HomeMy WebLinkAbout2001-242
(See Companion Resolution 2001-241)
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RESOLUTION NO. 2001-242
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF
3 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE
OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
4 ANALYSIS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recital.
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Resolution No. 2001-242 has been adopted by the Mayor and Common Council
A.
9 of the City of San Bernardino on the date of July 23. 2001
,submitting to the electors of the
10 City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as
II Exhibit A and is hereby incorporated herein as though fully set forth.
12 SECTION 2. Request for Consolidation of Elections. Pursuant to Section 10400 of the
13 Elections Code, the Mayor and Common Council of the City of San Bernardino have previously
14 requested by Resolution No. 2001-130 that the Board of Supervisors of the County of San
15 Bernardino consolidate the City's primary election with the election to be held on Tuesday,
16 November 6,2001.
17 SECTION 3. Measure. The measure to be voted on at the consolidated primary election
18 as it is to appear on the ballot shall be as follows:
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MEASURE
. Approve a Charter Amendment to
specifically state that the recommendation and written For the Amendment
consent of the City Attorney is required before the Mayor
and Common Council can employ and engage legal counsel Against the Amendment
and the services of such other assistants.
25 The measure shall be designated on the ballot by a letter printed on the left margin of the
26 square containing the description of the measure as provided in the Elections Code of the State of
27 California.
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2001-242
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF
2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE
OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
3 ANALYSIS
4 SECTION 4. Canvass of Returns. Pursuant to Resolution No. 2001-130, the Registrar
5 of Voters of the County of San Bernardino has been authorized to canvass the returns of the
6 consolidated primary election and to conduct the consolidated primary election in all respects as
7 if there were only one election with only one form of ballot. Results of said municipal election
8 shall be certified to the Mayor and Common Council of the City of San Bernardino.
9 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice
10 of the municipal election which shall contain the following:
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A.
B.
The date of the election and the hours the polls will be open.
That the last day for receipt of primary arguments for or against the measure has
13 been established..!s ';:00 p.m. on August 17, 2001 in the City Clerk's Office, Second Floor, City
14 Hall, 300 North "D" Street, San Bernardino, California.
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C.
That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 24,2001
16 in the City Clerk's office at the above location.
17 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall
18 also include the text of the proposed Charter Amendment, in accordance with the Elections Code.
19 This notice may be combined with a notice of any other municipal election to be held on
20 the same date.
21 SECTION 6. Conduct of Election. Pursuant to Resolution No. 2001-130, the consolidated
22 primary election shall be held in such precincts and at such polling places as shall be determined
23 by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the
24 County of San Bernardino has been requested to issue instructions to the Registrar of Voters to
25 take all steps necessary for the holding of the consolidated election. The Mayor has been
26 authorized to execute a contract for the services necessary for conducting said municipal election.
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IITC/js [4CHARTER.RES]
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2001-242
I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF
2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE
OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
3 ANALYSIS
4 SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is
5 directed to file a certified copy of this resolution with the Board of Supervisors of the County of
6 San Bernardino.
7 SECTION 8. Transmission of Proposed Charter Amendment. Pursuant to the State of
8 California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter
9 Ballot Measure, and all other necessary documents, to the Office of the City Attorney for purposes
10 of preparation of an Impartial Analysis.
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HTC/js [4CHARTER.RES] 3
2001-242
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF
2 LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE
OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
3 ANALYSIS
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular
meetin
6 thereof held on the 23rd day of July ,2001, by the following vote, to wit
,
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA x
9 LIEN x
10 MCGINNIS x
II SCHNETZ x
12 SUAREZ x
13 ANDERSON x
14 MCCAMMACK x
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CITY CLERK
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The foregoing Resolution is hereby approved this ~Gn.
July
, 2001.
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22 Approved as to form and
legal content:
JAMES F. PENMAN
24 City Attorney
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HTCljs [4CHARTER.RES]
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(See Companion Resolution 2001-242)
Exhibit IIA"
RESOLUTION NO. --1QQ1-241_
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
3 EMPLOYMENT OF LEGAL COUNSEL
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of California. the City of San
Bernardino, a municipal corporation, has adopted a Charter.
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(b) The Mayor and Common Council of the City of San Bernardino desire to submit to
the electors the Charter Amendment set forth below in bold type in this resolution.
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SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold
type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City
of San Bernardino for their approval or rejection at the consolidated municipal election to be held
on Tuesday, November 6, 2001.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 241 of the Charter of the City of San Bernardino be amended by
adding the additioufll opening phrase in bold type so that the entire Section would now read as
follows:
Section 241. Employment of Legal Counsel. Upon the
recommendation, and with the written consent, of the City
Attorney, the Mayor and Common Council shall have power and
authority to employ and engage such legal counsel and services and
other assistants, as may be necessary and proper for the interest and
benefit of the City and the inhabitants thereof.
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2001-241
Exhibit "A"
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
2 EMPLOYMENT OF LEGAL COUNSEL
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
joint regular
meetin
6 thereof, held on the 23 rd day of
AYES
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
II SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
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Approved as to form and
23 legal content:
July
,2001, by the following vote, to wit
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
,
/""7'" )',,,,j,.^., jrr
.-/'1/ ~ }-i"_f~ iii' _ . iJi_;,/~\./..L::l' r:
CITY CLERK I
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The foregoing Resolution is hereby approved this ;. '= 1 day of
/
/
24 JAMES F. PENMAN,
City Attorney
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26 By: L
o
Ju1v
, 2001.
I
i,/ ,.- _ 'y
. ,Cr:.. ({ (
JUQITH"'VALLES, i\.)ayor
Cay of San Bernardino
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