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04-12-2016 Charter Committee Agenda & Backup
City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:30 p.m. Date: Tuesday, April 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 at (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 March 22, 2016 meeting (to come separately) 2. Special Presentations 3. Review of Preliminary Charter(Completely reviewed draft, revisions suggested by Chair, and alternative language suggestions for Sections 302 and 303 attached) 4. Procedural Matters a. Review Timeline (attached) b. Review Revised Organization Chart under Preliminary New Charter(attached) b. Discuss April 25, 2016 Workshop with Mayor and Common Council C. Discuss Committee's Final Report and Presentation to the Mayor and Common Council ADJOURN Unless changed at the April 12`h meeting, the next regular meeting of the Volunteer Citizen-Based Charter Committee will be 5:30 p.m., Tuesday, April 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 Table of Contents PREAMBLE.................................................................................................................................................1 ARTICLE I: NAME,BOUNDARIES, POWERS, RIGHTS AND SUCCESSION..............................1 Section 100. Name and Boundaries....................................................................................................1 Section101. Powers of the City............................................................................................................1 Section 102. Interpretation of Powers.................................................................................................1 Section 103. Rights and Succession.....................................................................................................1 Section 104. Intergovernmental Relations.........................................................................................2 ARTICLE II: FORM OF GOVERNMENT...............................................................................................2 Section 200. Form of Government......................................................................................................2 ARTICLE III: 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 ARTICLEIV: CITY MANAGER.............................................................................................................5 Section 400. City Manager Appointment, Qualifications and Compensation.............................5 Section401. Powers and Duties..........................................................................................................5 ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES.........................................................6 Section 501. General Provisions..........................................................................................................6 Section 502. Direction by City Manager.............................................................................................7 Section 503. Continuation of Departments........................................................................................7 Section504. City Attorney...................................................................................................................7 2 Proposed San Bernardino Charter,Draft#4 Page 2 Section505. City Clerk..........................................................................................................................7 Section 506. Departmental Administrators;Appointive Powers...................................................7 Section 507. Parks and Recreation......................................................................................................7 Section 508. Personnel System.............................................................................................................7 Section509. Official Bonds...................................................................................................................8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES.......................................................8 Section 600. General Provisions..........................................................................................................8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules..............................8 Section602. Library...............................................................................................................................8 Section 603. Water,Wastewater and Sewer Collection...................................................................9 Section 604. Personnel Commission.................................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT...................................................................................10 Section700. Fiscal Year.......................................................................................................................10 Section 701. Submission of Budget and Budget Message..............................................................11 Section 702. Budget and Capital Improvement Program..............................................................11 Section 703. Council Action on the Budget and Capital Improvement Plan...............................11 Section 704. General Tax Limits and Tax Procedure......................................................................11 Section706. Independent Audit.........................................................................................................12 Article VIII: ELECTIONS.......................................................................................................................12 Section800. City Elections.................................................................................................................12 Section 801. City Council; Terms......................................................................................................12 Section802. Number of Wards..........................................................................................................12 Section 804. Initiative, Citizen Referendum, and Recall................................................................13 ARTICLE IX: CHARTER AMENDMENT............................................................................................14 Section 900. Charter Amendments..................................................................................................14 Section 901. Periodic Review of Charter..........................................................................................14 ARTICLEX: SEVERABILITY................................................................................................................14 Section1000. Severability...................................................................................................................14 3 PROPOSED CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA (Draft #4) 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. 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. 4 Proposed San Bernardino Charter, Draft#4 Page 2 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 (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 5 Proposed San Bernardino Charter, Draft#4 Page 3 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. Tlae Council shall have,tlae .carver to oy;erride or remise IMN�order, directjv;e a.iid or decision of the Nlavor rnade either forinalh, or inforrnalh� by a t�c� tl�ircls rata°crrft�� �-c�te. Section 303. Powers and Duties of the Mayor The Mayor shall: (a) Attend and preside at meetings of the Council, and participate fully in all discussions bLit shall not be entitled to ti-otc exec: 7t in the e= ent of a tic; (b) Have the alit )z,(,(I bt, less tlaara fir=e rnen°ibers of the Cowicil; (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 6 Proposed San Bernardino Charter, Draft#4 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 his or her powers or the performance of his or her 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. 7 Proposed San Bernardino Charter, Draft#4 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 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. Council shall have the power to adopt and publish ordinances consistent with state law. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment,Qualifications and Compensation 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 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 evaluation of the City Manager's performance at least annually. 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. 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 8 Proposed San Bernardino Charter, Draft#4 Page 6 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 informed on all aspects of important emerging issues, and as part of that responsibility will brief the Council at their meetings on business matters before them. (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; (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; (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;and (q) Perform other such duties as are specified in this Charter or may be required by the Council. ARTICLE V: DEPARTMENTS, OFFICERS AND EMPLOYEES Section 501. General Provisions 9 Proposed San Bernardino Charter, Draft#4 Page 7 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. 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. 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. 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. 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. Section 506. Departmental Administrators;Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided 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. Parks and Recreation The City shall provide for parks and recreation services. Section 508. Personnel System 10 Proposed San Bernardino Charter, Draft#4 Page 8 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. The administration of employee matters shall be delegated to the Human Resources Department. 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. Section 509. Official Bonds. 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. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 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 boards,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. Members of boards, commissions and committees shall be residents of the City. Section 602. Library 11 Proposed San Bernardino Charter,Draft#4 Page 9 The Council shall appoint a Library Board of Trustees, consisting of five members, to serve as an honorary trust without compensation and hold it responsible for providing adequate library services. The Board shall: a. Recommend to the City Manager the appointment of a Library Director; b. Administer the Library budget as allocated by the Council; c. Make and enforce all rules and regulations applicable to library services; and d. Such additional matters as may be determined by ordinance. Section 603. Water, Wastewater and Sewer Collection (a) Board of Water Commissioners; Appointment,Term of Office, Removal. The Council shall appoint a board of five, duly qualified commissioners to oversee the City's water, wastewater and sewer collection functions. The term of office for each commissioner shall be six years, with the terms staggered in the same manner as at the time of the adoption of this Charter. Any member of the Board may be removed at any time by the affirmative vote of five Council members. Upon any such removal, the vacancy shall be filled by the Council for the unexpired term. Each member of the Board shall make and subscribe the same oath of office required of other City officers before an officer authorized by law to certify oaths. (b) Powers of the Board. The Board of Water Commissioners shall perform the duties and responsibilities prescribed in this Charter and shall perform such other duties and responsibilities as may be prescribed or delegated by the Council. The Board is hereby authorized and empowered: 1. To establish and collect all water, wastewater, sewer collection and recycled water rates, collect all rentals from water bearing lands and generally regulate, control, manage, renew, repair and extend the entire water, wastewater, sewer collection and recycled water systems of the City; 2. To employ such persons as the necessities of the water,wastewater and sewer collection and recycled water service may require, to fix and pay out of the Water or Sewer funds the compensation of any and all employees in said water,wastewater, recycled water and/or sewer service, respectively, and to require of any employee in the Water Department an adequate bond for the faithful performance of his or her duties; 3. To generally regulate, control,manage, renew, repair and extend the City potable water, waste water treatment and sewer collection systems and to fund these activities in accordance with the California Constitution; 4. To incur any indebtedness or liability against the Water or Sewer Funds, subject to the debt limitation provisions of the State of California Constitution and laws; and 5. To make rules and regulations governing the conduct of the members of the Board of Water Commissioners and its employees 12 Proposed San Bernardino Charter, Draft#4 Page 10 (c) Sale and Use of Water. The Board shall have power to control and order the expenditure of all money received from sale or use of water, for the defraying of expenses or maintenance and repairs and operation of the water system, or for any expenses for additions to the system. The Board shall have the power to control and order the supplying of water to the City for any and all purposes; provided that all revenues associated with the sale and use of water shall be deposited in the treasury of the City to the credit of the Water Fund, and shall be kept separate and apart from other monies of the City, and shall only be drawn from the Water Fund upon demands authenticated by authorized signatures. (d) Receipts and Disbursements of Water and Sewer Wastewater Collection Funds. The Water Board shall cause a complete and accurate account of all receipts and disbursements related to the water,wastewater, and wastewater collection systems to be kept in proper books, which shall be made available for inspection by the public during the Water Department's regular business hours. (e) Independent Audit. The Water Board shall annually provide for an independent audit of all water, wastewater and sewer collection system accounts, and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits,which should be performed in accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). As soon as practical after the end of the fiscal year, a final certified audit and report shall be submitted by the accountant to the Water Board. The Board shall file a copy of the independent auditor's report with the City Clerk. (f) Compensation of Board Members. The members of the Water Board shall each receive compensation, payable out of the Water Fund and/or Sewer Fund as established by resolution adopted by the Water Board, following a public hearing. (g) Collaboration with City. It shall be the duty of the Council to pass such ordinances as may be necessary to enforce the rules and regulations of the Water Board. It shall be the duty of the Water Board and executives of the Water Department to collaborate with the Council and executives of the City to protect and promote the public health, safety and welfare.The Water Department general manager shall advise the City Manager on all issues affecting the City on a regular basis. Section 604. Personnel Commission The Council shall appoint a Personnel Commission consisting of five members to serve without compensation. The Commissions sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. The Commission shall recommend rules, regulations and guidelines for its proceedings to the Council. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year 13 Proposed San Bernardino Charter, Draft#4 Page 11 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. 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. 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. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one or more public hearings on them. After the public hearing(s) the Budget and CIP shall be adopted by the Council before the beginning of each fiscal year. Section 704. General Tax Limits and Tax Procedure [Note: the Committee deferred discussion of this section pending legal review.] 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. 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. 14 Proposed San Bernardino Charter, Draft#4 Page 12 [The Model Charter contains provisions for the levying of property taxes, all of which have superseded in California by Propositions 13 and 218.] Section 706. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) 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. 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 after the first Monday 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. 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 2018, the elective officers of the City shall consist of a Mayor and seven 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 There shall be seven wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable state and federal law. 15 Proposed San Bernardino Charter,Draft#4 Page 13 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. 16 Proposed San Bernardino Charter, Draft#4 Page 14 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. Section 901. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the Council-manager form of government. 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. 17 SUGGESTED REVISIONS TO COMMITTEE'S FIRST COMPLETE DRAFT OVERALL AND THROUGHOUT THE DOCUMENT Throughout our draft new Charter, reconsider how to state council actions; whether by ordinance, resolution, or otherwise. I have flagged instances on m copy of the Draft. [Deal with any need for defining the difference in manners of action in section 309.] PREAMBLE Revise preamble to read as follows: "We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter." ARTICLE III: CITY COUNCIL AND MAYOR 300. General Powers and Duties - delete the word "City" from the last sentence. 301. Composition,Eligibility, and Terms (a) Revise to read as follows: Change"six (6)"to "seven". [This section 301 as well as section 801 both deal with election issues. I suggest we move all election issues to 801.] Move the next to last paragraph of this section 301 (starting with the words "Each Council")to section 801. Delete the last paragraph (starting with the words "The voters"). [Equivalent language to this last paragraph is in section 801.] 302. Powers and Duties of the Council From this caption delete the word"City". Add the following two sentences at it's end: "Each Council member shall have a full vote on all matters coming before the Council. Actions to be taken by the Council require only a majority vote of the Council members unless this Charter requires the vote of the Mayor to be considered as well." [ie. - Mayor's vote for selection and/or removal of City Manager] 303. Powers and Duties of the Mayor (a) Revise to read as follows: "Attend and preside at meetings of the Council and participate fully in all discussions, but shall not vote except in the event of a tie and as otherwise provided in this Charter." [The Mayor and some Committee members believe the Mayor should also have a veto power. In that case, language concerning that would be needed as a new subsection (b) in this section (see Charter Draft), and language concerning overriding a veto should be included in section 302.] Slightly revise and move the next to last sentence of the next to last paragraph of this section to the end of section 304(c). 18 304. Compensation; Expenses Delete "City" from first line. 305. (b)Appointments and Removals. Delete the words "whom the City Manager is empowered to appoint". (c)Add here the following language [revised from 303 above]: "Neither the Mayor nor any Council member shall interfere with the discretion of the City manager in the exercise of his or her powers or the performance of his or her duties." 308. Council Organization, Meetings and Rules of Order. Delete the word "City" before Council in it's second line. 309. Ordinances and Resolutions. Should this section specifically mention both Ordinances and Resolutions, not just ordinances? Probably titling it "Council Actions." Should this section define and clarify that all Council actions may be by ordinance, resolution or otherwise, unless specifically stated in the Charter to be ordinance? Should it state what is required if the action is to be by ordinance? Consider having this section read something like the following: "The Council shall have the power to act in all manners allowed under state law. When an action is required by state law or this Charter to be by ordinance, it shall be noticed and published in a manner consistent with state law." ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation Revise the first sentence to read as follows: "The Council by a majority vote of the Council members and the Mayor shall appoint, and may remove, a City manager whose compensation shall be fixed by the Council." 401. Powers and Duties . . . . [OK] Make the following revisions following the introductory paragrah: "The City Manager shall: (a)Appoint and suspend or remove all City employees and appoint administrative officers except as otherwise provided by law, this Charter or personnel rules adopted [Balance OK.] (b)OK (c) OK (d)Ensure the Council is informed on [from former(i)] the financial condition, future needs, and all aspects of important emerging issues, and as a part of that responsibility,will brief the Council at their meetings on the mess matters before them. (e) See that all laws, provisions of the Charter and acts of the Council sul"eet to the Fna-a ^°r's aireetien and super-vi ^, are faithfully executed. (f)OK 19 (g) I question why this is needed, but have no major objection to it. (h) DELETE, is adequately covered by(q) below (i) DELETE, essence is included within (d) above. 0) OK (k) OK,but I question whether this is needed (1) OK (m) OK (n) OK (o) OK (p)OK (q)OK, but suggest changing the word "required"to "requested". ARTICLE V: DEPARTMENTS OFFICERS AND EMPLOYEES Throughout this Article consider whether the Mayor should have a vote in appointments and/or removals. Section 501. General Provisions Should the City Manager be able to create, eliminate or combine departments (unless inconsistent with actions of the Council)? Section 502. Direction by City Manager Delete the following phrase: "Under the direction and supervision of the City Manager". [This is adequately dealt with by the subsequent clause: "except as otherwise provided in this Charter".] Section 504. City Attorney Should the appointment of the City Attorney be by majority vote of the Council members and the Mayor? [I continue to believe that the Charter directing the City Attorney to represent the City in all legal proceedings is a potential problem and should have immediately following it the following phrase: "except as otherwise directed by the Council".] Section 505. City Clerk Should the appointment of the City Clerk be by majority vote of the Council and mayor? My present thought is this isn't needed. Delete the word "City" before "Council". Section 508. Personnel System Change the word "the" in the last sentence to "a". ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Shouldn't the word "boards"be included before "commissions" throughout this Section? Section 602. Library [Consider revising this section starting with the words "The Board shall" as 20 follows:] The Board shall have such powers and duties as may be established by the Council by ordinance [probably not resolutions or otherwise] adopted not less than three months after written notice to the Board of intent to consider adopting such an ordinance and consultation and discussion with the Board about the language of any such ordinance.[Note, the immediately preceding language may well need to be reworked as to timing and notice.]Pending the adoption of any such ordinance, the Board shall: a. As to this subsection, reconsider whether the Library Director should be appointed by the City Manager or appointed by the Library Trustees and if so, such appointment being subject to approval of the Council. If the preceding suggested introductory language is approved, then I think leaving the Library Director as appointed by the Trustees may be best. Section 603. Water and Wastewater/Sewer Systems Consider revising this section to read as follows: (a) Board of Water Commissioners; Appointment, Term of Office,Removal. The Council [Should the Mayor have a full vote on this and removals?] shall appoint [by ordinance, resolution, other action?] a board of five, duly qualified commissioners to oversee the City's water, recycled water, and wastewater/sewer collection and distribution systems ["Water Systems"]. . . . (b) Powers of the Board. The Board of Water Commissioners shall have such powers and duties as may be established by the Council by ordinance [probably not resolution or other action] adopted not less than three months after written notice to the Board of intent to consider adopting such an ordinance and consultation and discussion with the Board about the language of any such ordinance.[Note, the immediately preceding language quite possible should be reworked as to timing and notice.] Pending the adoption of any such ordinance, the Board is hereby authorized and empowered: . . . . (As drafted before,but with "Water Systems" some other modifications.) (g) I suggest moving the 1st sentence to the end of this subsection. Also, consider whether actions other than just ordinances (resolutions, etc.) should be mentioned. Section 604. Personnel Commission I suggest deleting the last sentence. ARTICLE VII: FINANCIAL MANAGEMENT Probably OK as is, but Id still shorten 701 & 702. Also, await dealing with 704 until receive legal input. ARTICLE VIII: ELECTIONS Section 801. Council Members and Mayor. [Change caption as indicated.] Revise this section to be as follows: The elective officers of the City shall consist of a Mayor and seven 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. 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 consecutive days immediately preceding the date of filing their nomination papers for the office. The Mayor shall continue to be elected at large. 21 Management Partners To: Volunteer Citizen-Based Charter Committee From: Cathy Standiford, Partner Subject: Alternatives for Preliminary Charter Sections 302 and 303 Date: April 12, 2016 The Charter Committee has completed its initial review of a preliminary new charter. During the meeting of March 22, the Committee changed a preliminary recommendation that the Mayor have the same voting authority as Council members. Management Partners was asked to research and provide alternative language to the powers of Mayor as contained in Section 303 of the preliminary charter to allow for voting in case of a tie. Several Committee members also expressed interest in language to provide the Council with override powers. The Council's powers are generally described in Section 302. The purpose of this memorandum is to recommend language alternatives for each of these sections for the Charter Committee to consider. Mayor Voting to Break Ties Management Partners reviewed the City's current charter, as well as language pertaining to tie breaking powers of the Mayors from the charters for Riverside and Bakersfield. (Riverside and Bakersfield are the only two of 17 peer agencies that allow the Mayor to break tie votes of the City Council. Based on our review,the following revision to the first paragraph of Section 303 is recommended. Section 303. Powers and Duties of the Mayor The Mayor shall: (a) Attend and preside at meetings of the Council, and participate fully in all discussions,but shall not be entitled to vote except in the event of a tie; (b) Have the authority to approve or veto any order, resolution or ordinance approved by less than five members of the Council; (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 22 Alternative Language for Charter Sections 302 and 303 Page 2 (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. City Council Override Powers To maintain override powers for the City Council, the last paragraph of Section 302 of the preliminary charter could be amended to read as follows. This is essentially the same language currently found in San Bernardino's charter. None of the peer agency charters provide override powers for the City Council. 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. The Council shall have the power to override or revise any order, directive and/or decision of the Mayor made either formally or informally,by a two-thirds majority vote. Conclusion The above alternative language for Sections 302 and 303 has been added to preliminary charter draft#4 for the Committee's review. 23 Charter Committee Working Timeline—April 12, 2016 Following is an excerpt from the Working Timeline showing recent outcomes and future activities and dates only. Meeting Date Task or Activity Comments/Status 3/22 Continue working on specific Discussed. Completed first draft of preliminary charter language Discuss workshop with Mayor and Discussed Common Council 4/12 Review first complete draft of preliminary charter Discuss 4/25 Workshop with Mayor and Common Council Discuss Committee's final report Note: Report contents will contain summary of Committee and presentation to Mayor and recommendations and rationale (for use during education and Common Council outreach); Management Partners studies (white papers) will be attachments to the report. Note:Committee's report due to City Clerk by 4115 to meet deadline for May 2 MCC meeting;due by 4129 to meet deadline for 5116 meeting 4/25 Workshop with Mayor and 5:30 p.m. Common Council to discuss preliminary Charter recommendations 4/26 Discuss revisions to the preliminary charter based on workshop with Mayor and Council Review draft Committee final report to Mayor and Common Council Review and discuss presentation of Committee report 5/16 Present Charter Committee Report to Mayor and Common Council 5/10 Possible Committee meeting(if necessary) Note:Should the timeline slip, regular Charter Committee meetings may be scheduled for May 10 and May 24 if necessary. 24 a e °iP3 m N N> Ln E y�y E 3 U 7 0 a H m to 2 L Z to J V C C " 3 Ta W o v Em E a' U 0 cs o s m W CL`tY � m r c s+ C_ i cc c Q Q L r 'C fA Lu 'E Aff r = v d r.0 C ~ O Q .` m 0 i C v CL m m > ,NQ N Nib o co O 7E t: C Q1� C d, u -a ` a o` a C1 O At ° ` U � m d �a a 3= d C ° Q .i O o u a N © o n a a� � °u o� ° O C n LL o� U ❑ v c a o'o c J n n Q rn Q3; .no +✓ O. Z c a w +°� c c ° c w >s � L/1 ° Evyco V, (3) a 3 V i, v ��V C C Q Q co L Q y O pCj C C O La I� o £ � ° N U ti m