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HomeMy WebLinkAbout04-26-2016 Charter Committee Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:30 p.m. Date: Tuesday, April 26, 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 April 19, 2016 meeting(to be emailed separately) 2. Special Presentations 3. Discuss comments received during April 25 Workshop with Mayor and Common Council 4. Review and make final adjustments to Draft Proposed Charter(draft#5a) and revised organization chart 5. Review draft of Committee's Final Report (to be emailed separately) and discuss presentation to the Mayor and Common Council 6. Procedural Matters a. Review Timeline (attached) ADJOURN Unless changed at the April 26`h meeting, the next regular meeting of the Volunteer Citizen-Based Charter Committee will be 5:30 p.m., Tuesday, May 10, 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. Charter Review Committee Tuesday, April 19, 2016 DRAFT Minutes Committee Members Present: Phil Savage, Hillel Cohn, Casey Dailey, Tom Pierce, Gloria Harrison, Michael Craft, Gary Walbourne, Dennis Baxter, and Vicki Lee. Staff/Committee Consultants Present City Attorney Gary Saenz, City Clerk Gigi Hanna, Cathy Standiford, of Management Partners, City Manager Mark Scott. Chair Savage called the meeting to order at 5:30 p.m. Following the Pledge of Allegiance, Dailey said he liked the shorter length of the new charter and said he'd like to discuss the role of a facilitator in the workshop with the MCC. Harrison said she was concerned about the upcoming joint meeting and said the committee needs to stay focused. Public Speakers Jim Smith, of San Bernardino, said he felt the size of the new proposed charter is more appropriate than the current one, said the committee played an important part in the process and congratulated them for their efforts. He said the city is making specific positive changes and it needs to be shared with the citizens, the last link in the charter change process. Shirley Harlan, of San Bernardino, spoke about the difference in the old and proposed organizational charts and said the new one was confusing. She suggested changes to the diagram to make it more understandable and asked the committee to clarify the changes in the charts. Minutes • A motion was made by Cohn, seconded by Baxter, to approve the Minutes of the March 22, 2016 meeting. The motion passed unanimously. • A motion was made by Cohn, seconded by Dailey, to approve the Minutes of the April 22, 2016 meeting. The motion passed unanimously. Action Items The Committee reviewed the revised organizational structure of the proposed new charter, discussed the upcoming workshop with the MCC, including the need and identity of a facilitator being offered by the San Bernardino City Unified School District, and the committee's final report and presentation to the MCC, scheduled for May 16, 2016. Next Meeting Date and Time The meeting adjourned to 5:30 p.m. April 25, 2016 for a joint meeting with the MCC in the EDA Board Room. The next regular meeting of the Charter Review Committee is scheduled for Tuesday, April 26, 2016 in the EDA Board Room at 5:30 p.m. Adjournment The meeting adjourned at 7:40 p.m. Respectfully submitted by Gigi Hanna City Clerk Charter Committee Working Timeline—April 26, 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 language Discussed. Completed first draft of preliminary charter Discuss workshop with Mayor and Common Discussed Council 4/12 Review first complete draft of preliminary charter Discussed Discuss 4/25 Workshop with Mayor and Common Discussed Council 4/19 Review revised organizational structure under Discussed draft proposed new charter Discuss workshop with Mayor and Common Discussed Council Discuss Committee's Final Report and Discussed Presentation to Mayor and Common Council Discuss Draft Proposed Charter Discussed 4/25 Workshop with Mayor and Common Council to 5:30 p.m., EDA Board Room discuss preliminary Charter recommendations 4/26 Discuss revisions to the preliminary charter based on workshop with Mayor and Council Discuss additional discussion items presented at April 19 Committee meeting Review draft Committee final report to Mayor and Common Council Discuss presentation of Committee report 5/10 Review and discuss Committee report presentation 5/16 Present Charter Committee Report to Mayor and Note:Committee's report due to City Clerk by Common Council? 4129 to meet deadline for May 16 MCC meeting; 5/24 Possible Committee meeting(if necessary) 6/6 Alternative date to present Charter Committee Note: Committee's report due to City Clerk by Report to Mayor and Common Council May 20 to meet deadline for June 6 MCC meeting Note:Should the timeline slip, additional regular Charter Committee meetings may be scheduled if necessary. Management Partners To: Volunteer Citizen-Based Charter Committee From: Cathy Standiford, Partner Subject: Alternative Language for Water Board (Draft Charter Section 603) Date: April 26, 2016 At its meeting of April 19, the Charter Committee received information about several sections of the proposed Charter that might benefit from additional discussion. One of these sections was Section 603 entitled "Water, Wastewater and sewer collection. The Committee had questions about the difference between the terms "wastewater" and "sewer" and wanted to be sure the appropriate terminology is reflected in the proposed Charter. The Committee Chair also proposed alternative language to streamline and simplify Section 603. Management Partners was asked to get input from Stacey Aldstadt, the Water Department General Manager, on this proposed language to provide guidance to the Charter Committee. We had a telephone conversation with the General Manager to relay the Committee's request and forwarded the alternative language to her for review. We confirmed that "wastewater" is the more current and preferred terminology for sewer systems and functions, and that all references to "sewer" should be changed to "wastewater." Ms.Aldstadt supports the adoption of the alternative language,but requested some minor modifications for technical accuracy. Specifically, the phrase "Water and Wastewater Systems" should be used to describe the collective functions as defined in 603(a) instead of"Water Systems," because water and wastewater are two completely different systems utilizing different infrastructure. In addition, the Water Department provides wastewater treatment to Loma Linda and Highland in addition to San Bernardino. Following is the alternative language incorporating Ms. Aldstadt's modifications. 603. Water and Wastewater A Water Board of Commissioners shall be appointed by the entire Council and Mayor. They shall serve six year terms of office, staggered as in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by vote of the entire Council and Mayor. The Board shall have the following powers and responsibilities: a. Be responsible to oversee and manage the City's water supply, recycled water, wastewater collection and treatment ("Water and Wastewater Systems")functions in accordance with State law. 1730 MADISON ROAD • CINCINNATI,OH 45206 • 513 8615400 • FAx 513 8613480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET,SUITE 470 • SAN JOSE,CALIFORNIA 95131 • 408 437 5400 • FAx 408 453 6191 3152 RED HILL AVENUE,SUITE 210 • COSTA MESA,CALIFORNIA 92626 • 949 2221082 • FAx 408 453 6191 Alternative Language for Charter Section 603 Page 2 b. Employ such persons, including a general manager, as may be needed for proper administration of the City's Water and Wastewater Systems. c. Set and collect all rates,fees and charges for operation of the Water and Wastewater Systems. d. Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. e. Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. f. Collaborate with the Council,Mayor and City Manager concerning the City's Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. g. Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City's Water and Wastewater Systems. Both Ms.Aldstadt and Management Partners agree that there is no need to reference an Appendix in the alternative language because subsections 603(a) through (g) encompass all of the functions and authorities of the Water Board and Department. Based on the input from the Water Department General Manager, we recommend the Charter Committee substitute the above language in place of Section 603 in the proposed Charter. 4/21/16 SUPPLEMENT CHARTER REVISION SUGGESTIONS Modify, and put all in sequence, suggested revision considerations as follows: §301(c) Delete this subsection. §302 (3`d paragraph): Revise this as follows: "The Council, and in collaboration with the Mayor, shall create and implement a vision and plan of implementation to maintain the City's fiscal integrity. " (2"d sentence of last paragraph): Revise this as follows: "Actions of the Council require a simple majority vote of the quorum present for approval, unless otherwise specified by this Charter as requiring the vote of the entire Council or by State or Federal law." §303(c) The examples of where Draft Charter powers to act which are not referenced in this section can have deleted from it §300. Also, if the suggested changes to §§302 and 401(h) are made, they can be deleted. §603(b) is an additional example. 305(c) Add after the word "preclude" in the 2 n sentence the words"the Mayor or". §306(a) Revise this section to read as follows: "Upon the entire Council determining the occurrence of any of the events enumerated in provisions of the Government Code pertaining to vacancies in public offices, it shall declare a vacancy on the Council or for the office of Mayor." The substantive change is to require a vote of the entire Council. The rest of the is to better clarify the language of this section. §307 Should it require a vote of the entire Council to act as judge of elections? Probably not, but what does the Committee think? §400 I've resolved my most of my issues here and am no longer suggesting the Committee further review paragraphs concerning adding the word entire except as they are mentioned elsewhere in this Supplement. §401(h) Change the word "require" to "request". §604 Add to following sentence: "The entire Council and Mayor may remove Commissioners n the same manner." Ask Attorney re both of the following: 1. Throughout document, why not eliminate "legalese" and delete numerical references to numbers and leave them just verbal? [ie.: "five" rather than"five (5)"]; and 2. Why are the words "if any" are needed in §308? City of San Bernardino Volunteer-Based Citizens Charter Committee Final Report to the Mayor and Common Council May 16, 2016 Charter Committee Final Report, May 16,2016 Page 2 [Note to Committee: We plan to insert a Table of Contents before this page. Executive Summary The Volunteer-Based Citizen Charter Committee ("Charter Committee")was established in March 2014 to review San Bernardino's Charter and make recommendations for improvement. The Charter Committee is comprised of nine residents appointed by the Mayor and Common Council. It provided initial recommendations in May 2014, some of which were placed on the ballot for the November 2014 election. The need for more substantive charter reform became evident after the City of San Bernardino filed bankruptcy. The bankruptcy recovery plan approved by the Common Council and submitted to the U.S. Bankruptcy Court made clear the City's need to streamline governance and operations. It stated "until fundamental government and management issues are resolved, it will be difficult to operate in a modern and efficient manner." The Charter Committee subsequently has continued its work to review and develop recommendations for a new or substantially revised charter that reflects the principles of good governance and meets the needs of the community. This report summarizes the Charter Committee's work and contains recommendations for consideration by the Mayor and Common Council. The most significant recommendation is that the Mayor and Common Council take action to place a new, streamlined, modern charter before the voters on November 8, 2016, consistent with the intent expressed in the adopted bankruptcy recovery plan. The Charter Committee has prepared a proposed Charter, included in this report,which applies best practices for municipal governance applicable to San Bernardino,while maintaining several practices that seem to be supported by community. If adopted, the proposed Charter will help San Bernardino emerge from bankruptcy with a clear and streamlined governance structure based on the council-manager form of government. This form of government(in which the Council and Mayor serve as the legislative policy-making authority and a professional City Manager is responsible for managing daily operations and executing the policies of the Council and Mayor), is the most common form of government in the State of California and the nation as a whole. Because the roles and responsibilities of the Common Council,Mayor and City Manager will be clear, accountability for the effective leadership and management of the City should significantly improve. Consistent with best practices,the proposed Charter establishes the City Attorney and City Clerk as positions appointed by the entire Council and Mayor instead of directly elected positions. The functions of the City Treasurer would be assigned to professional staff in the Finance Department. Charter Committee Final Report,May 16, 2016 Page 3 Although the proposed Charter recommends changes to the overall governmental structure and contains the provisions necessary to implement them, there are a number of governance and operational elements that are not proposed for change. These include maintaining the current ward system and number of wards, retaining the Mayor as a directly elected,full-time position with limited ability to vote on items of business, and retaining the current independence of the Water Board of Commissioners and Library Board of Directors to oversee and administer the Water Department and Library, respectively. The name of the Civil Service Board is proposed to change to more commonly used "Personnel Commission,"however, the proposed Charter maintains the Commission's independent authority to hear and decide appeals of employee disciplinary matters. A summary of the Charter elements and the Committee's rationale for recommending them is provided later in this report. The proposed charter represents a true collaboration between the Charter Committee, the Mayor, Common Council, City Manager, City Attorney, and City Clerk;representatives from various Boards and Commissions, and members of the public. The Charter Committee appreciates the time and input all of these individuals have provided to help develop recommendations and a proposed Charter that will make San Bernardino strong,vibrant, efficient and effective well into the future. The Charter Committee Mission and Membership The Mayor and Common Council established the Volunteer Citizen-Based Charter Committee ("Charter Committee") in March 2014. The Charter Committee was originally asked to review all provisions of the Charter, report its findings, and provide initial recommendations in time for the November 2014 general election. The Committee made its report and initial recommendations in May 2014. 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 consists of nine members appointed by the Mayor and Common Council. The current members are as follow. Charter Committee Final Report, May 16, 2016 Page 4 • Phil Savage,Ward 7 appointee (Committee Chair) • Casey Daily,Ward 1 appointee • Dennis Baxter,Ward 2 appointee • Gary Walbourne,Ward 3 appointee • Hillel Cohn,Ward 4 appointee • Michael Craft,Ward 5 appointee • Vicki Lee,Ward 6 appointee • Tom Pierce,Mayoral appointee • Gloria Macias Harrison,Mayoral appointee Although they have been appointed by the Mayor or individual Council members, Charter Committee members have worked diligently to represent the interests of the City as a whole, not the interests of a particular ward or geographic area. Members also believe their role is to be independent from whoever appointed them. In other words, the views and decisions of individual Committee members have been their own,not based on the influence of their appointing official. The views and recommendations contained in this report reflect the majority consensus of the entire Committee. The Charter Committee has been meeting approximately twice per month since May 2015. All meetings have been open to the public and conducted in accordance with the Ralph M. Brown Act to ensure transparency. All work products of the Committee, including agendas, minutes, research studies, presentations and progress reports made to the Mayor and Common Council are available on the City's website and/or from the City Clerk's Office. Why Charter Reform Is Needed The charter is the basic document that defines the City's organization, powers, functions and essential procedures. It is comparable to the U.S. or a state constitution. The need for more comprehensive charter reform became evident after the City of San Bernardino sought bankruptcy protection. In fact,the bankruptcy recovery plan filed with the United States Bankruptcy Court made clear the City's need to streamline governance and operations, stating"until fundamental government and management issues are resolved, it will be difficult to operate in a modern and efficient manner." The recovery plan further states: The Core Team and other constituencies, including outside experts, have concluded that decades of questionable management and inefficiency are very much the result of a convoluted City Charter that complicates daily management and generally neutralizes executive authority. The City's governance structure is highly complex and unique compared with any other city in California. Overlapping authority and ambiguities in Charter Committee Final Report, May 16, 2016 Page 5 the City's Charter create operational uncertainty and ineffectiveness because the role, responsibility and authority of the Common Council, City Manager, City Attorney and Mayor are unclear and, at times, contradict each other. No other city in California has followed this peculiar governmental approach. The Charter itself has grown and progressively become more unwieldy as a result of City initiated amendments in 1992, 1995 (twice), 1996, 2001,2004, and 2014. Well-known journalist James Fallows articulately described the consequences of the City's convoluted charter in an article written for The Atlantic magazine': San Bernardino has a uniquely dysfunctional city-governance system, sort of a metropolitan parallel to the current zero-sum gridlock of national politics. Some cities we've seen run on the "strong mayor"principle, others, "strong city manager." Because of San Bernardino's unique and flawed charter, it has in theory a "strong mayor"but in reality a "strong nobody"system of government and an electoral system so discouraging that the turnout rates are extremely low even by U.S. and California Standards. Based on its review of San Bernardino's current charter, the Committee affirms the accuracy of these statements. Some of the provisions are confusing and contradictory. For example, the charter indicates the Police and Fire Chiefs shall receive general supervision from the Mayor, but direct supervision from the City Manager, making reporting relationships unclear and potentially impeding accountability. Some provisions are so antiquated they have been superseded by changes in higher law. For example,the Charter contains requirements for the San Bernardino Unified School District, even though the City has no legal authority over the School District pursuant to State law. The Charter Committee's independent research also concluded many provisions of the current charter are either highly unusual or inconsistent with best practices for the operation of a modern city government. For example,most modern-era charters provide flexibility to organize City departments and services to maximize efficiency and effectiveness. San Bernardino's charter, however, makes it unclear who is authorized to restructure the organization,not to mention who is accountable for managing it. It is highly unusual for charters to include detailed personnel rules or mandate specific employee job titles and functions the way San Bernardino's does. Instead, these rules are more commonly found in adopted personnel rules and regulations or in agreements negotiated with labor associations. Modern-era charters are clear, concise, and provide maximum flexibility to elected and ' "Generation Now—What People Do,When There Seems to Be Nothing to Do," The Atlantic,April 28, 2015. Charter Committee Final Report,May 16, 2016 Page 6 appointed officials to operate the government efficiently and effectively. San Bernardino's existing charter lacks those modern-day characteristics. Finally, the clear intention of the City when it adopted the bankruptcy recovery plan was to "draft a new Charter and place that new City Charter on the November 2016 ballot for consideration by voters, or sooner if possible" (Recovery Plan p. 7). The amendments to the bankruptcy recovery plan filed in November 2015 and March 2016 have reiterated the City's intent to place a charter ballot measure before San Bernardino's voters. This report and the proposed Charter fulfills the Charter Committee's mission in helping the City meet that clear intention. The Charter Development Process The Charter Committee began its work by studying best practices for the contents of modern- day municipal charters. These best practices became the basis for a charter "skeleton," an outline of the key elements, ideas and principles to be addressed in the City's charter. Once the charter "skeleton" was defined, the Committee began discussing and developing specific language. The Charter Committee considered 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 discussed whether the charter should be substantially modified or completely re-written. In order for San Bernardino to have a charter that reflects best practices consistent with modern municipal governance, the Charter Committee recommends the adoption of a completely new charter instead of proposing numerous amendments to the existing charter. The proposed charter developed by the Committee is provided as Attachment A to this report. Resources Guiding the Committee's Work The Charter Committee used a variety of resources in developing recommendations for a new charter, including the following. A "Model Charter"prepared by the National Civic League(NCL). The National Civic League is a non-partisan,non-profit organization founded by Theodore Roosevelt, Frederick Law Olmsted,Louis Brandeis and other leading municipal reformers in 1894 to make local governments more open, accountable and effective. The model charter was used as the basis for some of the language in the proposed charter for San Bernardino. Research on best practices for modern-era charters. This research was conducted by the Committee's consultant, the Committee Chair, and individual Committee members. Charter Committee Final Report, May 16, 2016 Page 7 Charters from 17 California charter cities with populations between 150,000 and 400,000. The Committee and its consultant reviewed the charters for each of these cities to identify trends and best practices. Comparisons between San Bernardino's charter and the peer agencies helped illustrate elements where San Bernardino's approach to governance is consistent with best practices, and where it is not. The peer agencies and their populations are shown in Table 1 below. Table 1. Peer Agencies by Population Population'City 200,000 to 299,000 Population San Bernardino 212,584 Chula Vista 257,989 Irvine 250,384 Modesto 209,186 Stockton 306,999 300,000 to 399,000 Population Anaheim 351,433 Bakersfield 369,505 Riverside 317,307 Santa Ana 335,264 150,000 to 199,000 Population Glendale 199,182 Hayward 152,889 Lancaster 160,784 Oceanside 171,682 Palmdale 157,009 Pomona 152,419 Salinas 154,720 Santa Rosa 170,974 Torrance 148,427 California State Department of Finance,2015 2Stockton's population was 299,878 in 2014(California State Department of Finance) San Bernardino's "Charter Reform Principles and Objectives," "Operating Practices for Good Government,"and strategic plan. Each of these documents were adopted by the Mayor and Common Council and provided important guidance to the Committee. Public input gathered at public forums and Charter Committee meetings. The Committee sought and received public input throughout the charter development process. Additional information about public input,education and outreach is provided later in this report. Input from elected and appointed officials, department directors and board and commission representatives. This input was received through one-on-one interviews,meetings with board and commissions, and/or special presentations provided during regular Charter Committee meetings. Charter Committee Final Report, May 16, 2016 Page 8 In addition to the above resources, the Committee received technical support and guidance from the City Attorney, City Clerk and a professional consultant(Management Partners). Research Studies The Committee received a variety of research memorandums and studies from its consultant and the Committee Chair. Some contain the results of peer agency research, while others provide aggregated input from elected and appointed officials or other stakeholders. These studies helped inform the Committee's discussions and decisions, and are available from the City's website or by contacting the City Clerk's Office. • Typical Powers and Roles for Mayor, City Council and City Manager • Interrelationship between Mayor, Common Council and City Manager as Described by the Operating Practices for Good Government • Summary of Results from Interviews with Elected Officials • Alternatives and Implications for Mayoral Voting Authority • Process for Establishing or Modifying Voting Districts or Wards • Elected vs. Appointed City Officials—City Attorney, City Clerk, City Treasurer • Establishment of Departments and Appointment of Department Heads • Summary of Interviews with Department Directors—Police, Fire, and Library • Civil Service Boards and Systems • Water and Wastewater Utility Functions and Boards • Mayor and City Council Employment Status and Compensation • Preservation of Rights over Natural Resources • General Law City vs. Charter City Characteristics and Authorities in California • Public Forum Summary Results (November) • Public Forum February-March and Aggregated Results Public Education and Outreach Efforts Public input has been a consistent area of emphasis and interest for the Charter Committee, which invited and welcomed public comments at each of its meetings. In addition, the Committee offered a variety of public education and outreach opportunities to gather additional input from the community. These efforts are described in more detail below. Public Survey The Charter Committee sought public input through a survey made available online and in print from July to September 2015. A total of 440 complete responses to the survey were submitted. Although the survey gauged public opinion, it was not a randomized sampling of Charter Committee Final Report, May 16, 2016 Page 9 voters, and did not contain any background or educational information about charter issues and concerns. The summary results of the survey are as follow. • 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. Public Forums In November 2015 the Charter Committee held three public forums in three different wards. Additional public forums were held in February and March 2016 in the remaining four 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 related to governance. All of the forums followed a similar format. A cumulative total of approximately 170 participants attended the seven forums, not counting Charter Committee members, staff or School District personnel. Common themes aggregated from input received during the 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 was consensus that charter reform is necessary. Charter Committee Final Report,May 16,2016 Page 10 • Proposing a new charter was preferable to amending the existing charter. • There was strong support for changing the election cycle to even number years. The public forums held in February and March generated similar responses to those received in November, although there was more disagreement expressed at two of them. In fact, opinions expressed during those two particular public forums were almost evenly split. Even with this disagreement, the aggregated themes for all seven forums did not change. Committee Member Presentations Members of the Charter Committee have made presentations to a number of community groups and neighborhood associations. The purpose of these presentations has been to provide information about the Committee and its work and obtain input. Since July, members of the Charter Committee have provided approximately presentations, and they continue to respond to requests for information from the community. [Note to Committee: Please provide me with the total number of presentations you have made (or a reasonable estimate) since May 2015 so I can fill in the blank!] Committee Timeline The Charter Committee maintained a timeline to document its activities throughout the Charter development process. The complete timeline is presented as Attachment B. Key Elements of the Proposed Charter At approximately 15 pages, the proposed Charter drafted by the Charter Committee is substantially shorter than the existing City Charter. Table 2 summarizes the substantive elements of the proposed Charter and the Charter Committee's rationale for recommending them. [Note to Committee: This Table is the same as that provided for the April 25 Workshop with the Mayor and Council, and will be updated based on Committee's actions, if any, on April 26.] Charter Committee Final Report, May 16,2016 Page 11 Table 2: Key Elements of the Proposed Charter and their Rationale Proposed Charter Element Preliminary Recommendation Rationale Form of Government Council-manager Most common form of city City Council and Mayor powers limited to government in California and in peer legislative and policy making agencies City Manager functions as chief executive Helps the Mayor and Council function officer, responsible for daily operations of as one governing body,although the City respective powers are slightly different Consistent with NCL Model Charter Consistent with Operating Practices for Good Government(OPGG)and Charter Reform Principles City Council, Powers and City Council is composed of seven Council Consistent with current charter Duties members(i.e.,excluding Mayor) Consistent with Operating Practices Elected by ward for Good Government(OPGG)and Same four-year terms Charter Reform Principles Entitled to vote on all matters coming Public input indicated lack of before the City Council consensus for changing the number Shall perform duties and exercise powers of Council members or wards to serve best interests of entire City,rather than a particular geographic area or special interest May override Mayor veto with a vote of 5 Council members Mayor, Powers and Duties Mayor continues to be elected at large Somewhat consistent with current Continues to be presiding officer at charter meetings,and may fully participate in Consistent with NCL Model Charter discussions Consistent with OPGG May not vote except to break a tie,veto a Mayor voting rights,election at large matter or appoint or remove the City and full-time status supported by Manager,City Attorney,City Clerk,or majority of public forum participants. members of boards,commissions and However,giving the Mayor a vote committees;and generally establishing created complexities for dealing with their duties and responsibilities tie votes that generated public May veto any Council action approved by concerns less than five Council members Continues to be the City's key face and chief spokesperson Continues to be full time 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 Charter Committee Final Report,May 16, 2016 Page 12 Proposed City Council and Mayor Together,City Council and Mayor: Consistent with NCL Model Charter Collaboration Shall ensure fundamental municipal Consistent with best practices services are provided to protect and Consistent with practices of most promote public health,safety and welfare peer agencies Shall jointly appoint the city manager,city Allows both Mayor and Council to attorney,city clerk,and members to vote on appointments(or removals) boards,commissions and committees of key officials Shall establish clear expectations for city manager and conduct periodic performance evaluations to ensure accountability Shall develop and implement norms(or a Code of Conduct),including measures to hold each other accountable Shall not control or demand the appointment or removal of any City employee whom the City Manager is empowered to appoint Shall 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 May establish advisory or independent boards or commissions Compensation for Mayor Shall be set by Mayor and City Council Most peer agencies do not specify a and Council Members following a public hearing salary amount for elected official Shall be based on recommendations of an compensation in the charter, but advisory commission charged with the either follow general law provisions periodic review of compensation for City or establish the amounts by elected officials ordinance following a public hearing Mayor's compensation shall be Current Council compensation is commensurate with that for a full-time significantly lower than the peer position agencies studied Effective date of approved increases to be Setting the Mayor's salary based on deferred to commence with the terms of the salary of a superior court judge is council members elected in next regular an antiquated practice election Some peer agencies appoint advisory commissions to provide independent review of compensation and justification for increases Deferring compensation increases reduces perception that such increases are self-serving City Manager, Powers and Appointed(or removed)by majority vote Consistent with council-manager Duties of entire City Council and Mayor form of government Shall be sole authority for managing City Consistent with OPGG operations and appointing,directing and Consistent with best practices removing City staff, unless otherwise Consistent with practices of peer specified by the charter agencies Shall prepare and submit annual budget Consistent with NCL Model Charter and capital improvement plan Charter Committee Final Report, May 16, 2016 Page 13 Proposed Shall assist Mayor and Council in developing long-term goals and strategies for City Shall be accountable for implementing Council goals and policies and the overall performance of the City Shall ensure the Mayor and Council are informed on all aspects of important issues, including City's financial condition and future needs Shall attend Council meetings and brief the Mayor and Council on the business matters before them. Shall make business and policy recommendations based on independent professional judgement and best practices in the interests of the City City Attorney Duly qualified City Attorney shall be 16 of 17 peer agencies have an appointed by majority vote of entire City appointed city attorney. Council and Mayor, not elected Appointed City Attorney is consistent City Attorney shall function as chief legal with NCL Model Charter,although officer to provide legal advice to Mayor, Model Charter recommends the Council and City Manager appointment be made by city City Attorney shall not be involved in manager or by the city manager with formulation of policy confirmation 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 Clerk Duly qualified City Clerk shall be appointed 14 of 17 peer agencies have an by entire City Council and Mayor, not appointed City Clerk,appointed by elected Mayor and Council Consistent with NCL Model 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 City Treasurer City Treasurer is not referenced in charter 10 of 17 peer agency charters make City's municipal code will either reference no reference to City Treasurer; Treasurer as an appointed position or treasury functions are assigned to delegate treasury functions to professional professional staff in the Finance staff in the Finance Department Department Only 3 peer agencies have elected treasurers Charter Committee Final Report, May 16, 2016 Page 14 Proposed . .. . 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 City Departments,Generally All departments,agencies,offices and Consistent with best practices services in existence shall continue in same Mostly consistent with peer agency manner as before, unless changed by practices ordinance. Consistent with council-manager City Manager may establish departments form of government and prescribe the functions of Consistent with NCL Model Charter departments to meet the needs of the community in the most effective and efficient manner All departments except Library and Water shall be administered by an executive appointed and directed by the City Manager Parks and Recreation City shall provide for parks and recreation Committee believes it is important services for the Charter to reference these services Personnel System The City shall provide for a personnel Most peer agencies make reference system consistent with all applicable to a personnel system in the charter. Federal and State laws In some cases the reference merely Core elements of a civil service system are authorizes the City Council to described, however details to be adopted establish such a system by ordinance. Most modern-era charters do not Appointments and promotions shall be include specific personnel rules, made solely on the basis of merit and policies or procedures. Instead, fitness demonstrated by examination or these are found in the municipal evidence of competence. code, negotiated labor agreements Administration of employee matters and/or adopted personnel policies delegated to a Human Resources or and procedures. Personnel Department Boards,Commissions and Those established prior to adoption of the Consistent with council-manager Committees,Generally new Charter will continue to exist. form of government, best practices Appointment,removal,terms of office and Authorizing the City Council to other rules pertaining to boards, determine advisory or independent commissions and committees prescribed authority of boards and commissions by majority vote of entire Council and is consistent with NCL Model Charter Mayor Members of boards,commissions and committees must be residents unless exempted by ordinance or State law Library Board of Trustees Appointed by entire Council and Mayor Of 11 peer agencies operating a city No compensation library,only 8 have a Library Shall be responsible for providing Commission or Board of Trustees adequate library services However,the Charter Committee Shall appoint and supervise the Library recognizes the importance of Director libraries as a community asset and Charter Committee Final Report, May 16, 2016 Page 15 Proposed Charter Element Preliminary Recommendation Shall administer the allocated Library the Library Board as advocates for budget,and make and enforce all rules that asset and regulations applicable to library Reflects input from Library Board of services Trustees Board of Water Appointed by majority vote of entire Most peer agencies make no Commissioners Council and Mayor reference to a water department, Responsible for water,wastewater board or commission in the charter. treatment and collection (sewer),and However,the Charter Committee recycled water functions recognizes the importance of water, Water Board shall continue to have the wastewater and sewer as an independent authority to establish rates, essential City function. hire the General Manager and other The Water Department is highly employees necessary to operate the effective and efficient,and there is water,wastewater and sewer systems, concern that changing the authorities incur debt on behalf of these systems and independence of the Water Other provisions of current Charter are Board and Department may be retained in the proposed draft(with some harmful instead of helpful language modernized) Reflects input from the Water Board of Commissioners Personnel Commission Shall be appointed by the Mayor and Retains the independent hearing (formerly Civil Service entire Council to serve without authority of the Civil Service Commission) compensation Commission,while assigning all other Sole responsibility is to hear appeals of functions to a Personnel or Human disciplinary action by City employees, Resources Department subject to the provisions of adopted labor Reflects input from the Civil Service agreements Board Financial Management Retains current fiscal year(July—June) Consistent with best practices for Requires City Manager to submit proposed municipal financial management budget and message to Mayor and Council Consistent with NCL Model Charter at least 30 days prior to start of each fiscal Independent audit requirements year consistent with State law and best Specifies budget and capital improvement practices plan requirements and standards,as well as Council action required Requires Council to provide for an independent audit of all City accounts at least annually Elections Municipal elections shall be consolidated Consolidated elections are less with the cycle for state and federal expensive due to greater economies elections(i.e., November of even- of scale numbered years) Majority of California cities hold To facilitate this transition, proposes to elections in November of even- extend terms of Mayor and Council numbered years members in office at the time of adoption Public forum participants expressed for 1 year support for changing the timing of Mayor and Council members continue to elections as a strategy for increasing be the elective officers voter turnout Retains seven wards Consolidating municipal elections City elections shall follow provisions and with federal and state elections has procedures of the State Elections Code(as had a positive impact on voter applicable to general law cities),which turnout in other cities Charter Committee Final Report,May 16,2016 Page 16 Proposed calls for election by plurality vote, instead Most California cities follow State of a primary and runoff process Elections code procedures for Initiatives, referendums and recalls also municipal elections,initiatives, shall follow procedures of State Elections referendums and recalls code Most California cities elect officers by Requires periodic adjustment of ward plurality vote, not a primary/runoff boundaries consistent with applicable process,consistent with the State State and Federal laws Elections Code Charter Amendments Shall follow procedures specified in State Consistent with current practice for Elections Code as applicable to charter Charter amendments cities Periodic review of governance Council shall establish a process to ensure documents is a best practice the periodic review of the Charter to identify potential amendments to enhance clarity,efficiency and the principles of the Council-manager form of government Rights and Succession The City shall continue to own, possess Ensures succession of the City's rights and control all rights and property of every and controls assuming a new charter kind a nature,owned, possessed or is adopted controlled by it at the time the new charter is approved, and shall be subject to all its debts,obligations and liabilities All ordinances,codes, resolutions, rules and regulations in place remain in place as long as they are consistent with the proposed charter All present officers and employees shall continue to perform their duties under the same conditions until the election or appointment of their successors Significant Proposed Changes The proposed Charter includes elements that would be significant changes for San Bernardino. However,the Committee would not be recommending these changes if it did not believe they are necessary for the City to improve its governance, operations and efficiency. As shown in the above table, the most significant changes fall into several categories. Form of Government. As has been highlighted by the bankruptcy recovery plan, San Bernardino's current form of government is neither"strong Mayor" nor "council-manager,"but a confusing hybrid between the two that impedes accountability and effectiveness. Perhaps the most important element in the proposed Charter is the recommendation that San Bernardino adopt the council-manager form of government. Many of the proposed Charter elements provide the mechanism for implementing this form of government. Charter Committee Final Report, May 16,2016 Page 17 Interrelationships between the Mayor, Council and City Manager. The proposed Charter contains specific language regarding the powers and duties of the City's elected and appointed leaders. The intent is to provide clarity over who is responsible for what, consistent with best practices and the council-manager form of government. To implement this form, some of the Mayor's current powers would be transferred to the Council,while others would be transferred to the City Manager. The Council would continue to be the primary legislative body, and the Mayor would continue to have veto powers when Council action is approved by less than five Council members. However, the proposed Charter gives the Mayor voting authority, along with the entire Council, for the City's most important appointments (or removals), such as the City Manager and members of boards, commissions and committees. Giving the Mayor limited ability to vote on these critical matters provides an incentive for the Council and Mayor to function as one governing body, consistent with the principles of good governance. Elected vs.Appointed Officials. The proposed Charter converts the elected City Attorney and City Clerk into positions appointed by the Mayor and entire Council, and does not reference a City Treasurer. This allows the functions of the City Treasurer to be assigned to professional staff in the Finance Department, the more common practice. Although they would no longer be elected, the City Clerk's role and responsibilities would not change under the proposed charter. The City Attorney's role as legal advisor to the City's elected and appointed officials also would not change,however the proposed Charter clearly prohibits the City Attorney from involvement in policy formulation. Elections. The proposed Charter recommends transitioning the election cycle from November of odd-numbered years to November of even-numbered years, i.e., to coincide with State and Federal elections. This will not only reduce election costs to the City,but may also improve voter turnout. The proposed Charter, if adopted as presented,would facilitate this transition by extending the terms of the Mayor and Councilmembers in office at the time of adoption by one year. The next regular municipal election would then be in November 2018. The sequencing of elections for Council members and the Mayor would continue in the same pattern they currently follow. To remedy past problems the City has encountered with certain elections procedures, the proposed Charter recommends following the provisions of the State Elections Code. This will not significantly change many of the City's current procedures,but will improve clarity, particularly for procedures regarding citizen initiatives, referendums and recalls. However, one consequence of following the State Elections Code is that the Mayor and City Council would be elected by plurality(i.e., the highest vote getter), instead of through a primary and runoff process. Charter Committee Final Report, May 16, 2016 Page 18 Focus on Policy, Not Procedures. The proposed Charter omits procedural matters that are more appropriately found in the Municipal Code, adopted personnel rules and regulations, agreements negotiated with labor associations, or other operational documents. Assuming the proposed Charter is put before the voters in November, the City Attorney's Office will need to conduct a review of the existing charter to determine what, if any, provisions should be adopted by ordinance to effect this transition. What Will Not Change Although the above changes are significant, there are a number of elements found in the current Charter that are not proposed for change. Specifically,no change is proposed to the number of Council members, the wards they represent, or who elects them (i.e., Council members will continue to be elected by ward). The Mayor will continue to be a full-time position, elected at large, and serve as the presiding officer at meetings, and the City's key face and spokesperson. The Mayor's responsibility to represent the City in intergovernmental relations and provide regional leadership also will not change. The functions and essential municipal services currently provided by San Bernardino will remain the same, although the City's elected and appointed leaders will have more flexibility in how they are organized and provided. Reference to most of these functions, as well as specific departments will transition to the City's Municipal Code. In fact, some language in the current Charter is redundant with that found in the Municipal Code. The independence of the Water Board of Commissioners to operate the Water Department and establish rates remains intact in the proposed Charter. However the proposed Charter would expand the responsibilities of the Water Board and Water Department to include wastewater (sewer) collection. The Water Board and Water Department have a superior track record for providing quality service and effective maintenance of the City's water and wastewater treatment infrastructure,but does not have authority for wastewater collection, infrastructure or rates. The Charter Committee believes that they should. The proposed Charter also maintains the independence of the Library Board of Trustees over the City's Libraries and their operation. The Civil Service Board would continue to have independent authority over appeals related to employee discipline,but would be called the Personnel Commission, consistent with common practice. All other boards, commissions and committees would be unchanged under the proposed Charter. Recommended Governance Structure for San Bernardino The proposed Charter, if adopted, results in a governance structure that looks fundamentally different than the current one. The existing governance structure as documented in the City's Charter Committee Final Report, May 16,2016 Page 19 bankruptcy recovery plan is provided as Figure 1 below. The proposed governance structure is presented as Figure 2, and shows an organizational structure with greater clarity in roles, responsibilities and reporting relationships, with all Boards and Commissions appointed by and accountable to the City Council, and all but two departments (Library and Water) 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, while retaining practices that are important for San Bernardino to continue, such as the independent authority of the Water Board of Commissioners, and Library Board of Trustees.. 0 U N -- ---- --- --- N c ------------------ o �; ; w o N H � cH AGE, U tC ( � r ��i H e`�'" wca •� V LA iF cn 8,5 o O ru € >m= EOuSye'9 yUEgmo�' O U •i/^.�+1 Vr 5. d 6 c R OCI 6 W 9 d s SrE E t U m5 o -E c aN Mazi�e E z o +O' Qj s 2 E E x UUEu l 8 ; + Ot + O 42 > �� •� � 41 v s€"� - m �. $ tl .r . -.�€82�dd�, w ca YCIQ�` Qp N O y •� (f) $a -E 2 •� }'^' O � bAOmmao 9 � � •�i �i E i>-i }y L p U ir E u c n a � v '� cu W U w NODE 0 0 a O •v c m � C � p N U a a a z a w c o a a o m-E v , u n Qj G m •a .. ... ° s A u Qj n N p v o t tZ 5 0 o c a e c v c u �c o o o •pC v� O p0 � n a c x .49 a m s v ro Y c v i v a c -Q u Qj N W m a In v o o R a 0 v v a v E a EL O a � � �H •� ate. Q `ti v o t i v o L 0 iz rq a s z o c Ln u _ �+ m `o c O c.y c a C w a + E S o c o v 76 rl; O CL u ° C N [ G n 00 E2 u E a `° o cu `o m vQ a u c °n a o 13 C.11 r3 rz rz v QJ •c p h a° v w E Q' 'a 3 e � v a C3 Di c t o ° E a` v o, v c u � Charter Committee Final Report, May 16,2016 Page 22 Next Steps Now that the Charter Committee has completed its work and has recommended a new Charter for San Bernardino, it would be appropriate for the Mayor and Common Council to consider the Committee's recommendations and decide what to place before voters in November. The Council has the authority to transmit the proposed Charter as presented by the Committee, make modifications to the proposed Charter as it sees fit, determine whether one ballot measure for the entire proposed Charter should be proposed, or propose a series of ballot measures to give voters the ability to determine which elements of the proposed charter should be adopted, as opposed to adoption of the entire document. Once the Council has decided what should be submitted to voters, the City Attorney should be directed to conduct a final review of the proposed charter for consistency and technical legality, and prepare the appropriate resolution and ballot measure language. The Council will need to take action on the resolution calling for the ballot measure(s) and the proposed ballot measure language no later than its regular meeting of August 1,2016 to meet the deadline for the November 8,2016 election. The deadline for a governing body to submit a ballot measure for adoption of or amendment to a charter is 88 days prior to the date of the election. Once the Council takes action to propose a ballot measure(or measures), the City may not expend funds to advocate for or against passage. However,this does not preclude the City from providing educational information to the public about the measure. The Charter Committee has been deliberate in creating a body of work consisting of research studies, presentations, progress reports and other public documents that may be appropriate for future public education efforts regarding charter reform. Once the ballot measure(s) have been filed with the County Registrar of Voters it would be appropriate for the City Attorney and legal staff to identify the need for and begin preparing any ordinances necessary to implement provisions of the proposed charter. This may include transitioning some of the procedural language currently found in the Charter to either the Municipal Code or other City policy documents. Assuming the voters approve the ballot measures in November, the adopted charter will need to be filed with the California Secretary of State. Based on past experience in San Bernardino and other cities, it is most likely this would not occur until January 2017. The new Charter would go into effect upon the certification of the Secretary of State. The proposed Charter as drafted is explicit in stating that all ordinances, codes, resolutions, rules, regulations, departments, officers,boards, commissions and committees remain in effect at the time of adoption will remain in place and continue in force until such time as they have been duly Charter Committee Final Report, May 16, 2016 Page 23 repealed, amended, changed, or superseded by proper authority as provided by the proposed Charter. Conclusion This report contains the collective and collaborative work of the Charter Committee and represents their best work in drafting a governance document that will facilitate the City's emergence from bankruptcy and a path to a more effective,efficient government serving the needs of the San Bernardino community. However, the Committee did not operate in a vacuum. Instead, it has relied upon various individuals and groups who provided their time, expertise and insights. The Committee appreciates the dedication and commitment of all of these individuals in helping to design a proposed charter and governance structure that will make San Bernardino a stronger,vibrant, effective, and efficient city for many years to come. Charter Committee Final Report,May 16, 2016 Page 24 Attachment A: The Proposed Charter [Note to Committee: Final draft to be inserted, including Charter Table of Contents following your 4/26 meeting] Charter Committee Final Report, May 16, 2016 Page 25 Attachment B: Charter Committee Working Timeline Meeting Date Task or Activity Comments/Status 5/12/15 Developed Input Questionnaire Complete (Survey) 5/26 Receive Input from Survey Agreed to continue to receive input on survey Request Council approval for Complete; professional assistance provided effective professional input 7/7/15 Discuss plan to develop Draft was available, but was not discussed Timeline Discuss plan to deal with Draft was available, but was not discussed Charter topics 6/9 Discuss approach to Charter Agreed upon approach, including focusing on Charter Review skeleton before specific topic details Received and reviewed Discussed information on professional and public input Approve plan for disseminating Complete survey Review working timeline Complete. Timeline will be updated regularly as changes occur Consider form of Government Preliminary Recommendation: Council—Manager Form of for Charter skeleton Government in Charter Skeleton Discuss skeleton City Council Preliminary Recommendation: Maintain a Ward System structure and powers Council representation for Charter skeleton 6/23 Meeting Cancelled 7/7 Discuss professional advisors Complete and scope of work Introduce new participants to Welcomed Committee Member Vicki Lee Charter Committee Complete discussion of skeleton Preliminary Recommendation:City Council powers should City Council structure and be limited to legislative and policy making, not powers ' administrative and operational Discuss skeleton Mayor Preliminary Recommendation: Mayor should be elected provisions at-large. Powers,voting privileges and impacts on ward system deferred to next meeting 7/14 Continue discussion of skeleton Preliminary Recommendation: Retain the current number Mayor provisions of wards (7) Preliminary Recommendation: Mayor should have no administrative,appointment or removal powers except as otherwise provided in the Charter Deferred consideration of Mayor's voting rights until input Charter Committee Final Report, May 16,2016 Page 26 is received from the Mayor and Council members Agreed to provide meeting summaries to Mayor and Council following each Committee meeting. Agreed to periodically provide progress reports to the Mayor and Council at their regularly scheduled meetings Begin discussion of skeleton Preliminary Recommendation: Majority vote of all City Manager provisions members of the Common Council and Mayor required for appointment of City Manager 7/28 Continue discussion of City Discussed. Recommendations deferred until August 11 Manager Charter Skeleton meeting(to consider results from elected official Discussions interviews) Begin discussion of skeleton Discussion regarding City Attorney begun; provisions for City Clerk,City recommendations deferred until August 11 Attorney, City Treasurer 8/11 Review common themes from Reviewed Elected Official Interviews Review applicability of Discussion continued, but not completed. Operating Guidelines for Good Preliminary recommendation:The Mayor shall have the Governance to Charter Skeleton same voting privileges as Common Council members Complete discussion on Mayor, Preliminary recommendation: Incorporate the roles of Council, City Manager Mayor as reflected in the Operating Practices for Good interrelationship, roles and Government (OPGG) into the Charter skeleton authorities Complete Charter skeleton Presentations by City Treasurer Kennedy and Mayor Davis discussion regarding City Attorney, City Clerk, City Treasurer 8/25 Complete discussion on Mayor, Preliminary recommendations: Council, City Manager • Reduce number of wards from 7 to 6 interrelationship, roles and . Incorporate recommended roles for City Manager, authorities Common Council and Mayor and Common Council (combined)from OPGG into the Charter skeleton Complete Charter skeleton Not discussed discussion regarding City Attorney, City Clerk,City Treasurer Charter Skeleton Discussion on Not discussed Establishment of City Departments, Commissions and Committees;City Officers and Fiscal Management Discuss plans for progress Confirmed scheduling for September 21 MCC meeting report to Mayor and Council on skeleton 9/8 Meeting Rescheduled to September 15 9/15 1 Charter skeleton discussion Preliminary recommendations: Charter Committee Final Report, May 16, 2016 Page 27 regarding City Attorney,City • Duly qualified City Attorney to be appointed by Mayor Clerk, City Treasurer and Common Council • Incorporate OPGG language re:City Attorney into the Charter Skeleton • Duly qualified City Clerk to be appointed by Mayor and Common Council • Charter will contain no references to City Treasurer Discuss Charter skeleton Preliminary recommendation: Charter will not specifically provisions related to City mention departments except as otherwise provided or departments and their delineated establishment 9/15 Review and Discuss survey Discussed results Finalize plans for progress Discussed report to Mayor and Council on skeleton 9/21 Present Progress Report at Presented Mayor Common Council Meeting 9/22 Discuss input from Mayor and Discussed, no change in skeleton based on input from Council from 9/21 Progress Mayor and Council at this time Report presentation, modify Discussion of whether to reconsider alternatives for skeleton as desired ensuring odd number of voting members—Deferred to next meeting agenda Discuss specific departments Preliminary recommendations: referenced in the charter to • No reference to School Districts in Charter determine whether language . Include reference to Library Board of Trustees,with should be included in charter specific powers and authority to be determined by the City Council Discuss other department or Discussion of whether services to be provided should be agency language to include in included in the Charter— Deferred to next meeting charter agenda Identify other topics to be Not discussed covered by the Charter skeleton, i.e.,elections,fiscal matters,code of ethics, etc. 10/13 Discuss reconsideration of Discussed, but deferred to obtain input through public alternatives to ensure odd forums number of voting members Discuss whether to add Discussed. Alternative options to be discussed at 10/27 language on services to be meeting provided without specifying departments Discuss potential Police and Fire Preliminary recommendation: No reference to Police or Department skeleton Fire Department in Charter provisions, if any Charter Committee Final Report, May 16,2016 Page 28 Discuss potential civil Not discussed service/personnel system skeleton provisions, if any Review plans and content for Discussed upcoming public forums 10/27 Discuss potential civil service/ Preliminary recommendation: No specific reference to personnel system skeleton Civil Service Board or Department in the Charter. Instead, provisions include language that the City shall establish a personnel system. Discuss potential Water Not discussed—deferred to November 10 meeting Department skeleton provisions, if any. Finalize plans for public forums Discussed Review potential language Preliminary recommendations: (possibly in a Preamble) • Add "The City shall ensure fundamental services are regarding fundamental services provided to protect and promote the public health, to be provided safety and welfare,"to the Charter Preamble. • Add "The Common Council may establish departments and assign departmental functions in order to meet the needs of the community in the most effective and efficient manner.The Common Council may also establish advisory or independent boards or commissions to provide guidance regarding the provision of City services.Any services, boards or commissions in existence at the time of the adoption of the Charter shall continue unless and until changed by the Council'to the skeleton section for Common Council 11/4 Public Forum, Golden Valley Held Middle School, 6:30 p.m. 11/5 Public Forum:Arroyo Valley Held High School, 6:30 p.m. 11/9 Public Forum, Indian Springs Held High School, 6:30 p.m. 11/10 Discuss potential Water Discussed. Action postponed to next meeting Department skeleton provisions Review input received at public Discussed forums Reconsider Mayoral voting and Discussed. Action postponed to next meeting options for ensuring odd number of voting members Review and discuss how charter Not discussed issues would be treated under general law 11/24 No Meeting Meeting rescheduled to December 1, 2015 12/1 Discuss potential Water Preliminary recommendations: Charter Committee Final Report, May 16, 2016 Page 29 Department skeleton provisions • The Charter shall make reference to a department responsible for water,wastewater and sewer functions with an oversight Board of Commissioners; with their specific powers and authority to be determined by the Council;and with the Commissioners to be appointed by the Council (including the Mayor). The Board shall recommend rates for water,wastewater and sewer services to the Council. The City Manager shall have responsibility and supervision of the department. • Include a section on Rights,Succession and Liabilities to read:The City of San Bernardino shall continue to own, possess, and control all rights and property of every kind and nature,owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all its debts,obligations and liabilities. Reconsider Mayoral voting and Discussed. options for ensuring odd Revised Recommendation: number of voting members Retain current charter skeleton provisions for Mayoral voting rights and a six-ward Council system. Compare and consider general Not discussed. law vs. charter options for San Bernardino Review and discuss other Discussed. Will discuss compensation and employment elements to be considered in status of Mayor and Council (full-time vs. part-time)at the skeleton next meeting. No other elements to be considered in the skeleton. 12/8 Review compensation and Preliminary Recommendations: employment status for Mayor • Mayor shall serve essentially full time and Council members . Compensation for Mayor and Common Council will be set periodically by the Mayor and Common Council following a public hearing,and based on the recommendations of an advisory Compensation Commission charged with the periodic review of elected official compensation. • Mayor shall be compensated higher than Council members. Compare and consider general Preliminary Recommendations: law vs. charter options for San • The Committee will propose a new charter(i.e., not Bernardino recommend the City become general law) • Follow general law with regards to prevailing wages (i.e., no charter exemption) Begin discussing specific charter Directed consultant to work with City Attorney in language preparing a draft document for the Committee to review. 12/22 No meeting Meeting rescheduled to December 29, 2015 12/29 Consider election skeleton Preliminary Recommendation:Consolidate municipal provisions elections with the cycle for state and federal elections(i.e., Charter Committee Final Report, May 16,2016 Page 30 November of even-numbered years) Discuss specific charter Discussed Preamble only language Discuss potential public forum School District has requested 4 weeks' notice dates 1/12 Continue work on specific Discussed Articles I, II, and portions of Article III. language Discuss progress report to Progress report scheduled for Feb 1. Staff report due to Mayor and Council and City Clerk on 1/26/16. upcoming public forums 1/26 Continue work on specific Discussed language 2/1 Present progress report at Continued to 2/29/16 special meeting Mayor/Common Council meeting 2/10 Public Forum, 6:30 p.m. Middle College High School Multi-use Room (Ward 3)– Rescheduled due to low attendance at request of Councilmember Valdivia 2/16 Present progress report at Continued to February 29 special meeting Mayor/Common Council meeting 2/22 Public Forum, 6:30 p.m. Chavez Middle School Multi-use Room(Ward 5)–Held 2/23 Continue working on specific Meeting not held due to lack of quorum language 2/24 Public Forum, 6:30 p.m. San Bernardino High School, Choir Room (Ward 2)–Held 2/25 Public Forum, 6.30 p.m. San Gorgonio High School Multi-use Room (Ward 7)—Held 2/29 Present progress report at Presented Mayor/Common Council meeting 3/3 Public Forum, 6:30 p.m. Urbita Elementary School (rescheduled for Ward 3 )--Held 3/8 Continue working on specific Discussed language Discuss future advocacy and Discussed education role and responsibilities of the Charter Committee once report has been presented Review public forum results Discussed Discuss Mayor and Common Discussed Council input from Progress Report 3/8 Continue working on specific Discussed language Discuss future advocacy and Discussed education role and responsibilities of the Charter Charter Committee Final Report, May 16,2016 Page 31 Committee once report has been presented Review public forum results Discussed Discuss Mayor and Common Discussed Council input from Progress Report 3/22 Continue working on specific Discussed. Completed first draft of preliminary charter language Discuss workshop with Mayor Discussed and Common Council Discuss Committee's final Not discussed report and presentation to Mayor and Common Council 4/19 Review revised organizational Discussed structure under draft proposed new charter Discuss workshop with Mayor Discussed and Common Council Discuss Committee's Final Discussed Report and Presentation to Mayor and Common Council Discuss Draft Proposed Charter Discussed 4/25 Workshop with Mayor and 5:30 p.m., EDA Board Room Common Council to discuss Workshop held 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 5/10 Finalize presentation of report to Mayor and Common Council 5/16 Present Charter Committee Note: Committee's report due to City Clerk by 4/29 to Report to Mayor and Common meet deadline for May 16 MCC meeting; Council 5/24 Possible Committee meeting (if necessary) 6/6 Alternative date to present Note: Committee's report due to City Clerk by May 20 to Charter Committee Report to meet deadline for June 6 MCC meeting Mayor and Common Council Charter Committee Final Report,May 16,2016 Page 32 Discuss Committee's final Not discussed. report and presentation to Mayor and Common Council