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Home My WebLink About02-09-2016 Charter Committee Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:30 p.m. (Please note new starting time) Date: Tuesday, February 9, 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 8:00 p.m.) 1. Approval of minutes from January 26, 2016 meeting (to be mailed separately) 2. Special Presentations—Chairman Dennis Reichardt and Vice Chairman Curtis Stout, Civil Service Board of Commissioners 3. Procedural Matters a. Review Timeline (attached) b. Discuss final arrangements for public forums C. Discuss Progress Report to Mayor and Common Council 4. Work on Specific Language for Charter (Charter Draft#2 attached) ADJOURN Unless changed at the February 9rh meeting, the next meeting of the Volunteer Citizen-Based Charter Committee will be 5:30 p.m., Tuesday, February 23, 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 Charter Committee Working Timeline— February 9, 2016 Following is an excerpt from the Working Timeline showing future activities and dates only. Meeting Date Task or Activity Comments/Status 2/9 Presentation by Civil Service Board Finalize plans for Progress Report to Mayor/Council; upcoming public forums Continue working on specific language 2/10 Public Forum, 6:30 p.m. Middle College High School Multi-use Room (Ward 3) 2/16 Present progress report at Mayor/Common Council meeting 2/22 Public Forum, 6:30 p.m. Chavez Middle School Multi-use Room (Ward 5) 2/23 Incorporate comments from Mayor and Common Council into charter details; continue to work on specific language Discuss future role and responsibilities of the Charter Committee once report has been presented Discuss content and format for Committee's report to Mayor and Common Council 2/24 Public Forum, 6:30 p.m. San Bernardino High School Cafeteria (Ward 2) 2/25 Public Forum, 6:30 p.m. San Gorgonio High School (Ward 7) 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); 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 2 Table of Contents PREAMBLE.................................................................................................................................................1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION..............................1 Section 100. Name and Boundaries....................................................................................................1 Section 101. Powers of the City............................................................................................................1 Section 102. Interpretation of Powers.................................................................................................1 Section 103. Rights and Succession.....................................................................................................2 Section 104. Intergovernmental Relations.........................................................................................2 ARTICLE Il: FORM OF GOVERNMENT...............................................................................................2 Section 200. Form of Government......................................................................................................2 ARTICLEIII: CITY COUNCIL.................................................................................................................2 Section 300. General Powers and Duties ...........................................................................................2 Section 301. Composition, Eligibility, and Terms.............................................................................2 Section 302. Duties of the City Council..............................................................................................3 Section 303. Powers and Duties of the Mayor....................................................................................3 Section 304. Compensation; Expenses................................................................................................4 Section305. Prohibitions......................................................................................................................4 Section 306. Vacancies; Filling of Vacancies......................................................................................5 Section 307. Judge of Qualifications...................................................................................................5 Section 308. Council Organization, Meetings and Rules of Order.................................................5 Section 309. Ordinances and Resolutions..........................................................................................5 Section 310. Adoption of Technical Codes by Reference.................................................................6 ARTICLE IV: CITY MANAGER.............................................................................................................6 Section 400. City Manager Appointment, Qualifications and Compensation.............................6 Section 401. Powers and Duties..........................................................................................................7 ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES.........................................................8 Section 501. General Provisions..........................................................................................................8 Section 502. Direction by City Manager.............................................................................................9 Section 503. Continuation of Departments........................................................................................9 3 Proposed San Bernardino Charter, Draft#2 Page 2 Section504. City Attorney...................................................................................................................9 Section505. City Clerk..........................................................................................................................9 Section 506. Departmental Administrators;Appointive Powers...................................................9 Section 507. Water and Sewer...........................................................................................................10 Section 508. Parks and Recreation....................................................................................................10 Section509. Personnel System...........................................................................................................10 Section510. Official Bonds.................................................................................................................10 ARTICLE VI: COMMISSIONS AND COMMITTEES........................................................................11 Section 600. General Provisions........................................................................................................11 Section 601. Appointment, Removal,Terms of Office and Procedural Rules............................11 Section602. Library.............................................................................................................................11 Section 603. Water, Wastewater and Sewer ....................................................................................11 ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................12 Section700. Fiscal Year.......................................................................................................................12 Section 701. Submission of Budget and Budget Message..............................................................12 Section 702. Budget and Capital Improvement Program..............................................................12 Section 703. Council Action on the Budget and Capital Improvement Plan...............................13 Section 704. General Tax Limits and Tax Procedure......................................................................13 Section 705. Demands Against the City...........................................................................................14 Section 706. Independent Audit.........................................................................................................14 ArticleVIII: Elections..............................................................................................................................14 Section800. City Elections.................................................................................................................14 Section 801. City Council;Terms......................................................................................................15 Section 802. Number of Wards..........................................................................................................15 Section 804. Initiative, Citizen Referendum, and Recall................................................................16 ARTICLE IX: CHARTER AMENDMENT............................................................................................16 Section 900. Charter Amendments..................................................................................................16 ARTICLE X: SEVERABILITY................................................................................................................16 Section1000. Severability...................................................................................................................16 4 PROPOSED CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA (Draft #2) (Note: Elements from the approved Charter Skeleton are underlined. Other elements are from the National Civic League Model Charter unless otherwise noted or referenced. Comments or questions for the Charter Committee are highlighted within[brackets].)Numbering of sections (e.g., Articles I, II, and III beginning with section numbers 100, 200, 300, respectively,) is consistent with the common pattern for peer municipal charters.) PREAMBLE 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. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION Section 100. Name and Boundaries The City of San Bernardino,hereinafter termed the City, shall continue to be a municipal corporation under its present name of"City of San Bernardino." The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. 5 Proposed San Bernardino Charter, Draft#2 Page 2 Section 103. Rights and Succession 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. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL Section 300. General Powers and Duties All powers of the city shall be vested in the City Council ("Council"),except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. The role of the Council is legislative in character, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City's municipal code, while deferring to the discretion of management to choose the appropriate means to achieve the City Council's goals. Section 301. Composition, Eligibility, and Terms 6 Proposed San Bernardino Charter, Draft#2 Page 3 (a) Composition. Commencing with the general municipal election of November 2018, the City Council shall be composed of the Mayor and six (6) Council members. "The term "City Council," "legislative body," or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Mayor and Council members. The term "Council member" shall be deemed to mean only those members of the Council other than the Mayor. Each Council member shall be elected by ward by the voters in that ward. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. The voters of the City shall elect a Mayor at large. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. (c) Terms. The term of office for the Mayor and City Council members shall be four years, elected in accordance with Article VIII, Elections. Section 302. Duties of the City Council The Council shall ensure fundamental municipal services are provided to protect and promote the public health, safety, and welfare. The Council shall operate as a single governing body. The Council will develop and implement a 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 this charter and the City Code. The Council shall create and implement a vision and plan of implementation to maintain the City's fiscal integrity. The 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. Section 303. Powers and Duties of the Mayor The Mayor shall: (a) Be a voting member of the Council; (b) Attend and preside at meetings of the Council, and participate fully in all discussions; (c) Appoint the members and officers of Council committees, and perform other duties as specified by the Council (d) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (e) Be the chief spokesperson for the City; and 7 Proposed San Bernardino Charter, Draft#2 Page 4 (f) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City's interest; and may delegate such roles to other members of the Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The Mayor will not interfere with the discretion of the city manager in the exercise of their powers or the performance of their duties. The Office of Mayor shall be a full time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Compensation; Expenses Compensation for the City Council shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City elected officials. Compensation for the Mayor shall be commensurate with that for a full time position. No ordinance increasing such salary shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 305. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which they were elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which they were elected. Elected and appointed officials shall adhere to conflict of interest codes as established by state law and/or City ordinance. (b) Appointments and Removals. Neither the Council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (c) Interference with Administration. The Mayor and Council members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. 8 Proposed San Bernardino Charter, Draft#2 Page 5 Section 306. Vacancies;Filling of Vacancies (a) Vacancies. A vacancy shall exist on the Council, and shall be declared by the Council, upon the occurrence of any of the events enumerated in provisions of the Government Code pertaining to vacancies in public offices. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 307. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and the grounds for forfeiture of their office. Section 308. Council Organization,Meetings and Rules of Order Officers of the Council (other than the elected Mayor), the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the City Council and the order of succession in the event of a vacancy in the office of Mayor shall be as established by ordinance of the Council. Section 309. Ordinances and Resolutions (a) Adoption and Enactment. Except for emergency or urgency ordinances, no ordinance shall be adopted by the Council on the day of its introduction, nor within five days thereafter, except at a regular or adjourned regular meeting. All ordinances shall be read by title only either at the time of introduction or at the time of adoption unless four members of the Council request that the ordinance be read in full. In the event that any ordinance is altered after its introduction, it shall not be finally adopted except at a regular or adjourned meeting held not less than five (5) days after the date of such alteration. Correction of a typographical or clerical error shall not constitute an alteration within the meaning of the foregoing sentence. Ordinances and codes may be adopted by reference in accordance with general law. [This is substantially the same as current charter language.] The enacting clause of all ordinances shall be: "The City Council of the City of San Bernardino does ordain as follows:...." [The current Charter states the enacting clause as "The Mayor and Common Council of the City of San Bernardino do ordain as follows:..."] Unless otherwise required by this Charter, the affirmative votes of at least four members of the Council shall be required for the enactment of any ordinance, resolution or order for the payment of money. [Four aye votes constitute a majority with 7 voting members. No Mayor veto or Council override authority pursuant to Charter skeleton.] All ordinances and resolutions of the Council shall be signed by the Mayor and attested by the City Clerk. [This is a procedural element that could be omitted from the Charter and included in the Municipal Code.] (b) Emergency Ordinances. Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, or safety and containing a 9 Proposed San Bernardino Charter, Draft#2 Page 6 statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if it is passed by at least five (5) affirmative votes. (c) Ordinances,when Effective. An ordinance shall become effective after the thirtieth day following its adoption, or at any later date specified therein, except the following,which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election. (2) An emergency ordinance adopted in the manner provided for in this Article. (d) Publication of Ordinances. As used in this section, the term "publish" means to print in the contemporary means of information sharing,which includes,but is not limited to, one or more newspapers of general circulation in the city and, if available, in a web site. Within 15 days after its passage, the City Clerk shall cause each ordinance to be posted in at least three public places in the City in lieu of publication, unless publication is requested by a majority of the Council or otherwise required by law. The publication of the ordinance may be satisfied by the publication of a summary of the ordinance,with the title,number and names of those Council members voting for and against it. The publication shall include a statement that the full text of the ordinance is available for inspection in the office of the City Clerk. After the passage of each ordinance, and at all times thereafter, the City Clerk shall maintain on file and open to public inspection a certified copy of the full text of the ordinance. [San Bernardino's procedure for posting/publication of ordinances follows general law. The above streamlines the language and is based on an even shorter section taken from the Irvine City Charter. It is intended to address issues with increased costs associated with newspaper publishing and the advent of information made public through the internet.] Section 310. Adoption of Technical Codes by Reference Detailed regulations pertaining to any subject, when arranged as a comprehensive code, may be adopted by reference by ordinance. Such code need not be posted or published in the manner required for the enactment of ordinances. Any or all ordinances of the City may be compiled, consolidated, revised, indexed, including such restatement and substantive change as is necessary in the interest of clarity, and arranged as a comprehensive ordinance code. Such ordinance code may be adopted by reference as provided herein. Copies of any adopted code of regulations shall be made available for purchase at a reasonable price. [This section allows technical ordinances, such as the City's zoning codes or uniform building codes, to be handled differently than typical ordinances.] ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment,Qualifications and Compensation 10 Proposed San Bernardino Charter, Draft#2 Page 7 The Council by a majority vote of its total membership shall appoint a city manager and fix the manager's compensation. The City Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management.The Council shall establish and communicate clear expectations for the City Manager and shall conduct an annual evaluation of the City Manager's performance. [Skeleton 4.1] [The current City Charter specifies minimum qualifications for the City Manager. They include being at least 30 years of age;being a resident of the City (which has been determined to be unconstitutional in the State of California); a master's degree or higher in public administration,business administration or a related field; and at least three years' of service as a city manager, county manager or assistant city manager. These requirements would be more appropriate in the municipal code.] Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all city affairs placed in the manager's charge by or under this Charter. 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. [Charter Skeleton 5.1] The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The City Manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Council is fully informed on all aspects of important emerging issues, and as part of that responsibility will fully brief the Council at their meetings on business matters before them. [Charter Skeleton 5.4] (e) See that all laws, provisions of this Charter and acts of the Council, subject to enforcement by the City Manager or by officers subject to the manager's direction and supervision, are faithfully executed; (f) Prepare and submit the annual budget and capital program to the Council and implement the final budget approved by the Council to achieve the goals of the City; 11 Proposed San Bernardino Charter, Draft#2 Page 8 (g) Submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Council may require regarding operations; (i) Keep the Council fully advised as to the financial condition and future needs of the City; (j) Make recommendations to the Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (k) Provide staff support services for the Mayor and Councilmembers; (1) Assist the Council in developing long-term goals for the City and strategies to implement these goals; (m)Be accountable for the implementation of Council goals and policies and the overall performance of the City; [Charter skeleton 5.3] (n) Encourage and provide staff support for regional and intergovernmental cooperation; (o) Promote partnerships among the Council, staff, and citizens in developing public policy and building a sense of community; (p) 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; and [Charter Skeleton 5.2] (q) Perform other such duties as are specified in this Charter or may be required by the Council. [The above list of duties has a level of detail similar to what is commonly found in a municipal code. For example, the Irvine City Charter simply states: "The appointment, removal,powers and duties of the City Manager shall be as established by ordinance of the City Council," and more specific duties such as those described above are found in the municipal code. However, it may be advisable to include the list in the Charter to make it clear what the roles and responsibilities are, and how they differentiate from the roles and responsibilities of the Mayor and City Council.] ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES Section 501. General Provisions The Council may establish City departments offices or agencies in addition to those created by this Charter, and may prescribe the functions of all departments offices and agencies to meet the needs of the community in the most effective and efficient manner. [The Model Charter contains an additional statement that"No function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other." However, this statement is not recommended for inclusion 12 Proposed San Bernardino Charter, Draft#2 Page 9 because (a) it could be interpreted to prohibit the City Council from reorganizing functions, which is contrary to the intent of Charter skeleton language, and (b) it could prohibit the City Council from discontinuing programs or services that are deemed to be unnecessary or ineffective.] Section 502. Direction by City Manager All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except as otherwise provided in this Charter. [If the charter does not specify any individual departments, this last phrase is unnecessary.] With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter,unless and until changed by ordinance. Section 504. City Attorney The Council shall appoint a duly qualified officer of the city who shall have the title of City Attorney. [Current charter requires City Attorney to be a resident duly licensed in California, to have been engaged in the practice of law for at least 5 years prior to appointment. The residency requirement is not necessary for an appointed city attorney. If there is a need to specify any minimum qualifications, they would be more appropriate for the municipal code.)] The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by state law, this Charter or by ordinance. The City Attorney shall leave the formulation of policy and managerial matters exclusively to those officials charged by the Charter with those duties. Section 505. City Clerk The Council shall appoint a duly qualified officer of the City who shall have the title of City Clerk. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and perform other such duties as are assigned by this Charter,by the City Council, or by state law.[Current charter includes other duties,but these would be better addressed in the City Code.] Section 506. Departmental Administrators;Appointive Powers 13 Proposed San Bernardino Charter, Draft#2 Page 10 Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for by the Council for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Water and Sewer The City shall have a department responsible for water, wastewater and sewer functions, reporting to the City Manager. [Reference to the oversight board and its duties as described in the charter skeleton is found in the subsequent Article.] Section 508. Parks and Recreation The City shall provide for parks and recreation services. [Sections 507 and 508 have been included pursuant to the Charter Skeleton approved by the Committee. (Reference to the Library Board of Trustees is found in the subsequent Article on Boards, Commissions and Committees.) However, including these references and the specific details regarding water and sewer functions may cause some to question why other departments,boards, or services are not also specified in the Charter. It would be more consistent to drop references to libraries, parks and recreation and water and sewer in the Charter. Section 503 strives to assure the voters that current conditions regarding departments, boards and conditions will continue, at least for the foreseeable future, or until a transition plan is developed and approved at a public meeting. In the meantime, I've added reference to the water/sewer board of commissioners and their duties to the subsequent Article.] Section 509. Personnel System All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. Consistent with all applicable federal and state laws the Council shall provide by ordinance for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City's departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. The Council may provide for the number, titles, and compensation of all officers and employees. [The current City Charter contains provisions prohibiting nepotism, giving preference in hiring to veterans, and establishing procedures for granting military leaves. Such provisions should be incorporated into the City's municipal code and/or adopted personnel rules and regulations.] Section 510. Official Bonds. 14 Proposed San Bernardino Charter, Draft#2 Page 11 The Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officers or employees who are required by ordinance or resolution to give such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a part to, or conspired in, such wrongful act or omission. [The Irvine City Charter includes provisions for bonds in the same article as other provisions for departments, officers and employees.] ARTICLE VI: COMMISSIONS AND COMMITTEES [Some peer agency charters separate provisions for departments from provisions for commissions and committees (which may also include City Council subcommittees). The following provisions, unless noted as being from the Charter Skeleton, are based on those from the Irvine City Charter.] Section 600. General Provisions The commissions and committees established prior to the adoption of this Charter shall continue to exist and exercise the powers and perform the duties conferred upon them upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of commissions and committees; or may abolish or create commissions and committees by ordinance. The Council may grant powers and duties to commissions and committees as long as they are not inconsistent with the provisions of this Charter. Section 601. Appointment,Removal,Terms of Office and Procedural Rules The appointment, removal, and terms of office of commissions, committees and members and the rules and regulations pertaining to the conduct of commission or committee business shall be as prescribed by ordinance or resolution of the Council. Section 602. Library The Council shall appoint a Library Board of Trustees, with its specific powers and authority established by ordinance. Section 603. Water,Wastewater and Sewer The Council shall appoint a board of commissioners to oversee the City's water,wastewater and sewer functions,with its specific powers and authority established by ordinance. The 15 Proposed San Bernardino Charter, Draft#2 Page 12 board of commissioners shall recommend rates for water, waste water and sewer services to the Council. [As with the department sections, making reference to these specific commissions/boards, may result in questions about why other existing commissions and committees (e.g., Civil Service, Parks and Recreation) are also not referenced. Section 600 is intended to provide assurance there will not be immediate changes. Consequently, it may be more consistent to delete sections 603 and 603.1 ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least thirty (30) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Council the proposed budget and an accompanying message. The City Manager's budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City's debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. [Shorter peer agency charters do not tend to prescribe that a budget message be included, or what it should contain. However this Model Charter language is consistent with best practice.] Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and,except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may require for effective management and understanding of the relationship between the budget and the City's strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. 16 Proposed San Bernardino Charter, Draft#2 Page 13 The City's budget and capital improvement plan should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. [The Model Charter includes specific budget document requirements that, while consistent with best practices, are far more detailed than what is typically found in modern California charters. Reference to the GFOA standards is suggested as an alternative because they are even more detailed than the requirements found in the Model Charter. Most municipal budgeting professionals recognize the GFOA Distinguished Budget Presentation Award as the standard for budget transparency and presentation. It is also common practice for multi-year capital improvement programs to be adopted concurrently with the annual budget]. Section 703. Council Action on the Budget and Capital Improvement Plan (a) Notice and Hearing. The Council shall publish the general summary of the budget and CIP and a notice stating (1) the times and places where copies of the budget,budget message and CIP are available for inspection by the public, and (2) the time and place, not less than two weeks after such publication, for a public hearing or public hearings on the budget and CIP. As used in this Article, the term "publish" means to print in the contemporary means of information sharing,which includes, but is not limited to one or more newspapers of general circulation in the City, and on the City's web site. (b) Amendment before Adoption. After the public hearing(s) the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income. (c) Adoption. The budget and CIP shall be adopted by the Council by ordinance before the beginning of the fiscal year. Section 704. General Tax Limits and Tax Procedure The Council shall not levy a property tax for general municipal purposes in excess of the maximum rate applicable to the City on the effective date of this Charter;provided, however, that a tax in excess of such rate may be levied if authorized for general law cities by the general laws of the State or if authorized by the affirmative votes of a majority of the voters voting on a proposition to increase such levy,pursuant to the requirements of State law. 17 Proposed San Bernardino Charter, Draft#2 Page 14 The procedure for the assessment, levy, and collection of taxes may be prescribed by ordinance of the City Council; and in the absence of such an ordinance, the applicable procedure shall be that prescribed by the general laws of the State. [The Model Charter contains provisions for the levying of property taxes, all of which have superseded in California by Propositions 13 and 218.] Section 705. Demands Against the City The provisions of the laws of the State of California relating to the processing of demands and claims against the City, the establishment and operation of funds and the transfer of revenue between funds which apply to general law cities shall be applicable to and given full force and effect in the City. [This is the same as current Charter Section 135.1 Section 706. Independent Audit The Council shall provide for an independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public account or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GRAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm annually, or for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the each member of the Council, the City Manager, Finance Director and City Attorney. Three additional copies shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and published on the City's web site. [The Model Charter contains provisions for a City Council Audit Committee. Such provisions could be included in the municipal code if desired. Components of Section 706 related to the distribution of the audit were based on the Irvine City Charter.] Article VIII: Elections Section 800. City Elections Beginning in November 2018, the regular City election shall be held at the time established by State law on the first Tuesday in November, and every two years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and City Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. 18 Proposed San Bernardino Charter, Draft#2 Page 15 [The effect of following consolidating City elections with general elections for state and federal offices, and following the provisions of the Elections Code for general law cities is that there will no longer be a need for runoff elections. Instead, the highest vote getter will be elected. (Tie votes are decided by the casting of lots.) This will result in a shorter, less expensive election process, and should allow the City to swear in new Council members when the results are ready to be certified, typically in December of the same year.] To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one year. Section 801. City Council;Terms Commencing with the general municipal election of November 2020, the elective officers of the City shall consist of a Mayor and six council members. Council members shall continue to be elected for terms of four years, with such terms staggered between the wards as established by ordinance. The Mayor shall be elected at the general municipal election in November 2018, and each fourth year thereafter. The Mayor shall continue to be elected at large. Section 802. Number of Wards The number of wards shall be reduced from seven(7) to six (6) following a redistricting process. The process for redistricting shall be established by ordinance and may include the appointment of an advisory redistricting commission. The existing number of wards and their boundaries shall remain in effect until such time as the redistricting process is completed,but no later than January 31, 2018. No change in the number or boundary or location of any ward shall abolish or terminate the term of office of any City Council member in office at the time of the adoption of this Charter, prior to the expiration of the term office for which the member was elected. On or before July 3, 2018, the Council shall adopt an ordinance or resolution establishing the names and respective boundaries of the wards to be used for election of Council members, based on the redistricting process. The ordinance or resolution shall include a transition plan from seven to six wards, including the staggering of wards and their order for subsequent election. Such wards shall be in compliance with applicable laws and such other permissible criteria as the Council may specify by ordinance or resolution. [The details of a transition plan would include which wards are to be elected during the November 2018 election, and which would be up for election in November 2020. It is likely the transition plan would specify the Mayor and Wards 1,2 and 4 for 2018,with Wards 3, 5, and 6 up for election in 2020. In a perfect world, the odd-numbered wards would be elected at one 19 Proposed San Bernardino Charter, Draft#2 Page 16 election, and the even-numbered ones in the subsequent election,but it is impractical to try to dictate that in the Charter. Instead,it would be better for the Council to decide which wards are elected when once the new boundaries are actually determined.] Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain them in compact form and as nearly equal in population as possible, consistent with applicable state and federal law. Section 804. Initiative,Citizen Referendum,and Recall Initiatives, citizen referendums and recalls shall follow the procedures of the State Elections Code as applicable to general law cities. ARTICLE IX: CHARTER AMENDMENT Section 900. Charter Amendments Amendments to this Charter shall follow the procedures of the State Elections Code as applicable to charter cities. [The procedures for charter amendments are found in Elections Code section 9255-9269.1 ARTICLE X: SEVERABILITY Section 1000. Severability If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any persons or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. [Note: Charter Draft #1 included an undrafted Article entitled "Transition and Severability". After additional review of the Model Charter, it appears that all of the transition elements have already been covered earlier in Article I, Section 103, "Rights and Succession." Consequently,I shortened this to cover only the issue of severability.] 20 DRAFT Charter Review Committee Tuesday, January 26, 2016 Minutes Committee Members Present: Phil Savage, Vicki Lee, Tom Pierce,Michael Craft(left at 6:40 p.m.), Casey Dailey (arrived at 5:27 p.m.), Dennis Baxter, and Hillel Cohn Committee Members absent: Gloria Harrison and Gary Walbourne Staff/Committee Consultants Present: Cathy Standiford, Management Partners; City Attorney Gary Saenz, City Clerk Gigi Hanna Chair Savage called the meeting to order at 5:01 p.m. Following the Pledge of Allegiance, City Attorney Saenz spoke to the committee about making their votes clear and passed out a memo concerning it. The Clerk agreed to announce the vote tally to keep the record clear. Public Speakers Shirley Harlan, of San Bernardino, discussed ways to engage the public in the Charter Review discussion and process. She said she was working with the League of Women Voters on the matter. Minutes A motion was made by Cohn, seconded Baxter,to approve the Minutes of the January 12, 2016 meeting. The motion passed unanimously. Special Presentations Dr. Milton Clark discussed the Library Board of Trustees and its role in the Library's functions as well as how the library has weathered the financial and political difficulties of the City by maintaining an independent Board. Action Items The Committee voted to: • To strike the words"and staff' in Article 3, Section 300 of the Proposed Charter: The role of the Council is legislative in nature in character, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City's municipal code, while deferring to the discretion of management and st to choose appropriate means to achieve the Council's goals. Motion by Baxter, second by Craft. Carried unanimously • To strike the section from "Unless ... contrary" in Article 3, Section 301(a): The term "Council," `legislative body," or other similar terms used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Mayor and Council members., ,f thi�s Ghai-tei-0i Motion by Baxter, second by Craft. Approved unanimously • To change the wording of Article 3, Section 302(f)to read: (The mayor shall)Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City's interest, and may delegate such votes to other members of the Council. Motion by Baxter, seconded by Dailey. It carried unanimously. • To move Article 3, Section 303(g)to the second paragraph of Section 302. The motion was made by Dailey, seconded by Baxter. The motion carried 5-1, with Cohn dissenting. • To strike Section 303(g). The motion was made by Pierce, seconded by Cohn and carried unanimously. • To approve the following language in Article 3, Section 305(a): Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which they were elected, No Former Mayor or Council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which they were elected, Elected and appointed officials shall adhere to conflict of interest codes as established by state law andlor City ordinance. The motion was made by Baxter, seconded by Lee and carried unanimously. • To amend the language of Article 3, Section 305 (b)to read:Appointments and Removals. Neither the Council nor any of its members shall in any manner control or demand appointment or removal of any city administrative officer or employee whom the City Manager is empowered to appoint. The motion was made by Dailey, seconded by Baxter and carried unanimously. • To amend the second sentence of Article 3, Section 305 (b)to read: This does not preclude members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. The motion was made by Cohn, seconded by Dailey and carried unanimously. • To adopt the following language (Option C)for Article 3, Section 305(c): Interference with Administration. The Mayor and Council members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager and shall not give orders to or attempt to direct the work of such officers and employee either publicly or privately. Inquiries may be made directly to officers and employee under supervision of the city manager with the knowledge and consent of the city manager. The motion was made by Pierce, seconded by Dailey and carried unanimously. • To modify the language of Article 3, Section 306(a)be modified to read:A vacancy shall exist on the Council and shall be declared by the Council, upon the occurrence of any of the events enumerated in the provisions of the Government Code pertaining to vacancies in public offices. The motion was made by Cohn, seconded by Dailey and carried unanimously. • To eliminate Article 3, Section 306(b) from the Charter. The motion was made by Cohn, seconded by Baxter and carried unanimously. • To adjust their schedule and make their presentation to the Mayor and Common Council at its February 16, 2016 meeting. The motion was made by Cohn, seconded by Lee and carried unanimously. • To change the committee's meeting time to 5:30 p.m. The motion was made by Craft, seconded by Pierce and carried unanimously. Next Meeting Date and Time The next meeting date of the Volunteer Citizen-Based Charter Committee will be 5:30 p.m., Tuesday, February 9, 2016. Adjournment The meeting adjourned at 7:27 p.m. Respectfully submitted by Gigi Hanna City Clerk Agenda Item for February 16,2016 Joint Regular Meeting of Mayor and Common Council Subject: Progress Report from the Volunteer Citizen-Based Charter Committee Financial Impact: None Synopsis of Previous Council Action: The Mayor and Common Council established the Volunteer Citizen-Based Charter Committee ("Charter Committee") in March 2014. The Charter Committee was asked to develop initial recommendations for amending the City's charter in time for the November 2014 general election. The authorizing resolution contains no ending date for the Charter Committee. In May 2015, San Bernardino filed a Plan of Adjustment with the U.S. Bankruptcy Court in an effort to emerge from bankruptcy. The Plan of Adjustment(or bankruptcy recovery plan) identified the City's charter as a barrier to efficient, effective government because it is overly complex,hard to understand, and contains elements that are inconsistent with best practices for modern municipal government. Subsequently, the Charter Committee has continued its work to develop recommendations for a new or substantially revised charter that reflects the principles of good governance and meets the needs of the community. The Charter Committee has been meeting approximately twice per month since May 2015 with the goal to provide recommendations to the Mayor and Common Council by April or May of this year. The Charter Committee provided a progress report to the Mayor and Common Council on September 21, 2015. The progress report included information on the need for charter reform, the role of the Charter Committee, the Committee's approach to its work, and several preliminary recommendations. The Committee also reviewed the timeline for completing its work. This progress report contains an update on the Charter Committee's actions since September. Background Public Education and Outreach Efforts Beginning in July and continuing through September 15, 2015, the Charter Committee sought public input through a survey made available online and in print. A total of 440 complete responses to the survey were submitted. Although the survey gauged public opinion, it was not a randomized sampling of voters, and did not contain any background or educational information about charter issues and concerns. The summary results are as follow. Charter Committee Progress Report, February 16,2016 Page 2 • 92% of respondents indicated the Charter should be revised (51%) or replaced (42%). Only 8%indicated the Charter should remain unchanged. • 53% of respondents indicated support for San Bernardino remaining a charter city. • 46% indicated preference for a council-manager form of government where the City Council sets policy and the policy is implemented by the City Manager as the chief executive officer. However, approximately 30%reported they were unsure. • A majority of respondents favored retaining the City Attorney, City Clerk and City Treasurer as elected positions (62%,58% and 57%, respectively). • 79% of respondents favored having the Mayor directly elected by voters, instead of being selected by the City Council. • 65% of respondents indicated the Mayor should be responsible for intergovernmental relationships and be recognized as the head of the City government for ceremonial and other purposes,but that the City Manager should be responsible for administrative functions of the City. • 74% of respondents favored consolidating City elections with those for state and federal offices. In November 2015 the Charter Committee held three public forums in three different wards. The purpose of the public forums was to provide education about San Bernardino's charter reform efforts and engage participants in sharing their opinions on the preliminary recommendations presented to the Mayor and Common Council on September 21, particularly those related to governance. A cumulative total of approximately 85 participants attended the three forums, not counting Charter Committee members, staff or School District personnel. Common themes aggregated from input received during the three public forums include the following. • The Mayor should be allowed to vote. • The Mayor should continue to be elected at large. • To avoid tie votes, changing the number of wards is preferable to adding a Council member elected at large • More participants favored reducing the number of wards over increasing them • The City Attorney, City Clerk and City Treasurer should be appointed, not elected. • There appears to be consensus that Charter reform is necessary. The Charter Committee has scheduled additional public forums to be held in the remaining four wards on February 10 (Ward 3),February 22 (Ward 5), February 24 (Ward 2) and February 25 (Ward 7), and appreciates the collaboration with the San Bernardino Unified School District in providing locations and staff support at these events. The additional public forums will follow a similar format and seek input on the same questions as those held in November. Charter Committee Progress Report, February 16,2016 Page 3 Since July, members of the Charter Committee also have provided presentations to a variety of community groups, and are continuing to respond to requests for such presentations. Charter Development On December 29, 2015 the Charter Committee completed its work on the charter "skeleton." The charter skeleton is an outline of the key elements, ideas and principles to be addressed in the City's charter, including an overall governance structure. The Charter Committee discussed the advantages and disadvantages of becoming a general law city, and determined that remaining a charter city is in the best interests of the community. The Committee also has discussed whether the charter should be substantially modified or completely re-written. In order to recommend a charter that reflects best practices consistent with modern municipal governance, the Charter Committee has decided to propose a completely new charter instead of recommending numerous amendments to the existing charter. The Charter Committee continues to use a variety of resources in developing recommendations for a new charter. These include: • A Model Charter prepared by the National Civic League (NCL) 0 Research on best practices for modern-era charters • Charters of 17 other California charter cities with populations between 150,000 and 400,000 (peer agencies) • San Bernardino's "Charter Reform Principles and Objectives," "Operating Practices for Good Government," and strategic plan, as adopted by the Mayor and Common Council • Public input at forums and Charter Committee meetings 0 Input from elected and appointed officials, department directors and board and commission representatives. The following table summarizes the substantive elements of the charter skeleton and the Charter Committee's rationale for recommending them. Like the recommendations reported by the Charter Committee in September, those presented in the table below should be considered preliminary recommendations at this time, and subject to change based on additional input from the City Council and public. Charter Committee Progress Report, February 16, 2016 Page 4 Table 1: Charter Committee Preliminary Recommendations and their Rationale Preliminary Recommendation Rationale Council-manager form of government • Most common form of city government in • City Council shall be composed of the Mayor and California and in peer agencies six Council members • Helps the Mayor and Council function as one • Mayor elected at large governing body • Council members elected by ward • Consistent with NCL Model Charter • Same four-year terms as current model • Consistent with Operating Practices for Good • City Council powers limited to legislative and policy Government(OPGG)and Charter Reform Principles making • City Manager functions as chief executive officer, responsible for daily operations Mayor • Consistent with NCL Model Charter • Has a full vote with the City Council • Consistent with OPGG • Continues to be presiding officer at meetings,and • In 15 of 17 peer agencies, Mayor has full voting may fully participate in discussions rights • Continues to be the City's key face and chief • Mayor voting rights,election at large,and full-time spokesperson status supported by majority of public forum • Continues to be essentially full time participants • Continues to represent the City in intergovernmental relations, establish and maintain partnerships and regional leadership roles, although may delegate such roles to other members of the Council • No longer has independent administrative, appointment or removal powers City Council (including the Mayor) • Consistent with NCL Model Charter • Shall ensure fundamental municipal services are • Consistent with best practices provided to protect and promote public health, • Consistent with practices of most peer agencies safety and welfare • Reducing number of wards to enable Mayor voting • Shall operate as a single governing body rights was preferred alternative of a majority of • Will appoint the city manager,city attorney and public forum participants city clerk • Will establish clear expectations for city manager and conduct periodic performance evaluations to ensure accountability • Will develop and implement norms(or a Code of Conduct), including measures to hold each other accountable • Will not interfere with the judgement and discretion of management staff,such as the appointment, removal and supervision of subordinate staff • Shall perform duties and exercise powers to serve best interests of entire City, rather than a particular geographic area or special interest • May establish departments and assign departmental functions to meet the needs of the community in the most effective and efficient manner • May establish advisory or independent boards or Charter Committee Progress Report, February 16, 2016 Page 5 Preliminary Recommendation Rationale commissions • Based on 6-ward system to eliminate possibility of tie votes City Manager • Consistent with council-manager form of • Will be sole authority for managing City operations government and appointing and directing City staff, unless • Consistent with OPGG otherwise specified by the charter • Consistent with best practices • Will make business and policy recommendations . Consistent with practices of peer agencies based on independent professional judgement and • Consistent with NCL Model Charter best practices in the interests of the City • Shall strictly guard against interference with the performance of his or her duties • Will be accountable for implementing Council goals and policies and the overall performance of the City • Will be responsible for ensuring the City Council is kept fully informed on important emerging issues, and will fully brief the Council at Council meetings on business matters before them. Compensation for Mayor and City Council • Most peer agencies do not specify a salary amount • Shall be set by Mayor and City Council following a for elected official compensation in the charter public hearing itself. Instead,they either follow general law • Shall be based on recommendations of and provisions or establish the amounts by ordinance advisory commission charged with the periodic following a public hearing review of compensation for City elected officials • Current Council compensation is significantly lower • Effective date of approved increases to be deferred than the peer agencies studied to commence with the terms of council members • Setting the Mayor's salary based on the salary of a elected in next regular election superior court judge is an antiquated practice that only one peer agency follows(Chula Vista) • Following compensation provisions for general law cities would result in improved compensation for Council members, but reduced compensation for Mayor • Some peer agencies appoint advisory commissions to provide independent review compensation • Deferring compensation increases reduces perception that such increases are self-serving City Treasurer will not be referenced in charter • 10 of 17 peer agency charters make no reference to • City's municipal code would either reference City Treasurer. Instead they assign treasury Treasurer as an appointed position delegate functions to professional staff in the finance treasury functions to professional staff in the department Finance Department • Only 3 peer agencies have elected treasurers • Public forum participants support appointed treasurer and/or delegation to professional staff • Consistent with NCL Model Charter • Current City Treasurer supports the position being appointed instead of elected Duly qualified City Clerk shall be appointed by City • 14 of 17 peer agencies have an appointed City Clerk Council as a whole, not elected. • City Clerk is appointed by Mayor and Council in 14 of 17 peer agencies • Appointed City Clerk is consistent with NCL Model Charter Committee Progress Report, February 16,2016 Page 6 Preliminary Recommendation Rationale Charter,although Model Charter recommends appointment by city manager • Public forum participants support appointed city clerk • Current City Clerk supports the position being appointed instead of elected Duly qualified City Attorney shall be appointed by City • 16 of 17 peer agencies have an appointed city Council as a whole, not elected. attorney. • City Attorney shall function as chief legal officer to • Appointed City Attorney is consistent with NCL provide legal advice to Mayor, Council and City Model Charter, although Model Charter Manager recommends the appointment be made by city • City Attorney shall not be involved in formulation manager or by the city manager with confirmation of policy by the city council. • Appointment of the city attorney by the city council as a whole is common practice in California • Most public forum participants support appointed city attorney • Current City Attorney supports the position being appointed instead of elected City Departments shall not be referenced in the charter, • 9 of 17 peer agency charters give city council the unless there is a compelling reason to do so authority to establish departments,while 8 are • City Council shall ensure fundamental municipal silent on the issue services to protect and promote public health, • 11 of 17 peer agency charters make no reference to safety and welfare are provided. specific departments. Instead,specific information • City Council has the authority to create, modify or about departments is found in the municipal code change departments as needed to ensure efficiency • Consistent with NLC Model Charter,which makes and effectiveness no reference to specific departments or functions • Consistent with council-manager form of government Charter shall provide for department responsible for • Most peer agencies make no reference to a water water,wastewater and sewer functions,with an department, board or commission in the charter. oversight Board of Commissioners However,the Charter Committee recognizes the • Board to be appointed by the City Council. importance of water,wastewater and sewer as an • Board shall recommend rates for water, essential City function. wastewater and sewer services to the Council. • 12 of 17 peer agencies have a city-operated water • The City Manager shall have responsibility and department. Of these 12 agencies,8 have a water supervision of the department board or commission. • 5 of 8 city-operated water boards have members appointed by the City Council. The Mayor appoints water board members in the remaining three peer agencies • Of the 8 peer agency water boards, none have the independent authority to set rates or hire staff. In fact,there is not a single public water/wastewater utility in California that does not vest rate setting authority in an elected body(other than San Bernardino) • None of the peer agency water boards or commissions has independent authority to retain or remove department staff. The executive responsible for water/wastewater operations is Charter Committee Progress Report, February 16, 2016 Page 7 Preliminary Recommendation Rationale appointed by and reports to a city manager. Charter shall provide for a Library Board of Trustees, • Of 11 peer agencies operating a city library, only 8 with its specific powers and authority to be determined have a Library Commission or Board of Trustees by the City Council • However,the Charter Committee recognizes the importance of libraries as a community asset. • Of these 8 peer agencies,only two have the authority to hire or remove the Library director. • The Library Director reports to the City Manager in 8 of the peer agencies,consistent with the council- manager form of government • Delegating authority to City Council to determine advisory or independent authority of boards and commissions is consistent with NCL Model Charter The City shall establish a personnel system • Most peer agencies make reference to a civil • Details of the system would be provided in either service or personnel system in the charter. In some the City's municipal code, or through adopted cases the reference merely authorizes the City policies and procedures and negotiated labor Council to establish such a system agreements • Most modern-era charters do not include specific • Reference to the Civil Service Board and its duties personnel rules, policies or procedures. Instead, would be addressed in the municipal code these are found in the municipal code, negotiated labor agreements and/or adopted personnel policies and procedures. • Reference to a personnel or civil service board,as well as its specific authorities is more commonly found in the municipal code. In most cases,the board is appointed by the City Council as a whole. The City shall continue to own, possess and control all • This ensures succession of the City's rights and rights and property of every kind a nature, owned, controls assuming a new charter is adopted possessed or controlled by it at the time the new charter is approved, and shall be subject to all its debts, obligations and liabilities Municipal elections shall be consolidated with the cycle • Consolidated elections are less expensive due to for state and federal elections(i.e., November of even- greater economies of scale numbered years) • Public forum participants expressed support for changing the timing of elections as a strategy for increasing voter turnout • Consolidating municipal elections with federal and state elections has had a positive impact on voter turnout in other cities The Charter Committee's preliminary recommendations for the Charter result in a governance structure that looks fundamentally different than the existing governance structure. The existing governance structure as documented in the City's bankruptcy Plan of Adjustment is provided as Attachment A. The proposed governance structure, presented as Attachment B, provides greater clarity in roles, responsibilities, and reporting relationships, with all Boards and Commissions appointed by and accountable to the City Council, and all departments Charter Committee Progress Report, February 16, 2016 Page 8 accountable to the City Manager. This structure is consistent with best practices for council- manager forms of government, as well as the provisions of modern-era charters. The Charter Committee appreciates any input the Mayor and Common Council can provide on these preliminary recommendations, as well as the recommendation to propose a completely new charter to the voters in November 2016. I------------------------------- N A S o U C � k iU U o ------------- ------------------ V � v O E A c Q 3 N & � Eta~ ad ga a$m gs c O .o JwV O wz wg v O . 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