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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT
3 RESOLUTIONS NEED NOT BE PUBLICLY READ BEFORE ADOPTION AND
REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
4 WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE C!TY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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A. Resolution No.
has been adopted by the Mayor
9 and Common Council of the City of San Bernardino on this date,
10 , submitting to the electors of the City of
11 San Bernardino a proposed Charter Amendment, a copy of which is
12 attached hereto as Exhibit "A" and is hereby incorporated herein
13 as though fully set forth.
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B.
It is desirable that the special municipal election to
15 consider said proposed Charter Amendment be consolidated with the
16 general election conducted by the County of San Bernardino on
17 Tuesday, November 7, 1989; that within the City of San Bernardino
18 the precincts, polling places and election officers for the two
19 elections be the same; that the Board of Supervisors of the
20 County of San Bernardino canvass the returns of the City
21 election; and that the general election and the special municipal
22 election be held in all respects as if there were only one
23 election.
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SECTION 2.
Special Municipal Election Called. A special
25 municipal election is called and will be held in the City of San
26 Bernardino on Tuesday, November 7, 1989, for the purpose of
27 submitting to the qualified electors of the City, for their
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DAB:br
June 23, 1989
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1 approval or disapproval, the proposed Charter Amendment set forth
2 in Exhibit "A" hereto.
SECTION 3.
Request for Consolidation of Elections.
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4 Pursuant to Section 23302 of the Elections Code, the Mayor and
5 Common Council of the City of San Bernardino request that the
6 Board of Supervisors of the County of San Bernardino consolidate
7 the City's special municipal election with the general election
8 to be held on Tuesday, November 7, 1989.
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SECTION 4.
The measure to be voted on at the
Measure.
10 special municipal election as it is to appear on the ballot shall
11 be as fOllows:
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MEASURE APPROVES A CHARTER
AMENDMENT TO PROVIDE THAT RESOLUTIONS
NEED NOT BE PUBLICLY READ BEFORE
ADOPTION BY THE MAYOR AND COUNCIL
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.
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The Board of Supervisors of the County of San Bernardino is
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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
were only one election with only one form of ballot. Results of
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the municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
DAB:br
June 23, 1989
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SECTION 6.
Notice of Election. The City Clerk is hereby
2 directed to publish a notice of the municipal election which
3 shall contain the following:
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A. The date of the election;
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B. That the last day for receipt of primary arguments for
6 or against the measure has been established as 4:30 p.m. on
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, in the City Clerk's Office, Second Floor,
8 City Hall, 300 North "D" Street, San Bernardino, California;
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C. That the last day for receipt of rebuttal arguments is
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4:30 p.m. on
, in the City Clerk's office at the
11 above location.
12 The City Clerk is directed to accept arguments and arrange
013 for sample ballots, which shall include the text of the proposed
14 ordinance, in accordance with Section 5010, et seq., and Section
15 5350 of the Elections Code.
16 This notice may be combined with a notice of any other
17 special municipal election to be held on the same date.
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SECTION 7.
Conduct of Election.
The special municipal
19 election called by this resolution shall be held in such
20 precincts and at such polling places as shall be determined by
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the Registrar of Voters of the County of San Bernardino.
The
22 Board of Supervisors of the County of San Bernardino is hereby
23 requested to issue instructions to the Registrar of Voters to
24 take all steps necessary for the holding of the consolidated
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election.
The Mayor is hereby authorized to execute a contract
26 for the services necessary for conducting the municipal election.
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DAB:br
June 26, 1989
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SECTION 8.
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Filing of Resolution. The City Clerk of the
2 City of San Bernardino is directed to file a certified copy of
3 this resolution with the Board of Supervisors of the County of
4 San Bernardino.
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6 I HEREBY CERTIFY that the foregoing resolution was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a meeting thereof, held on the
9 day of , 1989, by the following vote, to wit:
10 AYES: Council Members
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NAYS:
ABSENT:
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City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
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Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
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DAB:br
June 23, 1989
W.R. Holcomb, Mayor
City of San BernardinO
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PROPOSED CHARTER NO.
"SECTION 31.
Ordinances - Adoption - Emergency and
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urgency.
Except for emergency or urgency ordinances, no
4 ordinance may be adopted by the Common Council on the day of its
5 introduction, nor within five (5) days thereafter, nor except at
6 a regular or adjourned regular meeting. At the time of adoption
7 of an ordinance er-re8ei~tieR-it shall be read in full unless,
8 except for its title, the reading thereof is waived by unanimous
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consent of all Council members present.
If an ordinance is
10 altered after its introduction (except for correction of
11 typographical or clerical errors), it shall not be adopted except
12 at a regular or adjourned regular meeting held not less than five
13 (5) days after the date of such alteration. Ordinances and codes
14 may be adopted by reference in accordance with general law.
15 Emergency or 'urgency ordinances and each resolution may be
16 adopted on the day of introduction and may take effect upon
17 adoption; provided, however, that this section is not intended,
18 nor shall it be deemed to affect the method of adopting special
19 ordinances and resolutions as required by municipal improvement
20 act, laws relating to elections, taxation, and annexations, or
21 other provisions of law prescribing the time, form and manner for
22 the adoption of ordinances and resolutions of special cases.
23 No order, resolution or ordinance shall have effect without
24 approval of the Mayor, except when five (5) members of the Common
25 Council concur in its adoption. In case of orders, the approval
26 of the Mayor shall be presumed unless at the same meeting at
27 which the order is passed, the Mayor causes his or her
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DAB:br
June 26, 1989
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disapproval, with his or her reasons therefor, to be spread upon
the minutes.
All resolutions and ordinances after passage must
be submitted to the Mayor who shall, within five (5) days after
he or she has received the same, endorse his or her approval or
disapproval thereon, giving the reasons for his or her
disapproval.
Each ordinance or resolution to be valid must be
passed by a vote of not less than four BB~RB!l.BR Council members
and approval by the Mayor, provided that if the Mayor fails to
approve the same it may be passed by a vote of not less than five
(5) B8~R8!1.eR Council members, and shall take effect as if
approved by the Mayor."
strike-outs - Language to be deleted.
Underlines - Language to be added.
DAB:br
June 26, 1989
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1 ANALYSIS BY CITY ATTORNEY
2 BACKGROUND
3 When the Charter of the City was first adopted the
4 technology was not available to make copies of documents to be
5 considered by the Mayor and Council available to the public. It
6 is apparently for this reason that the Charter requires that all
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resolutions be publicly read before adoption.
The Charter also
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provides that upon unanimous vote
of the Council this
9 requirement may be dispensed with for each individual resolution
10 and as a practical matter, this is what is done in almost every
11 case.
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13 PROPOSAL
14 This measure would amend Section 31 of the Charter of the
15 City of San Bernardino to delete the requirement that resolutions
16 be read publicly. This would allow the Mayor and Council to take
17 action on a resolution without going through the current practice
18 of publicly reading the title and then taking a vote on waiving
19 the public reading of the complete resolution.
20 If this measure is not approved, public reading of the
21 title of each resolution by the Clerk would still be required
22 followed by public reading of the complete resolution or the
23 waiver of such reading by unanimous vote of the Council.
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DAB:br
June 23, 1989