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RESOLUTION (ID#3431) DOC ID: 3431
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Jolena E. Grider M/CC Meeting Date: 08/07/2014
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Proposing an
Amendment to the Charter of Said City Relating to Civil Service Discharge or Reduction of
Compensation; And Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment Relating to
Civil Service Discharge or Reduction of Compensation and Requesting that Said City of San
Bernardino's Special Municipal Election be Consolidated with the November 4, 2014 Statewide
General Election Conducted by the County of San Bernardino. (#3431)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
i
Balance as of. «Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolutions.
Synopsis of Previous Council Action:
Resolution 2014-59,passed unanimously and signed on March 17, 2014, authorized the
formation of a Volunteer Citizen-Based Charter Review Committee,which was to review the
Charter for the City of San Bernardino and present its recommendations to the Mayor and
Common Council in a time frame that allowed the placement of proposed amendments on the
November 2014 statewide ballot, should the council choose to. The Committee presented its
findings and recommendations to the Council at its May 6, 2014 meeting.
State law requires that any Charter amendment be discussed at two public hearings, set a month
apart, after at least three weeks'notice to the public.
The public hearings were held on June 17 2014 and July 17, 2014. The vote on whether to
submit anything to the voters would have to occur no earlier than August 7, 2014 and the
deadline to submit it to the County for inclusion on the November ballot is August 8, 2014.
Background:
Updated: 8/4/2014 by Linda Sutherland Packet Pg. 25
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3431
Pursuant to California Constitution Article 11, §3,the governing body may propose a charter or
revision, amendment or repeal. Government Code §34458 provides that prior to approving the
submission to the voters of a charter amendment, the governing body shall hold at least two
public hearings on the matter of the amendment and the content of the proposed amendment.
Notice of said public hearings is required to be given at least 21 calendar days prior to the date of
each public hearing. The second public hearing is required to be held at least 30 days after the
first public hearing. The governing body cannot conduct a vote on whether to approve the
submission to the voters until 21 days after the second public hearing. The proposal would have
to be submitted to the County Registrar of voters 88 days prior to the November election.
Cost of Ballot Measures
The cost for an argument-in-favor and a rebuttal of the argument for a council-submitted ballot
measure is paid by the city. The rate is 3-cents-per-registered voter. At the current city-wide
registration of about 77,300 (as of April 2014), the approximate cost for each ballot item is
$4,640.
The anticipated cost of an election was budgeted for and approved under the City Clerk's budget
for 2014-15.
City Attorney Review:
Supporting Documents:
Reso3431 a (PDF)
3431b (PDF)
Updated: 8/4/2014 by Linda Sutherland Packet Pg. 26
2.C.a
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY
4 RELATING TO CIVIL SERVICE DISCHARGE OR REDUCTION OF
COMPENSATION.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. Recitals.
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9 a) In accordance with the Constitution of the State of California, the City of San p
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10
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Bernardino, a municipal corporation,has adopted a Charter.
11 b) The Mayor and Common Council of the City of San Bernardino desire to submit to E
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12 the electors a Charter Amendment set forth below in bold type in this resolution. E
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SECTION 2. Submittal to Electors. The following proposed amendment set forth in N
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15 bold type tot the Charter of the City of San Bernardino is submitted to the qualified electors of °
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16 the City of San Bernardino for their approval or rejection at the consolidated municipal election
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1 to be held on Tuesday,November 4, 2014. i4
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PROPOSED CHARTER AMENDMENT NO. r°n
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2 o It is proposed that Section 254 of the Charter of the City of San Bernardino be amended a
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21 by replacing the current language to read in its entirety as follows:
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22 Section 254. Discharge or Reduction of Compensation. No employee in the
23
classified service shall be suspended, discharged or reduced in classification for
24
25 disciplinary reasons until the employee has been presented with the reasons for such
26 action specifically stated in writing. The reason for such discharge or reduction and any
reply thereto by the employee, shall be filed in writing with the Civil Service Board.
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Packet Pg. 27
2.C.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY
2 RELATING TO CIVIL SERVICE DISCHARGE OR REDUCTION OF
3 COMPENSATION.
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 thereof, held on
the day of , 2014,by the following vote,to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT p
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10 MARQUEZ C14
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11 BARRIOS E
12 VALDIVIA
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SHORETT
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NICKEL 0
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16 JOHNSON Cl)
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17 MULVIHILL
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19 Georgeann Hanna, City Clerk
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20
The foregoing Resolution is hereby approved this day of , 2014. E
21 U
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23 R. Carey Davis, Mayor
City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26
27 By:
28
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Packet Pg. 28
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2.0.b
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED
4 CHARTER AMENDMENT RELATING TO CIVIL SERVICE DISCHARGE OR
REDUCTION OF COMPENSATION AND REQUESTING THAT SAID CITY OF SAN
5 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 4, 2014 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. Recitals. o
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a) In accordance with the Constitution of the State of California, the City of San No
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12 Bernardino, a municipal corporation,has adopted a Charter.
13 b) The Mayor and Common Council of the City of San Bernardino desire to submit to Q
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14 the electors a Charter Amendment concerning civil service discharge or reduction of w
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compensation. a
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17 SECTION 2. Special Municipal Election Called. A special municipal election is M
18 hereby called and will be held in the City of San Bernardino on Tuesday, November 4, 2014, M
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19 for the purpose of submitting to the qualified electors of the City, for their approval or
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disapproval,the proposed Charter Amendment as set forth in Exhibit"A" attached hereto.
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22 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
23 California Elections Code, the Mayor and Common Council of the City of San Bernardino
24 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
25 special municipal election with the statewide general election to be held on November 4, 2014.
26
27
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Packet Pg. 29
1 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
2 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
3
be closed, except as provided in Section 14401 of the California Elections Code.
4
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SECTION 4. Measure. The measure to be voted on at the consolidated special
6 municipal election as it is to appear on the ballot shall be as follows:
7 MEASURE Approve a Charter
8 Amendment to replace the language in Section For the Amendment
254 with language providing that the
9 suspension, discharge or reduction in
classification be immediate upon written Against the Amendment Iq
10 notice given to the employee. N
11 The measure shall be designated on the ballot by a letter printed on the left margin of w°
12 the square containing the description of the measure as provided in the California Elections
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Code. �
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SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San o
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j Bernardino is hereby authorized to canvas the returns of the special municipal election in all °-
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17 respects as if there were only one election with only one form of ballot. Results of said special M
la election shall be certified by the Mayor and Common Council of the City of San Bernardino. M
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SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
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21 of the special municipal election which shall contain the following:
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22 A. The date of the election;
23 B. The hours the polls will be open;
24 C. That the last day for receipt of primary arguments for or against the measure has
25
26 been established as 5:00 p.m. on August 21, 2014 in the City Clerk's Office, Second
27 Floor, City Hall, 300 North"D" Street, San Bernardino, California;
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Packet Pg. 30
1 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 2, 2014
2 in the City Clerk's Office at the above location.
3
The City Clerk is directed to make arrangements to accept arguments and to arrange for
4
5 sample ballots, which shall include the text of the proposed Charter Amendment, in accordance
6 with the California Elections Code. This notice may be combined with a notice of any other
7 municipal election to be held on the same date.
8
SECTION 7. Conduct of Election. The special municipal election so called shall be
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held in such precincts and at such polling places as shall be determined by the Registrar of �
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11 Voters of the County of San Bernardino. The Board of Supervisors of the County of San °
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12 Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
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13 necessary for the holding of the consolidated election. The City Manager is hereby authorized q
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to execute a contract for services necessary for conducting the special municipal election. The
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City of San Bernardino recognizes that additional costs will be incurred by the County by a
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17 reasons of this consolidation and agrees to reimburse the County for any such costs.
18 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is M
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directed to file a certified copy of this Resolution with the Board of Supervisors of the County
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21 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters. v
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22 SECTION 9. Transmission of Proposed Charter Amendment Pursuant to the
23 California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter
24 Ballot Measure, and all other necessary documents, to the Office of the City Attorney for
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purposes of preparation of an Impartial Analysis.
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Packet Pg. 31
2.C.b
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED
2 CHARTER AMENDMENT RELATING TO CIVIL SERVICE DISCHARGE OR
3 REDUCTION OF COMPENSATION AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
4 THE NOVEMBER 4, 2014 STATEWIDE GENERAL ELECTION CONDUCTED BY
THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof, held on
8 the day of , 2014,by the following vote, to wit:
a
9
Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ 2
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12 BARRIOS E
13 VALDIVIA Q
14
SHORETT 'N
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15 0.
NICKEL a
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17 JOHNSON M
18 MULVIHILL M
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20 Georgeann Hanna, City Clerk E
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21 The foregoing Resolution is hereby approved this day of 12014. Q
22
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28 By.
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