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HomeMy WebLinkAbout04.A- City Clerk 3.A DOC ID: 3302 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Georgeann "Gig? Hanna M/CC Meeting Date: 06/17/2014 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£ «Inert 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. I Mayor to open the hearing... Motion: Continue the public hearing to July 17, 2014 at 4:00 p.m. for further discussion. 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. i 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: 6/13/2014 by Jolena E. Grider C I Packet Pg. 178 3.A 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 1_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) II �I I I Updated: 6/13/2014 by Jolena E. Grider C Packet Pg. 179 PROPOSED BALLOT ITEM 1 0 m a Amend Article III, Section 40, by adding subsection (bb): N L d (bb) Construction and Interpretation. The language contained in this Charter is E intended to be permissive and enabling rather than restrictive or limiting, and c 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. L O W W _ E _ d E a L d U m .N N O a o 0 M L N _ O U N O M M _ R _ W I T E _w O m d O Q O L _ C�C G V V a Packet Pg. 180 3.A.b PROPOSED BALLOT ITEM 2 0 4- Amend Article VII, Section 120, to read as follows: m 0 Section 120. Initiative, Referendum and Recall. i 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 z 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 provisions of the Elections Code are not in conflict with the provisions of this ° Charter. a� E _ Repeal Article VII, Section 121 (Referendum) E a L Repeal Article VII, Section 122 (Recall) r U m .N N O a w O O r L d .N _ O U N O M M tC V d I N E d r.+ r O m d N O a O L a m E w a Packet Pg. 181 3.A.c PROPOSED BALLOT ITEM 3 0 Amend Article X, Section 186, to read as follows: 0 N Section 186. Salaries. The safety of the people in the City is a highest priority of its government. Compensation of police, fire and emergency safety personnel E shall be set by resolution of the Council after collective bargaining as appropriate c under applicable law, as it does for other City employees. z a� s L 0 w N r.+ _ O E _ d E Q L U a> �N N O d O _ O M L d .N _ Q U N O M M O r M E r+ _O N m O N O C. O L a m E s Q Packet Pg. 182 3.A.d PROPOSED BALLOT ITEM 4 0 m O N L # Repeal Article XI (School Districts) d 0 z d r L 0 w m E O E Q L a� c� U m N 0 O CL 4- O _ O w �a L d .N _ 0 v N O M M w U �L V 0 O V N E bd O W 0 0- O L a m E U R a Packet Pg. 183 3.A.e PROPOSED BALLOT ITEM 5 , m 4- Amend Article XIII, Section 254 (Civil Service Discharge or Reduction of N L Compensation) E a� Section 254. Discharge or Reduction of Compensation. No employee in the o classified service shall be suspended, discharged or reduced in classification for disciplinary reasons until the employee has been presented with the reasons for L such action specifically stated in writing. The reason for such discharge or w reduction and any reply thereto by the employee, shall be filed in writing with the Civil Service Board. E a L L U m .Q N O a 0 L .N O U N O M M d V L U I d O R m .a d O Q. O L a c m E t a Packet Pg. 184 Entered 1 to R1�1 MCC Mtg. `�' / Statement to the City Counwj C Agen da Ite No- Mayor and Members of the City Council, I'm asking y&W10PPOSE the repeal of Charter Section 186. City of San Bernardino I have been honored to host a number of Community Town Hall meetings across our city to provide San Bernardino residents with honest, unfiltered information about our city fire and paramedic services. Mayor Davis and Councilmembers Nickel, Valdivia and Johnson have attended some of these community Town Halls. Due to our geographic location next to the mountains, and our high population density as an urban community, San Bernardino faces the widest range of fire service needs of virtually any city in the Inland Empire. Our Town Hall meetings have highlighted the outstanding quality and cost effectiveness of these services for the taxpayers. I am very concerned that repealing Section 186, and farming out our city paramedic services to lower quality private vendors, will create significant health care problems for San Bernardino's senior citizens. Our seniors depend on quick response times for health care emergencies. Repealing Section 186, so that the city can contract out paramedic services and close neighborhood fire stations, will put the safety of our seniors at risk. Repealing section 186 would be bad for our seniors, bad for our families with young children and bad for our entire community. Mr. Mayor and Councilmembers, the citizens of San Bernardino are looking for you to protect us. Don't jeopardize our safety just to send a political message to the city's police and firefighter unions. I urge you to vote NO on the repeal of Section 186.