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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: February 27, 2001
Subiect: Certificate of Sufficiency for
Referendum Petition Relative
To Ordinance No. MC-I091
Council Meeting: March 5, 2001
From: Rachel G. Clark, City Clerk
Deoartment: City Clerk
SvnoDsis of Previous Council Action:
1/16/01
City Council adopted Ordinance No. MC-1091 Repealing Chapter 2.20 of the San
Bernardino Municipal Code Relating to City Attorney Approval to Retain Outside
Special Counsel Services
Recommended Motion:
Receive and file the Certificate of Sufficiency certifying the Referendum Petition filed on February
14,2001 by proponents Evlyn Wilcox and Wendy McCammack in protest of Ordinance No. MC-
1091.
(2~ J.J. ~
, Signature
Contact person: Rachel G. Clark
Supporting Data Attached: Yes
FUNDING REQUIREMENTS:
Phone: extension 3210
Ward: Citywide
Amount:
Source:
Account DescriDtion:
Finance:
Council Notes:
Agenda Item No. /1
a/sJb)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
DATE:
TO:
FROM:
February 27,2001
Honorable Mayor & Members of the City Council
Rachel G. Clark, CMC, City Clerk
Subject:
Certificate of Sufficiency for Referendwn Petition relative to Ordinance No. MC-
1091
Backl!:round:
On January 16, 2001, the City Council adopted Ordinance No. MC-1091 that repealed Chapter
2.20 of the San Bernardino Municipal Code relating to City Attorney Approval to Retain Outside
Special Counsel Services.
On January 17, 2001, proponents Evlyn Wilcox and Wendy McCammack initiated a referendwn
petition protesting against the passage of the Ordinance. Pursuant to our City Charter Section
121, the referendwn petition needed signatures of voters equal in nwnber to at least thirty percent
(30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at
which time a Mayor was elected. The total nwnber of votes cast in the last Mayoral election
(1998) was 13,862 and 30% equals 4,159 - that nwnber representing the minimwn nwnber of
qualified signatures needed to make the petition sufficient.
February 15, 2001 was the deadline for the referendwn petition to be filed. The proponents filed
the referendwn petition with this office on February 14, 2001. The City Clerk's Office
immediately hand carried the referendwn petition containing approximately 6,458 signatures to
the County Registrar of Voters Office and asked them to conduct the verification of signatures
on the petition. Pursuant to our City Charter Section 120, ten days were allowed to conduct the
signature verification. Since the 10lh day fell on a Saturday, the deadline for completion of the
signature verification was moved to Monday, February 26.
On February 26, 2001, the County Registrar of Voters Office reported that they had completed
the examination of the petition and that the requisite nwnber of signatures had been found
sufficient to qualify the petition. Accordingly, I have prepared the attached Certificate of
Sufficiency, pursuant to City Charter Section 120, certifying that the Referendwn Petition filed
by proponents Evlyn Wilcox and Wendy McCammack, in protest of Ordinance No. MC-1 091, is
sufficient.
1
The City Council now has two options as provided in City Charter Section 121. The first option
is to reconsider the ordinance and repeal it in its entirety. The second option is to submit the
ordinance to a vote of the electors either at the next general municipal election or at a special
municipal election to be called for that purpose. If the Council chooses the second option, the
ordinance shall not go into effect or become operative unless a majority of the voters vote in
favor of it.
Financial ImDact: Unknown at this time because financial impact will not be known until the
Council decides which of the options to pursue. If the Council decides to place the ordinance on
the ballot, the County Registrar of Voters Office indicates an estimated cost of $140,000 to
$165,000 for a special, stand-alone election. If the special election were to be consolidated with
the November 6, 2001 Municipal Primary Election, the estimated cost is $35,000 to $50,000.
The $35,000 to $50,000 estimate includes the cost for conducting the City's primary election for
the four City offices up for election - Mayor and Council seats in the First, Second, and Fourth
Wards.
Recommendation:
Receive and f1!e the Certificate of Sufficiency certifying the Referendum Petition f1!ed on
February 14, 2001 by proponents Evlyn Wilcox and Wendy McCammack, in protest of
Ordinance No. MC-I091, as sufficient; and secondly, select one of the two options described
above as provided in City Charter Section 121.
GZd.J... b. ~
Rachel G. Clark, CMC
City Clerk
Attachment
2
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C, - CITY CLERK
'"
P.O. Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909,384,5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
CERTIFICATE OF SUFFICIENCY
I, Rachel G. Clark, City Clerk, City of San Bernardino, do hereby certify that the
Referendum Petition filed on February 14,2001 by proponents Evlyn Wilcox and Wendy
McCammack, in protest of Ordinance No. MC 1091, has been verified by the San
Bernardino County Registrar of Voters Office.
Based on the report received from the County Registrar of Voters, I hereby certify
the Petition as sufficient.
Dated this 26th day of February, 2001.
Q~h.~
~el G. Clark, CMC
City Clerk
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty