Last Updated on April 2, 2024 by BVN
Publisher Emeritus Photo by © Benoit Malphettes
At the February 21, 2024 5:00 pm Special Council Meeting another incident came up since Charles Montoya became City Manager. The council was discussing agenda item 21: Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and
Formation Process (Councilmember Ted Sanchez, Ward 1) to see if they wanted to have it placed on the Regular Council Meeting at 7:00 pm which was later that evening in the same location. This new special meeting of the Council held on the same day as the regular meeting is to limit citizen participation.
Under the Public Comments rule established by Montoya, citizens can only speak to items listed on the agenda during a special meeting. Some citizens came to the Special Council Meeting and made comments on Item 21, which caused confusion for Councilmembers Shorett, Reynoso, Calvin and Alexander because they could say anything on Item 21 and those citizens were given three minutes to speak on Item 21.
City Attorney Sonia Carvalho of Best Best & Krieger LLP (BBK) was asked to clear-up the confusion because Councilmember Calvin wanted to know how Item 21 got on the agenda in the first place. Attorney Carvalho responded; first you must remember the voters voted in a (City Charter) “City Manager” form of government that gives the City Manager control over the agenda and it is up to him what goes on agenda. (Note: it is not called a “City Manager” form of government, it is called “council-manager” form of government.)
This statement by Attorney Carvalho is partially true; it is a “Half -truth”. The dictionary defines Half-truth as “a statement that mingles truth and falsehood with deliberate intent to deceive”. On the street, these people are called liars.
This was what the voters voted for in the San Bernardino City Charter on November 8, 2016 and filed with the Secretary of State on January 31, 2017.
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The Preamble states, 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 Section 200 Form of Government: states, The municipal government established by this Charter is the council-manager form of government.
Article I Section 300 General Powers and Duties: states, 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.
Article I Section 309 Council Meetings: states, 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 VI Section 400 City Manager: states, 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.
Article VI Section 401 Powers and Duties: states, 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.
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It is my opinion and suggestion to the Councilmembers to review the City Charter and have a copy with you at council meetings because the City Manager Montoya and Attorney Carvalho will tell you Half-truths.
Now under Municipal Code section 2.02.060 the duties of the City Manager are: (A) Determine the items and order of such items on the City Council’s meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include any agenda item requested by the presiding officer of the City Council for discussion and further direction from a majority of the City Council.
It is clear to me the City Manager’s authority is limited by the authority given him by the “direction of the council” not as alluded to by the statements of Montoya and Carvalho during the City Council meeting.
The Council needs to find out where Montoya got the information from to bring the Renovation of City Hall and his plan to rebuild the Downtown property. When he makes the statement to you “That’s a Fact”, ask for evidence because like one Councilmember said; we have seen many people come before the Council and make a lot of glowing statements and leave the city when those glowing statements turn into broken promises and leave us in debt.
Remember Montoya’s resume looks good but his references from his former employers tell a different story, and the community has pointed that out to the Council during public comment so you cannot tell us you did not know. Is he is getting staff to tell Half-truths for him because you cannot communicate with staff without his permission, unless you are Councilmember Sanchez.