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(NOTE: COMPANION RESOLUTION 2010-264)
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1 RESOLUTION NO. 2010-263
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED
5 AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT A
6 SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2,
7 2010
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9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
10 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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12 FINDINGS:
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14 WHEREAS, pursuant to authority provided by Section 3 of Article XI of the
15 Constitution and Division 9, Chapter 3, Article 3 (commencing at !l9255) of the Election Code of
16 the State of California, and Title 4, Division 2, Chapter 2, Section 34458 of the Government Code
17 of the State of California, the legislative body ofthe City of San Bernardino desires to submit to
18 the qualified electors of said City a certain proposed amendment to the Charter of the City of San
19 Bernardino relating to Charter Sections 14, 55, 60, 70, and 241, and
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21 WHEREAS, !l9255(a) of the Election Code of the State of California requires a
22 proposed charter amendment be submitted to the voters at either the next regular general
23 municipal election or at a special municipal election called for that purpose occurring not less
24 than 88 days after the date of the order of election, and
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26 WHEREAS, pursuant to authority provided by state statute, the Charter of the City of
27 San Bernardino, and !l9255(a) of the Election Code ofthe State of California, the Common
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2010-263
1 Council of the City of San Bernardino is authorized to hold a special municipal election to submit
2 the proposed charter amendment to the voters, and
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4 WHEREAS, it is desirable that the charter amendment measure be presented for the
5 consideration of the voters at a special municipal election on November 2,2010, which date is not
6 less than 88 days after the date of adoption of this resolution.
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8 SECTION 1. That, pursuant to Section 3 of Article XI of the California Constitution
9 and 9 9255(a)(2) of the Election Code of the State of California, it is hereby ordered that the
10 following ballot measure proposing an amendment to the Charter of the City of San Bernardino
11 be submitted to the qualified electors of said City at a special municipal election to be held in said
12 City on November 2, 2010:
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Measure
YES
Shall the Charter of the City of San Bernardino be
amended to (I) make the City Attorney, City Clerk and
City Treasurer appointed, rather than elected positions;
(2) allow for greater flexibility in the employment of
additional legal services; and, (3) add professional
qualification requirements for the positions of City
Clerk and City Treasurer?
NO
21 SECTION 2. Should said question be approved by the requisite vote, the measure
22 attached hereto as Exhibit' A' and incorporated by this reference shall be enacted.
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24 SECTION 3. Because the proposed measure affects the organization of the offices of
25 the City Attorney and the City Clerk, the City Manager shall cause the preparation of an impartial
26 analysis ofthe measure, which shall be filed by the date set by the San Bernardino Country
27 Registrar of Voters for the filing of arguments.
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2010-263
1 SECTION 4. That the notice of the time and place of holding the election is hereby
2 given and the San Bernardino County Registrar of Voters is hereby authorized, instructed and
3 directed to give further or additional notice of the election, in such time, form and manner as
4 required by law.
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6 SECTION 5. The polls of each election shall be open at seven o'clock a.m. of the day
7 of said election and shall remain open continuously from that time until eight o'clock p.m. of the
8 same day when said polls shall be closed, except as provided in Section 14401 of the Election
9 Code of the State ofCalifomia.
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11 SECTION 6. That the City Clerk is hereby directed to file a certified copy of this
12 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters.
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14 SECTION 7. That the City Clerk shall certify to the passage and adoption of this
15 resolution and enter it into the book of original resolutions.
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17 SECTION 8. In all particulars not recited in this resolution, the election shall be held
18 and conducted as provided by law for holding municipal elections in this City.
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20 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby
21 authorized and directed, jointly and severally, to do any and all things and to execute and deliver
22 any and all documents which they may deem necessary or advisable in order to effectuate the
23 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified
24 and confirmed.
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26 SECTION 10. If any provision of this Resolution or the application thereof to any
27 person or circumstance is held invalid, such invalidity shall not affect other provisions or
28 applications of the Resolution which can be given effect without the invalid provision or
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2010-263
1 application, and to this end the provisions ofthis Resolution are severable. The Common Council
2 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any
3 particular portion thereof.
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5 SECTION II. This Resolution shall take effect upon adoption.
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2010-263
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSED
3 AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT A
4 SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2,
5 2010
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Council of the City of San Bernardino at a j oint regular meeting thereof, held on the
2nd day of August
,2010, by the following vote, to wit:
Cf~)J,~
RaClwl Clark, City Clerk
The foregoing Resolution is hereby approved this $~day of AU\>l1St ,2010.
Ma or
25 Approved as to form:
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PIERO DALLARDA
:;:#~
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2010-263
1
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Exhibit A
3 SECTION 1. Section 14 of the Charter of the City of San Bernardino is amended to read:
4 "Section 14. Officers and Terms. There shall be elected at its general election in 1996 and every
5 fourth year thereafter, four members of the Common Council, one each from the Third, Fifth,
6 Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective
7 wards for at least thirty (30) consecutive days next preceding the date of filing of their nomination
8 papers for the office and who shall be elected by the qualified electors of their respective wards
9 for a term of four years commencing on the first Monday in March next succeeding such election.
10 There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor
11 who shall be elected at large for a term of four years commencing on the first Monday in March
12 next succeeding such election."
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14 SECTION 2. Section 55 ofthe Charter of the City of San Bernardino is amended to read:
15 "Section 55. City Attorney-Position-Duties. (a) There is hereby created the position of City
16 Attorney. The City Attorney shall be appointed by and may be removed by the affirmative votes
17 of at least a majority of the total membership of the Common Council with the consent of the
18 Mayor.
19 "(b) To be eligible to hold the position of City Attorney, the person appointed shall be an
20 attorney at law, duly licensed under the laws of the State of California, and shall have been
21 engaged in the practice of law for at least five (5) years prior to appointment. The Mayor and
22 Common Council may establish by ordinance additional professional or educational eligibility
23 requirements for the position of City Attorney.
24 "(c) The City Attorney shall be the chief legal officer of the City; the City Attorney shall
25 represent and advise the Mayor and Common Council and all City officers in all matters of law
26 pertaining to their offices; the City Attorney shall represent and appear for the City in all legal
27 actions brought by or against the City, and prosecute violations of City ordinances, and may
28 prosecute violations of state law which are misdemeanors or infractions and for which the City
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2010-263
1 Attorney is specifically granted the power of enforcement by state law without approval of the
2 District Attorney, or those violations which are drug or vice related; the City Attorney shall also
3 act and appear as attorney for any City officer or employee who is a party to any legal action in
4 his or her official capacity; the City Attorney shall attend meetings of the Mayor and Common
5 Council, draft proposed ordinances and resolutions, as requested by Mayor or Common Council,
6 give professional advice or professional opinions in writing when requested to do so by the
7 Mayor or Common Councilor other City official upon any matter pertaining to municipal affairs;
8 and otherwise to do and perform all services incident to the position of City Attorney and
9 required by statute, this Charter or general law.
10 "(d) The Mayor and Common Council shall have control of all legal business and
11 proceedings. The salary of the City Attorney shall be fixed by the Mayor and Common Council.
12 The City Attorney shall be provided with office space and equipment, and clerical help by the
13 City."
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15 SECTION 3. Section 60 of the Charter of the City of San Bernardino is amended to read:
16 "Section 60. City Clerk-Position-Duties. (a) There is hereby created the position of City Clerk.
17 The City Clerk shall be appointed by and may be removed by the affirmative votes of at least a
18 majority of the total membership of the Common Council with the consent of the Mayor.
19 "(b) To be eligible to hold the position of City Clerk, the person appointed shall be a
20 Certified Municipal Clerk in accordance with the International Institute of Municipal Clerks. The
21 Mayor and Common Council may establish by ordinance additional professional or educational
22 eligibility requirements for the position of City Clerk.
23 "( c) The duties of the City Clerk shall be to keep the corporate seal and all books, papers,
24 records and other docurnents belonging to the Office of the City Clerk, attend all meetings of the
25 Mayor and Common Council and keep a journal of the proceedings. The City Clerk shall have
26 full power and authority to take all affidavits and administer all oaths necessary in the transaction
27 of city business, but shall make no charge therefor. The City Clerk's official books and records
28 shall be kept properly indexed and be open to public inspection during office hours. The City
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2010-263
1 Clerk shall number and keep a record of all demands allowed and certified to the City Clerk,
2 showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund
3 out of which the same is payable. The City Clerk shall issue all licenses and countersign all
4 warrants on the City Treasury, except warrants of the boards, and shall do and perform all other
5 acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common
6 Council.
7 "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The
8 City Clerk shall be provided with office space and equipment, and clerical help by the City."
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10 SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read:
11 "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City
12 Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative
13 votes of at least a majority of the total membership of the Common Council with the consent of
14 the Mayor,
15 "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a
16 certified public accountant, duly licensed under the laws of the State of California, prior to
17 appointment. The Mayor and Common Council may establish by ordinance additional
18 professional or educational eligibility requirements for the position of City Treasurer,
19 "(c) The City Treasurer shall receive and payout all moneys belonging to the City, and
20 shall keep an account of all receipts and expenditures, under such rules and regulations as may be
21 prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common
22 Council of the receipts and expenditures of the preceding month, and shall perform all duties
23 required of the City Treasurer by law and by the Mayor and the Common Council. The City
24 Treasurer shall not payout any monies belonging to the City except on claims presented, allowed
25 and submitted in the marmer provided by this Charter.
26 "(d) The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City
27 Treasurer shall be provided with office space and equipment, and clerical help by the City."
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2010-263
1 SECTION 5. Section 241 of the Charter ofthe City of San Bernardino is amended to read:
2 "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall
3 have power and authority to employ and engage such legal counsel and services and other
4 assistants, as may be necessary and proper for the interest and benefit of the City and the
5 inhabitants thereof."
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7 SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every
8 section and provision hereof, shall take effect on March 1, 2011.
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10 SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if
11 any sentence, section or other part of this charter amendment should be found to be invalid, such
12 invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in
13 full force and effect.
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