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RESOLUTION(ID# 1752) DOC ID: 1752 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION In Support/Opposition From: Jorge Carlos M/CC Meeting Date: 04/02/2012 Prepared by: Cheryl Weeks, (909) 384-5188 Dept: Council Office Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino in Support of AB 1437 Budget Transparency, an Act to Add Section 9518 to the Government Code,Relating to the State Budget Financial Impact: None. Motion: Adopt Resolution. Synopsis of Previous Council Action: None. Background. AB 1437 will require the State Budget to be posted on a publicly available Internet Website for 3 days before the Legislature can take a vote. In recent years, bills have been introduced late at night to ensure a budget solution within a few hours. This tactic has been used as a way of passing budgets that are full of gimmicks and accounting tricks without public scrutiny. The legislature has lost the trust of the people to manage their tax dollars and bad decisions continue to be made. City Attorney Review: Supporting Documents: AB 1437 Reso(PDF) AB 1437 e-mail from Office of Mike Morrell (PDF) Updated: 3/29/2012 by Cheryl Weeks B 1752 Fact Sheet AB 1437 (PDF) OAB 1437 as introduced (PDF) Inland Valley Daily Bulletin 12-03-2011 Morrell Bill Would Give Public Better Access (PDF) AB 1437 - Letter of Support from John Valdivia (PDF) document (PDF) V Updated:3/29/2012 by Cheryl Weeks 13 Packet Pg. 680 7:H;a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF AB 1437 BUDGET TRANSPARENCY,AN 3 ACT TO ADD SECTION 9518 TO THE GOVERNMENT CODE,RELATING TO 4 THE STATE BUDGET 5 WHEREAS,Assemblyman Mike Morrell introduced AB 1437 on January 4, 2012; 6 and d rn n 7 WHEREAS, under the existing California Constitution, a bill must be read by title 3 ca 8 times in each house and a bill with amendments must be printed and distributed to the 0 m 9 members of each house before it may be passed; and 0 10 rn WHEREAS, this bill would provide that no vote may be taken in either house of the `- 11 Legislature on the Budget Bill or other bills providing for appropriations related to the Budget 12 Bill, as defined in the California Constitution, until those bills have been made available to the v 13 public for 3 days on a publicly available Internet Web site; and a 14 15 WHEREAS,Assemblyman Mike Morrell seeks local support of AB 1437. 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 17 COUNCIL OF THE CITY OF SAN BERNARDINO: °w 18 r 19 SECTION 1. The Mayor and Common Council of the City of San Bernardino support m 20 AB 1437, an act to add Section 9518 to the Government Code, relating to transparency in the a 21 adoption of the State Budget, and authorize Councilmember John Valdivia to send a letter on E 5 22 behalf of the City of San Bernardino supporting the passage of AB 1437. 23 24 25 26 /lI 27 28 Packet Pg.687 7A a'._'. 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF AB 1437 BUDGET TRANSPARENCY,AN 3 ACT TO ADD SECTION 9518 TO THE GOVERNMENT CODE,RELATING TO 4 THE STATE BUDGET 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d 7 Common Council of the City of San Bernardino at a meeting thereof, held on a 03 m 8 the_day of 2012,by the following vote,to wit: o 9 d s 10 s COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT c 11 R 12 MARQUEZ r M 13 JENKINS m 14 VALDIVIA a z 15 SHORETT 16 KELLEY N 17 JOHNSON o 18 — 19 MCCAMMACK M v 20 a Georgeann Hanna, City Clerk 21 City of San Bernardino E r 22 The foregoing resolution is hereby approved this_day of 2012. a 23 24 25 Patrick J. Morris,Mayor City of San Bernardino 26 Approved as to form: JAMES F. P NMAN, City tomey 27 28 By' Packet Pg.682 Cheryl Weeks From: Miller, Nathan <Nathan.Miller @asm.ca.gov> Sent: Monday, March 26,2012 10:41 AM To: Council Subject: FW: Office of Assemblyman Mike Morrell -AB 1437 Transparency Bill Request for Letter of Support, Meeting Follow Up. d Attachments: AB 1437 as introduced.pdf;Draft Letter of Support 1437.doc; Fact Sheet AB 1437 _Final.doc; 12.3.11 Morrell Bill Would Give Public Better Access.pdf to 0 0 C7 Thanks for your helpl w z 0 m c Na fko.*v A, MUter d District Director � Office of Assemblyman Mike Morrell 63rd Assembly District to Q 10604 Trademark Parkway,Ste. 308 m Rancho Cucamonga,CA 91730 > v (909)466 9096 office m (213)926 3331 mobile N gTAT� n Pd y O p `o w 0 Sign-up for the Morrell Report here. From: Miller, Nathan o Sent: Friday, March 23, 2012 6:18 PM To: 'valdiv!a_john @sbcity.org' ,� Cc:jeremy.smith @asm.ca.gov E Subject: Office of Assemblyman Mike Morrell -AB 1437 Transparency Bill Request for Letter of Support, Meeting Follow Up. to Hi John, Q c 1 have attached the information packet including the 1 page bill itself,a fact sheet, an op/ed penned by the IVDB E Executive Editor Frank Pine about the previous incarnation of the bill(It was AB 998 last year,AB 1437 is the new number assignment)and a draft letter of support. Mike would greatly appreciate it if we could get this on the City Calendar for a vote to support the bill accompanied by an official letter of support. April 2nd would be great, I have cc'd Jeremy Smith from our office. Please confirm the calendar date and he will attend if there are any questions or the council desires a brief presentation. Should the council vote to support the bill please feel free to use the draft letter as a guide and change it according to the best representation of the council's position. Thanks! 1 PackeRPg.683:r Naft&wA. MUUr District Director Office of Assemblyman Mike Morrell 63rd Assembly District 10604 Trademark Parkway,Ste.308 a Rancho Cucamonga,CA 91730 (909)466 9096 office 00 (213)926 3331 mobile o t7 sTAz' o NO O 4? G (µ R ado ;x1a M V Sign-up for the Morrell Report here m a m 0 m N N n d O d Y_ O d V 0 E 2 E v r M v M a c E E L O a z Packet Pg.684` 7:H.c STA2, OFFICE OF ASSEMBLYMEMBER MIKE MORRELL AB1437 Btl @get Transparency Fact Sheet Last updated 3/8/2012 Summary Fiscal Impact AB 1437 will require the State Budget to be posted on This bill will result in significant savings for the N i i � 0. publlcally available lot....t Wabsita for 3 days General Fund and will stand as further a 3 before the Legislature can take a vote. encouragement for an on time budget. m According to current law,the butlget must be passed Bill Status June 151" Therefore,AB 1437 F by the legislature by u would require that the budget be posted online for public viewing no later than June 12" In order for the C Introduced _ budget to be passed on ti me. @ N Background In Addition,the bill would discourage spending an r M Inappropriate budget items that are unpopular with r- ppropr ge unpopu m In recent years, bills have been introduced Into at the general public, and will promote transparency and a night to ensure a budge[solution wl[M1in a few M1ours, accountability In the budget process. @ O This tactic been used a passing budgets > that are Tull l of oT gimmicks and accounting untln9 tricks without public scrutiny. N N n The Legislature has last the trust of the people to City or Colson, City of Grand Terrac e,City or .-. manage their tax dollars and bad decisions continue Highland, Cur or Ontario,, City of Renoho Cucamonga, City or Redlands, City or Riverside, City to be mad.. of Upland, city of Yucaipa, Aaquanetta Warren— m Mayor of City or Fodtada, Chino Valley Chamber of Q' Commerce, Highland Area Chamber of Commerce, y Montclair Chamber or Commerce, Ontario Chamber r N or Commerce, Greater Riverside Chamber.of U The Legislature must regain the public's trust on Co erce, San Ber Cnardino Area/Chamber of u- budget Issues and welcome the participation of Commerce, Upland hamber of Commerce, Inland C @ Californian's during the decision making process. AB Action E r 1437 prohibits the legislature from holding a .rota on o @ the budget until It has been made available to the Q public for 3 day.. AB 1437 will encourage reform and help the public hold their elected representatives accountable by allowing the people to conduct a J...Ices `t ndln Legislla+tive Director thorough rav,aw of the budget before any vote takes State[capitol, Room 4102 place. By creating a more transparent budget process, Sacramento, CA 95814 this bill will finally put an and to late night gimmicks Jessice.Sandin @asm.ca.gov © that only kick our problems down the road. 916-319.2063 916-319-2163 (F..) PacketPg. 685 7.H.d CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION ASSEMBLY BILL No. 1437 Introduced by Assembly Member Morrell January 4,2012 a rn a co m 0 An act to add Section 9518 to the Government Code,relating to the 0 state budget. 0 0 LEGISLATIVE COUNSEL'S DIGEST C AB 1437,as introduced,Morrell. Budget Bill: public availability. w Under the existing California Constitution,a bill must be read by title 3 rimes in each house and a bill with amendments must be printed and v distributed to the members of each house before it may be passed. m This bill would provide that no vote may be taken in either house of a the Legislature on the Budget Bill or other bills providing for R appropriations related to the Budget Bill,as defined in the Constitution, '- until those bills have been made available to the public for 3 days on a M publicly available Internet Web site. Vote: majority. Appropriation: no. Fiscal committee: yes. v� State-mandated local program: no. v The people of the State of California do enact as follows: 0 0 1 SECTION 1. Section 9518 is added to the Government Code, 2 to read: N 3 9518. No vote shall betaken in either house of the Legislature 6 4 on the Budget Bill or other bills providing for appropriations related v 5 to the Budget Bill, as defined in Section 12 of Article IV of the m 6 California Constitution,until those bills have been made available a c m E s u m 99 Q Packet Pg. 686 AB 1437 —2— 1 to the public for three days on a publicly available Internet Web 2 site. a rn v m 0 0 m v r 0 rn c .q v m r M CO Q m 'v m N H A V d U 9 O C .y A r M _R m Q C O d E U U A 99 Q 7.H.e INLAND VALLEY Daily Bulletin 0 daiiybulletin.com Morrell bill would give public the taxpayers'money without accountability to the taxpayers.That's wrong." better budget access lareo"ewe Editor Finak Pi. Politics also plays a role,Morrell said,noting to Created:12103/201106:12:19 AM PST that he got no support from Statehouse Democrats,but he also stressed that it's not m Mike Morrell wants the public to have better strictly a partisan issue. Democrats in ? insight into the state budget process. Sacramento are more stridently partisan than R The Rancho Cucamonga assemblyman,a rank-and-file,hard-working Democrats,he said. > Republican,introduced a bill earlier this year The legislative process also stands to be A that would require the state to post budget bills impacted. online 72 hours prior to voting on them. To illustrate,Morrell described an anecdote H The bill,AB 998(reintroduced as AB 1437), about his experience with the state budget: U "was held up by the Assembly Budget "When I went in for my first budget vote,we Committee,"but Morrell pledges to push it again had gotten the budget bill maybe two hours next year. before the vote,"Morrell said. The budget to It's not a big bill. packet was about six inches thick,and officials barely had time to review the executive In fact,it's quite a simple item that would add summary,he said. "It was crazy,"he added. a just one paragraph to the state government code. i It is a big deal,though,because the public Morrell wrote his bill because he believes the should have access to the budget,and it's so public should have more access to the budget, obvious,it's practically a no-brainer to me. and at the same time,lawmakers need to be o more accountable. 3 We already have the Ralph M.Brown Act, - which requires elected officials to notify the "The public should be able to get this,"he said. to public in advance of public meetings.Why "It's their money." wouldn't the law also require government to Requiring the budget to be posted three days 0 make available to the public-in the most prior to a vote would not only allow the public efficient manner possible-the things that will be better access,Morrell said,but it would also voted on,especially when its something as allow lawmakers to make more informed a disputed and controversial as the state budget decisions about how taxpayer money is spent H has become. and it would reduce some of the"smoke and Maybe lawmakers are worried that public mirrors" involved in the budget process. .� scrutiny might bog down the budget process and This seems like good law to me,and I can't in they'd wind up missing the deadline to pass the imagine any good reason why lawmakers I budget? Somehow I doubt that's it. wouldn't rush to sign up for it. o Curious,I called Morrell and asked him why his The state budget has been and continues to be a bill didn't swish through the Legislature. train wreck,and lawmakers on all sides j The answer,he said,is that while Sacramento routinely criticize each other over what's in it or 0 lawmakers talk like they support accountability, what's not in it. To the public,it's practically a c they really don't. punch line.Anything lawmakers can do to — demystify the process would help. v "They can say all the flowery things about how E they want accountability,but their actions don't Comments,questions and suggestions go to Editor u reflect that,"Morrell said. "They want to spend Frank Pine at frank pineAinlandnewspapm—....or catch him on Twitter at @fpine. 4 Packet Pg. 688 OFFICE OF THE COMMON COUNCIL JOHN VALDIVIA—COUNCIL MsmeEx,THM Wnan 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5333•Fax:909.384.5105 San Rernar ino March 28,2012 w w.sbdty.org on d r The Honorable Mike Morrell o California State Assembly State Capitol, Room 4102 Sacramento, CA 95814 ^ M Dear Assemblymember Morrell: on a On behalf of the city council of The City of San Bernardino, I proudly offer support for AB 1437, a much needed measure to allow for transparency in our budget a process. m AB 1437 gives the public an opportunity to review the proposed budget bill for 3 days prior to the legislature holding a vote. This legislation gives the public the ability to properly analyze the financial ramifications and gravity of the proposed T budget and an opportunity to form an unbiased opinion. This added transparency would a ensure that citizens have the time to make their voices heard to their legislators prior to budget decisions. This simple measure will have a tremendous impact on the process of building public confidence as we work toward returning prosperity to Californians. 0 E Again, we are proud to support AB 1437 - Budget Bill Transparency. I w appreciate your efforts to ensure transparency in government and to earning the trust of o the public and confidence in the State of California. Please do not hesitate to contact me a at(909)384-5333 if I can be of further support on this issue. In `O `m Sincerely, m JOHN A. V ee IA,II a Council Mehird Wa rd d E U A V c t Wrm .k&cWmCU M%#2-no 1437 w.m.vi2 M-(r R 10 Ulle,or5tygon eo, PacketPg.689 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO IN SUPPORT OF AB 1437 BUDGET TRANSPARENCY,AN 3 ACT TO ADD SECTION 9518 TO THE GOVERNMENT CODE,RELATING TO 4 THESTATEBUDGET 5 WHEREAS,Assemblyman Mike Morrell introduced AB 1437 on January 4,2012; 6 and rn 7 WHEREAS, under the existing California Constitution, a bill must be read by title 3 m 8 times in each house and a bill with amendments must be printed and distributed to the t0 9 members of each house before it may be passed;and w 0 10 M WHEREAS,this bill would provide that no vote may be taken in either house of the 5 11 Legislature on the Budget Bill or other bills providing for appropriations related to the Budget 12 Bill,as defined in the California Constitution,until those bills have been made available to the 13 public for 3 days on a publicly available Internet Web site;and m �j 14 a �+ I S WHEREAS,Assemblyman Mike Morrell seeks local support of AB 1437. 'v m 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a 17 COUNCIL OF THE CITY OF SAN BERNARDINO: 18 c 19 SECTION 1. The Mayor and Common Council of the City of San Bernardino support E 20 AB 1437, an act to add Section 9518 to the Government Code,relating to transparency in the 0 21 adoption of the State Budget, and authorize Councilmember John Valdivia to send a letter on c d 22 behalf of the City of San Bernardino supporting the passage of AB 1437. E u 23 24 J/! 25 26 27 28 O 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO IN SUPPORT OF AB 1437 BUDGET TRANSPARENCY,AN 4 ACT TO ADD SECTION 9518 TO THE GOVERNMENT CODE,RELATING TO THE STATE BUDGET 5 d 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 m Common Council of the City of San Bernardino at a meeting thereof,held on y 8 0 9 the_day of 2012,by the following vote,to wit: 0 10 m 11 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT d 12 MARQUEZ Of 13 JENKINS m 14 a 15 VALDIVIA m 'v 16 SHORETT 17 KELLEY I 18 j JOHNSON c c 19 E MCCAMMACK � 20 0 a 21 Gerogeann Hanna,City Clerk `m 22 City of San Bernardino r 23 The foregoing resolution is hereby approved this_day of .2012. a 24 25 Patrick J. Moms,Mayor 26 City of San Bernardino Approved as to form: 27 JAMES F.PENMAN,City AttAme 28 By: ; O PacketPg.691