HomeMy WebLinkAbout04.A- City Clerk DOC ID: 3302 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 07/17/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Discussion of Proposed Ballot Items for Charter Amendments to be Placed on the November
2014 Ballot. (#3302)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as o£ <<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.
The hearing remains open...
Motion: Close the hearing; and continue to August 7, 2014.
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 have been set for 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:
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
Updated: 7/14/2014 by Linda Sutherland C I Packet Pg. 5
3302
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.
Supporting Documents:
Proposed Ballot Item l Enabling (PDF)
Proposed Ballot Item 2_Recall (PDF)
Proposed Ballot Item 3_186 (PDF)
Proposed Ballot Item 4_SchoolDistrict (PDF)
Proposed Ballot Item 5_CivilService (PDF)
Updated:7/14/2014 by Linda Sutherland C Packet Pg. 6
PROPOSED BALLOT ITEM 1
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Amend Article III, Section 40, by adding subsection (bb): N
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(bb) Construction and Interpretation. The language contained in this Charter is E
intended to be permissive and enabling rather than restrictive or limiting, and o
shall be liberally and broadly construed in favor of the exercise by the City of its z
power to govern with respect to any matter which is a municipal affair.
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PROPOSED BALLOT ITEM 2
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Amend Article VII, Section 120, to read as follows: m
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Section 120. Initiative, Referendum and Recall. N
There are hereby reserved to the electors of the City the powers of the initiative
and referendum and of the recall of municipal elective officers. The provisions of
the Elections Code of the State of California, as the same now exist or hereafter 0
may be amended, governing the initiative and referendum and the recall of
municipal officers, shall apply to the use thereof in the City so far as such L
provisions of the Elections Code are not in conflict with the provisions of this
Charter.
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Repeal Article VII, Section 121 (Referendum) E
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Repeal Article VII, Section 122 (Recall)
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Amend Article X, Section 186, to read as follows:
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under applicable law, as it does for other City employees. z
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Repeal Article XI (School Districts)
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PROPOSED BALLOT ITEM 5
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Amend Article XIII, Section 254 (Civil Service Discharge or Reduction of N
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Section 254. Discharge or Reduction of Compensation. No employee in the 'o
classified service shall be suspended, discharged or reduced in classification for a)
disciplinary reasons until the employee has been presented with the reasons for
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such 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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