HomeMy WebLinkAbout1989-233
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RESOLUTION NO. 89-233
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT
3 VIOLATIONS OF CITY ORDINANCES WOULD BE EITHER MISDEMEANORS OR
INFRACTIONS AND WOULD ELIMINATE THE MAXIMUM PENALTY THEREFOR AND
4 REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
5 BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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A. Resolution No. 89-232
has been adopted by the Mayor
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and Common Council of the City of San Bernardino on this date,
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July 5, 1989
, submitting to the electors of the City of
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San Bernardino a proposed Charter Amendment, a copy of which is
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attached hereto as Exhibit "A" and is hereby incorporated herein
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as though fully set forth.
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B. It is desirable that the special municipal election to
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consider said proposed Charter Amendment be consolidated with the
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general election conducted by the County of San Bernardino on
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Tuesday, November 7, 1989; that within the City of San Bernardino
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the precincts, polling places and election officers for the two
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elections be the same; that the Board of Supervisors of the
County of San Bernardino canvass the returns of the City
election; and that the general election and the special municipal
election be held in all respects as if there were only one
election.
SECTION 2.
Special Municipal EJection Called. A special
municipal election is called and will be held in the City of San
Bernardino on Tuesday, November 7, 1989, for the purpose of
submitting to the qualified electors of the City, for their
DAB:br
June 23, 1989
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1 approval or disapproval, the proposed Charter Amendment set forth
2 in Exhibit "A" hereto.
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SECTION 3.
Request for Consolidation of Elections.
4 Pursuant to Section 23302 of the Elections Code, the Mayor and
5 Common Council of the City of San Bernardino request that the
6 Board of Supervisors of the County of San Bernardino consolidate
7 the City's special municipal election with the general election
8 to be held on Tuesday, November 7, 1989.
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SECTION 4.
Measure.
The measure to be voted on at the
10 special municipal election as it is to appear on the ballot shall
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MEASURE APPROVES A CHARTER
AMENDMENT TO PROVIDE THAT VIOLATIONS
OF CITY ORDINANCES SHALL BE EITHER
MISDEMEANORS OR INFRACTIONS AND TO
ELIMINATE THE MAXIMUM PENALTY THEREFOR.
FOR THE
AMENDMENT
AGAINST THE
AMENDMENT
The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
the State of California.
SECTION 5.
Canvass of Returns by Board of Supervisors.
The Board of Supervisors of the County of San Bernardino is
hereby authorized to canvass the returns of the special municipal
election called by this resolution and to conduct the special
election and the general election in all respects as if there
were only one election with only one form of ballot. Results of
the municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
DAB:br
June 23, 1989
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SECT ION 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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Auqust 8, 1989
, in the City Clerk's Office, Second Floor,
8 City Hall, 300 North "0" Street, San Bernardino, California;
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C. That the last day for receipt of rebuttal arguments is
10 4: 30 p. m. on Allgllst 15 r 1989, in the City Clerk's office at the
11 above location.
12 The City Clerk is directed to accept arguments and arrange
13 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
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20 precincts and at such polling places as shall be determined by
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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SECTION 8.
Filing of Resolution.
The City Clerk of the
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June 23, 1989
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1 City of San Bernardino is directed to file a certified copy of
2 this resolution with the Board of Supervisors of the County of
3 San Bernardino.
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5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
regular
7 Bernardino at an adjourned/ meeting thereof, held on the 5th
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July
, 1989, by the following vote, to wit:
day of
Council Members Estrada, Reilly, Flores, Maudsley,
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AYES:
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NAYS:
Pope-Ludlam, Miller
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None
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ABSENT:
Council Member Minor
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h/Z27A~ ~Ah/
C:tty Cle~~
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The foregoing resolution is hereby approved this 7r~ day
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of
July
, 1989.
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Approved as to form
21 and legal content:
22 JAMES F. PENMAN,
City Attorney
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DAB:br
June 23, 1989
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PROPOSED CHARTER AMENDMENT NO.
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"( r) Fines and penal ties.
Council shall have power to
4 impose fines, penalties and forfeitures for any and all
5 violations or ordinances, and for any breach or violation of
6 ordinances; to fix the penalty by fine or imprisonment, or both_
7 byt no cygb fino Ch311 oxoood fi~o hundred dallaro ($500.00), Ror
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tho tgrm of ~Ych impri~onmgnt oxoogd 8ix (9) Mantha.
The
9 violation of any lawful ordinance made by the Mayor and Common
10 Council shall constitute either a misdemeanor or an infraction,
11 as determined by the Council by ordinance, and shall be
12 prosecuted in the name of the people of the State of California."
13 Strike-outs - Language to be deleted.
Underlines - Language to be added.
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DAB:br
June 23, 1989
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EXHIBIT ",:I"
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ANALYSIS BY CITY ATTORNEY
BACKGROUND
Currently Section 40(r) of the Charter provides that
violations of City ordinances are misdemeanors and imposes a
maximum penalty of five hundred dollars ($500.00). In 1974 State
law authorized such violations to be either misdemeanors or
infractions as determined by the City.
In 1983 State law
authorized an increase in the maximum penalty from five hundred
dollars ($500.00) to one thousand dollars ($1,000.00). The City
cannot implement such changes without a Charter amendment.
PROPOSAL
This measure would amend Section 40(r) of the Charter of
the City of San Bernardino to allow the Mayor and Common Council
to specify that violation of City ordinances would be either
misdemeanors or infractions and would delete the maximum penalty
specified in the Charter.
The City would then be governed by
State law with regard to the maximum penalty which is now set at
one thousand dollars ($1,000.00) but which may be changed from
time to time.
If this measure is not approved, the violation of City
ordinances will be restricted to misdemeanors and the maximum
penalty will be limited to five hundred dollars ($500.00).
A copy of the proposed Charter Amendment may be obtained,
at not cost, by calling the office of the City Clerk of the City
of San Bernardino.
DAB:br
June 23, 1989
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