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Staff Report
City of San Bernardino
Request for Council Action
Date: March 14, 2017
To: Honorable Mayor and City Council Members
From: Mark Scott, City Manager
Gary Saenz, City Attorney
By: Andrea M. Miller, Assistant City Manager
Jolena Grider, Chief Assistant City Attorney
Subject: Charter Implementation Update and Proposed Work Plan
Recommendation
Review and analyze the memorandum from Special Counsel Kimberly Hall Barlow of Jones & Mayer regarding Charter implementation including the immediate impacts of the new Charter and proposed
Charter implementation work plan that identifies revisions to the San Bernardino Municipal Code, City policies and administrative procedures, and provide direction related to priorities;
and review proposed ordinances amending portions of Chapter 1.08, repealing and replacing Chapter 2.02 regarding the position of City Manager, and repealing and replacing Section 2.01.010
of the Municipal Code regarding the Mayor Pro Tempore to conform to the City’s Charter.
Background
On November 8, 2016, voters in San Bernardino approved Measure L for the City’s new Charter that applies best practices for municipal governance and provides a clear and streamlined
structure based on the council-manager form of government where day-to-day management of the City has shifted from the Mayor to the City Manager. Revisions to various administrative
policies and procedures and the Municipal Code are required to implement the provisions of the new Charter. On January 23, 2017, the City Council approved a Professional Services Agreement
with Jones & Mayer, a professional law firm, to serve as Special Counsel to assist the City in implementing the new Charter provisions. Thereafter, on March 6, 2017, the Mayor and
City Council reviewed the memorandum from Special Counsel regarding Charter implementation and proposed ordinances and requested that a Special Meeting be scheduled to review the memorandum
and work plan and provide direction related to priorities.
Discussion
Staff and Special Counsel seek direction from the Mayor and City Council regarding priorities in implementing the new Charter. In order to provide guidance, preliminary information
is provided in a memorandum from Special Counsel, which is included as
Attachment 1 to this Report, about some of the immediate impacts of the new Charter and the revisions to the municipal code which appear to be most pressing. A proposed Charter Implementation
Work Plan that identifies the various Municipal Codes, City policies and procedures that will be impacted by the implementation is being finalized and will be presented at this meeting.
Special Counsel, Kimberly Hall Barlow of Jones & Mayer, will be at the meeting to present the firm’s analysis and answer questions.
The most critical changes to be made to the City’s municipal code relate to the change to the Council/Manager form of government; the powers and duties of the City Manager, City Council,
Mayor, and Mayor Pro Tempore, and the revisions in the Charter regarding the procedures for adoption of resolutions/ordinance and the possibility of veto. For these reasons, Special
Counsel has developed ordinances amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter, repealing and
replacing Chapter 2.02 regarding the position of City Manager, and repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore. These ordinances
are included as Attachments 2, 3, and 4, respectively, and additional information related to the ordinances is included in the memorandum from Special Counsel. It is recommended the
Mayor and City Council give first reading to and introduce the three ordinances at the next subsequent regularly meeting.
Over the next few months, follow up meetings and Mayor and City Council study sessions will be held to address and evaluate policy related decisions.
Fiscal Impact
The costs related to the Charter implementation services were approved by the Mayor and City Council at the February 23, 2017, meeting. There are no additional costs to be incurred
related to the recommendations this evening.
Conclusion
It is recommended the Mayor and City Council review and analyze the memorandum from Special Counsel and review ordinances amending portions of Chapter 1.08 of the City of San Bernardino
Municipal Code to implement the provisions of the newly adopted Charter, repealing and replacing Chapter 2.02 regarding the position of City Manager, and repealing and replacing Section
2.01.010 of the Municipal Code regarding the Mayor Pro Tempore.
Attachments
Attachment 1 – Memorandum from Special Council Kimberly Hall Barlow of Jones & Mayer regarding Charter implementation dated March 7, 2017
Attachment 2 – Ordinance amending portions of Chapter 1.08 of the Municipal Code to implement the provisions of the newly adopted Charter
Attachment 3 – Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager
Attachment 4 – Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City’s Charter
Attachment 5 – City Charter as approved by voters on November 8, 2016