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HomeMy WebLinkAbout05-03-2016 Charter Committee Agenda & Backup City of San Bernardino Volunteer Citizen-Based Charter Committee Agenda Time: 5:30 p.m. Date: Tuesday, May 3, 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 25 and 26, 2016 meeting (to be emailed separately) 2. Special Presentations 3. Continue discussion of comments received during April 25 Workshop with Mayor and Common Council and other Charter change issues from Committee members (previously provided) 4. Review and make final adjustments to proposed organization chart 5. Review draft of Committee's Final Report (previously provided) and discuss presentation to the Mayor and Common Council 6. Review Timeline (attached) 7. Discuss plans for future activities of Committee, including education of voters about proposed new charter and future Committee meeting dates ADJOURN Unless changed at the May 3rd 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. v 0 ❑ v U --------------------------- -- A d rl --- -------' O yvy •� w o �y v; y_� N W F- �� O •� ,off /l MMOJ Ee7�m v K €UEBm=� O .�. 8` °mamaEB nc vmoE rc 7 O m V a>c d E E LE L E _a°Q m 1F 0 W m U Q U 1++ ° a a m C3 -Ta v U � v U � c c, 0 o c Z- c V v c 0E v a V n a a � E 0 C3 C3 u a u w v o o a `a a o If w n o 16.4 o v w — V.r c E C C��i N = u 3 > a N n a o o 0 �i v ` o o Q-) m O o r E c 0. o a u ro U. .�. J > ,p ,� v � v v v u Ln V '' vai O o d se E c OJ i c� v sr r a Q Qj Qj c Qj E C LL a E v v E u° c a - a o O o U ^ U n c a c 52 E E E S a c o n aU - - - - - - - - a n .c .n a N o c U ° a vc co S v a O1 a G c a � a~ J 3 a s v o a w v 3 s E c N o p L U U cu pNp.O m 3 C O N a Charter Committee Working Timeline— May 3, 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 4/19 Review revised organizational structure under draft Discussed proposed new charter Discuss workshop with Mayor and Common Council Discussed Discuss Committee's Final Report and Presentation Discussed 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 Discussed on workshop with Mayor and Council Discuss additional discussion items presented at Discussed April 19 Committee meeting Review draft Committee final report to Mayor and Not discussed Common Council Discuss presentation of Committee report Not discussed 5/3 Discuss revisions to the proposed charter and organization chart based on workshop with Mayor and Council Review draft Committee final report to Mayor and Common Council Discuss presentation of Committee report Discuss plans for future Committee activities and meeting dates 5/10 Review and discuss Committee report presentation (if necessary) 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. REPORT FROM SUB-COMMITTEE RE CHARTER LANGUAGE Set forth below are the Committees decisions on the sections indicated. Phil suggests that those highlighted should be approved by the Committee as a single, sort of Consent item, issue, with any Committee member being able to ask that any specific one be removed from the single vote and be considered separately. Phil further suggests that the issues NOT highlighted be taken up by the whole Committee. §300. Use the following language: "All powers of the City shall be vested in the City Council ("Council") and, to the extent provided in this Charter,the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws." §302 (3rd paragraph). Delete the words "and plan of implementation". §302 (4th paragraph). Michael suggested a change which the Sub-committee thought should have the full Committee consideration, and for Michael to bring up Tuesday evening. §302 (new last paragraph). Use the following language (deletions and additions flagged): ""The Council shall select appoint a Mayor Pro Tempore from one of their own members. In the event of a temporary absence from the City, sickness, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. The Mayor Pro Tempore shall exercise his/her not use loose his or hef vote as a Council member and shall not have the abil +.,to cast an additional vote in the event of a tie or to exercise veto powers over Council actions." §303(c). Revise to read as follows: "Have the authority to vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and(2) to appoint or remove members of boards, commissions or committees;" §306(a). [No change needed. Concern about "City" covered by language in §100.] §306(d). Revise the language in the first sentence to following "City Manager"to read as follows: ". . . in the exercise or performance of his or her powers or the „°rf fm°^^° of duties." §309. Revise section to start out as follows: "The Council shall establish by ordinance the officers of the Council, the time, the place and method of calling meetings, . . ." §§400, 504, 505, 601, 603, and 604. In response to input received from the City Attorney's office,the Sub-committee noted that §304b addresses the issue.The Sub-committee recommends that the references to "majority vote of the entire Council and Mayor" (or similar language) in §§400, 504, 505, 601, 603, and 604 all be worded the same - that is use the words "the entire Council and the Mayor". As to §304b addressing this issue for all such references in the proposed new Charter, the Committee as a whole may want to re-review it in view of attorney Domm Dimichele's suggested language and/or adding the words "by them" after the word "votes". Also, there are various other places in the proposed new Charter where actions by the Mayor with the Council are set forth. The Sub-committee didn't deal with all of them. Phil suggests that the following be re-reviewed by the Committee as a whole concerning this issue. See the following instances: (1) language in §400 saying "The Mayor and 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. [Especially the bolded italicized words.] Possibly modify the words"The Mayor and Council"to"The Council, in collaboration with the Mayor". (2)the words in §401(b) saying"Mayor and Council may request" Should "and"be"or"? (3) the words in §702 saying"Mayor and Council may request" Should "and"be "or"? §§504 & 505. Revise the concluding line of§505 to be the same as that of§504: "and shall perform any other duties prescribed by State law,this Charter or by ordinance." §507. Add to the end of this section the following words: "to ensure the residents' health, safety, and welfare." Phil is concerned that the word "ensure"maybe too strong and possible should be just"for". §508. Question why section says"Human Resources or Personnel Department"and deferred to Cathy for clarification. §603. Discussed subsection e. I think the Sub-committee recommends to the Committee that the words "the independent"be changed to "all". The full Committee should discuss. The balance of the input from the Sub-committee is primarily to pass on Casey's input since he will not be at our meeting. §603. Consideration of reducing terms of Water Board members. Casey believes it would provide a better structure if the terms were shortened to 4 years. Phil asks whether this provision should state the size of the Water Board? San Bernardino's current Charter says there shall be 5 Commissioners. Our Committee's original language (with input from the Water Board) said 5 Commissioners. This number"5" may have been dropped by inadvertence. §702. Concern with the words "or the Council and Mayor may request for effective management and understanding of the relationship between the budget and the City's strategic goals." The Sub-committee agreed that the word "require" be changed to "request". A suggestion was made that this entire concluding clause be deleted. Casey likes these words and does not want them deleted. Phil is concerned with the words "Council and Mayor may require" as being ambiguous as to how such action would be taken and prefers the words "Council or Mayor may request". §704 (last sentence of 1St paragraph). Suggestion was made that the sentence end: ". . . shall designate such accountant or firm for a period not to exceed five years." Casey thought this would be fine. §800. Casey agreed that the time of elections should be left to whatever the law requires and/or Cathy suggests. §801. Concerns term of Mayor in office. Casey stated that he believes the importance of the stature of the Mayor makes it important to retain the 4 year term for the Mayor. The individual political desires of Council members shouldn't outweigh this. He suggests for consideration a 6 year term for the Mayor.