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HomeMy WebLinkAbout1992-027 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-27 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. Resolutions No. 92-22, 92-23, 92-24, 92-25 and 92-26, have been adopted by the Mayor and Common Council of the City of San Bernardino on this date, January 23, 1992, submitting to the electors of the City of San Bernardino proposed Charter Amendments, copies of which are attached hereto as Exhibits A, B, C, D, and E, and are hereby incorporated herein as though fully set forth. B. It is desirable that the special municipal election to consider said proposed Charter Amendment be consolidated with the primary election conducted by the County of San Bernardino on Tuesday, June 2, 1992; that within the City of San Bernardino the precincts, polling places and election officers for the two elections be the same; that the Board of Supervisors of the County of San Bernardino canvass the returns of the City election; and that the primary election and the special municipal election be held in all respects as if there were only one election. SECTION 2. Special Municipal Election Called. A special municipal election is called and will be held in the City of San Bernardino on Tuesday, June 2, 1992, for the purpose of submitting to the qualified electors of the City, for their approval or . . 1 disapproval, the proposed Charter Amendments set forth in Exhibits 2 A, B, C, D, and E attached hereto. 3 SECTION 3. Request for Consolidation of Elections. 4 Pursuant to Section 23302 of the Elections Code, the Mayor and 5 Common Council of the City of San Bernardino request that the 6 Board of Supervisors of the County of San Bernardino consolidate 7 the City's special municipal election with the primary election to 8 be held on Tuesday, June 2, 1992. 9 SECTION 4. Measures. The measures to be voted on at the 10 special municipal election as they are to appear on the ballot 11 shall be as follows: 12 A. 13 14 MEASURE APPROVES A CHARTER AMENDMENT TO GIVE THE COMMON COUNCIL, IN ADDITION TO THE MAYOR, THE POWER TO DISMISS OR SUSPEND CITY EMPLOYEES FOR CERTAIN SPECIFIED REASONS, TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND REQUIRING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR FOR THE AMENDMENT 15 16 17 18 19 B. AGAINST THE AMENDMENT 20 MEASURE APPROVES A CHARTER FOR THE 21 AMENDMENT TO GIVE THE COMMON COUNCIL AMENDMENT THE AUTHORITY TO OVERRIDE AN EXECUTIVE 22 ORDER OF THE MAYOR BY 2/3 VOTE AGAINST THE AMENDMENT 23 24 25 26 27 28 C. MEASURE APPROVES A CHARTER AMENDMENT PROVIDING THAT THE COMMON COUNCIL SHALL SELECT A CHAIR WHO SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL FOR THE AMENDMENT AGAINST THE AMENDMENT DAB/js/Duties.Res 2 1 D. 2 3 4 MEASURE APPROVES A CHARTER FOR THE AMENDMENT SETTING THE SALARY OF THE AMENDMENT MAYOR AT 60% OF THAT FOR A MUNICIPAL COURT JUDGE AGAINST THE AMENDMENT 5 6 E. 7 8 9 10 11 MEASURE . APPROVES A CHARTER FOR THE AMENDMENT CHANGING THE DATES OF THE AMENDMENT CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS AGAINST THE ASSUME OFFICE COMMENCING IN 1995 AMENDMENT The measures shall be designated on the ballot by a letter 12 printed on the left margin of the square containing the 13 description of each of the measures as provided in the Elections 14 Code of the State of California. 15 SECTION 5. Canvass of Returns by Board of Supervisors. The 16 Board of Supervisors of the County of San Bernardino is hereby 17 authorized to canvass the returns of the special municipal 18 election called by this resolution and to conduct the special 19 election and the primary election in all respects as if there were 20 only one election with only one form of ballot. Results of the 21 municipal election shall be certified to the Mayor and Common 22 Council of the City of San Bernardino. 23 SECTION 6. Notice of Election. The City Clerk is hereby 24 directed to publish a notice of the municipal election which shall 25 contain the following: 26 A. The date of the election; 27 B. That the last day for receipt of primary arguments for 28 or against the measure has been established as 4:30 p.m. on DAB/js/Duties.Res 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 3. in the City Clerk's office, Second Floor, City Hall, 300 North "0" Street, San Bernardino, California; C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on Mrlr~n In , in the City Clerk's office at the above location. The City Clerk is directed to accept arguments and arrange for sample ballots, which shall include the text of the proposed Charter Amendments, in accordance with Section 5010, et seq., and Section 5350 of the Elections Code. This notice may be combined with a notice of any other special municipal election to be held on the same date. SECTION 7. Conduct of Election. The special municipal election called by this resolution shall be held in such precincts and at such polling places as shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding of the consolidated election. The Mayor is hereby authorized to execute a contract for the services necessary for conducting the municipal election. SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is directed to file a certified copy of this resolution with the Board of Supervisors of the County of San Bernardino. III III III III OAB/js/Outies.Res 4 , 1 2 3 4 5 6 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San adjourned regular meeting thereof, held on the 23rd Bernardino at a n 7 day of Janua~y , 1992, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~~~/ * _-e 9 ':he foregoing resolution is here y ~iS ,;;J 7 ..x...-"Kl...i/IA ,1992. j d day of Approved as to form and legal content: *Most of the Charter Amendments set forth in this resolution had little or no public input, and brings on an unnecessary and costly election that could easily have been avoided, and none of the Charter Amendments save money but wi 11 result in a large public expenditure by the City of San Bernardino and there are other high priorities that cannot be funded. JAMES F. PENMAN, City Attorney 1 () (. . -L,L'1....'....~l.t. j DAB/js/Duties.Res 5 PROPOSED CHARTER AMENDMENT NO. Additions Section 38. power of Council to Dismiss. Notwithstanding the provisions of sections 52 and 256, the Common Council shall have the power to discharge any City appointive officer or employee, for dereliction, neglect or non- performance of duty, except employees in the classified service, arid may suspend any employees in the classified service pending a hearing before the Civil Service Board Any appointive officer or employee of the City of San Bernardino, except officers appointed for a definitive term, and except deputies, assistants, clerks, employees and attaches holding office at the pleasure of an elective officer, may summarily be dismissed for the good of the service by the Common Council upon two-thirds (2/3) vote." "Section 51. Appointments and vacancies. The Mayor, with the consent and approval of the Common Council, shall appoint all offices, and fill all vacancies in an elective office not otherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an Deletions Exhibit "A" elective office, shall the officer hold offioe beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be filled by the Common Council by a majority vote, and the appointee shall hold office for the unexpired term. Unless otherwise provided by law or in this charter, the Mayor with the oonsent and approval of the Common Counoil, shall appoint members to all City Boards, Commi ttees and Commissions. Unless otherwise specifically provided by law Or in this Charter, the Mayor with approval of the Common Councilor the Common Counoil by 5/7th vote may remove any appointee on any City Boards, Committees, or Commissions. As used herein, "City Boards, Committees and Commissions" shall not include Ci ty Boards, Committees and Commissions made up entirely of members of the Common Council. Unless otherwise specifically provided by law, nominations for the City's representatives for a joint powers, regional Or other multi- j urisdiotional board or commission may be made by the Mayor or any Councilmember at a regular Exhibit "A" or special meeting of the Common Council. Final appointment shall be subject to the approval of a two-thirds vote of the Council. Replacement of a City representative on such joint powers, regional or other multi- jurisdictional board or commission may be made by the nomination and approval of a new representative without formal removal proceedings. "Section 90 City Administrator. The Mayor and Common Council shall by ordinance establish the office of City Administrator. Said ordinance shall provide that the Ci ty Administrator shall have specific supervision over all appointed department heads and that the Mayor has speoific supervision over the City Administrator. The ordinance shall provide that the Mayor may discharge the City Administrator without cause with the approval of the Common Council, and that the Common Council may discharge the City Administrator on its own motion by a 5/7 vote. Said ordinance shall provide that "Mayor" as used in Sections 52 and 256 of this Charter relating only to the power to discharge and suspend City employees, shall mean "City Exhibit "A" Exhibit "A" PROPOSED CHARTER AMENDMENT NO. ~ Exhibit "B" PROPOSED CHARTER AMENDMENT NO. Deletions "Section 36 ~ preside - Absence of Mayor The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote. In the absence of the Mayor, the Common Council may choose one of their own member to preside who shall retain the right to vote upon all questions under consideration, and shall have the same power to disapprove any order made by the Common Council, and with like effect as the Mayor would have had if present at this 1Ilm'I.!Ii!l. In case of a vacancy in office, or if by reason of absence from the City, or sickness, or from any other cause, the Mayor is unable to perform the duties of such office, the Council shall appoint one of their own Exhibit "c" number Mayor pro tempore who shall have all the powers and authority which the Mayor would have possessed if personally present and attending to such duties, but such Mayor pro tempore shall not lose his vote as councilman " Exhibit "c" PROPOSED CHARTER AMENDMENT NO. ~ "Section 24. Salary of Mayor. The office of Mayor shall be a full time position and the incumbent shall not engage in any business, professional or occupational activities which interfere with the discharge of the duties of such office. The salary of the Mayor Shall be set by the Common Council, provided that the salary shall not be reduced during the term of any incumbent except by the affirmative vote of five councilmen; nor shall it be increased at any time except after the approval of the proposed increase by a majority of the electors voting at a citywide ~. Exhibit "0" PROPOSED CHARTER AMENDMENT NO. ~ Section 10. Primary and General Election. A Primary election shall be held in said City on the first Tuesday after the first Monday in March of each odd numbered year, for the nomination of candidates to be elected at the ensuing general election, and a general election shall be held in said City on the first Tuesday in May of each odd numbered year, for the election of City Officers. Said election shall be conducted in the manner provided for by general law; provided, however, that the Mayor and Common Council shall have power, by ordinance, to provide for the manner of holding such election. Exhibit "E" Section 10-A. Election to office. Any candidate for a judicial, school or any City office who at a primary election shall receive votes on a majority of all the ballots cast for candidates for the office for which such candidate seeks nomination, shall be elected to such office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving such majority, and equal in number to the number to be elected. Section 13. Officers elected. There shall be elected at the general election in ~ i!lQQ8, and every fourth year thereafter three members of the Common Council, one each from the First, Second and Fourth Wards, who shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the Exhibit "E" office and who shall be elected by the qualified electors of their respective wards for terms of four years commencing on the first Monday in ~ next succeeding their elections. Section 14. Officers and terms. There shall be elected at its general election in ~ and every fourth year there- after, four members of the Common Council, one each from the Third, Fifth, Sixth and Seventh wards, who shall have been qualified electors and residents of their respective wards for at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards, a City Attorney, City Clerk and City Treasurer elected at large who shall hold office for terms of four years from and after the first Monday in ~ and next succeeding their elections. There shall be elected at the general election in IIlIil il.:99S and every fourth year thereafter, a Mayor who shall be elected at large for a term of four years commencing on the first Monday in ~ next Exhibit "E" r succeeding such election. Exhibit "E"