Loading...
HomeMy WebLinkAbout27-City Attorney - .. CITY OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION From: Jaraes F. Penman Subject: Resolutions Calling for an Election and Proposing Charter Amendments De~: City Attorney Da~: January la, 1992 Synopsis of Previous Council action: Adoption of Charter and various Charter Amendments. Recommended motion: A. 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 Spec~~l Municipal Election be Consolidated with the Primary Election Conducted by the County of San Bernardino. B. Resolution of the City of San Bernardino Proposing An Amendment of the Charter of Said City Relating to the Power of the Common Council to Dismiss or Suspend City Employees, To Give The Mayor and Council Certain Appointive Powers, and Authorizing the t~ayor and Council to Establish the Office of City Administrator (continued. . .) Signature Contact person: .Tames F _ Penman Phone: 5255 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: 7".n~fi2 Agenda Item No :<7-3 if o 0 Recommended motion: (continued) C. Resolution of the City of San Bernardino proposing an Amendment of the Charter of Said City Giving the Common Council the Authority to Override an Executive Order of the Mayor by 2/3 Vote. D. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Providing that the Common Council Shall Select the Chair Who Shall Preside at all Meetings of the Council. E. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Changing the Term of Office of the Mayor From Four Years to Two Years. F. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Setting the Salary of the Mayor at 60% of that For a Municipal Court Judge. G. Resolution of the City of San Bernardino Proposing an Amendment./ of the Charter of Said City Transferring Certain Powers Presently Exercised by the Mayor and Council Jointly to the Mayor Alone. H. Resolution of the City of San Bernardino Proposing an Amendment of the Charter of Said City Changing the Dates of the City Primary and General Elections and the Dates On Which Officers Assume Office. o 0 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: The Mayor and Common Council FROM: James F. Penman, City Attorney DATE: January 10, 1992 RE: Charter of the City of San Bernardino At the meeting of the Mayor and Common Council held on December 16, 1991, this office was directed to research and report on the various changes in the Charter as they relate to the relative power of the Mayor and the Council and then to recommend appropriate Charter amendments to better balance these powers. According to the Secretary of State, the City of San Bernardino was first incorporated in 1854 and then disincorporated in 1863. On August 10, 1886 the City was once again incorporated and the Charter was adopted on February 5, 1905. As originally enacted the Charter had 13 Articles. Article I was made up of three sections. Section 1 provided that the City would continue as a body politic with the name of the City of San Bernardino. It would have perpetual succession, the power to sue and defend, and it would continue to own the property that had previously been vested in the City. It could have and use a seal, and purchase, receive, hold and sell all types of property. Section 2 set forth the boundaries of the City as they existed at that time, which jurisdiction could be extended to other property. Section 3 provided that the City should be divided into five council wards, the boundaries of which could be changed from time JFP/js/Charter.mem 1 o o to time to keep the wards in compact form and as equal in population as possible. Article II sets forth the election proceedings for City elections, the requirements for official bonds, and the salaries of certain City officers. The Mayor was to receive an annual salary of $800 and the council members $200. The Mayor served for two years (section 14). Article III related to the Common Council as the Legislative Department of the City. Section 30 outlined that the Council was to consist of five persons, three of which constituted a quorum. Section 36 provided that the Mayor would preside at all meetings of the Common Council but could not vote. It also provides for a Mayor pro tempore. This Article also outlined the subjects of legislation. Section 40 was divided into 26 subsections setting forth specific powers of the Mayor and Council. The first required a vote of the people before real property could be sold. Section 41 provided for the assessment and collection of property taxes and section 42 provided for the process for the equalization of taxes. Article IV related to the Executive Department of the City. The power and authority of the Mayor is discussed in Sections 50, 51, 52 and 53. Section 50 reads the same as the current version of the Charter except that it provides for a 5 year residence period in order to serve as Mayor. Section 52 allows the Mayor to suspend a City appointive officer for dereliction, neglect or non- performance of duty and to report such action to the Council. The Council after a hearing can declare the office vacant, continue the suspension or presumably overrule the Mayor and terminate the suspension. This section did not contain a provision, as it now JFP/js/Charter.mem 2 o o does, allowing the Mayor to discharge officers and employees. The section also imposed a duty on all city employees who know that a city agreement has been or is about to be violated to report the circumstances to the Mayor. Willful failure to do so could result in dismissal. Also included in the Executive Department was the City Attorney (section 55), the City Clerk (section 60) , the City Assessor (section 65), the Treasurer (section 70), the Ci ty Engineer (section 80), and the Superintendent of Streets (section 85) . Article V provided for a police judge and a police court. Article VI established a Health Department supervised by a Board of Health. Article VII outlines the initiative process (section 120), the referendum process (section 121) and the recall (section 122). Article VIII covered revenue and finance for the City. It provided for the annual creation of a budget (section 130) and required that by 1907 the assessment and collection of property taxes be turned over to the County (section 131). It provided for the receipt (section 131) and payment of claims against the City (sections 136 to 139). Section 134 prohibited the City from accruing a debt or liability in excess of the available money in the treasury which could legally be appropriated for such purpose. Section 141 prohibited monies being transferred between funds except that by 2/3 vote the council could approve money going from the general fund to a specific fund. Article IX established and governed the Water Department. Article X established and governed the Police and Fire JFP/js/Charter.mem 3 o o Departments, but did not have the current section 186 relating to salaries, etc. Article XI established and governed the school department. Article XII established and governed the free public library. Article XIII contained a compilation of subjects under the heading "Miscellaneous". Section 224 provided that where the Charter did not provide for a matter, the general laws would apply. Section 228 covered conflicts of interests. 1. On December 8, 1908, the first amendments to the Charter were approved. Section 195 was amended relating to the admission of nonresident school children to the city schools. Section 182 was amended to change the date on which the Chief of Police must be appointed and to increase his salary as tax and license collector by the amount of 1% of the amount collected. Section 238a was added to the Charter to limit the time of any worker on publiC works to 8 hours per day, to require that such workers be citizens of the United States, and to set the minimum wage for such workers at $2.00 per day. 2. On April 18, 1913, the voters approved an amendment to Section 133 to allow the City to make findings in relation to municipal improvements by resolution as well as by ordinance and rather than the debt not exceeding $350,000, that it not exceed 15% of the assessed value of the property in the City. 3. On March 18, 1919, the voters approved amendments to the Charter increasing the salary of the Mayor to $1,500 per year, and the salary of the council members to $300 per year, all payable monthly. 4. On April 11, 1921, the voters approved five charter JFP/js/Charter.mem 4 o C) amendments with the following effect. A. Added a provision to Section 1 giving the City full authority to "make and enforce all laws and regulations in respect to municipal affairs." B. Repealed Section 10 relating to the adoption of general election laws. C. Added a new subsection to Section 40 also giving the Mayor and Council power to legislate with respect to municipal affairs. D. Repealed Section 224 relating to municipal affairs. E. Repealed Section 234 which had required ordinances to be limited to one subject, which subject was to be reflected in the title, and which required that each ordinance section amended must be re-enacted at length, as amended. 5. At an election held on March 15, 1921, the voters amended Section 133 to raise the limit on indebtedness for public improvements from 15% to 25% of the assessed value of all of the real and personal property of the City. 6. On November 7, 1922, Section 14 was amended to make the office of Treasurer separate from that of Police Judge. 7. The voters on November 4, 1924, added Sections 246 to 261 to the Charter establishing a Civil Service System and a Civil Service Board. Section 256 added for the first time the power of the Mayor to dismiss employees "for the good of the service" with the approval of 2/3 of the Council. In addition subdivision 19 of Section 40 was amended to change the power of the Mayor and Council to dismiss "such policemen and other subordinates, officers and employees" and to add the power to fix qualifications. Section 52 was also amended to give the Mayor the power to dismiss employees JFP/js/Charter.mem 5 o o for "dereliction, neglect or non-performance of duty" where previously he only had the power to suspend in such circumstances. In the same election the voters deleted the power of the City Engineer, the Water Board, and the Library Board to remove subordinates at their pleasure, added references to the Civil Service with reference to the police and fire departments, and removed the general power of officers to remove classified employees at their pleasure. The amendments also specified that the Mayor and Council had the responsibility to prescribe the number, qualifications and compensation of the city employees in the offices of the City Attorney, City Treasurer and City Clerk, which employees would serve the pleasure of the appointing officer. 8. On April 13, 1925, an election was held amending section 190 of the Charter to, among other things, divide the City Schools into a school district and a high school district and to establish the powers and qualifications for the Board of Education. The amendment also repealed Sections 192, 193, 195, 196, 197, 198 and 199 which as a result of the amendment of 190 and 191 became unnecessary. 9. Thereafter for ten years the Charter was not further amended until April 8, 1935, when several amendments were adopted. Section 160 was amended to increase the term of members of the Board of Water Commissioners from four years to six, to delete any reference to the political party preference of such commissioners and to provide for their removal by 4/5 vote of the Council. Section 164 was amended to allow the Council to monthly transfer from the Water Fund not more than 10% of the revenues of the Water Department in the previous month. Section 163 was amended to grant JFP/js/Charter.mem 6 o o to the Water Board the responsibility of the Sewer System of the Ci ty. Section 140 was amended to increase from three hundred dollars to five hundred dollars the value of supplies or materials that could be purchased by the City without bid. A new Section 10 was added to provide for a City primary election to be held on the third Monday in March of each odd numbered year, and a City general election to be held on the following second Monday in April. 10. In an election held on March 15, 1937, seven Charter amendments were approved. Section 181 had originally provided that the pOlice force must not exceed one officer for each one thousand five hundred inhabitants of the City. This Section was amended to provide that the police force could not exceed one officer for each one thousand inhabitants. Sections 24B and 24D were amended to delete the actual salaries for the City Clerk and the Police Judge and to provide that such compensation would be fixed by the Mayor and Common Council. Section 163 was amended to expand the sewer responsibilities of the Water Department. A new Article XII.A. was added to create a Park Commission and Park Department. Section 24 was amended to increase the salary of the Mayor to $3,000 per year, and Section 24A was amended to increase the salary of the Councilmembers to $600.00 per year. 11. On March 20, 1939, the voters, approved the addition of a new Section 181 A to provide minimum salaries for pOlice officers. 12. At an election held on November 3, 1942, a new Section 16 was added to the Charter to specifically allow a leave of absence without pay to City employees entering the armed forces. Section 181 was amended to delete the limitation on the number of pOlice JFP/js/Charter.mem 7 o ,0 officers in the City. Section 60 was amended to remove from the responsibilities of the City Clerk the reporting of the condition of the City Treasury and the necessity to report to the Mayor and Council an estimate of the probable necessities of the City for the coming fiscal year. 13. On May 16, 1944 the Charter was further amended to add Section 234 to require the City to use due diligence to contract with the State Employees Retirement System and authorizing the City to impose a tax to fund the cost of such contract. 14. This election was followed the same year by another election held on November 7, 1944 to increase the salary of the City Attorney to $3,000 per year and amending Section 140 to exempt purchases from other governmental entities from the requirement of bidding and allowing bidders to post a bidder's bond, cashier's check or cash in addition to a certified check, and allowing the posting of cash as an alternative to a faithful performance bond. 15. On March 19, 1945, the voters again approved an amendment to Section 24 increasing the Mayor's Salary to $4,800 per year. Section 234 was added allowing reimbursement to elective officers for travel expenses. In addition Section ll-A was added to provide for the Mayor and Common Council to fix the compensation for election officers. 16. At an election held on April 11, 1949 the voters approved three amendments to the Charter: The first subdivision of Section 40 was amended to allow the people to approve the sale of real property at any general or special municipal election rather that being limited to the "next general municipal election". Section 140 was amended to increase the maximum on purchases without bid to JFP/js/Charter.mem 8 o o $1,000. Section 10 was amended to provide that the primary election would be on the third Tuesday in March instead of the third Monday, and the general election would be on the second Tuesday in April instead of the second Monday. 17. At the election held on March 20, 1951, the voters added Section 10-A to provide that candidates who receive a majority of all ballots cast at a primary election are thus elected to the office. Sections 82 and 87 were added to include the City Engineer and the Superintendent of Streets within the Classified Service. 18. On April 12, 1955, Section 55 was amended to provide that the City Attorney was to be a full time position and not allowing him to engage in private practice. It imposed the requirement that he must have been a practicing attorney for at least five years. It provided that the salary of the City Attorney was to be set by the Mayor and Common Council but could not be less than $7,500 per year. Section 24-C, which previously set the salary of the City Attorney, was repealed. Section l4-A was added providing that a vacancy on the Council was to be filled by appointment by the Mayor and Common Council. Section l8l-A was repealed and Section 186 was added relating to the salaries and classifications of the police and fire departments. 19. On June 5, 1956 Section 41 was amended to delete the exclusion of the high school tax from the limit on the taxation which may be imposed by the City. Also amended was Section 133 to substantially revise the provisions relating to General Obligation Bonds. 20. By election held on subsection of Section 40 was March 19, 1957, the sixteenth amended to expand the language 9 JFP/js/Charter.mem o ,:) relative to the power of the Mayor and Council to maintain and operate drains and sewers. Sections 134 was amended to provide for the amounts and collection of sewer charges. Section 147 was amended to allow sewer costs to be paid for out of the Street Fund. Section 149 was amended to expand the language relative to what may be funded from the Sewer Fund. Also the third subsection of Section 163 was amended to specifically authorize the Board of Water Commissioners to manage and extend the City Sewage Disposal Plant and certain outfall sewer lines. 21. On June 3, 1958 the voters amended Section 246 to expand the Civil Service Board from 3 members to 5. Section 51 was amended to delete the power of the Mayor and Council to fill a vacancy on the Council. Section 140 was again amended to increase the maximum amount of supplies and materials that could be purchased without bid to two thousand dollars. 22. At the election held March 17, 1959 the salary of the Mayor was increased to $7,200 per year by amending Section 24. 23. On March 21, 1961 Section 10 was amended to change the primary election from March to the first Tuesday in February of each odd numbered year. Article XI, Sections 190, 191, 192 and 193 relating to the City Schools and the Board of Education was rewritten. Section 31 was amended to provide for emergency or urgency ordinances and to delete the explanation of what ordinances and resolutions are. 24. By election held on February 5, 1963, the voters added Section 116 to the Charter to allow the City to contract with the County for public health matters. Section 11 was amended relating to the canvas of City elections and the declaration of the result .JFP/js/Charter.mem 10 - - - o o thereof. 25. At the election held on February 2, 1965, the voters approved an amendment to Section 141 of the Charter to expand the authority to transfer money between specific funds and to delete the required approval of the mayor for such actions where the Council must act by 2/3 vote. It is interesting to note that at this election by wide margins the people defeated proposals to expand the Mayor's term to 4 years and to make the Mayor a full time position. 26. The following year at an election held on June 7, 1966, Section 3 was amended to increase the number of wards from 5 to 7. Section 10 was amended to allow the City to conduct an election even if the amendment to Section 3 is not approved by the legislature before 90 days before the election date. other Sections (13, 14, 30, 31, 136, 160, 215, and 219) were amended to be consistent with the larger Council. Section 53 relating to the calling of special meetings was repealed. Once again the voters defeated a proposal to make the Mayor's term of office 4 years. Section 182 was also amended, revising the provisions relative to appointment of a chief of pOlice. 27. On February 4, 1969, the voters approved an amendment to Section 33 to provide that ordinances would be published once instead of for 3 consecutive days. Sections 60 and 135 were amended and Sections 136, 137, 138, 237 and 238 were repealed to simplify the payment of claims. Sections 213 to 218 were amended to provide for a Parks and Recreation Commission consisting of 9 members and a Park and Recreation Department. Section 249 was amended to revise the veterans' preference in Civil Service exams. JFP/is/Charter.mem 11 - o o 28. On February 2, 1971, the voters approve an amendment to Charter Services 13, 14, and 14-A requiring a one year residency requirement for the office of council member and requiring an election to fill vacancies on the Council. 29. At the election of April 13, 1971, again a proposal to increase the term of office of the Mayor to 4 years was proposed and defeated. Section 55(d) was amended to transfer the duties, responsibilities and costs of prosecutions of violations of State law from the City Attorney to the District Attorney. In addition Section 160 was amended to increase the Water Board from three to five members. 30. On February 6, 1973, Charter Section 186 was amended to revise the titles and classifications for local safety officers in the Fire and Police Departments. Section 235 was amended to establish a one year residency requirement for City Clerk and City Treasurer and to eliminate the citizenship and residency requirements for appointive officers. Section 40 ( a) of the Charter was amended to eliminate the need for an election to sell City property and requiring instead that property with a value in excess of $2,000 must be sold by competitive bid. An amendment to Section 14 was overwhelmingly approved by the voters to increase the term of Mayor from two years to four years. Various sections were repealed to eliminate references to pOlice judge, police court, ci ty assessor, board of health and city marshall; provisions relating to duties or salaries of officials ending in May, 1907; charter conflict of interest provisions; citizenship requirements, the hours per day and minimum wage of laborers on public works projects as enacted in 1908; and provisions relating to JFP/ja/Charter.mem 12 o o discrimination, political assessments and political activities involving city employees. Article XI was amended to remove the requirement that members of the Board of Education must be elected at large and'eliminated references to the old school districts and their boards existing prior to the unification. It also required the Board of Education to convene during the first half of July of each year and to elect a president and to pass all orders by four affirmative votes. Section 135 and 143 were amended and various other sections were repealed to provide that claims processing, creation of funds and transfer between funds would be in conformity with state law except as prescribed by ordinance. 31. At the election held on June 4, 1974. Sections 10, 13 and 14 of the Charter were amended to change the Municipal Primary Election from the first Tuesday in February of each odd numbered year to the first Tuesday after the first Monday in March of each odd numbered year, to change the General Election from the second Tuesday in April to the first Tuesday in May of each odd numbered year, and to likewise adjust the dates on which elected officials take office. Section 24 was amended to make the office of Mayor full time with the salary to be set by the Council. Section 163 was amended to allow the Board of Water Commissioners to incur indebtedness not exceeding the income provided for the year. Finally Section 140 of the Charter was amended to raise to $3,000 the limit on purchasing supplies without competitive bidding. 32. On November 5, 1974, the voters approved an amendment to Section 253 of the Charter raising the maximum probationary period for employees from 6 months to 1 year. Section 243 was repealed to eliminate the requirement that claims to be published each month in JFP/j./Charter.mem 13 o o the newspaper. 33. On June 8, 1976, Section 186 was amended to add the provision to set salaries for the Police and Fire Department by comparison with ten California Cities. Section 122 was amended to provide for additional procedures for recall. 34. On November 2, 1976, Section 15 of the Charter was amended making an office vacant when an elected official ceases to be a City resident and removing residency requirements for appointive officers and absentee regulations relating to any City officer. Sections 13, 14, 50, 55(b) and 235 were amended to provide for a City residency requirement of at least 30 days for elective officers. Sections 80, 81, 82, 85, 86, 87 and 218 were repealed to place the City Engineer, Superintendent of Streets and Director of Parks and Recreation in the unclassified Civil Service and permitting their duties to be prescribed by ordinance. 35. On June 6, 1978 the voters rejected proposals both for a full time president of the Council and to remove the power of the Mayor to disapprove orders of the Council passed by four affirmative votes. 36. At the March 6, 1979, election the voters approved an amendment to Section 24 of the Charter to prohibit any increase of the salary of the Mayor except after approval of the voters. The voters defeated a proposal to limit the Mayor or a council member from serving more than 3 consecutive full terms of office. Also defeated was a proposal to have the Mayor pro tempore preside at all meetings of the Council and to remove the power of the Mayor to preside. In addition the voters defeated a proposal to remove the Ci ty Attorney, Ci ty Clerk and City Treasurer from the Mayor's JFP/js/Chsrter.mem 14 o o supervision. The voters also rejected a proposal that only the summaries of ordinances need to be published. Section 14-A was amended to remove a conflicting residency requirement and Sections 22, 42, 45, 55 ( f) and (g) and 233 were repealed concerning sureties, undergrounding of wires, the Common Council sitting as a Board of Equalization, and the yearly fixing of advertising and printing rates. 37. On November 6, 1979, Section 140 was amended to provide that the purchase of personal property in excess of an amount set by ordinance would be by competitive bid. The voters again defeated a proposal that summaries of ordinance could be published. 38. On June 3, 1980, the City voters rejected a proposal to repeal Section 186. 39. At the election of May 5, 1981 the votes approved an amendment to Section 186 to authorize supplemental pay to paramedics and supplemental educational and longevity pay to police and fire safety employees. 40. On November 3, 1981, the voters rejected a residential rent control measure which would have added a new Article VI-A to the Charter. 41. On November 5, 1985, Charter Section 186 was amended to compensate fire fighters at time and a half for overtime. 42. At the election of November 8, 1988, Section 55(d) was amended to allow the City Attorney to prosecute certain violations of state law including drug or vice related violations. 43. On March 7, 1989, Section 234 C of the Charter was repealed to delete the power of the City to impose a tax to fund the City employees' retirement program. JFP/js/Chsrter.mem 15 o o 44. On November 7, 1989, Section 40(r) of the Charter of the Ci ty was amended to allow the City to make violations of City ordinances either misdemeanors or infractions and to delete the maximum penalty. % ~ mes F. Penman ity Attorney JPP/ja/Charter.mem 16 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 o o RESOLUTION NO. 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. , and , , , have been adopted by the Mayor and Common Council of the City of San Bernardino on this date, , submitting to the electors of the City of San Bernardino proposed Charter Amendments, copies of which are attached hereto as Exhibits , and , 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 ,27 o o 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 disapproval, the proposed Charter Amendments set forth in Exhibits , and attached 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 primary election to be held on Tuesday, June 2, 1992. SECTION 4. Measures. The measures to be voted on at the special municipal election as they are to appear on the ballot shall be as follows: A. MEASURE APPROVES A CHARTER FOR THE AMENDMENT TO GIVE THE COMMON COUNCIL, AMENDMENT IN ADDITION TO THE MAYOR, THE POWER TO DISMISS OR SUSPEND CITY EMPLOYEES AGAINST THE FOR CERTAIN SPECIFIED REASONS, TO AMENDMENT GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR B. MEASURE APPROVES A CHARTER FOR THE AMENDMENT TO GIVE THE COMMON COUNCIL AMENDMENT THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE AGAINST THE AMENDMENT 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/j s/Duties. Res 2 o o 1 D. 2 3 4 5 6 7 MEASURE APPROVES A CHARTER FOR THE AMENDMENT CHANGING THE TERM OF OFFICE AMENDMENT OR THE MAYOR FROM FOUR YEARS TO TWO YEARS AGAINST THE AMENDMENT E. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 F. MEASURE APPROVES A CHARTER FOR THE AMENDMENT TRANSFERRING CERTAIN POWERS AMENDMENT PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR ALONE AGAINST THE AMENDMENT G. 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 AMENDMENT The measures shall be designated on the ballot by a letter printed on the left margin of the square containing the description of each of the measures 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 DAB/js/Duties.Res 3 o o 1 election and the primary election in all respects as if there were 2 only one election with only one form of ballot. Results of the 3 municipal election shall be certified to the Mayor and Common 4 Council of the City of San Bernardino. 5 SECTION 6. Notice of Election. The City Clerk is hereby 6 directed to publish a notice of the municipal election which shall 7 contain the following: 8 A. The date of the election; 9 B. That the last day for receipt of primary arguments for 10 or against the measure has been established as 4:30 p.m. on 11 , in the City Clerk's office, Second Floor, City 12 Hall, 300 North "0" Street, San Bernardino, California; 13 C. That the last day for receipt of rebuttal arguments is 14 4:30 p.m. on , in the City Clerk's office at the 15 above location. 16 The City Clerk is directed to accept arguments and arrange 17 for sample ballots, which shall inClude the text of the proposed 18 Charter Amendments, in accordance with Section 5010, et seq., and 19 Section 5350 of the Elections Code. 20 This notice may be combined with a notice of any other 21 special municipal election to be held on the same date. 22 SECTION 7. Conduct of Election. The special municipal 23 election called by this resolution shall be held in such precincts 24 and at such polling places as shall be determined by the Registrar 25 of Voters of the County of San Bernardino. The Board of 26 Supervisors of the County of San Bernardino is hereby requested to 27 issue instructions to the Registrar of Voters to take all steps 28 necessary for the holding of the consolidated election. The Mayor OAB/j s/Outies. Res 4 o o 1 is hereby authorized to execute a contract for the services 2 necessary for conducting the municipal election. 3 SECTION 8. Filing of Resolution. The City Clerk of the 4 Ci ty of San Bernardino is directed to file a certified copy of 5 this resolution with the Board of Supervisors of the County of San 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino. III III III III III III III III III III III III III III III III III III III III III III DAB/js/Duties.Res 5 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 o o 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 Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this of , 1992. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~. DAB/js/Duties.Res 6 ~OPOSED CHARTER AMENDMENT ~ Additions Delptlons Section 36. Mayor to 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 number 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 meeting. debate or comment onan:li' matter. coming before the . .. ....-..-...,...--.......,..-..-.......,-..-.,...-....._..._,..._.........................-,..-............ In case of vacancy, 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 his office, the Common Council shall appoint one of their own number Mayor pro-tempore who shall have all 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 "A" o (~ Seotion 38 . Power of couno~ to Dismiss. Notwithstanding the provisions of seotions 52 and 256, the Common Counoil shall have the power to discharge any City appointive officer or employee, for dereliction, neglect or non-performance of duty, except employees :l.n the class:l.f:l.ed service, and may suspend any employees :l.n the classified service pending a hearing before the Civil Service Board. Any appo:l.ntive officer or employee of the city of San Bernardino, except officers appo:l.nted for a defin:l.tive term, and except deputies, assistants, clerks, employees, and attaches holding office at the pleasure of an elective officer, may summarily be dism:l.ssed for the good of the service by the Common Council " "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 elective office, shall the officer hold O'ffiCe beyond the next general municipal election at which time an election shall be held for Exhibit "A" 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 o 0 tnat 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. Unlesfilotherwise prov;rded "py law < or in this. charter, the Mayor with the consent and approval of the CommoriCouncil; shall appoiritmembers to all City Boards, Committees and Commissions. Unless otherwise specifically provided by law .or in this Charter" the Mayor,w1th approvil.l< 9f tM C6nliiion Council or the Commoll.Counc11 by 517thvote may remove" ,any appointee on any City Boards , Committees,ot: . Commissions.... . .As used herein;' '~Ci tyBoards,' 'Coliunittees and CClmmissions~;sl::iaJ:i'hotil:1i:i:L1ide,iCi ty Boards, Commit~es .il$.~Commissions made up entirely OfmemDlilr,SO~ the'CollllllonColincil. tJriles~,:::(;i:~ej;:Wise':'l!ipl!lc'(UcallYProvideQ by lai,ll>i:li:: ;j::i':::~nati6~$::: 'tor" : .'fhe;:~:City ',s r~pt'esen.t~tivesfor" a' :joirit" : powers, re9':lori.a! ",o%:'.,othex: " ,multi-jurisdictional board \ Or'OOllllilission', may be, made by:\::he Mayor >or. .anycounc,:J;1memberat a regular . or special 'meeting '.of . the Common Council. Final.appointmentshaU be subject to the appJ;'ovalof ',8 majori ty of the Council. Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a~Lacemehtof:e. :ci1;1ireprgentative on liluohjointpowers,'regionalor other multi- jur1lildictionaiboa~d ..or commission may be inadeby the.n:cimiriation. arid approval of a new,',representative wi.thout. formal removal proceedings. "Section 90 City Admin;[strator, . The Mayor and ..... common, Council'. '.may by ordinance establish the, 6ffic~ ofcHy Administrator. Ar1Y such ordinance.. shalt provide that. the City Administrator .... shall "have specific supervision .over. all appointed depadJllent heads .and. that, '1;h6 ,Mayor".nas' specific supervision overtheOlty '. AtlDiiriistrator. The ordinance.shali provide that the Mayor may.. . discharge . the.,'. City. " Administrator .i ~C)u:li "diSuse wi tli"::t;M:apP2::ova1, ,tif.'. " the colitiitoriCounci'll, . aDd, tfi!iit'the':coiiuaon' Council liIey:aiscbarge. the 'Ci ty ::Adininistrator on its oWri,liIotiori'by a"517vote~'." If such an ordinance' isenaote4:?'Mayoi" 'as used in SIilCl~ions: ,'l;i~. ian4,,~~:: <.of''t;Ms. ','Charter i'e18i;irig:orily < tOith;e ',pQWer,tq::(ll$charge ,and suspend CH:y' employees; sb.i:lU , ,meari . "City Aaministrator~" '. The ,'ordinanoe ,msyprovide to);:,such. '>6tper.,dut4es',,;o~ '.' oversight, coordination . and ',reporting . as deemed appropriate by tl:ie Mayor ;sndCOnuncin Council ~not in confliqt wi th.this Charter or Exhibit "A" (i 0 oltler Ilpplfosblel:aw. 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 Exhibit "A" ~OPOSED CHARTER AMENDMENT ~ Additions "Section 39. Power to Override Mayor. Any executive order of the Mayor made either formally or informally may be overridden, amended, revised or withdrawn by a two- thirds (2/3) vote of the Common Council." De]etlons Exhibit "B" ~ROPOSED CHARTER AMENDMEN;~O. Additions "Section 36 _ Council Chair to preside DeJetlons Absence of Mayor The Hdyor c.hd 11 presldc dt ell] Ill('(---tlnqs of the C()[J]lllOIl Counell, but <,bull not be elltltled to vote. In the iJb'"eIlCl' at the ~layor, the Common Council llldY ChOO~)R one of thelr O\JIl melllber to prec;ldp IIho "ball Tetclln the Ilgbt to vote upon dlJ questlorlS llnder conslderatJon, dnd shall have the ',dm0 power to dlBapprove any order made by the Common Coullell, and WIth llke effpet as the Mayor \"JOU 1 d havp bad 1 f prec,ent Clt thI S __. ~e COmmOn Council sball appoint serve at tbe ,pleasure of tbeCoiDmonCounoil to vote. ona11 ,ma1:ters under' consideration. Only IliEimbers of the' common 'Couneilsball be empowered 1:0 voteat.suohmee~ings. In Cdse of d vacancy -LI1 offlce, or li by reason of "bcoenee from the Cl ty, or slckness, aT f IOIll l.lIlY other cause, the V,dyor lS un"bJe to perform the dutIes of sueh offlee, the CounelJ shall appolnt one at thel r m"m number ~l"yor pro tempore \-Iho shall have ,,11 the pO\-IPrs and au thorl ty Exhibit "c" pCr'jonall y present and attendlng to such dutle~" but ~-,uch [\j,IYOY pro tcmpore shull not lo.:-.,E" hl ~o vot c a::-, councllman Section 37. Mayor Pro Tempore. In case of a absence from the city,. or siokness, or from COuncil shall appoint one of their own 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. Council and the Mayor . Pro Tempore may be the same person." Exhibit "e" o () PROPOSED CHARTER AMENDMENT NO. Additions Delet10ns Section 14. - Officers and terms. There shall be elected at its general election in .. 'J.~9~L and every fourth year thereafter, 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 June and next succeeding their elections. First elect10n There shall be elected at the general elect10n 1n 19!!, and every fourth year thereafter, a Mayor, IJho Shilll be elected at large for a term of four years commencing on the first Monday 1n June next succeeding such election. Section 13-A. Elect!on-Mayor."There shall ............. ........,-,...,.,.,.".,.-.,.......,-..,...,.....;...,-...,.,.........,.;.;..."".".,.....,.",.,;,.....-......-.. ......... ... .......... be elected at the general election in 1993, and every second year thereafter, a Mayor, Exhibit "0" o o who shall be elected at large for a term of ..............,..,.,.,.,._...........-.,-..... .... .... . ......... ......................... .--.................. two years commencing on the first Monday in June next succeeding such election." Exhibit "D" o i::J PROPOSED CHARTER AMENDMENT NO. Addi1:ions " 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 wi th the discharge of the duties of such office. The salary of the Mayor is hereby se1: at an amount equal to 60% of tha1: which Deletlons Judges. Shall be set by the Common CouncJI, provlded that the salary shall not be reduced durIng the term of any lncumbent except by the aiflrmatlve vote ot fIve counclJIll('n; nor ~~hdll J-L be lrlCIOrlc,pd at dIlY tJnle cxccpl ,liter the dpprovdl of the propoc)C'd lIlcrpd.'::',E" by a llldJorl-Ly of the electors votInq at a CitYWIde election Exhibit "E" o o PROPOSED CHARTER AMENDMENT NO. ~aa!t:16ns "Section 40. Powers of Mayor and Common Council. The Mayor and Common Council of the City of San Bernardino, hereafter referred to as Council, shall have the following enumerated powers. (a) Purchase and Sale of Property. Council shall have power to purchase, lease, receive and hold real and personal property within or without the city limits, and to control, sell and dispose of the same for the common benefit; provided that the sale or disposal of real property which is appraised at a value in excess of $2,000 shall be approved by a five-sevenths (5/7) vote of the Council and shall be subject to competitive bidding and no bid shall be awarded for a sum less than the minimum price approved in a resolution of the Council which provides for the notice inviting bids. (b) Police and Sanitary Regulations. Council shall have power to make III _ all such local, police, sanitary and other regulations, as pertain to municipal affairs, and for this purpose may define misdemeanors committed wi thin the Exhibit "F" Delctlon~ - - - o o city limi ts or on lands under the jurisdiction of the City, and provide penal ties and punishment therefore; although the offense constituting the misdemeanor be also a violation of the penal laws of the state. (c) Nuisances. Council shall have power to define nuisances and provide for their removal. (d) License Tax. Council shall have power to license for purposes of regulation and revenue all and every kind of business, occupations, shows, exhibitions, and lawful games carried on in the City and to fix the rate of license tax thereon. (e) Taxes. Council shall have power to levy and collect taxes. (f) Fire Department. Council shall have power to establish and maintain a fire department, prescribe fire limits and adopt regulations for the protection of the City against fires. (g) Police. Council shall have power to establish and maintain a police force. (h) OVerflow. Council shall have power to protect the City against overflow. (i) Houses of III Fame. Council shall have power to prohibit and suppress lewdness and houses of ill fame and indecent and immoral Exhibit "F" o o amusements and exhibitions. (j) storage. Council shall have power to prohibit the storage of gunpowder, oils or other combustible substances in quantity. (k) Parks. Council shall have power to lay out and maintain parks. (1) Hospitals, etc. Council shall have power to regulate hospitals, pesthouses and slaughter houses, and to provide for their removal or discontinuance. (m) Cemeteries. Council shall have power to provide cemeteries and regulate their management. (n) Pound. Council shall have the power to establish and regulate a public pound. (0) City Prison. Council shall have power to provide a City prison and require the prisoners undergoing sentence for misdemeanor to perform such labor as ma be prescribed. (p) Sewers. Council shall have power to acquire, establish, construct, reconstruct, maintain, operate, manage, repair, improve or finance any building, system, plant, works, facilities or undertaking used for or useful in the collection, treatment or disposal of sewage and the reclamation of effluent therefrom, or storm water, Exhibit "F" o o including a drainage. (ql BrIdges, streets, etc. Council shall have pOI'Jer to establlsh, bUIld and repair brldges; to establlsh, layout, alter, keep open, open, c J U~~C, llnp rove dnd 1 ppal r ~~tlect~), ::-.ld('\ldlk~), Lll1C'yc--" squarL;~), and other pub] 1 c II I qlHlclYS, and places \J ] Lh~ n the Clty, and tu dldln, "prInkle, 011 iHld llght the ':..:.dIl1C; to remove all ob::..:.trucllon~~ thereIn; to e"tabllCoh the qr ade" thereot; to gradp, pave, macadamls0, qrav('l and curb the SdIlle 1n uhol P or pdrt, rlnd to conc,t r uct qutter:.:., culv('r le-" ~ldl'\Jalks (lIlci cro',',\/cllkcJ thereon, or upon (Jny pdrt lh0rf'of; to CdlF]0 to be planl c'd, "pt out and eul tlVdtc'd ',hade trpps thE~IP]n, dnd qenerally to Illdnc1qc' and control all suel) hlqtlways {lnd places. _(il;i) Fines and penal ties. Council shall have power to impose fines, penalties and forfeitures for any and all violations or ordinances; to fix the penalty by fine or imprisonment, or both. The violation of any lawful ordinance made by the Mayor and Common Council shall constitute either a misdemeanor or an infraction, as determined by the Council by ordinance, and shall be prosecuted in the name of the people of the State of California" Exhibit "F" o o ( s) Compen::-,at 1 on and R0Illova 1 of Of fleer. Coune] 1 c~ha J 1 have pOllor to appolnt u.nd remove such polIcemen and otller subordl natcc;, of f lCt~rS and employees, as they Ill,lY c1\.'C'1l1 pI opf~r , dlld to f] x t helr quallflcdtlons, dutIL'S und COl1lpC'nr~at lons sublect to tilL' ('1V11 ~)elvice provlsloI1S of Lhis Charter. (t) PUb]lC Utllltll'S. Councll "helll have pm-Ier to contract tor c,upply"nq the Clty l,.-JGter for munJ C 1 pal purpoc,ps, 0] to acquIre, cOI1<)truct, [Pp<llI dnd manaqc-' pumps, dqUVc:iuct<), I(H:>('rV()lr~ or other \lurk', necessdry or propP! ior ~)upplYlnq \ldtC'r tor the UC~C at c)uch ('1 t V or 1 ts lIltldbl tant ~, or tor lrrlqdtJnq purprJ~-,f:-'::-; thpl(\ln, c,ubll'ct to the pO\JPr'o <lnd c,llPPTV)'-,lOn of thF> BOdrd of l,iJater Comnn ',C, 1 onr'y (, dC, J n ih 1 s Charter provlded. 't~'l_ Public Works. Council shall have power to acquire, own, construct, maintain and operate street railways, telephone and telegraph lines, gas, electrical and other works for light, power and heat, ad to supply such light, power and heat to the municipality and the inhabitants thereof; and to acquire, own and maintain public libraries, museums, gymnasiums, parks and Exhibit "F" o o baths. (!#')_ Construction Permit. Council shall have power to permit, under such restrictions, as they may deem proper, the laying of railroad tracks and the construction and operation of street railways and the running of cars drawn by steam, electricity or other power thereon; and the laying of gas and water pipes in the public streets; and the construction and maintenance of telephone and telegraph lines therein. (jI;)_ Schools. Council shall have power to maintain public schools. lH),_ Duties Not Defined. Council shall have power to prescribe by ordinance the duties of all officers whose duties are not defined by this Charter, and to prescribe for any officer, duties other than herein prescribed. (~:)_ Dog Tax. Council shall have power to impose and collect an annual license tax on every dog owned or harbored within the limits of the City. ,(~)_ Make and Enforce Laws and Regulations. Council shall have power to make and enforce all laws and regulations in respect to municipal affairs, subject Exhibit "F" o C) only to the restriction and limitations provided in this Charter. (x)lIIIJ Other Powers. Council shall have power to pass all orders, resolutions and ordinances and to do and perform any and all other acts and things necessary or proper to complete execution of the powers vested by law or this Charter, or inherent in the municipality, or that may be necessary or proper for the general welfare of the City or its inhabitants. "Section 53., power of Mayor. (a), '1'heMayorsha:U have poweri;o enforce all such loca:\.,:police, sai1itary arid other regulations, ,.as pertain" tomuriii::iipal affairs,,' (bJ''1'heMayor,Sh811':have 'powertobtiild and repafr bddges;;tc('Uy, oUt, alter, keep open, . .'open; ;.elqse,. '.imprOve \:~;>repair 8tree1:;$; "'s:Lde'if~l~l:!~:'a:q,l1!Ys:;",' 8~ar~:, ' :and'. other ptibli.:. b,ighwEiys,:' aridplac&l!! ' within theCi1:y/aridtodrain;' sprinkle, ..oil and Hgh~..theslilllle; to~emoveall. obstructions therein~to e8tablishthe grades thereof : to grade ,pavfi,',macl!j.dam:Lse, , gravel and curb the same inwnole. or part, 'and to construct gutters, ,culverts, sidewalks and crosswalks thereon; or. upon any part, thereof~to cause Exhibit "F" tRep:Lanted, o set out and cu:Ltivated shade trees'therein, . arid generally to manage and control all such highways and places. (c) The Mayor shan have power, with the approval of the common Council, to appoint and remove' such police and other subordinates, officers and employees, as he or she may deem proper and to fix their qualifications, ,duties . and compensations subject to the Civil Service provisions of this Charter. (d) The Mayor shall have power to contract for supplying the'Ci~ywaterfor municipal purposes, or to'soquire,.construct, repair arid manage pumps"aqueductsi reservoirs or other works neQessary or proper for supplying water fOr the use of suchC! ty or .i tsinhabitants ,o~:for .:irrigatin9' purposes therein,subjectto; i:he . powers and supervision' "of"t:h$ .;Board ;of . Water Colll1liissioners ,as ,:Lri:this ep:arter provided . to Exhibit tlFto o :) PROPOSED CHARTER AMENDMENT NO. ~!:t!:t!jl;l!gM Section 10. Primary and general election. A Primary election shall be held in said City on the first Tuesday after the first Monday in ~ ~ovijmper 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 _ i~ep;m.ia.~ of ~be 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. 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 !)('l('l~ons each odd Exhibit "G" o ,0 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. Any officer elected shan hold office until hissucoessor is elected and qualifies. "Section 13. Officers elected. There shall be elected at the general election in ";1.996., 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 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 mill M$~C~ next succeeding their elections. be elected at the gepe:r:al election in 1998, who shall be eleoteda:t large for a term of .. ......._.......-..-.'_..-,._..-.....-....'...'....'..._..-.._..-.'................_...,...-.,-..,......................... tWo years oommenoing on the first Monday in Maroh next suooeeding suoh e1eotion." Exhibit "G" o o Section 14. - Officers and terms. There shall be elected at its general election in .. :1:119 a , and every fourth year thereafter, 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 l1li MarcH and next succeeding their elections. There shall be elected at the qeneral elect10n 1n 1977 and every fourth year thereaftpr, a Mayor, \Jho shall be E'lected at larqe for a term of four years COI1lInencing on the f ir ~~t Honday 1 n cJunc next succeedinq such elect1on. Exhibit "G"