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HomeMy WebLinkAbout02.A- Mayor's Office RESOLUTION(ID #2949) DOC ID: 2949 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: R. Carey Davis M/CC Meeting Date: 03/11/2014 Prepared by: Allen Parker, (909) 384-5122 Dept: Mayor's Office Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Formation of a Volunteer Citizen-Based Committee and Directing the City Manager to Initiate a Request for Qualifications for a Consultant Specializing in Charter Reform. (At Meeting of March 3, 2014, Item Continued to March 11, 2014) (#2949) Current Business Registration Certificate: Not Applicable Financial Impact: $30,000 to fund a Consultant specializing in Charter Reform. Funding to be pulled from General Fund cash balance. Motion: Adopt the Resolution. Statement of Issue: The Office of the Mayor has indicated a priority to establish a volunteer Citizen-Based commission for the purpose of reviewing and suggesting modifications and/or revisions to the City Charter to the Mayor and Common Council. Analysis: The Charter of the City of San Bernardino was last reformed in March of 2006. There have been several issues within the Charter that affect the financial status of our City and the way our City is governed. It has been stated by the community that change to the Charter is required to make our government function better. To that end,the Mayor has recommended a volunteer Citizens Commission be established to review our Charter and determine what changes should be recommended to our Mayor and Common Council. This Commission would be chaired by an expert in City Charters that would lead discussions and provide guidance to the commission. City Attorney Review: Supporting Documents: Resolution Establishing a Charter Reform Committee with CA Changes (PDF) reso 2949 (PDF) Updated:3/6/2014 by Georgeann"Gigi"Hanna D w .RLSRAINs LUCIA STERN, PC Roclme A.Lucia,Jr. Attorney at Law RLucia@RLS[awyers.com March 11,2014 VIA ELECTRONIC AND US MAIL Carey Davis,Mayor (Williams_yo @sbcity.org) Councilmembers: Virginia Marquez,Ward 1 (Council @sbcity.org) Benito J. Barrios,Ward 2 John Valdivia,Ward 3 Fred Shorett,Ward 4 Henry Nickel,Ward 5 Rikke Van Johnson,Ward 6 James Mulvihill,Ward 7 City of San Bernardino 300 North D Street San Bernardino,CA 92418 Re:Proposed Resolution for the Formation of a Charter Commission(Resolution#2949) Mayor Davis and City Councilmembers: This office is legal counsel to the San Bernardino Police Officers' Association (the "SBPOA") and as such they have requested that we correspond with you relative to the above referenced matter.The SBPOA has recently been made aware of the Mayor's and Council's efforts to adopt Resolution# 2949, seeking to establish a"Citizen-Based commission for the purpose of reviewing and suggesting modifications and/or revisions to the City Charter." The SBPOA has a number of concerns regarding this proposal's wisdom and legality. First, the Resolution as proposed is not in conformance with state law governing the establishment of citizen charter commissions. Existing city charters may be amended by citizen commissions pursuant to Government Code §§ 34450 through 34457. Notably, these statutes provide that commission members are"chosen by the voters of the city...at any general or special election"(Gov. Code §§ 34451, 34454),that the City Council must call such an election prior to any commissioner's appointment (Gov. Code § 34452), and that the voters must first decide whether or not to amend the existing charter (Gov. Code § 34453). Moreover, commission members must be"a registered voter of the city."(Gov. Code §34451.) C 800 N Haven Avenue I Suite 360 1 Ontario,CA 191764 1 T 909.509-50011 F 909.S09.5015 Ontario j Pleasant Hilt I Sacramento ( San Francisco I San Jose I Santa Rosa www.RLSlawyers.com Mayor Davis and Councilmembers March 11,2014 Page 2 As we understand the current proposal,the Mayor and City Council are seeking to appoint charter commission members, rather than have them elected (in contravention of the entire statutory scheme for charter commissions.)It also appears this appointed commission will include members who are not residents of the City, in violation of section 34451 ("owner or executive of a business located within the boundaries of the City,"and a"specialist in the area of City Charters and the Reformation process.")Regarding the designation"specialist,"the proposal calls for this commission member to be compensated,and thus presumably serving at the pleasure of the Mayor and Council. There is also no provision for asking the citizens of San Bernardino, in the first instance, whether to amend the Charter at all, seemingly in violation of section 34453. In short, Resolution#2949 is not in compliance with the statutory scheme governing the establishment of Charter Commissions. Of course,the Council may simply propose amendments to the City Charter directly, and ask City residents for an up or down vote on its proposals. (Gov. Code § 34455.) This at least would streamline the process, and provide more direct political accountability(or praise)for any proposed amendment's fate. Why this is not being done escapes our understanding. It is possible that the Mayor and Council are proposing the above Resolution as a kind of split-the-baby approach; directly proposing Charter amendments to City residents, but with the appearance of a collaboration between residents and elected leaders, or civic participation via the statutorily-envisioned charter commission. Of course, what is proposed here is not the charter commission envisioned, or authorized, by state law. Resolution # 2949 circumvents the exact components which make such a body"civic"or "participatory."City residents have no input on who sits on this commission,no input on whether amendments should be considered at all,and in fact,one member may not be a resident. Finally,the"specialist"consultant is not required to be a resident or have any familiarity with the City of San Bernardino. Such an approach falls short of even being fairly considered"citizen-based." Finally,the recent news that the proposed commission will now exclude any representation for the City's employees signals a lack of any meaningful attempt to fix this City's problems collaboratively among its stakeholders. The employees have as high a stake as anybody in this City's long-term fiscal health,and eagerly hope to work with elected leadership to accomplish this goal as promptly as possible.Making the decision to exclude their voice sends the wrong message. The SBPOA has every intention to work collaboratively with the City to identify and address Charter issues which may be an impediment to moving the City towards financial stability and growth. We had hoped to have an opportunity to engage in a process which emphasized community-based input rather than serve political expediency. However the Mayor and Council hope to move forward,know that the POA will do all that it can to ensure such steps are taken within the law in a collaborative manner. li Mayor Davis and Councilmembers March 11,2014 Page 3 Thank you for your attention to this matter and should you desire further clarification regarding the SBPOA's position,please feel free to contact this office. Sincerely, RAINS LUCIA STERN,PC /s/ Rockne A. Lucia, Jr. Rockne A. Lucia,Jr.,Attorneys for San Bernardino Police Officers Association cc: Gary D. Saenz,San Bernardino City,City Attomey; Steve Turner,President,SBPOA Allen Parker,City Manager,City of San Bernardino Jarrod Burguan,Chief of Police, City of San Bernardino Cheryl Weeks From: Gigi Hanna Sent: Tuesday, March 11,2014 9:52 AM To: Cheryl Weeks Cc: Linda Sutherland Subject: FW: Revised reso for Charter item _ Attachments: 4th Revised Resolution establishing a Charter Committee 3-10-14.doc Importance° High Cheryl: The attached document is an update to the back-up for today's item. It is a new resolution. Can you please make copies for the meeting? It has already been added to the agenda back-up posted online. Also, I was planning to make copies of Mr. Valdivia's proposal, unless you already have. Please let me know so we do not duplicate efforts. Thanks, Gigi From: Jolena Grider Sent: Monday, March 10, 2014 4:46 PM To: Gigi Hanna Cc: Carey Davis Subject: Revised reso for Charter item Gigi, Attached is a revised version of the reso for tomorrow's meeting. Please add it to the back up posted online and distribute to the council office for distribution. The only change that has been made is to the date that the committee is to report its initial findings. Jolena.E. Grider Senior Assistant City Attorney City of San Bernardino,City Attorney's Office 300 North"D" St., 6th Fl. San Bernardino, CA 92418 Phone: (909)384-5355/Fax: (909) 384-5238 Confidentiality Note:The contents of this e-mail message and its attachments,if any,are intended solely for the addressee(s)hereof and may constitute an attorney-client communication.If you are not the named addressee,or if you believe this message has been addressed to you in error,you are requested not to read,disclose,reproduce,distribute,disseminate or otherwise use this information. Delivery of this message to any person other than the intended recipient(s)is not intended in any way to waive confidentiality.If you have received this transmission in error,please alert the sender by reply e-mail.It is also requested that you immediately delete this message and its attachments,if any.Thank You. PDF DISCLAIMER:The PDF document(s),attached to this email,if any,may only be modified with our express written consent. Accordingly,any alterations,additions,or deletions to the same are hereby rejected absent said written consent.By executing the document(s),you are agreeing to the terms as stated in the attached document(s),without regard to any unauthorized alterations,additions or deletions that may be made to the document(s). 1 M/CC MEETING.- 03/11/2014 AGENDA ITEM: 2A REPLACEMENT PAGES 1 , 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE FORMATION OF A VOLUNTEER 4 CITIZEN-BASED CHARTER COMMITTEE AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A 5 CONSULTANT SPECIALIZING IN CHARTER REFORM 6 7 WHEREAS, the City of San Bernardino is a Charter City and its governing document 8 is known heretofore as the Annotated Charter of the City of San Bernardino, State of 9 California(hereafter City Charter); and 10 WHEREAS, the last major reform of the City Charter became effective on the 6th of 11 March 2006; and 12 13 WHEREAS, is has been determined by the Mayor and Common Council of the City 14 of San Bernardino, at the request of the Mayor, that the City Charter requires reform to better 15 meet the needs of the residents and businesses of San Bernardino; and 16 WHEREAS, the current City Charter, as a blueprint for municipal governance, has 17 contributed to what has been labeled a dysfunctional form of government; and 18 19 WHEREAS, the Mayor and Common Council, at the request of the Mayor, believes 20 that reform of this City's governing document should be accomplished by the suggestion and 21 will of the people of San Bernardino. 22 WHEREAS, the intention of establishing this committee is for the committee to find 23 the best public policy and make recommendations to the Mayor and Common Council. 24 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of 25 26 the City of San Bernardino the following: 27 SECTION 1. That a volunteer Committee representative of the City of San 28 Bernardino be immediately established in the following manner: I A. The Committee shall consist of- 2 1. One member of the Business Community appointed by the Mayor. 3 Business Community shall, for the purposes of this resolution, be defined 4 as an owner or executive of a business located within the boundaries of the 5 City. 6 7 2. One resident appointed by the Mayor. Resident shall, for the purposes of r 8 this resolution, be defined as a person whose primary place of residence is 9 located within the boundaries of the City. � 10 3. Each member of the Common Council shall appoint one resident from their 11 respective Ward. 12 13 B. Once the Committee is formed, the members shall elect one of its members to 14 act as Chairman of the committee. 15 C. The Committee shall be advised by a recognized specialist in the area of City 16 Charters and the Reformation process as designated and hired, on a consulting 17 basis, in an amount not to exceed $30,000 unless a higher amount is authorized 18 19 by Council. 20 D. The City Attorney, or his designee, shall act in an advisory role to the 21 committee. 22 E. The Committee shall meet at designated times to allow for participation by its 23 members. The City Clerk shall notice such meetings and provisions allowing 24 special meetings to be called by the Chairman. 25 26 F. Notice of all meetings shall be given to each of the City's employee unions. 27 G. The Committee shall commence on March 31, 2014. 28 1 H. The Committee is directed to review all provisions of the Charter and to 2 consider the ramifications to the City and its residents for deletion and/or 3 modification of any provision. 4 1. The Committee is directed to consider any and all possibilities for reform, 5 including elimination of provisions. 6 7 J. The Committee is directed to find the best public policy and make 8 recommendations to the Mayor and Common Council. 9 K. The Committee shall provide recommendations on the revisions to the City's 10 Charter by a majority vote of its membership. 11 L. The Committee shall report its initial findings to the Mayor an provide such 12 13 recommendations on or before May 19, 2014. 14 SECTION 2. The Mayor and Common Council shall review the recommendations 15 provided by this Committee and may draft an amendment(s) to the Charter and may put 16 forward an additional Resolution seeking public input, debate and approval of the reforms to 17 the City's Charter for placement on the next ballot. 18 SECTION 3. The City Manager is hereby directed to initiate a Request for 19 20 Qualification (RFQ) to fulfill the obligations of Section 1(C) of this Resolution. 21 SECTION 4. The Director of Administrative Services is hereby directed to allocate 22 $30,000 in the FY 2013/14 Budget for Consultant services specializing in Charter Reform 23 from the general fund cash balance. 24 25 26 27 28 /// I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FORMATION OF A VOLUNTEER 2 CITIZEN-BASED CHARTER COMMITTEE AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A 3 CONSULTANT SPECIALIZING IN CHARTER REFORM 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 8 thereof, held on the day of , 2014, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 BARRIOS 12 VALDIVIA 13 14 SHORETT 15 NICKEL 16 JOHNSON 17 MULVIHILL 18 19 20 Georgeann Hanna, City Clerk 21 The foregoing Resolution is hereby approved this day of , 2014. 22 23 24 R. Carey Davis, Mayor City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 CITY CLERK John Valdivia, Councilman Amended Resolution to Include our Citizenry,Employees,and Public in the Charter Reform Process 3/11/2014 AMENDED RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FORMATION OF A VOLUNTEER CITIZEN-BASED CHARTER COMMITTEE AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A CONSULTANT SPECIALIZING IN CHARTER REFORM 1 WHEREAS,the City of San Bernardino is a Charter City and its governing document is known heretofore 2 as the Annotated Charter of the City of San Bernardino,State of California (hereafter City Charter); and 3 4 WHEREAS,the last major reform of the City Charter became effective on the 6th of March 2006; and 5 6 WHEREAS, our residents and business community are the primary purpose of our being as a city 7 government,we, as a civic minded elected body must assess is has been deteF,,,:Red by the Ma d F 8 GeMITIOR CeuReil of the City ef SaR BeFnalFdiRe, at the request of the Mayelc,that the City Charter, which 9 MAY requires reform to better align with the priorities of our community Meet the needs.,f the 10 residents .d h ofSaR Q & ' and 11 12 WHEREAS, 13 14 15 WHEREAS,the Mayor and Common Council, at the request of the Mayor, believes that reform of this 16 City's governing document should be accomplished by the suggestion and will of the people of San 17 Bernardino. 18 19 WHEREAS, the intention of establishing this committee is for the committee to find the best public 20 policy and make recommendations to the Mayor and Common Council. 21 22 NOW,THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of San Bernardino 23 the following: 24 SECTION 1.That a volunteer Committee representative of the City of San Bernardino be immediately 25 established in the following manner: 26 A.The Committee shall consist of: M/CC MEETING: 03111/2014 AGENDA ITEM: 2A I, r John Valdivia, Councilman Amended Resolution to Include our Citizenry,Employees,and Public in the Charter Reform Process 3/11/2014 1 1.One member of the Business Community appointed by the Mayor. Business 2 Community shall,for the purposes of this resolution, be defined as an owner or 3 executive of a business located within the boundaries of the City. 4 2. One resident appointed by the Mayor. Resident shall, for the purposes of this 5 resolution, be defined as a person whose primary place of residence is located within 6 the boundaries of the City. 7 3. Each member of the Common Council shall appoint one resident from their respective 8 Ward. 9 B. Once the Committee is formed,the members shall elect one of its members to act as 10 Chairman of the committee. 11 C.The Committee shall be advised by a recognized specialist in the area of City Charters and the 12 Reformation process as designated and hired,on a consulting basis, in an amount not to exceed 13 $30,000 unless a higher amount is authorized by Council. 14 D.The Committee shall provide recommendations on the revisions to the City's Charter by a••21-:�:- 15 v of-Pts membership. In the event of a tie vote,the Chairman of the Committee 16 ;;m shall cast a vote in favor or against such recommendation 17 E. The Committee shall report its findings to the Mayor and provide such recommendations on 18 or beforelmte4-3,2014. /4t`` I I ff 19 F.The City Attorney,or his designee,shall act in an advisory role to the committee. 20 G.The Committee shall meet at designated times to allow for participation by its Members and 21 the public.The City Clerk shall publicly notice such meetings 22 FneetiRgs te be called by the Chairman. OF the City Atterney. Every effort shall be made to 23 publicly notice the community in accordance with the Brown Act, including, but not limited to: 24 agenda, meeting times, and place along with follow-up summaries made available to the general 25 public and through available technologies (i.e. Online/web). Meetings and official proceedings 26 of this Commission shall be in a setting conducive to the public's participation and televised to 27 better inform the general public. 28 H. Notice of all meetings shall be given to each of the City's employee unions. 29 I.The Committee shall commence on March 31, 2014. 30 J.The Committee is directed to review all provisions of the Charter and to consider the 31 ramifications to the City and its residents for deletion and/or modification of any provision. 32 K The Committee is directed to consider any and all possibilities for reform, ' cluding 33 elimination of provisions. 34 L.The Committee is directed to find the best public policy and make ecommendations to the 35 Mayor and Common Council. f John Valdivia, Councilman Amended Resolution to Include our Citizenry,Employees,and Public in the Charter Reform Process 3/11/2014 1 M.The Committee s all pr vide rec4mendat n 'o t evisi,om to t�e.Cty's arter by�a °� 2 majority vote lbf its a ber§4ip. 3 N.The Committee shall report its initial findings to the Mayor and provide such 4 recommendations on or before May 19,2014. 5 SECTION 2.The Mayor and Common Council shall review the recommendations provided by this 6 Committee and may draft an amendment(s)to the Charter and may put forward an additional 7 Resolution seeking public input,debate and approval of the reforms to the City's Charter for placement S on the next ballot. 9 SECTION 3.The City Manager is hereby directed to initiate a Request for Qualification (RFQ)to fulfill the 10 obligations of Section 1(C)of this Resolution. 11 SECTION 4.The Director of Administrative Services is hereby directed to allocate$30,000 in the FY 12 2013/14 Budget for Consultant services specializing in Charter Reform from the general fund cash 13 balance. John Valdivia,San Bernardino City Councilman Amended Resolution to Include our Citizenry,Employees and Public in the Charter Reform Process March 3,2014 Item 6C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Formation of a Volunteer Citizen-Based Committee Ceffifnissien and Directing the City Manager to Initiate a Request for Qualifications for a Consultant Specializing in Charter Reform. (#2949) [Ward(s): All] Motion: Adopt the Amended Resolution. 1 2 RESOLUTION NO. 3 4 5 AMENDED RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AUTHORIZING THE FORMATION OF A 7 VOLUNTEER CITIZEN-BASED COMMITTEE AND DIRECTING 8 THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A 9 CONSULTANT SPECIALIZING IN CHARTER REFORM 10 11 WHEREAS,the City of San Bernardino is a Charter City and its governing document 12 is known heretofore as the Annotated Charter of the City of San Bernardino, State of 13 California(hereafter City Charter); and 14 15 WHEREAS,the last major reform of the City Charter became effective on the 6th of 16 March 2006; and 17 18 WHEREAS,our residents and business community are the primary purpose of our being as a 19 city government, we, as a civic minded elected body must assess �'.^S b°°^ detefmined by*he 20 the M/CC MEETING: 03/11/2014 AGENDA ITEM: 2A John Valdivia,San Bernardino City Councilman Amended Resolution to Include our Citizenry,Employees and Public in the Charter Reform Process March 3,2014 1 City Charter,which MAY requires reform to better align with the priorities of our community 2 meet the novas of toe fesi ents a-ad businesses of San Bern.n • and 3 4 WHEIIEAS;he event City Ghai4er-,-as-a bluepfiftt fef mtiaieipal gevcrnanEe, has 5 ; and 6 7 WHEREAS,the Mayor and Common Council, at the request of the Mayor,believes that reform 8 of this City's governing document should be accomplished by the suggestion and will of the 9 people of San Bernardino. 10 11 NOW,THEREFORE,BE IT RESOLVED, by the Mayor and Common Council of the City of 12 San Bernardino the following: 13 14 Section 1. That a volunteer Committee of the City of San 15 Bernardino be immediately established in the following manner: 16 17 A. The Committee Commission shall consist of: 18 1. One A member of the Business Community appointed by the Mayor. 19 Business Community shall, for the purposes of this resolution,be defined 20 as an owner or executive of a business located within the boundaries of the 21 City. 22 2. One A resident appointed by the Mayor. Resident shall, for the purposes 23 of this resolution, be defined as a person whose primary place of residence 24 is located within the boundaries of the City. 25 3. Each member of the Common Council shall appoint either a resident of 26 from their respective Ward. 27 4. Two residents appointed by a majority vote of the Common Council. 28 5. One Either-^ ehose" representative from the following employee 29 groups: of the San Bernardino Police Officers Association, of the San 30 Bernardino City Professional Firefighters' Association,and Of the General 31 Employees' Union. I John Valdivia,San Bernardino City Councilman Amended Resolution to Include our Citizenry,Employees and Public in the Charter Reform Process March 3,2014 1 6. The City Attorney or a designee of the Office of the City Attorney. 2 1 3 B. The Committee Commission shall be chaired by, and, a member of the 4 Commission appointed by the Mayor;the chair shall be a resident of the City of 5 San Bernardino. 6 Refeffnation..A recognized specialist in the area of City Charters should be a 7 consultant and, for all intents and purposes, be made available to the Committee 8 in an advisory role, , on a consulting basis, in an 9 amount not to exceed$30,000 unless a higher amount is authorized by Council. 10 11 C. The Committee weir shall meet at designated times to allow for 12 participation by its Members and the public. The City Clerk shall publicly notice 13 such meetings and provisions allowing speeial meetifi s to be called by the 14 Chairman. of the Gity Atterney. Every effort shall be made to publicly notice the 15 community in accordance with the Brown Act, including, but not limited to: 16 agenda, meeting times, and place along with follow-up summaries made available 17 to the general public and through available technologies (i.e. Online/web). 18 Meetings and official proceedings of this Committee shall be in a setting 19 conducive to the public's participation and televised to better inform the general 20 public. 21 22 D. The Committee In shall commence on March 31, 2014. 23 24 E. The Committee Gew.%issian is directed to review all provisions of the Charter 25 and to consider the ramifications to the City and its residents for deletion and/or 26 modification of any provision. 27 28 F. The Committee Comte is directed to consider any and all possibilities for 29 reform, including elimination of provisions. 30 John Valdivia,San Bernardino City Councilman Amended Resolution to Include our Citizenry,Employees and public in the Charter Reform Process March 3,2014 1 G. The Committee Commission shall provide recommendations on the revisions 2 to the City's Charter by a 2/3 vote of its membership. In the event 3 of a tie vote,the Chairman of the Committee Commission shall cast a vote in 4 favor or against such recommendation. 5 6 H. The Committee Commission shall report its findings to the Mayor and provide 7 such recommendations on or before June 13, 2014. 8 9 1. The Mayor and Common Council shall review the recommendations provided 10 by this Committee Commission and shall put forward an additional Resolution 11 seeking public input, debate and approval of the reforms to the City's Charter for 12 placement on the next ballot. 13 14 Section 2. The City Manager is hereby directed to initiate a Request for Qualification 15 (RFQ)to fulfill the obligations of Section 1(B) of this Resolution. 16 17 Section 3. The Director of Administrative Services is hereby directed to allocate 18 $30,000 in the FY 2013/14 Budget for Consultant services specializing in Charter 19 Reform from general fund cash balance. 20 21 Delete Section 4 Section 4. The Safi Bo.....afdine Peliee Offleo.., n s.,,.eiatio the San 22 ' Union shall pr-ovide 23 24 ,the Chief of Poliee of his 25 designee shall rill the position. 26 27 28 ///