& Review Preliminary Governmental Skeleton(attached)
4. Review and Consider Treatment of Compensation for Mayor and Councilpersons and Full-Time
Mayor(Management Partners' updated white paper and PMS analysis attached)
5. Compare and Consider General Law vs. Charter for San Bernardino (PMS revised comparison and
Management Partners' memo and table attached).
6. Start work on Specific Language for Charter
ADJOURN
Unless changed at the December 8th meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be S:00 p.m., Tuesday, December 22, 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.
i
DRAFT Charter Review Committee
Tuesday,December 1,2015
Minutes
Committee Members Present: Phil Savage, Tom Pierce,Michael Craft, Gloria Harrison, Casey Dailey,
Dennis Baxter, and Hillel Cohn. Committee members absent:Vicki Lee,Gary Walborne
Staff/Committee Consultants Present: Cathy Standiford,Management Partners; Gigi Hanna,City
Clerk; Gary Saenz,City Attorney
Call to Order: Chair Savage called the meeting to order at 5:00 p.m.
Chair's Comment: Mr. Savage said he would send his proposed Op-Ed piece to the newspaper.
Public Sneakers
Jim Smith, resident,thanked the committee for its work and said he thought the community forums were
productive.
Stephen Johns,resident and City Sewer worker, spoke about the water department providing water to the
city at no charge in the past and said a current benefit of the water department is that they are competitive
compared to other agencies in terms of pay and benefits and there is little turnover.
Stacey Aldstadt, general manager of the water department,spoke about annual transfers from the
department to the city in form of cash and free water to the city for many years.She explained the history
of water department and her position in advocating that the city not participate in illegal transfers of funds
from enterprise funds to the general fund.
Minutes
A motion was made by Cohn, seconded by Baxter,to approve the minutes of the December 1,2015
meeting. The motion unanimously carried.
Special Presentation
• Pat Morris, former mayor of San Bernardino spoke about the history of the Water Department
and said he believed the council needs to be involved in water resource decisions. Currently,there
is redundancy in having different human resources, accounting and finance systems for the City
and the Water Department.
• Susan Lien Longville,resident and SBVMWD board member, spoke about the water department,
suggesting they give authority to the council or create a water commission of citizens to review
the department annually.
Action Items
The committee voted:
• To add the following language to the skeleton,under : "The Charter shall make reference to a
department responsible for water, wastewater and sewer functions and an oversight Board of
Commissioners for the Department, with their specific powers and authority to be determined by
the Council with the Commissioners to be appointed by the Council(including the Mayor). The
Board shall recommend rates (for water and waste water disposal and sewer rates to the
Council"as well as amend Section 1.7 to include the amended definition found in Section 1.5.
The motion was made by Harrison, seconded by Baxter, and passed 5-2,with Cohn and Craft
opposing.
• By consensus the committee reaffirmed that the Mayor should get a vote and the council shold be
reduced to six members and a mayor.
• Add the following language concerning natural resources to the skeleton: "The City shall
continue to own,possess and control all rights and property of every kind and nature, owned,
possessed or controlled by it at the time this Charter takes effect and shall be subject to all its
debts, obligations and liabilities."The motion was made by Cohn seconded by Harrison and
carried unanimously.
Next Meeting Date and Time: The next meeting date of the Volunteer Citizen-Based Charter Committee
will be 5:00 p.m.,Tuesday, December S,2015.
The meeting adjourned at 7:29 p.m.
Respectfully submitted by
Gigi Hanna
City Clerk
Charter Committee Working Timeline— December 8, 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.
Comments/Status Meeting
Date Task or Activity
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 •
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 Guidelines Discussion continued, but not completed.
for Good Governance to Charter Skeleton Preliminary recommendation that the Mayor have the
Complete discussion on Mayor, Council, same voting privileges as Common Council members.
City Manager interrelationship, roles and Preliminary recommendation that the roles of Mayor
authorities as reflected in the Operating Practices for Good
Government(OPGG) be incorporated into the Charter
skeleton
Complete Charter skeleton discussion Presentations by City Treasurer Kennedy and Mayor
regarding City Attorney, City Clerk, City Davis
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
San Bernardino Charter Committee Timeline Page 3
Meeting
Date Task or
Discuss Charter skeleton Preliminary recommendation: Charter not specifically mention
provisions related to City departments except as otherwise provided or delineated
departments and their
establishment
9/15 Review and Discuss survey Discussed
results
Finalize plans for progress Discussed
report to Mayor and Council on
skeleton
9/21 Present Progress Report at Presented
Mayor Common Council
Meeting
9/22 Discuss input from Mayor and Discussed, no change in skeleton based on input from Mayor and
Council from 9/21 Progress Council at this time
Report presentation, modify Discussion of whether to reconsider alternatives for ensuring odd
skeleton as desired number of voting members—Deferred to next meeting agenda
Discuss specific departments Preliminary recommendations:
referenced in the charter to • No reference to School Districts in Charter
determine whether language • Include reference to Library Board of Trustees,with
should be included in charter specific powers and authority to be determined by the City
Council
Discuss other department or Discussion of whether services to be provided should be included in
agency language to include in the Charter— Deferred to next meeting agenda
charter
Identify other topics to be Not discussed
covered by the Charter
skeleton, i.e., elections, fiscal
matters, code of ethics, etc.
10/13 Discuss reconsideration of Discussed, but deferred to obtain input through public forums
alternatives to ensure odd
number of voting members
Discuss whether to add Discussed. Alternative options to be discussed at 10/27 meeting
language on services to be
provided without specifying
departments
Discuss potential Police and Fire Preliminary recommendation:
Department skeleton • No reference to Police or Fire Department in Charter
provisions, if any
Discuss potential civil Not discussed
service/personnel system
skeleton provisions, if any
Review plans and content for Discussed
upcoming public forums
10/27 Discuss potential civil service/ Preliminary recommendation:
personnel system skeleton • No specific reference to Civil Service Board or Department
provisions in the Charter. Instead, include language that the City
shall establish a personnel system.
San Bernardino Charter Committee Timeline Page 4
Meeting
Date Task or
Discuss potential Water Not discussed—deferred to November 10 meeting
Department skeleton
provisions, if any.
Finalize plans for public forums Discussed
Review potential language Preliminary recommendations:
(possibly in a Preamble) • Add "The City shall ensure fundamental services are
regarding fundamental services provided to protect and promote the public health, safety
to be provided and welfare,"to the Charter Preamble.
• Add "The Common Council may establish departments and
assign departmental functions in order to meet the needs
of the community in the most effective and efficient
manner.The Common Council may also establish advisory
or independent boards or commissions to provide
guidance regarding the provision of City services.Any
services, boards or commissions in existence at the time of
the adoption of the Charter shall continue unless and until
changed by the Council"to the skeleton section for
Common Council
11/4 Public Forum, Golden Valley Held
Middle School, 6:30 p.m.
11/5 Public Forum:Arroyo Valley Held
High School, 6:30 p.m.
11/9 Public Forum, Indian Springs Held
High School, 6:30 p.m.
11/10 Discuss potential Water Discussed. Action postponed to next meeting
Department skeleton provisions
Review input received at public Discussed
forums
Reconsider Mayoral voting and Discussed. Action postponed to next meeting
options for ensuring odd
number of voting members
Review and discuss how charter Not discussed
issues would be treated under
general law
11/24 No Meeting Meeting rescheduled to December 1, 2015
12/1 Discuss potential Water Preliminary recommendations:
Department skeleton provisions • The Charter shall make reference to a department
responsible for water, wastewater and sewer functions
with an oversight Board of Commissioners;with their
specific powers and authority to be determined by the
Council; and with the Commissioners to be appointed by
the Council (including the Mayor). The Board shall
recommend rates for water, wastewater and sewer
services to the Council. The City Manager shall have
responsibility and supervision of the department.
• Include a section on Rights, Succession and Liabilities to
read:The City of San Bernardino shall continue to own,
San Bernardino Charter Committee Timeline Page 5
Meeting
Date Task or Activity Comments/Status
possess,and control all rights and property of every kind
and nature, owned, possessed or controlled by it at the
time this Charter takes effect and shall be subject to all its
debts,obligations and liabilities.
Reconsider Mayoral voting and Discussed. Decided to retain current charter skeleton provisions for
options for ensuring odd Mayoral voting rights and a six-ward Council system.
number of voting members
Compare and consider general Not discussed.
law vs. charter options for San
Bernardino
Review and discuss other Discussed. Will discuss compensation and employment status of
elements to be considered in Mayor and Council (full-time vs. part-time) at next meeting. No
the skeleton other elements to be considered in the skeleton.
12/8 Review compensation and
employment status for Mayor
and Council members
Compare and consider general
law vs. charter options for San
Bernardino
Begin discussing specific charter
language
12/22 Continue work on specific
language
Discuss potential public forum School District has requested 4 weeks' notice
dates
1/12 Continue work on specific
language
Discuss progress report to Tentatively schedule progress report for Feb 1
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
TBD Hold second round of public
forums
2/23 Review and revise Charter
proposal
3/8 Review draft report to Mayor Note: Report contents should contain summaries of each
and Common Council; discuss Committee recommendation and rationale (for use during
presentation format education and outreach); Management Partners studies(white
papers) will be attachments to the report
3/22 Finalize draft report to Mayor
San Bernardino Charter Committee Timeline Page 6
Meeting
Date Task or Activity Comments/Status
and Common Council,
presentation format
4/4 Present recommendations to
Mayor and Common Council
4/18 Present recommendations to
Mayor and Common Council
(alternative date)
Additional Charter 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 PRELIMINARY SKELETON
(12/1/15)
Preamble to include the following language:
The City shall ensure fundamental municipal services are provided to protect and
promote the public health, safety and welfare.
r
I. Council - Manager Form of Govt.
11. 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.
2.4 The Common Council may establish departments and assign departmental
functions in order to meet the needs of the community in the most effective and
efficient manner. The Common Council may also establish advisory or
independent boards or commissions to provide guidance regarding the provision
of City services. Any services, boards or commissions in existence at the time of
the adoption of this Charter shall continue unless and until changed by the
Council.
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 from 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 & Commissions
9.1 Specific City departments and agencies shall not be designated in the Charter,
except as otherwise provided in the Charter.
9.2 Library - Charter should require a Library Board of Trustees with its specific
powers and authority to be determined by the Council.
9.3 No specific provisions in Charter about -
a. Schools or Education;
b. Parks & Recreation;9
C. Fire Dept or services;
d. Police Dept or services;
9.4 The City shall establish a personnel system.
9.5 The Charter shall provide for a department responsible for water, waste water
and sewer functions, with an oversight Board of Commissioners; with their
specific powers and authority to be determined by the Council, with the
Commissioners to be appointed by the Council(including the Mayor). The
Board shall recommend rates for water, waste water and sewer services to the
Council. The City Manager shall have responsibility and supervision of the
Department.
X. Other
10.1 The City of San Bernardino shall continue to own,possess, and control all
rights and property of every kind and nature, owned,possessed or controlled by
it at the time this Charter takes effect and shall be subject to all its debts,
obligations, and liabilities.
9But it should say that the City's Municipal Code will provide for parks &recreation.
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Mayor and City Council Employment Status and Compensation
Date: December 8, 2015
The Charter Committee is considering elements pertaining to the Mayor and City Council that
should be included in the Charter "skeleton." At its July 14, 2015 meeting, the Charter
Committee expressed an interest in discussing whether the Mayor and City Council members
should be full- or part-time. More recently, the Committee decided to consider whether the
Charter should address compensation for the Mayor and Council members. This memorandum
provides information regarding employment status and compensation Committee members
may wish to consider in developing specific recommendations.
Background
Section 14 of the existing San Bernardino Charter establishes a four-year term for the Mayor and
staggered four-year terms for City Council members. The Charter contains no term limits for
any elected office.
Charter Section 24 specifies that the Mayor be a full-time position and establishes compensation
at 50% of the salary for a San Bernardino County Superior Court Judge. Based on the current
average salary for such judges the Mayor's current salary is approximately$92,305 per year, or
$7,692 per month.
The Charter establishes compensation for each City Council member of$600 per year or$50 per
month. The Mayor and Council members also receive an auto allowance of$600 per month,
although this form of compensation is not specified in the Charter. Retirement,health and
other benefits are provided as required by state and federal law and the California Public
Employees Retirement System,
Employment Status Comparisons
Management Partners conducted telephone interviews with the city clerks of 17 comparable
charter cities to determine whether the mayors and council members function in a full-or part-
time capacity and to confirm current compensation. We also reviewed charter language for
each city.
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 • 949 222 1082 • FAx 408 453 6191
Mayor and City Council Employment Status and Compensation Page 2
Table 1 summarizes the employment status for the mayors of comparable peers. It shows the
more common practice is for the mayor to serve on a part-time basis, consistent with the
council-manager form of government. City council members are considered to be part-time in
all 17 of the comparable agencies.
Table 1. Mayor Employment Status in Comparable Cities
Full- Pa rt-
Population Time Time Comments
200,000 to 299,000 2 2 Chula Vista and Stockton charters specify the mayor is to function on a
full-time basis
300,000 to 399,000 0 4 No charters specify the mayor is to be full-time
150,000 to 199,000 Mayors in Glendale and Oceanside are not directly elected and have
0 9 same powers and compensation as council members
TOTAL 2 15
Compensation Comparisons
California Constitution Article XI, Section 5(b) authorizes charter cities to establish
compensation for council members. Some charters state that compensation for elected officials
will be established by municipal code, ordinance or resolution. A few identify a specific
amount of compensation within the charter itself. In these cases, the compensation may only be
changed by a charter amendment approved by the electorate.
Several cities (such as Irvine, Anaheim, and Oceanside), have charter provisions stating
compensation will be set in accordance with the Government Code as applicable to general law
cities. Government Code §36516 establishes salary limits for mayors and council members
salary limits based on population size. For example, cities with populations between 150,000
and 250,000 may provide a maximum salary of$800 per month. The limit for general law cities
with populations greater than 250,000 is$1,000 per month. However, the salary cap may be
increased by local ordinance so long as the amount of the increase does not exceed 5%per
calendar year.
Table 2 summarizes whether specific salary information for each elected position is contained in
the charter. It shows that 12 of the 17 agencies do not specify the amount of compensation.
Mayor and City Council Employment Status and Compensation Page 3
Table 2. Summary of Charter Provisions for Mayor and Council Member Compensation
Salary Salary Not
Specified Specified
by
Population Charter Charter Comments
200,000 to 299,000 1 3 The Chula Vista Charter specifies mayor's compensation is to be
66%of the salary of a superior court judge and councilmembers
are to receive 40%of the mayor's salary. Irvine charter states
compensation will be set based on Government Code provisions
for general law cities.Compensation in Modesto and Stockton is
set by ordinance based on recommendations from a Citizen's
Salary Setting Commission following a public hearing.
300,000 to 399,000 2 2 Bakersfield and Santa Ana charters provide a specific salary
amount. Anaheim follows compensation requirements for
general law cities. Riverside establishes amounts by ordinance
following a public hearing.
150,000 to 199,000 2 7 Torrance and Salinas charters specify a compensation amount.
However,Salinas is in the process of updating its charter and may
remove this provision.
TOTAL 1 5 1 12
Table 3 summarizes the current compensation for mayors and council members in the 17
comparison charter cities. It shows the monthly compensation for mayors ranges from $100 to
$10,154,while monthly compensation for council members ranges from $100 to $4,061 per
month.
Table 3. Comparison of Monthly Compensation for Mayors and City Council Members
City Mayor Council Member
200,000 to 299,000 Population
San Bernardino $7,692 $50
Chula Vistal $10,154 $4,061
Irvine $880 $880
Modesto $3,600 $2,000
Stockton $6,032 $1,377
300,000 to 399,000 Population
Anaheim $1,500' $1,500'
Bakersfield $2,000 $1003
Riverside $6,569 $3,284
Santa Ana $200 $125
150,000 199,000 Population
Glendale° $1,430 $1,420
Hayward $3,330 $2,081
Mayor and City Council Employment Status and Compensation Page 4
City Mayor Council Member
Lancaster5 $600 $600
Oceanside6 $1,644 $1,644
Palmdale $2,065 $759
Pomona $1,638 $819
Salinas $800 $600
Santa Rosa $1,200 $800
Torrance $100 $100
Mayor receives 66%of salary for a superior court judge;council members
receive 40%of mayor's salary
2Plus$50 per meeting
CCity Council members also receive$20 per budget session meeting.
MMayor appointed by city council,not directly elected. Compensation follows
Government Code provisions for general law cities.
sCompensation set by ordinance;requires super-majority vote of mayor and
city council
MMayor appointed by city council,not directly elected. Compensation set by
municipal code.
Conclusion
The following conclusions can be made from the peer agency and related research:
• San Bernardino's Council members are compensated well below the norm for elected
officials, and in fact, receive less compensation than any of the peer agencies.
• Setting the Mayor's compensation based on the salary of a superior court judge is an
antiquated practice that only one of the peer agencies follows (Chula Vista).
• Following the compensation provisions for general law cities would result in improved
compensation for Council members,but reduced compensation for the Mayor.
• Most peer agencies do not specify a salary amount for elected official compensation in
the charter document itself. Instead, they either follow the provisions for general law
cities, or establish the amounts by ordinance following a public hearing. Establishing
compensation by ordinance following a public hearing may be the best alternative for
San Bernardino if the Charter includes a requirement that Mayor be full-time.
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To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: General Law City vs. Charter City Characteristics and Authorities in
California
Date: November 10, 2015
The Charter Committee is developing recommendations for a new or substantially modified
Charter to be brought to the Mayor and Common Council for consideration. The need for a
new or substantially modified Charter has been identified as critical to the success of the City's
Bankruptcy Recovery Plan. Although discussions have continued to focus on core elements of a
new Charter (the "skeleton"), Committee members are also interested in the possibility for San
Bernardino to become a general law city. The purpose of this memorandum is to provide
information on the similarities and differences between general law and charter cities to help
Committee members understand what might be gained (or lost)by such a change. Information
on the inclusion of general law provisions in peer agency charters also is provided.
Background
The California State Constitution gives cities the power to become charter cities (Article XI, §
3(a)). This allows cities to adopt a charter and ordinances that replace state laws in areas related
to "municipal affairs," subject to the limitations within the charter. At all times, the City,
whether a charter or general law city, is subject to the United States Constitution, federal laws,
the California Constitution, and state laws regarding matters of statewide concern. The primary
difference between a charter city and a general law city is who gets to make decisions regarding
"municipal affairs," i.e., the State Legislature or the City Council.
The California Constitution does not specifically define "municipal affairs," but does identify
four "core" categories that are,by definition, municipal affairs. These are (1) regulation of the
"city police force," (2) "sub-government in all or part of a city," (3) conduct of city elections, and
(4) the manner by which municipal officers are elected. Other than these categories, it has been
left to the courts to determine what is or is not a municipal affair.
There are some areas courts have consistently determined to be municipal affairs. These
include:
• Municipal election matters
• Land use and zoning decisions (with some exceptions)
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Characteristics of General Law and Charter Cities Page 2
• How a city spends its tax dollars
• Municipal contracts, provided the charter or a city ordinance exempts the city from the
Public Contract Code, and the subject matter of the bid constitutes a municipal affair.
Consequently, a charter may exempt a city from the state's competitive bidding
statutes.'
Courts have also consistently classified traffic and vehicle regulation, tort claims against a
government entity, and regulation of school systems as matters of statewide concern.2
A charter city is not required to exercise local control over all municipal affairs or set out every
municipal affair the city would like to govern. In fact, some city charters include provisions
that the city will function as a general law city, except for a few areas specified in the charter.
Characteristics of General Law and Charter Cities
The following table summarizes characteristics of municipal governments and how they apply
under general law and charter city models in the State of California.
Table 1. Characteristics of General Law and Charter Cities3
Characteristic General Law City Charter City
Ability to Govern Bound by the state's general law, regardless of Has supreme authority over"municipal
Municipal Affairs whether the subject concerns a municipal affair affairs" Cal.Constitution (CC)Article XI, §5(b)
Form of Described by state law. For example,the Charter can provide for any form of
Government California Government Code(CGC)§36501 government, including the "strong mayor"
authorizes general law cities to be governed by a and "city manager"forms. See CC Article XI,
city council of five members, a city clerk, a city §5(b); CGC§34450 et seq.
treasurer, a police chief,a fire chief and any
subordinate officers or employees as required by
law. City electors may adopt an ordinance
providing for a different number of council
members(CGC§ 34871).The CGC also authorizes
the"city manager"form of government(§34851)
Elections, Municipal elections conducted in accordance with Not bound by the California Elections Code.
Generally the California Elections Code(CEC)(CEC§ 10101 May establish own election dates,rules and
et seq.) procedures.See CC Article Xl, §5(b);CEC§
10101 et seq.
League of California Cities,"Charter Cities:A Quick Summary for the Press and Researchers,"(undated).
www.cacities.org
2 Ibid.
3 City of El Cerrito City Council Presentation,October 3,2011;California League of Cities Website
Characteristics of General Law and Charter Cities Page 3
Characteristic General Law City Charter City
Methods of Generally holds at-large elections whereby voters May establish procedures for selecting
Elections vote for any candidate on the ballot. Cities may officers(i.e., Mayor,City Council and other
also choose to elect the city council "by"or officers to be elected). May hold at-large or
"from" districts,so long as the election system has district elections(CC Article XI,§5(b)
been established by ordinance and approved by
the voters(GCG §34871). Mayor may be elected
by the city council or by vote of the people(CGC§
34902)
City Council Minimum qualifications are: Can establish own criteria for city office
Member 1. United States citizen provided it does not violate the U.S.
Qualifications 2. At least 18 years old Constitution.CC Article XI,§5(b),82 Cal.Op.
3. Registered voter Attorney General 6,8(1999)
4. Resident of the city at least 15 days prior to
the election and throughout his or her term
5. If elected by or from a district, must be a
resident of the geographical area
comprising the district from which he or
she is elected
CEC§321; CGC§§34882, 36502;87 Cal.Op.
Attorney General 30(2004)
Public Funds for No public officer shall expend and no candidate Public financing of election campaigns is
Candidate in shall accept public money for the purpose of lawful.Johnson v. Bradley, 4 Cal.4th 389
Municipal seeking elected office. CGC§85300 (1992)
Elections
Term Limits May provide for term limits.CGC§36502 (b) May provide for term limits.CC Article XI, §
5(b); CGC§36502(b)
Vacancies and An office becomes vacant in several instances May establish criteria for vacating and
Termination of including death, resignation, removal for failure to terminating city officers so long as it does not
Office perform official duties, electorate irregularities, violate the state and federal constitutions.
absence from meetings without permission, and CC Article XI, §5(b)
upon non-residency.CGC§§ 1770,36502,36513
Council Member Salary ceiling is set by city population and salary May establish council members'salaries. See
Compensation increases are set aside by state law except for CC Article XI, §5(b).
and Expense compensation established by city electors. See
Reimbursement CGC§36516. If a city provides any type of compensation or
payment of expenses to council members,
If a city provides any type of compensation or then all council members are required to
payment of expenses to council members,then all have two hours of ethics training. CGC§§
council members are required to have two hours 53234—53235
of ethics training. See CGC§§53234—53235
Characteristics of General Law and Charter Cities Page 4
Characteristic General Law City Charter City
Legislative Ordinances may not be passed within five days of May establish procedures for enacting local
Authority introduction unless they are urgency ordinances. ordinances. Brougher v. Board of Public
CGC§36394 Works,2015 Cal 426(1928)
Ordinances may only be passed at a regular
meeting,and must be read in full at time of
introduction and passage except when,after
reading the title,further reading is waived. CGC§
36934
Resolutions May establish rules regarding the procedures for May establish procedures for adopting,
adopting,amending or repealing resolutions amending or repealing resolutions. Brougher
v. Board of Public Works,2015 Cal 426(1928)
Quorum and A majority of the city council constitutes a May establish own procedures and quorum
Voting quorum for transaction of business.CGC§36810 requirements. However, certain legislation
Requirements requiring supermajority votes is applicable to
All ordinances, resolutions and orders for the charter cities. For example,see California
payment of money require a recorded majority Code of Civil Procedure§ 1245.240 requiring
vote of the total membership of the city council. a vote of two-thirds of all the members of the
CGC§36936. governing body unless a greater vote is
required by charter.
Specific legislation requires supermajority votes
for certain actions.
Rules Governing Ralph Brown Act is applicable.CGC§§54951, Ralph Brown Act is applicable. CGC§§54951,
Procedure and 54953(a) 54953(a)
Decorum Conflict of interest laws are applicable. CGC§ Conflict of interest laws are applicable.CGC§
87300 et seq. 87300 et seq.
May have provisions related to ethics,
conflicts,campaign financing and
incompatibility of office.
Personnel May establish standards, requirements and May establish standards, requirements and
Matters procedures for hiring personnel consistent with procedures,including compensation,terms
Government Code requirements. and conditions of employment for personnel.
CC Article XI §5(b)
May have "civil service"system,which includes
comprehensive procedures for recruitment, Meyers-Milias-Brown Act applies. CGC§3500
� hiring,testing and promotion.CGC§45000 et seq.
Cannot require employees to be residents of
Meyers-Milias-Brown Act applies. CGC§3500. the city, but can require them to reside within
a reasonable and specific distance of their
Cannot require employees to be residents of the place of employment.CC Article XI, § 10(b)
city, but can require them to reside within a
reasonable and specific distance of their place of
employment. CC Article XI, § 10(b)
Characteristics of General Law and Charter Cities Page 5
Characteristic General Law City Charter City
Contracting Authority to enter into contracts to carry out Full authority to contract consistent with
Services necessary functions,including those expressly charter.
granted and those implied by necessity. CGC§
37103; Carruth v. City of Madera,233 Cal.App. 2d May transfer some of its functions to the
688(1965) county including tax collection,assessment
collection and sale of property for the
nonpayment of taxes and assessments.CGC
§§51330,51334, 51335
Public Contracts Competitive bidding required for public works Not required to comply with bidding statutes
contracts over$5,000. California Public Contracts provided the city charter or a city ordinance
Code(CPCC) § 20162. Such contracts must be exempts the city from such statutes,and the
awarded to the lowest responsible bidder.CPCC§ subject matter of the bid constitutes a
20162. If city elects to subject itself to uniform municipal affair. CPCC§ 1100.7;see R&A
construction accounting procedures, less formal Vending Services, Inc. v. City of Los Angeles,
procedures may be available for contracts less 172 Cal.App.3d 1188(1985); Howard
than$100,000.CPCC§§2200, 22032 Contracting, Inc. v. G.A. MacDonald
Construction Company, 71 Cal.App.4th 38
Contracts for professional services such as private (1998)
architectural, landscape architectural,
engineering, environmental, land surveying,or Note: This exemption from competitive
construction management firms need not be bidding statutes appears to be a primary
competitively bid, but must be awarded on basis reason for becoming a charter city.
of demonstrated competence and professional
qualifications necessary for the satisfactory
performance of services. CGC§4526
Payment of In general, prevailing wages must be paid on Historically,charter cities have not been
Prevailing Wages public works projects over$1,000.California bound by state law prevailing wage
Labor Code(CLC)§ 1771. Higher thresholds apply requirements so long as the project is a
($15,000 or$25,000) if the public entity has municipal affair,and not one funded by state
adopted a special labor compliance program. CLC or federal grants. Vial v. City of San Diego,
§ 1771.5(a-c) 122 Cal.App. 3d 346,348(1981).
However,there is a growing trend on the part
of the courts and the legislature to expand
the applicability of prevailing wages to
charter cities based on an argument that the
payment of prevailing wages is a matter of
statewide concern. The California Supreme
Court declined an opportunity to resolve the
issue. See City of Long Beach v. Dept. of
Industrial Relations,34 Cal 4th 942(2004).
Characteristics of General Law and Charter Cities Page 6
Characteristic General Law City Charter City
Finance and May impose the same kinds of taxes and Have the power to tax.
Taxing Power assessments as charter cities. CGC§37100.5
Have broader assessment powers than a
Imposition of taxes and assessments subject to general law city, as well as taxation power as
Proposition 218.CC Article XIIIC determined on a case-by-case basis.
Examples of common forms used in assessment Imposition of taxes and assessments subject
district financing include Improvement Act of to Proposition 218,CC Article XIIIC, § 2, and
1911, Municipal Improvement Act of 1913, own charter limitations.
Improvement Bond Act of 1815, Landscaping and
Lighting Act of 1972, and Benefit Assessment Act May proceed under a general assessment
of 1982. law,or enact local assessment laws and then
elect to proceed under the local law. See
May impose business license taxes for regulatory J.W.Jones Companies v. City of Son Diego,
purposes, revenue purposes or both.CGC§37101 157 Cal.App. 3d 745 (1984)
May not impose real property transfer tax. CC May impose business license taxes for any
Article XIIIA, §4 purpose unless limited by state or federal
constitutions or city charter.CC Article XI, §5
May impose documentary transfer taxes under
certain circumstances California Revenue and Tax May impose real property transfer tax;does
Code§ 11911(a), (c) not violate either CC Article XIIIA or CGC§
53725. See Cohn v. City of Oakland, 223 Cal.
App. 3 d 261(1990);Fielder v. City of Los
Angeles, 14 Cal.App.4`h 137 (1993)
Streets and State has preempted the entire field of traffic State has preempted the entire field of traffic
Sidewalks control.California Vehicle Code§21 control California Vehicle Code§21
Penalties and May impose fines, penalties and forfeitures,with May enact ordinances providing for various
Cost Recovery a fine not exceeding$1,000. CGC§36901 penalties so long as such penalties do not
exceed any maximum limits set by the
charter. County of Los Angeles v. City of Los
Angeles, 219 Cal.App 2d 838, 844(1963)
Public Utilities May establish, purchase, and operate public May establish, purchase,and operate public
and Franchises works to furnish its inhabitants with electric works to furnish its inhabitants with electric
power. CC Article XI §9(a); CGC§39732; power. See CC Article XI, §9(a); California
California Public Utilities Code(CPUC)§ 10002 Apartment Association v. City of Stockton,80
Cal.App.4th 699 (2000).
May grant franchises to persons or corporations
seeking to furnish light,water, power, heat, May establish conditions and regulations on
transportation or communication services in the the granting of franchises to use city streets
city to allow use of city streets for such purposes. to persons or corporations seeking to furnish
The grant of franchises can be done through a light,water, power, heat,transportation or
bidding process, under the Broughton Act, CPUC communication services in the city.
§§6001-6092, or without a bidding process under
the Franchise Act of 1937,CPUC§§6201-6302 Franchise Act of 1937 is not applicable if the
charter provides.CPUC§6205
Zoning Zoning ordinances must be consistent with the Zoning ordinances are not required to be
adopted General Plan. CGC§65860 consistent with the general plan unless the
city has adopted a consistency requirement
by ordinance. CGC§65803
Characteristics of General Law and Charter Cities Page 7
Additional Information
Management Partners reviewed 17 peer agency charters to determine whether specific reference
is made to provisions applicable to general law cities. Table 2 provides a summary of the
results and shows 13 out of 17 make at least one reference to following State law as applicable to
general law cities in the charter itself. Four of the agency charters have language indicating the
city will follow the laws of the State of California applicable to general law cities unless the
charter specifies otherwise.
Table 2. Provisions Applicable to General Law Cities Referenced in Peer Agency Charters
Provision Number Comments
No reference to provisions for general law cities in charter 4 Bakersfield, Chula Vista',
Riverside,Stockton
Compensation for council members follows that for general law 4 Anaheim, Irvine,Glendale,
cities Santa Rosa
2
Election procedures follow those established for general law cities 4 Salinas ,Torrance, Modesto,
Santa Ana
Bidding procedures for public works projects follows that for 2 Salinas, Modesto
general law cities
Fines and penalties for charter or code violations as established by 1 Glendale
State law for general law cities
Ordinance publication and posting requirements follow those 1 Santa Rosa
established for general law cities
City powers are those as established for general law cities unless 4 Hayward, Palmdale, Lancaster,
otherwise specified by charter I I Oceanside
1Chula Vista's municipal code states the City follows procedures for holding elections as applicable to general law
cities.
2Salinas's charter makes similar reference to procedures for initiatives, referendums and recalls.
Many of the special provisions available to charter cities have been adopted and incorporated
into San Bernardino's Charter. Abandoning the charter and converting to a general law city
would have a variety of implications, including but not limited to the following.
• San Bernardino would be bound by the State's general law, and lose its "supreme
authority" over "municipal affairs."
• The City could no longer establish its own election dates, rules and procedures.
• Compensation for Council members would be limited to that allowed by State law.
(Note: Currently City Council member compensation is below the State salary cap, while
the Mayor's compensation exceeds the salary cap.)
• San Bernardino would have to follow State procedures for enacting local ordinances.
• The City would lose some of its contracting authority and ability to establish its own
bidding statutes for public contracts.
• The City would lose the authority to impose a real property transfer tax.
• San Bernardino would not be able to establish higher fines, penalties and forfeitures
than those allowed by State law (currently set at$1,000).