Loading...
HomeMy WebLinkAbout1988-279 RESOLUTION NO. 88-279 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD GRANT THE CITY ATTORNEY THE AUTHORITY TO PROSECUTE CERTAIN VIOLATIONS OF STATE LAW WHICH ARE MISDEMEANORS OR INFRACTIONS AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE GENERAL 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. Resolution No. 88-278 has been adopted by the Mayor and Common Council of the City of San Bernardino on this date, July __27t~, 1988, submitting to the electors of the City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as Exhibit "A" and is 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 general election conducted by the County of San Bernardino on November 8, 1988; 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 general 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, November 8, 1988, for the purpose of 7-21-88 DAB:cm 1 ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 submitting to the qualified electors of the City, for their approval or disapproval, the proposed Charter Amendment set forth in Exhibit "A" hereto. SECTION 3. Request for Consolidation of Elections. Pursuant to Section 23302 of the Elections Code, the Mayor and Common Council of the City of San Bernardino request that the Board of Supervisors of the County of San Bernardino consolidate the City's special municipal election with the general election to be held on November 8, 1988. SECTION 4. Measure. The measure to be voted on at the special municipal election as it is to appear on the ballot shall be as follows: MEASURE . APPROVES A CHARTER AMENDMENT TO GRANT THE CITY ATTORNEY THE AUTHORITY TO PROSECUTE CERTAIN VIOLATIONS OF STATE LAW WHICH ARE MISDEMEANORS OR INFRACTIONS, AND WHICH MAKES OTHER NON-SUBSTANTIVE CHANGES FOR THE AMENDMENT AGAINST THE AMENDMENT The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in the Elections Code of the State of California. SECTION 5. Canvass of Returns by Board of Supervisors. The Board of Supervisors of the County of San Bernardino is hereby authorized to canvass the returns of the special municipal election called by this resolution and to conduct the special election and the general election in all respects as if there 7-21-88 DAB:cm 2 .. 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 were only one election with only one form of ballot. Results of the municipal election shall be certified to the Mayor and Common Council of the City of San Bernardino. SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice of the municipal election which shall contain the following: A. The date of the election; B. That the last day for receipt of primary arguments for or against the measure has been established as 4:30 p.m. on August 9, 1988, in the City Clerk's Office, Second Floor, City Hall, 300 North "D" Street, San Bernardino, California; C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on August 16, 1988, 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 ordinance, 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 7-21-88 DAB: em 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 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a> adjourned regular meeting thereof, held on the 27th day of July , 1988, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~/U?.d/ /:"'4V, ./ Ci ty Cle;{~m The foregoing resolution is hereby approved this ~?t~day of , 1988. Julv t"", 1J d,.~~ E W LCOX,' MAYOR City of San Bernardino Approved as to form and legal content: ~~.iL . y Attorney 28 7-21-88 DAB:cm 4 . 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 ".-, .",; t\ PROPOSED CHARTER AMENDMENT NO. "(d) The City Attorney shall be the chief legal officer of the City; he or she shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices; he or she shall represent and appear for the City in all legal actions brought by or against the City. and prosecute violations of City ordinances. and may prosecute violations of state law which are misdemeanors or infractions and for which the City Attorney is specifically granted the power of enforcement by state law without approval of the District Attorney, or those violations which are drug or vice related; he or she shall also act and appear as attorney for any City officer or employee who is a party to any legal action in his or her official capacity; he or she shall attend meetings of the City Council. draft proposed ordinances and resolutions, give his or her advice or opinion in writing when requested to do so in writing by the Mayor or Common Councilor other City official upon any matter pertaining to municipal affairs; and otherwise to do and perform all services incident to his or her position and required by statute. this Charter or general law." EX.'1IBIT "A" . .. . ANALYSIS BY CITY ATTORNEY BACKGROUND In 1971. apparently as a cost-saving measure, Section 55(d) of the Charter of the City of San Bernardino was amended to transfer the prosecution of state misdemeanor violations from the City Attorney to the District Attorney. In recent years, the question has been raised whether by this action, the people intended to only cover the general misdemeanor prosecutions, or to also prohibit the prosecutions of such actions as are specifically granted by state law to the City Attorney. PROPOSAL This measure would amend Section 55(d) of the Charter of the City of San Bernardino to give the City Attorney the power, but not necessarily the responsibility, to prosecute certain violations of state law which are misdemeanors and infractions. This would include violations relating to dance studio contracts, violations relating to human whole blood, human whole blood derivatives, and other biologics, failure of service stations to have adequate water and air facilities available for use by the public (infraction), maintenance of a public nuisance, as well as violations of the Political Reform Act. This proposed amendment would also grant the enforcement power for drug and vice misdemeanor prosecutions which require the approval of the District Attorney. This measure would also make other non- substantive changes to Section 55(d). If this measure is not approved, the power and responsibility for prosecution of state misdemeanors will remain with the District Attorney except as the courts determine that state law provides such right or responsibility to the City Attorney.