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
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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 ///