HomeMy WebLinkAbout01-12-2016 Charter Committee Agenda & Backup City of San Bernardino
Volunteer Citizen-Based Charter Committee
Agenda
Time: 5:00 p.m.
Date: Tuesday, January 12, 2016
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
COMMITTEE MEMBER COMMENTS
PUBLIC COMMENTS (LIMIT 30 MINUTES)
ACTION ITEMS (subject to time available with meeting scheduled to end by 7:30pm)
1. Approval of minutes from December 8 and 29, 2015 meetings (attached)
2. Special Presentations
3. Procedural Matters
a. Review Timeline (attached)
b. Review Preliminary Governmental Skeleton(attached)
C. Update on potential dates for next public forums
4. Work on Specific Language for Charter(Note: Please bring the draft previously provided)
a. Consider pending motion regarding Preamble language (attached)
ADJOURN
Unless changed at the January 12`h meeting, the next meeting of the Volunteer Citizen-Based Charter
Committee will be 5:00 p.m., Tuesday, January, 26, 2016, 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.
1
DRAFT
Charter Review Committee
Tuesday, December 29, 2015
Minutes
Committee Members Present: Phil Savage, Gary Walbourne, Dennis Baxter, Michael Craft, Gloria Harrison, Tom
Pierce, and Hillel Cohn(arrived at 5:34 p.m.) Committee Members Absent: Casey Dailey, and Vicki Lee
Staff/Committee Consultants Present: Cathy Standiford, Management Partners; Deputy City Attorney Steven Graham,
City Clerk Gigi Hanna
Chair Savage called the meeting to order at 5:01 p.m.
Public Speakers
Jim Smith,of San Bernardino, spoke about the importance of continued public participation in the Charter review
process
Minutes
The minutes for the meeting of December 8 were unavailable for review. The committee will review them at the January
12 meeting.
Action Items
The Committee:
• Voted to recommend that the City's elections be consolidated with state and federal election cycles. Motion by
Craft, second by Harrison. Carried unanimously.
Next Meeting Date and Time
The next meeting date of the Volunteer Citizen-Based Charter Review Committee will be 5:00 p.m., Tuesday, January 12,
2016.
Adjournment
The meeting adjourned at 6:00 p.m. after the mayor asked that the committee evacuate the building following an
earthquake.
Respectfully submitted by
Gigi Hanna
City Clerk
2
Charter Committee Working Timeline—January 12, 2016
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 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
3
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 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
4
San Bernardino Charter Committee Timeline Page 3
Meeting
Date Task or Activity Comments/Status
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 specific
should be included in charter 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 Preliminary recommendation:
Fire 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.
Discuss potential Water Not discussed—deferred to November 10 meeting
5
San Bernardino Charter Committee Timeline Page 4
Meeting
Date Task or •
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 provided to protect and promote the public health,safety
services 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 Discussed
public forums
Reconsider Mayoral voting and Discussed. Action postponed to next meeting
options for ensuring odd
number of voting members
Review and discuss how Not discussed
charter 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 • The Charter shall make reference to a department
provisions 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,
6
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 other
the skeleton elements to be considered in the skeleton.
12/8 Review compensation and Preliminary Recommendations:
employment status for Mayor . Mayor shall serve essentially full time
and Council members . Compensation for Mayor and Common Council will be set
periodically by the Mayor and Common Council following a
public hearing,and based on the recommendations of an
advisory Compensation Commission charged with the
periodic review of elected official compensation.
• Mayor shall be compensated higher than Council members.
Compare and consider general Preliminary Recommendations:
law vs. charter options for San • The Committee will propose a new charter(i.e., not
Bernardino recommend the City become general law)
• Follow general law with regards to prevailing wages(i.e.,
no charter exemption)
Begin discussing specific Directed consultant to work with City Attorney in preparing a draft
charter language document for the Committee to review.
12/22 No meeting Meeting rescheduled to December 29, 2015
12/29 Consider election skeleton Preliminary Recommendation:
provisions City municipal elections shall be held to coincide with
elections for state and federal offices
Discuss specific charter Discussed
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 and
upcoming public forums
1/26 Continue work on specific
language
Finalize plans for progress
report to Mayor and Council
and upcoming public forums
7
San Bernardino Charter Committee Timeline Page 6
Meeting
Date Task or Activity Comments/Status
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
Feb 8- Hold second round of public The following dates have been provided to the SBUSD, but need to
25 forums(Wards 2, 3,4 and 5) be confirmed: Feb 8, Feb 10, Feb 17, Feb 22, Feb 24, Feb 25
2/23 Review and revise Charter
proposal
Discuss future role and
responsibilities of the Charter
Committee once report has
been presented
3/8 Review draft report to Mayor Note: Report contents should contain summaries of each Committee
and Common Council; discuss recommendation and rationale (for use during education and
presentation format outreach); Management Partners studies (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 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
8
SAN BERNARDINO GOVERNMENTAL STRUCTURE PRELIMINARY SKELETON
(1/12/15)
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.
I. Council - Manager Form of Govt.
Il. 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.
II.A Elected Official Compensation
2.a.1 Compensation for the Common Council and Mayor shall be set by the Mayor and
Council following a public hearing, based on the recommendations of an advisory
commission charged with the periodic review of compensation for City elected
officials.
2.a.2 The effective date of approved increases will be deferred to commence with the
terms of council members elected at the next regular election.
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.
9
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.
3.9 The Mayor will serve essentially full time.
3.10 The Mayor's compensation will be higher than that of councilpersons.
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.
10
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;'
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.
10.2 The City shall consolidate its municipal elections with the cycle for state and
federal elections (i.e.,November of even-numbered years).
` But it should say that the City's Municipal Code will provide for parks & recreation.
11
Management
Partners
To: Volunteer Citizen-Based Charter Committee
From: Cathy Standiford, Partner
Subject: Pending Motion from December 29, 2015 Meeting
Date: January 12, 2016
The Charter Committee's meeting of January 12, 2016 was abruptly adjourned at the request of
City officials who evacuated the building after a moderate earthquake. At the time of
adjournment, a motion was pending before the Committee that had not been acted upon.
Following is the motion as recorded for the Committee's consideration at the January 12, 2016
meeting.
It was moved (and seconded) that the draft Charter Preamble be modified to strike the words
"under the constitution and laws of the State of California," and to move the words "and to
ensure fundamental municipal services are provided to protect and promote the public health,
safety, and welfare," to either section 300 (General Powers and Duties) or 302 (Duties of the City
Council).
If the pending motion is approved, the draft Preamble would read as follows:
We, the people of the City of San Bernardino, in order to secure the benefits of local self-
government and to provide for an honest and accountable council-manager government,
do hereby adopt this charter and confer upon the City the following powers, subject to the
following restrictions, and prescribed by the following procedures and governmental
structure. By this action, we secure the benefits of home rule and affirm the values of
representative democracy, professional management, strong political leadership, citizen
participation, diversity and inclusiveness, and regional cooperation.
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
19