CITY OF STOCKTON STOCKTON CHARTER REVIEW ADVISORY COMMISSION AGENDA

July 24, 2013 6:00 PM Civic Auditorium, North Hall 525 N. Center Street, Stockton CA
Agendas, staff reports and minutes can be viewed on http://www.stocktongov.com/government/oMeetings/boardC omMeetings.html NOTE: All proceedings before the Charter Review Advisory Commission are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person(s) needing one. CONSENT ITEMS: Information concerning the consent items has been forwarded to the Charter Review Advisory Commission prior to the meeting. Unless a Committee member or member of the audience has questions concerning a particular item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote. Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card" and submit it to the Recording Secretary prior to the meeting.

Howard Seligman, Chair

RECORDING SECRETARY Bonnie Paige

OFFICE OF THE CITY CLERK 425 N. EL DORADO STREET STOCKTON, CA 95202-1997 (209) 937-8458

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CITY OF STOCKTON CHARTER REVIEW ADVISORY COMMISSION AGENDA

1. CALL TO ORDER/ROLL CALL 2. PUBLIC COMMENT* 3. ITEMS FOR DISCUSSION 3.1 Future Meeting Calendar 3.2 Approval of Minutes of the June 26, 2013 Meeting 3.3 Article XXIV City Planning Commission Sections 2400-2401 3.4 Article XVI Fire Department Sections 1600-1608 3.5 Proposed Update to Charter Introduction Language Commissioner Viri proposed changes 4. UNFINISHED BUSINESS 4.1 Article XXIV City Planning Commission SECTION 2400 Appointment of Members; Terms of Office 4.2 Article XVI Fire Department SECTION 1605 Assignment of Chief Officers 5. COMMISSIONER COMMENTS 6. ADJOURNMENT INFORMATION ITEMS (provided as information only): Email received from Dean Andal regarding proposed Charter Amendments 1) Rainy Day Reserve 2) Voter approval of Revenue Bonds 3) Budget on time or no Council pay 4) Reduce Mayor & Council pay to public service level Email from Commissioner Stocking requesting additional items to be added to Block 1. 1) Article V, Section 505. Public Hearings (proposed language) 2) Article VI, Section 606. Term Limits (proposed language) Email from Commissioner Stocking 1) Argument for revisions to Article IV SEC 410 Compensation

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Agenda Item
AGENDA ITEM 3.02

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MINUTES CHARTER REVIEW ADVISORY COMMISSION MEETING OF JUNE 26, 2013

1.

CALL TO ORDER/ROLL CALL 6:00 PM Administration of the oath - City Clerk Bonnie Paige administered the Oath of Office to all Commissioners present. Roll Call 6:02 PM Present: Commissioner Bayne Commissioner Dougherty Commissioner Harrison Commissioner Powell Commissioner Sanguinetti Commissioner Stocking Commissioner Sylvester Commissioner Vargas Commissioner Viri Commissioner White Vice Chair Summers Chair Seligman Absent: Commissioner Brown, Commissioner Hatten, and Commissioner Martinez. Note: Commissioner Hatten arrived at 6:09 p.m.

2. 3.

PUBLIC COMMENT* 6:04 PM ITEMS FOR DISCUSSION 6:04 PM 3.1 Introduction of Commissioners 6:04 PM Acting Chair Seligman welcomed the new members of the Commission and the existing members. Procedurally a Chair and Vice Chair is required to be voted on by the Commission and Acting Chair Seligman asked for the support of the Commissioners to continue serving as their Chair. Motion to approve the nomination of Howard Seligman to serve as

June 26, 2013 Charter Review Advisory Commission

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Chair of the Charter Review Commission. Moved by: Commissioner Bayne, seconded by Commissioner Sanguinetti. Vote: Motion carried 12-0 Yes: Commissioner Bayne, Commissioner Dougherty, Commissioner Harrison, Commissioner Powell, Commissioner Sanguinetti, Commissioner Stocking, Commissioner Sylvester, Commissioner Vargas, Commissioner Viri, Commissioner White, Vice Chair Summers, and Chair Seligman. Absent: Commissioner Brown, Commissioner Hatten, and Commissioner Martinez. 3.2 Election of Chair and Vice Chair 6:03 PM Election of Vice Chair. Commissioner Sylvester asked that the Commissioners introduce themselves before the nomination and vote for the Vice Chair was considered. Motion to approve the nomination of Commissioner Summers to serve this Commission as Vice Chair. Moved by: Commissioner White, seconded by Commissioner Sylvester. Vote: Motion carried 13-0 Yes: Commissioner Bayne, Commissioner Dougherty, Commissioner Harrison, Commissioner Hatten, Commissioner Powell, Commissioner Sanguinetti, Commissioner Stocking, Commissioner Sylvester, Commissioner Vargas, Commissioner Viri, Commissioner White, Vice Chair Summers, and Chair Seligman. Absent: Commissioner Brown, and Commissioner Martinez. Commissioners asked that a notice be sent out to various organizations inviting public participation and noting the meeting schedule. The City Clerk will send a notice out prior to the next meeting. Commissioners posed questions regarding the following:

June 26, 2013 Charter Review Advisory Commission

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- use of social media, facebook, twitter - level of participation - noticing community organizations - publishing notices - organization of each meeting; reviewing the Charter sections; calibrate a section or two, publish that information; Commissioners prepare for reviewing and discussing specified sections - Commissioners researching; collecting informative input for discussion; look to other Charter cities; League of California Cities 3.4 Scope of Work, Schedule, and Deliverables John Luebberke, City Attorney - provided information relative to the process for the Commission's consideration; scope of work, organized in a way to be put on specific agendas; consider time it takes to work on the issues; very significant matters to be considered; place specific items on agenda and work from there; working with the Council Ad-hoc Committee City Attorney Luebberke provided brief background on the sections within Block 1. Role of the Ad-hoc Committee - importance of the Commission to interface with the Council Ad-hoc Committee to receive information from them; provide updates to the Committee. Time line was discussed with the Commissioners. The time line for Blocks 1 and 2 is very ambitious with December 1, 2013 being the first delivery date. Council has asked for tracked changes Charter amendment and also proposed Ballot arguments in support of those amendments. City Attorney Luebberke provided background on why staff recommended Ballot arguments. City Attorney Luebberke recommended that any additional Charter sections that the Commission wishes to add to the scope be submitted to the Council Ad-hoc Committee. City Attorney Luebberke confirmed that the scope of work approved by the Council for the Commission to work on was adopted by Council Resolution and that this particular work be addressed by the Commission.

June 26, 2013 Charter Review Advisory Commission

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Chair Seligman spoke to fitting other topics into the Blocks City Attorney Luebberke recommended the Commission presenting their suggestions to the Council Ad-hoc Committee. Commissioner Sanquinetti - study session; recommendation from staff to be used as a guideline to assist Commission Vice Chair Summers - Council directing Commission on the Charter review; citizens may have issues with the Charter that are equal in importance Commissioner White - time it takes to work through the issues; stay the course; Commission to choose what to work on Chair Seligman - proceeding with Charter section by section, including specific sections that the Council wants addressed Commissioner Stocking - in favor of reviewing sections within the established Blocks; work on simple changes first City Attorney Luebberke - dates in time line need to coordinate with June election; public hearings Commissioner Sylvester - clairified that the scope is not limited to specific sections Chair Seligman - communicate to Council short time frame, Commission may not be able to complete by the December delivery date; if Council wants the Commission to address the identified sections in Blocks 1, 2, and 3 first and then look at further recommendations for amendments, that will be up to the Ad-hoc to decide if that is the direction the Commission is to go. City Attorney Lueberrke clarified that once the Commission decides upon their process, they would report back to the Council Ad-hoc Committee. Chair Seligman posed the question to the Commissioners if they should address the scope approved by Council before proceeding with any other sections of the Charter and if that is the desire of the Ad-hoc Committee, then that will be the process of the Commission.

June 26, 2013 Charter Review Advisory Commission

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Commissioner Stocking - asked for clarification from City Attorney Luebberke regarding when Charter Amendments can be placed on the Ballot; Primary Election or General Election. City Attorney Luebberke stated he would research that question; he is not aware of any restriction Commissioner Viri - suggested Commissioners review material in the packet and compare with Charter to determine priorities and then decide as a whole. Commissioner Stocking - Mayor's compensation Chair Seligman - set meeting schedule; what to discuss Commissioner White - suggested reviewing the section relating to the Mayor's salary Commissioner Stocking - outline to use generally; add to, take from, Block 1, 2, and 3 open to revisions Commissioner Sanquinetti - use scope as an outline; priority look at Blocks 1, 2, 3 after members review Charter; take care of the sections that Commission can complete to meet time line. Chair Seligman - consensus of Commission to start with items in Block 1 at the next meeting Commissioner Doughtery - resources; how other cities handle issues; League of California Cities Motion to approve the use of the Scope of Work as an outline, starting with Block 1, come back at the next meeting having read the items and select the items that the Commission can all agree on to move forward. Moved by: Commissioner Sanguinetti, seconded by Commissioner Stocking. Commissioner Sylvester - options for process Chair Seligman - clarification of the motion regarding starting with Block 1

June 26, 2013 Charter Review Advisory Commission

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Vote: Motion carried 13-0 Yes: Commissioner Bayne, Commissioner Dougherty, Commissioner Harrison, Commissioner Hatten, Commissioner Powell, Commissioner Sanguinetti, Commissioner Stocking, Commissioner Sylvester, Commissioner Vargas, Commissioner Viri, Commissioner White, Vice Chair Summers, and Chair Seligman. Absent: Commissioner Brown, and Commissioner Martinez. Commissioner Viri - Commission is set up for two years; prioritize the scope and as the Commission gets to the other issues, address them as well Commissioner Dougherty - how each Block was developed City Attorney Luebberke - in response to Commissioner Dougherty briefly explained how the Blocks were developed, background, external laws; every charter unique Commissioner Bayne - asked staff to provide update for external law Commissioner Stocking-communication protocol City Attorney Luebberke - directed Commissioners to communicate through staff (Brown Act) - staff communication Initiate communication through City Clerk. Next meeting staff will provide an overview relative to the Brown Act for all Commissioners. 3.3 Meeting Schedule 7:25 PM Commissioners agreed to meet twice per month; 2nd and 4th Wednesday for the month of July, 6 p.m. to 9 p.m. After July the Commissioners will determine if the 2nd and 4th Wednesdays work for the Commissioners. Public Comment Karen Booker - asked how the public would be contacted regarding meetings

June 26, 2013 Charter Review Advisory Commission

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Commissioner Sanquinetti - asked that the staff report from the Council Study Session be sent out with the packet Commissioners asked that the packets be sent earlier than 72 hours; any additional documents the Commissioners want added to the packet for distribution must be to the Clerk a week before meeting City Attorney Luebberke asked for input from the Commissioners regarding the information staff is providing; what would be helpful City Attorney Luebberke - version control of electronic copy of Charter 4. ADJOURNMENT

June 26, 2013 Charter Review Advisory Commission

Agenda Item
AGENDA ITEM 3.03

Stockton Municipal Code, Charter, and Civil Service Rules

ARTICLE XVI FIRE DEPARTMENT SECTION 1600. Organization.

The Fire Department shall consist of a Fire Chief and such other officers, members, and employees as the Council may from time to time prescribe. (Amended Election 11/02/10 effective 12/9/10; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1601. Powers and Duties.

The Fire Department shall enforce all ordinances and laws and shall supervise all matters relating to the prevention, control, and extinguishment of fires and the protection of the property impaired thereby, and the prevention and control of fire hazards within the City. (Amended Election 11/02/10 effective 12/9/10; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1602. Fire Chief.

The Fire Department shall be under the control, management, and direction of a Fire Chief. The Fire Chief shall be appointed by the City Manager and shall hold that position at the pleasure of the City Manager. The Fire Chief shall with the approval of the City Manager have management, control, and direction of the personnel of the Department and shall have charge of all property and equipment of such Department. The Fire Chief shall have full power to detail any officer or member of the Department to such public service as may be necessary. The Fire Chief shall recommend in writing to the City Manager that disciplinary action be taken against members of the Department if he or she deems it necessary, stating the reasons therefor, and shall immediately file a copy of said recommendations with the Civil Service Commission. The Fire Chief shall exercise all powers and duties provided by the general law or the ordinances of the City Council and shall devote his or her entire time to the discharge of the duties of this office. (Amended Election 11/02/10 effective 12/9/10; Amended Election 6/4/74 effective 8/21/74; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1603. Absence of Fire Chief.

In the event of the absence or disability of the Fire Chief, or vacancy in such office, the City Manager shall designate an interim Fire Chief to assume charge of the Department until the Chief returns or a successor is appointed. (Amended Election 11/02/10 effective 12/9/10; Amended Election 6/4/74 effective 8/21/74; Amended Election 10/9/73 effective 1/17/74; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1604. Deputy Fire Chief.

The Fire Chief shall have the power to appoint at his or her discretion, without competitive examination, one or more Deputy Fire Chiefs. After appointment, the Deputy Fire Chief shall hold said position at the pleasure of the Fire Chief. If the Fire Chief demotes a Deputy Fire Chief, the Deputy Fire Chief shall be restored to the last civil service position, if any, held immediately prior to appointment as Deputy Fire Chief.

ARTICLE XVI FIRE DEPARTMENT

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(Amended Election 11/02/10 effective 12/9/10; Amended Election 6/4/74 effective 8/21/74; Amended Election 10/9/73 effective 1/17/74; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1605. Assignment of Chief Officers.

The Fire Chief shall have the power to assign chief officers to fill the necessary supervisory positions in the Fire Department, and shall assign a chief officer as Fire Marshal and a chief officer as Director of Training. (Amended Election 11/02/10 effective 12/9/10; Added Election 6/4/74 effective 8/21/74)
SECTION 1606. Temporary Firefighters.

In case of emergency, the City Manager may appoint additional firefighters and officers for temporary service, who need not be in the classified service. Such authority may be exercised under the direction of the Fire Chief and for a specified time, and all such appointees shall be subject to and obey all rules and regulations of the Fire Department. (Amended Election 11/02/10 effective 12/9/10; Added Election 10/12/71 effective 12/6/71; Repealed Election 10/14/47 effective 3/3/48)
SECTION 1607. Impartial Mediation for Employee Disputes.

(a) Declaration of Policy. It is hereby declared to be the policy of the City of Stockton that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes. (b) Prohibition Against Strikes. If any firefighter employed by the City of Stockton willfully engages in a strike against the City, said employee shall be dismissed from his or her employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council, or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City. (c) Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with recognized Fire Department employee organizations on all matters relating to the wages, hours, and other terms and conditions of City employment within the scope of representation, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of a negotiated agreement. (d) Impasse Resolution Procedures. (1) All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations regarding a memorandum of understanding (MOU) between the City and a Fire Department employee organization should be submitted to impartial mediation upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute. (2) Within three (3) days after either party has notified the other, in writing, that it desires to proceed to mediation, representatives designated by the City and representatives of the recognized employee organization involved in the dispute shall request cost free mediation through the California State Mediation and Conciliation or other mutually agreeable organization. The parties may mutually agree on a private mediator or other impasse resolution process. (3) Any mediation proceeding convened pursuant to this Article shall be conducted in conformance with State law. The parties may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the mediation process, or reduce the costs of the mediation. (4) The cost of any mediation convened pursuant to this Article, including the fee for the services of the mediator, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses. (Amended Election 11/02/10 effective 12/9/10; Added Election 11/3/92 effective 1/13/93; Repealed Election 10/14/47

ARTICLE XVI FIRE DEPARTMENT

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effective 3/3/48)
Historical Note: This amendment to previously numbered Section 7** [Measure V initiated by Stockton Firefighters Local 1229] was passed by a vote of 29,299 [52.3%] at the 11/3/92 election. ** This section number refers to a numbering system that was in place prior to the Election of 11/8/94. *

SECTION 1608. Restrictions.

No memorandum of understanding (MOU) may be enforced unless the costs are fully and openly explained in public, the City Manager certifies that the MOU costs are appropriate and affordable under the Citys budget, and the MOU is adopted by majority vote of the City Council. (Amended Election 11/02/10 effective 12/9/10; Added Election 11/3/92 effective 1/13/93; Repealed Election 10/14/47 effective 3/3/48)
Historical Notes: This amendment to previously numbered Section 8 [Measure U initiated by the City of Stockton] was passed by a vote of 28,929 [51.7%] at the 11/3/92 election. Section 9**: Repealed Election 10/12/71 effective 12/6/71. Section 10**: Repealed Election 10/14/47 effective 3/3/48. ** These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94. *

ARTICLE XVI FIRE DEPARTMENT

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Agenda Item
AGENDA ITEM 3.04

Stockton Municipal Code, Charter, and Civil Service Rules

ARTICLE XXIV CITY PLANNING COMMISSION SECTION 2400. Appointment of Members; Terms of Office.

There shall be a City Planning Commission composed of a number of members equal to the number of members on the City Council including the Mayor. Each member of the City Council shall select a candidate from the district from which the Councilmember has been elected to be nominated for the position of Planning Commissioner. The Mayor shall nominate an at-large member of the Planning Commission. Each nominee shall become a member of the Planning Commission upon ratification by a majority vote of the City Council. Except as otherwise provided in this article, the Commission members shall be appointed for terms of four (4) years. Any member of the Commission may be removed for cause by a majority vote of the City Council. Any member of the Commission moving from the district from which he or she was selected during his or her term shall automatically forfeit the office, the same to be refilled pursuant to the provisions of this article. Commissioners appointed from odd-numbered districts shall hold office for a term ending January 31, 1999. Commissioners appointed from even-numbered districts as well as the at-large Commissioner shall hold office for a term ending January 31, 1997. Thereafter, all Commissioners shall be appointed to a term of four (4) years, beginning February 1. If a vacancy shall occur other than by expiration of term, it shall be filled by appointment for the unexpired portion of the term pursuant to the provisions of this article. No person appointed as a Commissioner shall be eligible to serve for more than two (2) consecutive terms. Terms of service as a Commissioner prior to January 1, 1991, shall not be applied to this limitation of terms. (Amended Election 11/8/94 effective 5/22/95; Added Election 11/6/90 effective 12/18/90)
SECTION 2401. Powers and Duties.

The Planning Commission shall have the power and duty to: (a) Recommend to the Council, after a public hearing thereon, the adoption, amendment or repeal of a General Plan or any part thereof for the physical development of the City; and (b) Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance or resolution or by state law. (Amended Election 11/8/94 effective 5/22/94; Added Election 11/6/90 effective 12/18/90)
* Historical Note: Prior to the Election of 11/8/94, this Article was numbered XXV. Article XXV was repealed Election 10/12/71 effective 12/6/71.

ARTICLE XXIV CITY PLANNING COMMISSION

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Agenda Item
AGENDA ITEM 3.05

2013-07-10 proposed-Viri

INTRODUCTION TherepublicationoftheCharterandthepreparationofanIntroductionpresentanopportunity forsettingdownsomeinterestinghistoricalfacts.TheCityofStocktonwasfoundedinJuneof1849, duringtheyearfollowingthesigningoftheTreatyofGuadalupeHidalgobetweentheUnitedStatesand Mexico.SincethefirstConstitutionoftheStatewasapprovedbythevotersinNovemberof1849, StocktonwasfoundedpriortotheadoptionofthefirstStateConstitution. AnIntroductionpresentstheopportunityforsettingdownsomeinterestinghistoricalfacts.By theyear1848,CharlesM.Weber,GermanbornfounderofStockton,chosetohonorCommodore RobertF.Stocktonbybestowinghisnameonthefledglingcommunity.Stocktonwasthefirst communityinCaliforniatohaveanAngloAmericanname,allothersbeingofSpanishorIndianorigin. CaliforniaoperatedundertheConstitutionof1849fromDecemberof1849andpriortoits admissionintotheUniononSeptember9,1850.InMarchof1850theLegislaturepassedanactwhich providedfortheincorporationofcitiesandStocktonwasincorporatedpursuanttothisactinJulyof 1850,priortotheadmissionofCaliforniaintotheUnion.Stocktonwas,therefore,foundedbefore CaliforniahadaconstitutionandincorporatedbeforeitwasadmittedtotheUnion. TheCityofStocktonwasfoundedinJuneof1849,duringtheyearfollowingthesigningofthe TreatyofGuadalupeHidalgobetweentheUnitedStatesandMexico.ThefirstConstitutionoftheState wasapprovedbythevotersinNovemberof1849.CaliforniaoperatedunderthisConstitutionuntilits admissionintotheUniononSeptember9,1850.InMarchof1850theLegislaturepassedanactwhich providedfortheincorporationofcities.StocktonwasincorporatedpursuanttothisactinJulyof1850. Stocktonwas,therefore,foundedbeforeCaliforniahadaconstitutionandincorporatedbeforeitwas admittedtotheUnion. StocktonreceiveditsfirstCharter,aspeciallegislativecharter,fromtheStateLegislaturein 1851.Itwasthepracticeunderthe1849Constitutiontoenactspeciallegislativecharterswhichwere purelylegislativeenactmentsandnotinitiatedbythecities.Thispracticecontinueduntiltheenactment ofanewstateConstitutionin1879.Duringtheperiodfrom1849to1879,Stocktonoperatedunder severalspecialcharters. Itwasthepracticeunderthe1849Constitutiontoenactspeciallegislativecitycharterswhich werepurelylegislativeenactments,notinitiatedbythecities.StocktonreceiveditsfirstCharterfrom theStateLegislaturein1851.Thecityoperatedunderseveralspecialchartersuntiltheenactmentofa newstateConstitutionin1879. ThenewConstitutionof1879revolutionizedmunicipalgovernmentinCaliforniabypermittingany cityofover100,000peopletoframeitsownCharter,subjecttoratificationbytheLegislaturewhichis practicallyautomatic.ThisTheConstitutionwaslateramendedtomaketheprovisionapplytoanycity havingmorethan3,500population.Citieswhichhavetakenadvantageofthisprovisionofthe Constitutionarereferredtoaslocalcharterorhomerulemunicipalities.Suchachartergivesacitythe righttodealwithstrictlymunicipalaffairsandgivesacitypartialindependencefromthestate legislature.Thisindependenceisconfinedtocityaffairs,however,anddoesnotcarryovertomattersof statewideconcern.

2013-07-10 proposed-Viri

StocktonsfirstlocalCharterunderthe1879Constitutionwasapprovedbythevotersin1888and ratifiedbytheStateLegislaturein1889.ItwasunderThisCharterthatStocktonoperatedundera establishedacommissionformofgovernment,withtheacommissioncomposedofdepartmentheads whoalsoactedaslegislators. Intheyear1921,therewasconsiderablesentimentforachangefromthecommissionformtothe citymanagercouncilformofgovernment.Earlyin1922,twelveleadingcivicorganizationsrequested theCommissiontocallanelectionfortheselectionoffifteenfreeholderswhoshouldproposeanew charter.TheCommissioncompliedwiththisrequestandafreeholderselectionwasheldinMayof 1922.InSeptemberof1922,thefreeholdersfiledwiththeCommissionacompletedraftofthenew Charter.ThisCharterwasthereafterratifiedbyamajorityoftheelectorsataspecialelectionheldin Novemberof1922anddulyapprovedbytheStateLegislatureinJanuary,1923. TheCityCharterhasbeenamendednumerous101timessinceitwasoriginallyapprovedin1922. Amendmentswerevotedonatalmosteveryelectionsince1926.Normally,theCharteramendments havebeenpresentedattheregularmunicipalelectionswhich,commencingwith1929,havebeenheld inOctoberoftheoddnumberedyearsthrough1981.Sincethen,however,theelectionshavebeen consolidatedwiththeStatesprimaryandgeneralelectionsheldinJuneandNovemberofeven numberedyears. AcommentisinorderonthenumberofamendmentstotheCharter.Fromthestandpointof goodgovernmentalpractice,achartershouldbeadocumentprovidingforabasicgovernmental structureandguaranteeingthecityfullcontrolofitsmunicipalaffairs.Often,itseemstohavebeen usedinlieuofthenormallegislativeprocedurewhichisbyordinanceandwhichprovidesagreater flexibility.RecentamendmentstotheCharterhavebeenmadetomodernizearchaiclanguage,clarify ambiguitiesoftext,anddevelopguidelinesthatwillleadStocktonintothetwentyfirstcentury. Acolorfulandhistoricalnote:Bytheyear1848,CharlesM.Weber,Germanbornfounderof Stockton,chosetohonorCommodoreRobertF.Stocktonbybestowinghisnameonthefledgling community.StocktonwasthefirstcommunityinCaliforniatohaveanAmericanname,allothersbeing ofSpanishorIndianorigin. AspecialacknowledgementtoWilliamBiddick,Jr.(CityAttorneyin1954,SuperiorCourtjudge 19601980)forhiscontributiontothisintroduction.

Agenda Item
AGENDA ITEM 4.01

Agenda Item
AGENDA ITEM 4.02

Information Only Items

Article V, Section 505. Public Hearings Current: A public hearing shall be held by the City Council before taking final action on any ordinance, resolution or motion establishing any tax, assessment or fee schedule. Proposed Amendment: A public hearing shall be held by the City Council before taking final action on any ordinance, resolution or motion establishing any tax, assessment or fee schedule. Final action by the City Council shall not be taken until at least thirty (30) days after the opening of the public hearing. Argument Current language and practice does not allow for information from a public hearing to have meaningful impact on the issue being considered. Adding a thirty (30) day period after the opening of a public hearing allows time for staff and council to consider information from the public hearing and incorporate it into the issue being considered. Work Count = 53 Dale E. Stocking Charter Review Advisory Commission

Article VI, Section 606. Term Limits. Current: No person elected as either Mayor of Councilmember shall be eligible to serve, or serve, as either Mayor or Councilmember for more than two (2) terms; but such service prior to January 1, 1989 shall not disqualify any person from further service as either Mayor or Councilmember. Proposed Amendment: No person elected as a Councilmember may serve as a Councilmember for more than two (2) terms. No person elected as Mayor may serve as Mayor for more than two (2) terms. A person who has served as a Councilmember may serve as Mayor. Argument The current language is ambiguous as to the relation of the Mayor and Councilmember term limits. The proposed amendment clarifies the term limits for both the Mayor and Councilmembers. It also provides that a previous Councilmember may serve as Mayor. Work Count = 40 Dale E. Stocking Charter Review Advisory Commission

Argument Article IV, Section 410, City of Stockton fiscal policies and expenses should not be determined by an outside entity that is not under the legislative jurisdiction of the Council. The last half of the current Charter, paragraph 2, sentence 3, (strikeout font),The amount recommended for the Mayor may shall exceed that of the other members of the Council, however, the amount received by the Mayor shall be not less than the amount received by the Chairman of the Board of Supervisors of the the County of San Joaquin., prevents the Council from having fiscal control over an item in the Stockton City Budget. Removing this language returns fiscal control to the Council. The Council Salary Setting Commission is an independent body established to set Council and Mayor salaries. The last half of the current Charter, paragraph 2, sentence 4, (strikeout font), The monthly salaries and benefits shall be in an amount which takes into account the time devoted to the office of Councilmember and the full time nature of the office of Mayor. and shall be commensurate with salaries and benefits then being paid for other public or private positions having similar part time and/or full time duties, responsibilities and obligations. is superfluous, unnecessary language that should no be in a Charter. Word Count = 211 Argument (shortened) City of Stockton fiscal policies and expenses should not be determined by an outside entity that is not under the legislative jurisdiction of the Council. The last half of the current Charter, paragraph 2, sentence 3, (strikeout font), prevents the Council from having fiscal control over an item in the Stockton City Budget. Removing this language returns fiscal control to the Council. The Council Salary Setting Commission is an independent body established to set Council and Mayor salaries. The last half of the current Charter, paragraph 2, sentence 4, (strikeout font), is superfluous, unnecessary language that should no be in a Charter. Work Count = 102 Dale E. Stocking Charter Review Advisory Commission