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<;:ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
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Subject:
1
Authorization to pay invoice of$560.00 from
Gresham, Savage, Nolan & Tilden, LLP for
independent review ofImpartial Analysis of
Measure "I" By City Attorney
Dept: CITY ATTORNEY
.-
Date: November 29, 2001
Synopsis of Previous Council Action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to pay the invoice of $560.00 from
Gresham, Savage, Nolan & Tilden, LLP for its independent review of the Impartial Analysis of Measure
"I" by the City Attorney.
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
1eJ.!3/CJI
Agenda Item No. 10
STAFF REPORT
Council Meeting Date: December 3. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
November 29, 2001
Item #10
After completion of the impartial analysis prepared by the City Attorney on Measure "I"
which would amend Section 241 of the San Bernardino City Charter, one or more of the council
members inquired during a subsequent Council meeting as to the propriety of the City Attorney's
Office preparing the analysis. California Elections Code ~9280 states in relevant part as follows:
"~9280. Preparation of impartial analysis of measure by city attorney
. . . The city attorney shall prepare an impartial analysis of the measure
showing the effect of the measure on the existing law and the operation
of the measure. If the measure affects the organization or salaries of the
office of the city attorney, the governing board may direct the city elections
official to prepare the impartial analysis. . . ."
Since Measure "I" did not affect the organization or salaries of the office of the City
Attorney, Resolution No. 2001-242 was passed and adopted which, among other things, directed the
City clerk to transmit a copy of this Charter Ballot Measure to the Office of the City Attorney for
purposes of preparation of an Impartial Analysis.
However, since the issue had been raised, the City Attorney sought an independent review
from the law firm of Gresham, Savage, Nolan & Tilden, LLP, the law firm that prepared the
Impartial Analysis on Measure "M" at the request of the Mayor and Common, and also previously
researched and prepared a separate analysis on Section 241 of the City Charter, issuing its legal
opinion by letter dated August 9, 2000.
By letter dated August 17,2001, that same law firm issued a letter to the City Clerk, with
copies to the Mayor and Common Council and the City Attorney, concluding that the City
Attorney's Impartial Analysis on Measure "I" "to be a fair and impartial presentation and analysis
of the proposed change."
It is therefore requested that authorization be given to the City Attorney to pay the invoice
of $560.00 from the law firm of Gresham, Savage, Nolan & Tilden, LLP for its independent review
of the Impartial Analysis of Measure "I" prepared by the City Attorney.