HomeMy WebLinkAbout2021-06-01 Charter Review Committee - Full Agenda-2842CITY OF SAN BERNARDINO
AGENDA
FOR THE
CHARTER REVIEW COMMITTEE
JUNE 1, 2021
5:30PM
VIA ZOOM W EB-CONFERENCE• SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Vacant
Vicki R. Lee
COMMISSIONER, W ARD 1 COMMISSIONER, W ARD 6
Susan Green-Dantzler Phil Savage
COMMISSIONER, W ARD 2 COMMISSIONER, W ARD 7
Angela Torres Paul W. Sanborn
COMMISSIONER, W ARD 3
COMMISSIONER, MAYOR’S
APPOINTEE
Rabbi Hillel Cohn Jessie G. Morfin
COMMISSIONER, W ARD 4
COMMISSIONER, MAYOR’S
APPOINTEE
Vacant Rebekah Kramer
COMMISSIONER, W ARD 5 STAFF LIAISON
IMPORTANT COVID-19 NOTICE
In an effort to protect public health and prevent the spread of COVID-19 and to enable
appropriate social distancing, the Charter Review Committee meeting is not open for public
attendance at this time. All meetings will be held via tele-conference.
To the view the live meeting:
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3128
To provide public comments:
Email your written comment to CRCPublicComments@sbcity.org by 4:00 p.m. the day
of the scheduled meeting; or
Call 909-384-5007 (Option #3 for the Charter Review Committee) to leave a recorded comment not to
exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting
The subject line of your email should include the meeting date, Charter Review
Committee, and whether it is for public comment or for a specific agenda item.
Written comments will be provided to the Committee Members prior to the meeting and will be
posted online for public review, but will not be read aloud. Voicemail comments will be played
aloud during the appropriate public comment portion of the meeting.
Regular Meeting Agenda June 1, 2021
Charter Review Committee of the City of San Bernardino Page 2
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
1. Review and Approval of Minutes from February 18, 2020 meeting
Recommendation: Approve the minutes of the Charter Review
Committee Meeting of February 18, 2020
DISCUSSION
2. Nominate and Elect the Charter Review Committee’s Chairperson for 2021
Recommendation: Nominate and elect the Committee’s Chairperson for
2021 in accordance with Article I, Section 2 of the City
of San Bernardino Board, Commission and Citizen
Advisory Committee Bylaws (Resolution No. 2018-
275; adopted October 3, 2018).
3. Nominate and Elect the Charter Review Committee’s Vice Chairperson for
2021
Recommendation: Nominate and elect the Committee’s Vice
Chairperson for 2021 in accordance with Article I,
Section 2 of the City of San Bernardino Board,
Commission and Citizen Advisory Committee Bylaws
(Resolution No. 2018- 275; adopted October 3, 2018).
4. Charter Amendment Process
Recommendation: Review, consider and discuss the process for
preparing a City Charter amendment for review and
consideration by the Mayor and City Council.
5. Meeting Schedule
Recommendation: Discuss regular meeting schedule.
6. ADJOURNMENT
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org
Charter Review Committee of the City of San Bernardino Page 1 February 18, 2020
DRAFT MINUTES
FOR THE
CHARTER REVIEW COMMITTEE
OF THE CITY OF SAN BERNARDINO
FEBRUARY 18, 2020
COUNCIL CHAMBER
CALL TO ORDER
The Regular Meeting of the Charter Review Committee of the City of San Bernardino
was called to order by Phil Savage at 5:30 p.m., Tuesday, February 18, 2020, in the
Multi-Use Room, located on the 2nd Floor of 201 North "E" Street, San Bernardino, CA
92401.
PLEDGE OF ALLEGIANCE
ROLL CALL
Attendee Name Title Status Arrived
George Carole Commissioner, Ward 1 Present 5:30 p.m.
Susan Green-Dantzler Commissioner, Ward 2 Present 5:30 p.m.
Angela Torres Commissioner, Ward 3 Present 5:30 p.m.
Rabbi Hillel Cohn Commissioner, Ward 4 Present 5:30 p.m.
Michael Lara Commissioner, Ward 5 Present 5:30 p.m.
Vicki R. Lee Commissioner, Ward 6 Absent 5:30 p.m.
Phil Savage Commissioner, Ward 7 Present 5:30 p.m.
Paul W. Sanborn Commissioner, Mayor’s Appointee Present 5:30 p.m.
Jessie G. Morfin Commissioner, Mayor’s Appointee Present 5:30 p.m.
Rebekah Kramer Staff Liaison Present 5:30 p.m.
Chairperson Michael Lara
Vice Chairperson Angela Torres
Commissioners
George Carole
Susan Green-Dantzler
Rabbi Hillel Cohn
Vicki R. Lee
Phil Savage
Paul Sanborn
Jessie G. Morfin
Agenda Item #1
Regular Meeting Draft Minutes February 18, 2020
Charter Review Committee of the City of San Bernardino Page 2 February 18, 2020
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
None
STAFF REPORTS
1. Oral Report – City Charter
Action: Chairperson Phil Savage, City Attorney Gary Saenz, City Manager
Teri Ledoux and Assistant City Manager Rebekah Kramer provided
an oral report regarding the history/function of the City Charter and
the role of the Charter Review Committee.
2. Nominate and elect the Charter Review Committee’s Chairperson for 2020
Motion: Nominate and elect Phil Savage as the Chairperson in 2020 for the
Charter Review Committee in accordance with Article I, Section 2 of
the City of San Bernardino Board, Commission and Citizen Advisory
Commission Bylaws.
RESULT: FAILED
AYES: Green-Dantzler, Cohn, Savage
NOES: Carole, Torres, Lara, Sanborn, Morfin
ABSENT: Lee
Motion: Nominate and elect Michael Lara as the Chairperson in 2020 for the
Charter Review Committee in accordance with Article I, Section 2 of
the City of San Bernardino Board, Commission and Citizen Advisory
Commission Bylaws.
RESULT: ADOPTED
AYES: Carole, Torres, Lara, Sanborn, Morfin
NOES: Green-Dantzler, Cohn, Savage
ABSENT: Lee
Regular Meeting Draft Minutes February 18, 2020
Charter Review Committee of the City of San Bernardino Page 3 February 18, 2020
3. Nominate and elect the Charter Review Committee’s Vice Chairperson for
2020
Motion: Nominate and elect Angela Torres as the Vice Chairperson in 2020 for
the Charter Review Committee in accordance with Article I, Section 2
of the City of San Bernardino Board, Commission and Citizen Advisory
Commission Bylaws.
RESULT: ADOPTED
AYES: Carole, Green-Dantzler, Torres, Lara, Savage, Morfin, Sanborn
NOES: Cohn
ABSENT: Lee
4. Meeting Schedule
Motion: Schedule the next meeting of the committee on Tuesday, March 31,
2020, at 5:30 p.m. There after regular meetings of the committee will
be held on a quarterly basis on the first Tuesday of the month at 5:30
p.m.
RESULT: ADOPTED
AYES: Carole, Green-Dantzler, Torres, Cohn, Lara, Savage, Morfin,
Sanborn
ABSENT: Lee
5. Operating Procedures
Action: After discussion it was determined that the Committee would give
further consideration to the process by which they will review and
consider changes to the City Charter at the next regular meeting. Phil
Savage requested that the Committee consider adopting the San
Bernardino Charter Reform Principals and Objectives adopted by the
Volunteer Citizen Charter Review Committee in 2014. A copy of the
identified principals and objectives along with a copy of the Charter
Report presented to the Mayor and City Council on May 16, 2016 , will
be provided to the Committee for review in advance of the next
committee meeting.
Regular Meeting Draft Minutes February 18, 2020
Charter Review Committee of the City of San Bernardino Page 4 February 18, 2020
5. Adjournment
The meeting adjourned at 6:50 p.m. The next meeting of the Charter Review
Committee will be held on Tuesday, March 31, 2020, at 5:30 p.m. in the Board
Room located at 201 North “E” Street, San Bernardino, California 92401.
By: __________________________
Rebekah Kramer, Assistant City
Manager/Secretary
Staff Report
City of San Bernardino
Charter Review Committee
Date: June 1, 2021
To: Charter Review Committee Members
From: Rebekah Kramer, Assistant City Manager
Subject: City Charter Amendment Process
Recommendation
It is recommended that the members of the Charter Review Committee review,
consider, and discuss the process for preparing a City Charter amendment for review
and consideration by the Mayor and City Council.
Background
San Bernardino is a "charter" city as contrasted to a "general law" city. Under California
law, a general law city’s powers are limited to those granted to it by State statute and
from the general police power granted to it by the State Con stitution. On the other hand,
a charter city's power comes from the State Constitution, which grants it “home rule”
authority over municipal affairs, subject only to the limitations of the city’s charter, the
State Constitution, and preemptive State law that addresses a matter of “statewide
concern”. As a result, charter cities have more legal and operational latitude than do
general law cities. The City Charter serves as the City's "constitution" and may only be
amended by a majority vote of the people. The City of San Bernardino’s current City
Charter was adopted by voters on November 8, 2016, and filed with the California
Secretary of State on January 31, 2017.
On April 7, 2021, the City Council requested that staff prepare an overview of the
process required to amend the City Charter including the possibility of changing from
having a full-time to a part-time Mayor.
On May 19, 2021, after receiving report on the process required to make an amendment
to the City Charter, staff was asked to prepare a Charter amendment eliminating the
position of a full-time Mayor for consideration and placement on the June 7, 2022 ballot.
Discussion
Article X, Section 1000, of the City Charter provides that amendments to the City’s
Charter shall be made in accordance with the procedures set by the State Elections
Code as applicable to charter cities. Section 1001 further requires the City to establish
a process to ensure the periodic review of the Charter to identify potential amendments
that enhance clarity, efficiency, and the principle of the council -manager form of
government. The establishment of the Charter Review Committee is the mechanism
set by the Mayor and City Council to adhere to this provision of the charter.
Under State law, there are a number of ways in which a charter amendment can be
brought forward. These include:
1. The Charter Review Committee recommends an amendment(s) for
consideration by the City Council;
2. The City Council can have a draft amendment prepared (with or without the
input and recommendation of the Charter Review Committee); or
3. A citizen-led initiative petition signed by 15% of the City’s registered voters
and which is otherwise in compliance with the Elections Code can be filed to
place a charter amendment on the ballot. The proponents would have 180
days from the receipt of the title and summary to circulate the petition for
signatures and the City would have a maximum of 60 working days to certify
the signatures. If the petition is found sufficient (in proper form and has
enough signatures) the Council would be required by law to place the charter
amendment on the ballot for voter consideration.
Under State law, charter amendments may only be proposed to voters at a Statewide
Primary Election, a Statewide General Election or at the City’s general municipal
election, if different from the previous two dates. The next Statewide Primary Election
will be June 7, 2022 and the next Statewide General Election will be November 8, 2022.
The City’s general municipal election is held on the same date as the Statewide General
Election, so only these two dates are available every two-year election cycle to propose
charter amendments to the voters. Further, charter amendments that will affect City
employee or retiree rights (e.g., salary, benefits, discipline or pension modifications)
may only be placed on the next Statewide General Election ballot in November - no
other election date alternative is provided in State law.
A Council/Committee proposed charter amendment must be called for the b allot at least
95 days before the scheduled election while a citizen-led initiative amendment must be
called at least 88 days before the scheduled election. This results in the following
deadlines to place a charter amendment on the ballot for consideration by voters in
2022:
Council/Committee Proposed (95-day):
a. March 4, 2022 for June 7, 2022 election
b. August 5, 2022 for November 8, 2022 election
Citizen Initiative (88-day):
c. March 11, 2022 for June 7, 2022 election
d. August 12, 2022 for November 8, 2022 election
Depending upon the type of charter amendment, further analysis and/or negotiation
may be required. For example, if a Council/Committee proposed charter amendment
will have an impact on land use or development (as opposed to a citizen led initiative)
the City must conduct a California Environmental Quality Act (CEQA) analysis before
placing the amendment on the ballot. Similarly, if the charter amendment will affect City
employee or retiree rights (e.g., salary, benefits, discipline or pension modifications) the
City must meet and confer in good faith with the City’s employees and retirees under
the Meyers-Milias-Brown Act before the amendment is placed on the next Statewide
General Election ballot.
2020-2025 Key Strategic Targets and Goals
The review and consideration of the process required to prepare a City Charter
amendment aligns with Key Target No. 2. Focused, Aligned Leadership.
Fiscal Impact
There is no financial impact associated with the consideration of the process to amend
the City Charter beyond staff time. Amending the City Charter will require that the City
provide professional support including special legal counsel to assist with preparing the
proposed amendment(s).
Conclusion
It is recommended that the members of the Charter Review Committee review,
consider, and discuss the process for preparing a City Charter amendment for review
and consideration by the Mayor and City Council.
Attachments
Attachment 1 City Charter
Attachment 2 Resolution No. 207-243 Establishment of the Charter
Review Committee
Ward: All
Synopsis of Previous Council Actions:
December 20, 2021 The Mayor and City Council adopted Resolution No.
2017-243, transitioning the Volunteer Citizen-Based Charter
Committee to the Charter Review Committee for the Periodic
Review of the Charter.
City of San Bernardino
Charter
Adopted by Voters November 8, 2016
Filed with the California Secretary of State January 31, 2017
Table of Contents
PREAMBLE 1
ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS 1
Section 100. Name and Boundaries ....................................................................................... 1
Section 101. Powers of the City ............................................................................................. 1
Section 102. Interpretation of Powers .................................................................................... 1
Section 103. Rights and Succession ...................................................................................... 1
Section 104. Intergovernmental Relations .............................................................................. 2
ARTICLE II: FORM OF GOVERNMENT 2
Section 200. Form of Government ......................................................................................... 2
ARTICLE III: CITY COUNCIL AND MAYOR 2
Section 300. General Powers and Duties ............................................................................... 2
Section 301. Composition, Eligibility, and Terms .................................................................... 2
Section 302. Powers and Duties of the Council ...................................................................... 3
Section 303. Powers and Duties of the Mayor ........................................................................ 3
Section 304. Manners of Action ............................................................................................. 4
Section 305. Compensation; Expenses .................................................................................. 4
Section 306. Prohibitions ....................................................................................................... 4
Section 307. Vacancies; Filling of Vacancies ......................................................................... 5
Section 308. Judge of Qualifications ...................................................................................... 5
Section 309. Council Organization, Meetings and Rules of Order ........................................... 5
ARTICLE IV: CITY MANAGER 5
Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5
Section 401. Powers and Duties ............................................................................................ 6
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7
Section 501. General Provisions ............................................................................................ 7
Section 502. Direction by City Manager ................................................................................. 7
Section 503. Continuation of Departments ............................................................................. 7
San Bernardino Charter Page 2
Section 504. City Attorney ...................................................................................................... 7
Section 505. City Clerk .......................................................................................................... 7
Section 506. Departmental Administrators; Appointive Powers .............................................. 8
Section 507. Services ............................................................................................................ 8
Section 508. Personnel System ............................................................................................. 8
Section 509. 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 .......................... 9
Section 602. Library ............................................................................................................... 9
Section 603. Water and Wastewater ...................................................................................... 9
Section 604. Personnel Commission .....................................................................................10
ARTICLE VII: FINANCIAL MANAGEMENT 10
Section 700. Fiscal Year .......................................................................................................10
Section 701. Submission of Budget and Budget Message .....................................................10
Section 702. Budget and Capital Improvement Program .......................................................10
Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11
Section 704. Independent Audit ............................................................................................11
Article VIII: ELECTIONS 11
Section 800. City Elections ...................................................................................................11
Section 801. Elective Officers; Terms....................................................................................11
Section 802. Number of Wards .............................................................................................12
ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12
Section 900. Initiative, Citizen Referendum and Recall .........................................................12
ARTICLE X: CHARTER AMENDMENTS 12
Section 1000. Charter Amendments .....................................................................................12
Section 1001. Periodic Review of Charter .............................................................................12
ARTICLE XI: SEVERABILITY 12
Section 1100. Severability .....................................................................................................12
CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
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 I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
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 in favor of the City, and the
specific mention of particular powers in the Charter shall not be interpreted 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 of its debts, obligations and liabilities.
All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time
this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in
force until they shall have been duly repealed, amended, changed, or superseded by proper
authority as provided by this Charter.
Subject to the provisions of this Charter, the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
San Bernardino Charter Page 2
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 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, to the maximum extent permitted by
applicable law.
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 AND MAYOR
Section 300. General Powers and Duties
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.
Except as otherwise required by law, the role of the Council is legislative, 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 Council’s goals.
Section 301. Composition, Eligibility, and Terms
(a) Composition. The Council shall be composed of seven (7) Council members. The term
“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 Council
members.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor. 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.
San Bernardino Charter Page 3
Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are
provided to protect and promote public health, safety, and welfare. The Council and Mayor
shall operate together to serve the best interests of the City.
The Council, in collaboration with the Mayor, 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 of Conduct.
The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the
City’s fiscal integrity.
Each Council member shall be entitled to vote on all matters coming before the Council. The
Council shall have the power to override any veto of the Mayor by a vote of five (5) or more
Council members.
The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a
temporary absence from the City, illness, or any other cause that makes the Mayor temporarily
unable to perform the duties of his or her 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.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or
exercise veto powers over Council action, but may continue to exercise his or her vote as a
Council member.
Section 303. Powers and Duties of the Mayor
The Mayor shall have the following powers and perform the following duties, in addition to
others as specified in this Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all
discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter,
and as otherwise provided in this Charter;
(b) Have the authority to veto any Council action approved by fewer than five (5) members
of the Council;
(c) Shall participate in the 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, except committees made up wholly of less than
a majority of City Council members;
(d) Appoint the members and officers of Council committees (committees made up wholly
of less than a majority of City Council members), and perform other duties as specified
by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by
the governor for purposes of military law;
(f) Be the chief spokesperson for the City; and
San Bernardino Charter Page 4
(g) 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; and
(h) Execute all ordinances, resolutions and contracts approved by the City Council except as
otherwise authorized by the City Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter.
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. Manners of Action
Actions of the Council require a simple majority vote of the quorum present for approval
unless:
(a) Otherwise required for charter cities under State or Federal law; or
(b) Required by this Charter to be approved by at least five affirmative votes of the Mayor
and members of the Council.
Section 305. Compensation; Expenses
Compensation for the Mayor and Council members 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 salaries 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 306. Prohibitions
(a) Holding Other Office. No Mayor or Council member shall hold any other City office or City
employment during the term for which he or she was elected. No former Mayor or Council
member shall hold any compensated appointive office or employment with the City until one
(1) year after the expiration of the term for which he or she was elected.
(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest
codes as established by State law and/or City ordinance.
(c) Appointments and Removals. Neither the Mayor nor any Council member 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 the
Mayor or members of the Council from expressing their views and fully and freely
San Bernardino Charter Page 5
discussing with the City Manager anything pertaining to the appointment and removal of
such officers and employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall
interfere with the discretion of the City Manager in the exercise or performance of his or her
powers or duties. 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.
Section 307. Vacancies; Filling of Vacancies
(a) Vacancies. If the Council determines any of the events enumerated in provisions of the
Government Code or California Constitution pertaining to vacancies in public offices have
occurred, the Council shall declare a vacancy for the office of Council member or for the
office of Mayor.
(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance.
Section 308. Judge of Qualifications
The Council shall be the judge of the election and qualifications of its members and whether
grounds exist for forfeiture of their office.
Section 309. Council Organization, Meetings and Rules of Order
The Council shall establish by ordinance the time, place and the method of calling meetings, the
rules of order for the conduct of proceedings by the Council, and the order of succession in the
event of a vacancy in the office of Mayor.
ARTICLE IV: CITY MANAGER
Section 400. City Manager Appointment, Qualifications and Compensation
The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager
and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City
Manager may be removed by the Mayor and entire Council in the same manner. The City
Manager shall be appointed on the basis of education and experience in the accepted
competencies and practices of local government management. The Mayor and Council shall
San Bernardino Charter Page 6
establish and communicate clear expectations for the City Manager. An evaluation of the City
Manager’s performance shall be conducted 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 City 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 this Charter.
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 established personnel rules. The
City Manager may authorize any administrative officer subject to the City 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 Mayor and Council are informed on all aspects of important emerging issues,
including the City’s financial condition and future needs, and as part of that
responsibility, brief the Mayor and Council at their meetings on the business matters
before them;
(e) See that all laws, provisions of this Charter, and acts of the Council are faithfully
executed;
(f) Prepare and submit the annual budget and capital improvement program to the Mayor
and Council and implement the final budget approved by the Council to achieve the
goals of the City;
(g) Submit to the Mayor and 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 Mayor or Council may request regarding operations;
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and
facilitate the work of the Council in developing policy;
(j) Provide staff support services for the Mayor and Council members;
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
to implement these goals;
(l) Be accountable for the implementation of Council goals and policies and the overall
performance of the City;
(m) Encourage and provide staff support for regional and intergovernmental cooperation;
(n) Promote partnerships among the Mayor, Council, staff, and citizens in developing
public policy and building a sense of community;
(o) Make business and policy recommendations based solely on his or her independent
professional judgment and best practices in the interests of the City; and
San Bernardino Charter Page 7
(p) Perform other such duties as are specified in this Charter, by ordinance, or as may
be requested by the Council.
ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES
Section 501. General Provisions
The City Manager may establish City departments, offices, or agencies in addition to those
created by this Charter, subject to approval of the City Council, 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
Each City department, office and agency shall be administered by an executive appointed by
and subject to the direction and supervision of the City Manager, except the Offices of the
Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water
Board, which shall be administered by their respective executive officers as provided for
elsewhere in this Charter but which shall in all other respects be governed by the policies
applicable to all other departments, offices and agencies.
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 or other action approved by the City Council.
Section 504. City Attorney
A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as
provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and
entire Council in the same manner. 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
A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided
in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire
Council in the same manner. The City Clerk shall give notice of Council meetings to its
members and the public, keep the journal of its proceedings, and shall perform any other duties
prescribed by State law, this Charter or by ordinance.
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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. Services
The City shall provide for a municipal police department. The City also shall provide for
community development, finance, fire and emergency medical services, information
technology, library, parks and recreation, personnel, public works, water and wastewater, and
such other services as the Council deems appropriate for the public’s health, safety and
welfare.
Section 508. Personnel System
All appointments and promotions of City officers and employees shall be made solely on the
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of
competence. The administration of employee matters shall be delegated to a personnel or
human resources department.
Consistent with all applicable Federal and State laws, the Council shall provide 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 resolution the amounts and terms of the official bonds of all officers or
employees who are required by the Council to acquire 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 party to, or conspired in, such wrongful act or omission.
ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES
Section 600. General Provisions
Each board, commission and committee established prior to the adoption of this Charter shall
continue to exist, exercise the powers and perform the duties assigned to it upon adoption of
this Charter. However, the Council may alter the structure, membership, powers and duties of
San Bernardino Charter Page 9
boards, commissions and committees. The Council also may abolish or create particular
boards, commissions and committees, provided that the Council may not abolish the
Commissions or Boards specifically provided for in this Charter. The Council may grant powers
and duties to boards, commissions and committees that are consistent with the provisions of
this Charter.
Section 601. Appointment, Removal, Terms of Office and Procedural Rules
Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of
boards, commissions, committees and their members and the rules and regulations pertaining
to the conduct of board, commission or committee business shall be as prescribed by a vote of
the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards,
commissions and committees shall be residents of the City, unless exempted by ordinance or
State law.
Section 602. Library
A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the
Mayor and entire Council, as provided in section 304(b) to serve without compensation. The
Mayor and entire Council may remove Trustees in the same manner. The Board shall:
(a) Be responsible for providing adequate library services;
(b) Appoint a Library Director;
(c) Administer the Library budget allocated by the Council;
(d) Make and enforce all rules and regulations applicable to library services; and
(e) Administer such additional matters as may be determined by ordinance.
Section 603. Water and Wastewater
A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire
Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each,
staggered 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 a vote of the Mayor and entire Council. 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.
(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) Provide for an annual, independent audit of all water and wastewater accounts, and
may provide for more frequent audits as it deems necessary. Copies of all auditors’
reports shall be filed with the City Clerk and Council.
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(f) Compensate members of the Water Board in accordance with actions of the Water
Board following public hearing.
(g) 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.
(h) Establish and periodically review and revise such rules and regulations as may be
appropriate for managing the City’s Water and Wastewater Systems.
Section 604. Personnel Commission
A Personnel Commission consisting of five (5) members shall be appointed by a vote of the
Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without
compensation. The Mayor and entire Council may remove Commissioners in the same manner.
The Commission’s 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.
ARTICLE VII: FINANCIAL MANAGEMENT
Section 700. Fiscal Year
The fiscal year of the City shall begin on the first day of July of each year and end on the last
day of June of the following year. The Council may change the fiscal year by ordinance.
Section 701. Submission of Budget and Budget Message
At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare
and submit to the Mayor and 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
and 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 or Mayor may request 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
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(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 CIP 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 (1) or more
public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may
be amended, by the Council before the beginning of each fiscal year.
Section 704. 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 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 Mayor, each member of the Council, the City Manager,
Finance Director and City Attorney. Three (3) 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
the audit and report shall be published on the City’s website.
Section 800. City
Elections
Article VIII: ELECTIONS
Beginning in 2018, primary and general election shall be held in said City in consolidation
with the State Primary Election and the State General Election and every two (2) years
thereafter. City elections shall follow the provisions and procedures of the State Elections Code
as applicable to general law cities. The Mayor and 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 (1) year.
Section 801. Elective Officers; Terms
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 (4) years, with such terms staggered
between the wards as established by ordinance. Each Council member shall be elected by ward
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by the voters within that ward. The Mayor shall continue to be elected at large for a term of
four (4) years.
Section 802. Number of Wards
There shall be seven (7) 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 laws.
ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL
Section 900. Initiative, Citizen Referendum and Recall
Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code,
as applicable to general law cities.
ARTICLE X: CHARTER AMENDMENTS
Section 1000. Charter Amendments
Amendments to this Charter shall be made in accordance with the procedures of the State
Elections Code, as applicable to charter cities.
Section 1001. 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.
Section 1100.
Severability
ARTICLE XI: 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.
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RESOLUTION NO. 2017-243
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO TRANSITIONING THE VOLUNTEER CITIZEN -BASED CHARTER
COMMITTEE TO THE CHARTER REVIEW COMMITTEE FOR PERIODIC REVIEW
OF THE CHARTER
WHEREAS, the Volunteer Citizen -Based Charter Committee was established by
Resolution No. 2014-59 on March 17, 2014; and
WHEREAS, a new Charter was adopted by the voters on November 8, 2016; and
WHEREAS, the new Charter was filed with the Secretary of State and became effective
on January 31, 2017; and
WHEREAS, at the November 3, 2017 Strategic Planning Meeting, the Mayor and City
Council discussed the charter implementation process and status and determined this group may
be able to assist with this effort while also performing the periodic review contemplated in the
Charter; and
WHEREAS, Section 1001 of the Charter requires that the Council establish a process by
December 2017 to ensure the periodic review of the Charter to identify potential amendments
that enhance clarity, efficiency, and the principles of the council-manager form of government.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Volunteer Citizen -Based Charter Committee established by
Resolution No. 2014-59 is hereby transitioned to the Charter Review Committee.
SECTION 2. Resolution No. 2014-59 is hereby repealed.
SECTION 3. The Charter Review Committee shall consist of:
A. One member of the Business Community appointed by the Mayor. Business
Community shall, for purposes of this Resolution, be defined as an owner or
executive of a business located within the boundaries of the City who is a registered
voter and resident of the City.
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B. One resident appointed by the Mayor. Resident shall, for the purposes of this
Resolution, be defined as a person who is a registered voter and whose primary place
of residence is located within the boundaries of the City.
C. Each member of the City Council shall appoint one registered voter who is a resident
from their respective Ward.
D, Once the Committee is formed, the members shall elect one of its members to act as
Chairman of the Committee.
SECTION 4. The Committee shall complete a periodic review of the Charter to identify
potential amendments that enhance clarity, efficiency and the principles of the council-manager
form of government.
SECTION 5. The Committee shall meet at designated times to allow for participation by
its members and the public. The City Clerk shall publicly notice such meetings.
SECTION 6. The City Attorney, or his designee, shall act in an advisory role to the
committee.
SECTION 7. The current members of the Volunteer Citizen -Based Charter Committee
established by Resolution 2014-59 shall serve as members of the Charter Review Committee
until they are removed or replaced by their respective appointers.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO TRANSITIONING THE VOLUNTEER CITIZEN -BASED CHARTER
COMMITTEE TO THE CHARTER REVIEW COMMITTEE FOR PERIODIC REVIEW
OF THE CHARTER
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th
day of December 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS X
VALDIVIA X(M)
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X
NAYS ABSTAIN ABSENT
Georgeann H na, CMC, Ci . Clerk
The foregoing Resolution is hereby approved this 20" day of December 201
J
R. Carey Davi/1 Mayor
City of San rnardino
Approved as to form:
Gary D. Saenz, City Attorney