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HomeMy WebLinkAbout21-Council Office f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: CHAS A. KELLEY, CHAIRPERSON, Subject: A. Resolution of the City of San Bernardino Proposing LEGISLATIVE REVIEW COMMITTEE an Amendment to the Charter of Said City of San Bernardino Relating to the Salary of Council Members and Setting Term Limits. Dept: COUNCIL OFFICE ® R I G HN'A L B. Resolution of the City of San Bernardino Submitting To the Qualified Electors of Said City for Their Approval a Proposed Charter Amendment Relating To the Salary of Council Members and Setting Term Limits; Transmission of the Proposed Charter Amendment to the Office of the City Attorney for Purposes of Preparation of an Impartial Analysis. Date: March 12, 2008 C. Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment Relating To the Salary of the Council Members and Setting Term Limits and Requesting that Said City of San Bernardino's Special Municipal Election be Consolidated with the November 4, 2008 Statewide General Election Conducted by the County of San Bernardino. MCC Meeting: March 17,2008 Synopsis of Previous Council Action: None Recommended motion: That said Resolutions A, B and C be adopted. Signature 74/ Contact person: Chas A. Kelley Phone: 5278 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Committee Notes: Agenda Item No. 3M b� f STAFF REPORT Council Meeting Date: _ March 17, 2008 TO: Mayor and Common Council FROM: Chas Kelley, Chairperson, Legislative Review Committee DATE: March 13, 2008 AGENDA ITEM: Agenda Item 21 A, B and C Currently Charter Section 24-A states as follows: "The Council Members shall each receive an annual salary of six hundred dollars ($600.00),payable monthly." This language has been in the Charter,unchanged, since 1937. Additionally,there are no current term limits applicable to persons serving as Council Members for the City of San Bernardino. On February 5,2008,the City Manager's Office presented to Legislative Review Committee a survey of the salaries paid to council members in cities in the San Bernardino and Riverside Counties with 150,000 or more in population, as well as whether such cities had term limits applicable to their Council Members. These cities consist of Fontana, Moreno Valley, Ontario, Rancho Cucamonga and Riverside,and the City Manager's Office provided the Legislative Review Committee with a spread sheet of their survey results which is attached to this staff report. On February 21, 2008, the Legislative Review Committee recommended approval of a Charter Amendment regarding Council Members' salaries,changing the existing salary of$600.00 to a salary based upon an average of the five (5) cities largest in population in the combined areas of San Bernardino and Riverside Counties. Additionally, the Legislative Review Committee recommended that a provision setting term limits for persons serving as Council Members for the City of San Bernardino be included as part of the proposed Charter Amendment. If approved by the voters, the proposed salary adjustment and term limits would become effective January 1, 2009,with such salary adjustment based upon salaries in effect at the surveyed cities as of December 1, 2008. Thereafter, the annual salary would be adjusted and implemented January 1 of each subsequent year at the same average of the salaries received by council members in the five (5) cities with the largest population in the combined area of San Bernardino and Riverside Counties. The proposed term limits are modeled after those applicable to County of San Bernardino Supervisors and provide that Council Members are limited to serving no more than three (3) consecutive four (4) year terms as a Council Member for the City of San Bernardino. The deadline to place this Measure on the November 4, 2008 ballot is August 8,2008. The cost of conducting a special election for this matter will be $280,000-$300,000 pursuant to information received from the City Clerk's Office. FAEASLAND\Staff Reports\CouncilMember.SalTermLim.StaffReport.wpd I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF 3 COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 (a) In accordance with the Constitution of the State of California, the City of 8 San Bernardino, a municipal corporation, has adopted a Charter. 9 (b) The Mayor and Common Council of the City of San Bernardino desire to submit 10 to the electors the Charter Amendment set forth below in bold type in this resolution. 11 SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold 12 type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City 13 of San Bernardino for their approval or rejection at the consolidated special municipal election to 14 be held on Tuesday, November 4, 2008. 15 PROPOSED CHARTER AMENDMENT NO. 16 It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended 17 in its entirety (strike-out version of current wording is shown first) so that the entire Section 18 (shown in bold type) would now read as follows: 19 20 Section 24-A. Salary of Council. a a! salary of six Itundred dollars ($600.00), payable monthly. Effective 21 January 1, 2009, the annual salary of each Council Member shall be set at the average of the salaries received by council members of the five (5) cities highest 22 in population in the combined area of San Bernardino and Riverside Counties. Thereafter, said annual salary shall be adjusted and implemented January 1 23 of each subsequent year at the same average of the council members' salaries then in effect on said January 1 date of the five (5) cities highest in population 24 in the combined area of San Bernardino and Riverside Counties. The annual 25 salary shall be payable in twelve (12) equal monthly installments. / / / 26 27 28 F:\EASLAND\Resolutions\Counci lSalTermLim.Amend2.Reso.wpd I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT 3 TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 5 Additionally, it is proposed that Section 14-C of the Charter of the City of San Bernardino 6 be added to read as follows: 7 Section 14-C. Term Limits of Council Members. Effective January 1, 2009, elected Council Members shall be limited to serving three (3) successive four- 8 year terms as Council Members for the City of San Bernardino. 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 10 Common Council of the City of San Bernardino at a joint meeting I 1 thereof, held on the day of , 2008, by the following vote, to 12 wit: 13 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT 14 ESTRADA 15 BAXTER 16 BRINKER 17 DERRY 18 KELLEY 19 JOHNSON 20 MCCAMMACK 21 22 CITY CLERK 23 2008. The foregoing Resolution is hereby approved this day of ' 24 PATRICK J. MORRIS, Mayor 25 Approved as to form: City of San Bernardino 26 JAMES F. PENMAN 27 City ttorney 28 By: F:E SLAND\Resolutions\CouncilSalTermLim.Amend2.Reso.wpd 2 i I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A PROPOSED CHARTER 3 AMENDMENT RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM LIMITS;TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF 4 THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recital. 8 A. Resolution No. has been adopted by the Mayor and Common Council 9 of the City of San Bernardino on the date of , submitting to the electors of 10 the City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto 11 as 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 requested 14 by Resolution No. that the Board of Supervisors of the County of San Bernardino 15 consolidate the City's special municipal election with the election to be held on Tuesday, 16 November 4, 2008. 3 17 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal 18 election as it is to appear on the ballot shall be as follows: 19 20 21 22 23 24 I 25 26 g 27 28 F:\EASLAND\Resolutions\CouncilSalaryTermLim.Am.Reso.wpd I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 3 QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM 4 LIMITS;TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 6 MEASURE . Approve a Charter Amendment to -7 set the annual salary of Council Members on January 1, For the Amendment 2009 at the average of the salaries received by council 8 members of the five (5) cities highest in population in the combined area of San Bernardino and Riverside Counties, 9 as of December 1, 2008 and to limit Council Members to Against the Amendment serving three (3) successive four-year terms as a Council 10 Member for the City of San Bernardino, effective January 1, 2009. Thereafter, said annual salary shall be 11 adjusted and implemented January 1 of each subsequent year at the same average of the council member salaries 12 then in effect on said January 1 date of the five (5) cities highest in population in the combined area of 13 San Bernardino and Riverside Counties. The annual salary shall be payable in twelve (12) equal monthly 14 installments. 15 The measure shall be designated on the ballot by a letter printed on the left margin of the 16 square containing the description of the measure as provided in the Elections Code of the State 17 of California. 18 SECTION 4. Canvass of Returns. Pursuant to Resolution No. , the Registrar 19 of Voters of the County of San Bernardino is authorized to canvass the returns of the consolidated 20 special municipal election and to conduct the consolidated special municipal election in all respects 21 as if there were only one election with only one form of ballot. Results of said special municipal 22 election shall be certified to the Mayor and Common Council of the City of San Bernardino. 23 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice 24 of the special municipal election which shall contain the following: 25 A. The date of the election and the hours the polls will be open. 26 B. That the last day for receipt of primary arguments for or against the measure has 27 been established as 5:00 p.m. on August 18, 2008 in the City Clerk's Office, Second Floor, City 28 Hall, 300 North "D" Street, San Bernardino, California. FAEASLAND\Resolutions\CounciISalaryTermLim.Am.Reso.wpd 2 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 3 QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM 4 LIMITS;TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 6 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 28, 2008 7 in the City Clerk's office at the above location. 8 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall 9 also include the text of the proposed Charter Amendment, in accordance with the Elections Code. 10 This notice may be combined with a notice of any other municipal election to be held on 11 the same date. 12 SECTION 6. Conduct of Election . Pursuant to Resolution No. , the 13 consolidated special municipal election shall be held in such precincts and at such polling places 14 as shall be determined by the Registrar of Voters of the County of San Bernardino. The Board 15 of Supervisors of the County of San Bernardino has been requested to issue instructions to the 16 Registrar of Voters to take all steps necessary for the holding of the consolidated election. The 17 City Manager has been authorized to execute a contract for the services necessary for conducting 18 said municipal election. 19 SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is 20 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of 21 San Bernardino and to file a copy of this Resolution with the Registrar of Voters. 22 SECTION 8. Transmission of Proposed Charter Amendment . Pursuant to the State of 23 California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter 24 Amendment, and all other necessary documents, to the Office of the City Attorney for purposes 25 of preparation of an Impartial Analysis. 26 27 28 F:\EASLAND\Resolutions\CouncilSalaryTermLim.Am.Reso.wpd 3 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 3 QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM 4 LIMITS;TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint meeting 8 thereof, held on the day of , 2008, by the following vote, to 9 wit: 10 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 CITY CLERK 20 21 2008. The foregoing Resolution is hereby approved this day of , 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino Approved as to form: 25 JAMES F. PENMAN 26 City Attorney 27 By: 28 0 F:\EASLAND\Resolutions\Counci IS a]aryTermLim.Am.Reso.wpd 4 I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF 3 COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 (a) In accordance with the Constitution of the State of California, the City of 8 San Bernardino, a municipal corporation, has adopted a Charter. 9 (b) The Mayor and Common Council of the City of San Bernardino desire to submit 10 to the electors the Charter Amendment set forth below in bold type in this resolution. 1 I SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold 12 type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City 13 of San Bernardino for their approval or rejection at the consolidated special municipal election to 14 be held on Tuesday, November 4, 2008. 15 PROPOSED CHARTER AMENDMENT NO. 16 It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended 17 in its entirety (strike-out version of current wording is shown first) so that the entire Section 18 (shown in bold type) would now read as follows: 19 20 Section 24-A. Salary of Council. The C„uneil Members shall eaeh ree animal salary of six hundred dollars ($600.00), payable monthly. Effective 21 January 1, 2009, the annual salary of each Council Member shall be set at the average of the salaries received by council members of the five (5) cities highest 22 in population in the combined area of San Bernardino and Riverside Counties as of December 1, 2008. Thereafter, said annual salary shall be adjusted and 23 implemented January 1 of each subsequent year at the same average of the council member salaries then in effect on said January 1 date of the five (5) 24 cities highest in population in the combined area of San Bernardino and Riverside Counties. The annual salary shall be payable in twelve (12) equal 25 monthly installments. 26 Additionally, it is proposed that Section 14-C of the Charter of the City of San Bernardino 27 be added to read as follows: 28 / / / F:\EASLAND\Resolutions\SalTermLim.CouncilMem08ExhA.Reso.wpd 1 "EXHIBIT All I I I I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT 3 TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 5 Section 14-C. Term Limits of Council Members. Effective January 1, 2009, elected Council Members shall be limited to serving three (3) successive four- 6 year terms as Council Members for the City of San Bernardino. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a joint meeting 9 thereof, held on the day of , 2008, by the following vote, to 10 wit: I I COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 BAXTER 14 BRINKER 15 DERRY 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 CITY CLERK 21 22 2008. The foregoing Resolution is hereby approved this day of , 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 JAMES F. PENMAN 27 City Attorney 28 By: F:\EASLAND\Resolut ions\SalTenuLirn.CouncilMem08ExhA.Reso.wpd 2 "EXHIBIT A" I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 3 CHARTER AMENDMENT RELATING TO THE SALARY OF THE COUNCIL MEMBERS AND SETTING TERM LIMITS AND REQUESTING THAT SAID CITY OF SAN 4 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 5 COUNTY OF SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Recitals. 9 A. In accordance with the Constitution of the State of California, the City of San 10 Bernardino, a municipal corporation, has adopted a Charter. I 1 B. The Mayor and Common Council of the City of San Bernardino desire to submit to 12 the qualified electors of the City of San Bernardino for their consideration a Charter Amendment 13 concerning the annual salary of the council members of the City of San Bernardino. 14 SECTION 2. Special Municipal Election Called. A special municipal election is hereby 15 called and will be held in the City of San Bernardino on Tuesday,November 4,2008,for the purpose 16 of submitting to the qualified electors of the City, for their approval or disapproval, the proposed 17 Charter Amendment as set forth in Exhibit"A" attached hereto. 18 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the 19 California Elections Code, the Mayor and Common Council of the City of San Bernardino request 20 that the Board of Supervisors of the County of San Bernardino consolidate the City's special 21 municipal election with the statewide general election to be held on Tuesday,November 4, 2008. 22 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 23 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be 24 closed, except as provided in Section 14401 of the California Elections Code. 25 26 27 28 F:\EASLAND\Resolutions\SalaryTer mLim.CoimcilMembers.08.reso.wpd 1 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 3 CHARTER AMENDMENT RELATING TO THE SALARY OF THE COUNCIL MEMBERS AND SETTING TERM LIMITS AND REQUESTING THAT SAID CITY OF SAN 4 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 5 COUNTY OF SAN BERNARDINO. 6 SECTION 4. Measure. The measure to be voted on at the consolidated special municipal 7 election as it is to appear on the ballot shall be as follows: 8 MEASURE . Approve a Charter 9 Amendment to set the annual salary of Council Members on January 1, 2009 at the average of For the Amendment 10 the salaries received by council members of the five (5) cities highest in population in the 11 combined area of San Bernardino and Riverside Counties, as of December 1, 2008, and to limit Against the Amendment 12 Council Members to serving three (3) successive four-year terms as a Council 13 Member for the City of San Bernardino, effective January 1, 2009. Thereafter, said 14 annual salary shall be adjusted and implemented January 1 of each subsequent year 15 at the same average of the council member salaries then in effect on said January 1 date of 16 the five (5) cities highest in population in the combined area of San Bernardino and Riverside 17 Counties. The annual salary shall be payable in twelve (12) equal monthly installments. 18 19 The measure shall be designated on the ballot by a letter printed on the left margin of the 20 square containing the description of the measure as provided in the California Elections Code. 21 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of 22 San Bernardino is hereby authorized to canvass the returns ofthe special municipal election so called 23 and to conduct the special municipal election in all respects as if there were only one election with 24 only one form of ballot. Results of the special municipal election shall be certified to the Mayor and 25 Common Council of the City of San Bernardino. 26 27 28 F:\EASLAND\Resolutions\SalatyTermLim.CouncilMembers.08.reso.wpd 2 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 3 CHARTER AMENDMENT RELATING TO THE SALARY OF THE COUNCIL MEMBERS AND SETTING TERM LIMITS AND REQUESTING THAT SAID CITY OF SAN 4 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 5 COUNTY OF SAN BERNARDINO. 6 SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice of 7 the special municipal election which shall contain the following: 8 A. The time of the election; 9 B. The hours the polls will be open; 10 C. That the last day for receipt of primary arguments for or against the measure has been 11 established as 5:00 p.m. on August 18,2008 in the City Clerk's Office, Second Floor,City Hall,300 12 North "D" Street, San Bernardino, California; 13 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 28, 2008 14 in the City Clerk's Office at the above location. 15 The City Clerk is directed to make arrangements to accept arguments and to arrange for 16 sample ballots,which shall include the text of the proposed Charter Amendment, in accordance with 17 the California Elections Code. This notice may be combined with a notice of any other municipal 18 election to be held on the same date. 19 SECTION 7. Conduct of Election. The special municipal election so called shall be held 20 in such precincts and at such polling places as shall be determined by the Registrar of Voters of the 21 County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby 22 requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding 23 of the consolidated election. The City Manager is hereby authorized to execute a contract for the 24 services necessary for conducting the special municipal election. The City of San Bernardino 25 recognizes that additional costs will be incurred by the County by reasons of this consolidation and 26 agrees to reimburse the County for any such costs. 27 28 F:\EASLAND\Resolutions\SalaryTennLim.CouncilMembers.08.reso.wpd 3 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 3 CHARTER AMENDMENT RELATING TO THE SALARY OF THE COUNCIL MEMBERS AND SETTING TERM LIMITS AND REQUESTING THAT SAID CITY OF SAN 4 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 5 COUNTY OF SAN BERNARDINO. 6 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is 7 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of San 8 Bernardino and to file a copy of this Resolution with the Registrar of Voters. 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 10 Common Council of the City of San Bernardino at a joint meeting thereof,held 11 on day of , 2008, by the following vote, to wit: 12 Council Members: AYES NAYS ABSTAIN ABSENT 13 ESTRADA 14 BAXTER 15 BRINKER 16 DERRY 17 KELLEY 18 JOHNSON 19 MCCAMMACK 20 21 CITY CLERK 22 The foregoing resolution is hereby approved this day of , 2008. 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 JAMES F. PENMAN, 27 City ttorney 28 By: F:\E AND\Resolut ions\SalaryTermLim.CouncilMembers.08.reso.wpd 4 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT 3 TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 (a) In accordance with the Constitution of the State of California, the City of 9 San Bernardino, a municipal corporation, has adopted a Charter. 10 (b) The Mayor and Common Council of the City of San Bernardino desire to submit 11 to the electors the Charter Amendment set forth below in bold type in this resolution. 12 SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold 13 type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City 14 of San Bernardino for their approval or rejection at the consolidated special municipal election to 15 be held on Tuesday, November 4, 2008. 16 PROPOSED CHARTER AMENDMENT NO. 17 It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended 18 in its entirety (strike-out version of current wording is shown first) so that the entire Section 19 (shown in bold type) would now read as follows: 20 Section 24-A. Salary of Council. The Cotincil Members re annual salary of six hundred dollars ($600.00), payable monthly. — Effective 21 January 1, 2009, the annual salary of each Council Member shall be set at the average of the salaries received by council members of the five (5) cities highest 22 in population in the combined area of San Bernardino and Riverside Counties as of December 1, 2008. Thereafter, said annual salary shall be adjusted and 23 implemented January 1 of each subsequent year at the same average of the council member salaries then in effect on said January 1 date of the five (5) 24 cities highest in population in the combined area of San Bernardino and Riverside Counties. The annual salary shall be payable in twelve (12) equal 25 monthly installments. 26 Additionally, it is proposed that Section 14-C of the Charter of the City of San Bernardino 27 be added to read as follows: 28 / / / FAEAS LAN D\Resolutions\CouncilSal.TermLim.Am2ExhA.Reso.wpd 1 Exhibit "A" 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT 3 TO THE CHARTER OF SAID CITY OF SAN BERNARDINO RELATING TO THE SALARY OF COUNCIL MEMBERS AND SETTING TERM LIMITS. 4 5 Section 14-C. Term Limits of Council Members. Effective January 1, 2009, elected Council Members shall be limited to serving three (3) successive four- 6 year terms as Council Members for the City of San Bernardino. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a joint meeting 9 thereof, held on the day of , 2008, by the following vote, to 10 wit: 11 COUNCIL MEMBERS : AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 BAXTER 14 BRINKER 15 DERRY 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 CITY CLERK 21 22 2008. The foregoing Resolution is hereby approved this day of ' 23 24 PATRICK J. MORRIS, Mayor 25 Approved as to form: City of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 28 By: F:\EASLAND\Resolutions\CouncilSal.TermLim.Am2ExhA.Reso.wpd 2 Exhibit "A"