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HomeMy WebLinkAbout2010-264 (NqTE: COMPANION RESOLUTION 2010-263) 1 RESOLUTION NO. 2010-264 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 4 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 5 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SPECIAL MUNICIPAL 6 ELECTION TO BE HELD ON TUESDAY NOVEMBER 2, 2010, WITH THE 7 STATEWIDE GENERAL ELECTION PURSUANT TO ~ 10403 OF THE ELECTIONS 8 CODE FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT AND 9 REQUESTING SERVICES OF THE SAN BERNARDINO COUNTY REGISTRAR OF 10 VOTERS FOR THE CONDUCT OF THE ELECTION AND FOR THE PROCESSING OF 11 THE CITY'S PROPOSED MEASURES 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLLOWS: 16 17 FINDINGS: 18 19 WHEREAS, the Mayor and Common Council desire to submit certain matters to the 20 City's electorate, and 21 22 WHEREAS, one of those matters is a charter amendment which the legislative body 23 of the City of San Bernardino has proposed pursuant to authority provided by Article XI of the 24 Constitution and Title 4, Division 2, and Division 9, Chapter 3, Article 3 (commencing at ~ 9255) 25 of the Election Code ofthe State of California, and Title 4, Division 2, Chapter 2, Section 34458 26 of the Government Code of the State of California, and 27 28 WHEREAS, the Common Council of the City of San Bernardino is authorized and 2010-264 1 directed by statute to submit the proposed charter amendment to the voters as set forth above, and 2 WHEREAS, the Common Council of the City of San Bernardino called a special 3 municipal election to be held on November 2,2010, for the purpose, in part, of submitting to the 4 voters the proposed charter amendment relating to Charter Sections 14,55,60,70, and 241, and 5 6 WHEREAS, it is desirable that the special municipal election be consolidated with the 7 Statewide General Election to be held on the same date and that within the City the precincts, 8 polling places and election officers of the two elections be the same, and that the San Bernardino 9 County Registrar of Voters canvass the returns of the special municipal election and that the 10 election be held in all respects as if there were only one election. 11 12 SECTION 1. That pursuant to the requirements of S 10403 of the Election Code of 13 the State of California, the Board of Supervisors of the County of San Bernardino is hereby 14 requested to consent and agree to the consolidation of a special municipal election with the 15 Statewide General Election on Tuesday, November 2,2010. 16 17 SECTION 2. That the following proposed charter amendment be submitted to the 18 voters of the City at the special municipal election to be held on Tuesday, November 2, 2010, 19 together with the Statewide General Election: 20 21 22 23 24 25 26 27 28 Measure YES Shall the Charter of the City of San Bernardino be amended to (1) 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 - 2- 2010-264 1 2 SECTION 3. Should said question be approved by the requisite vote, the measure 3 attached hereto as Exhibit' A' and incorporated by this reference shall be enacted. 4 5 SECTION 4. That the San Bernardino County Registrar of Voters provide all services 6 necessary to conduct the special election including accepting the filing of arguments, rebuttals 7 and other documents and performing all processing and pre-election responsibilities, and to 8 conduct and canvass the results of the special election. The election shall be held in all respects 9 as if there were only one election, and only one form of ballot shall be used. 10 11 SECTION 5. That the Board of Supervisors is requested to issue instructions to the 12 San Bernardino County Registrar of Voters to take any and all steps necessary for the holding of 13 the consolidated election. 14 15 SECTION 6. That the City of San Bernardino recognizes that additional costs will be 16 incurred by the County by reason of this consolidation and agrees to reimburse the County for 17 any costs. 18 19 SECTION 7. That the City Clerk is hereby directed to file a certified copy of this 20 resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 21 22 SECTION 8. That the City Clerk shall certify to the passage and adoption of this 23 resolution and enter it into the book of original resolutions. 24 25 SECTION 9. The City Clerk, City Manager and Special Counsel are hereby 26 authorized and directed, jointly and severally, to do any and all things and to execute and deliver 27 any and all documents which they may deem necessary or advisable in order to effectuate the 28 purpose of this Resolution, and such actions previously taken by such officers are hereby ratified - 3 - 2010-264 1 and confirmed. 2 SECTION 10. If any provision of this Resolution or the application thereof to any 3 person or circumstance is held invalid, such invalidity shall not affect other provisions or 4 applications of the Resolution which can be given effect without the invalid provision or 5 application, and to this end the provisions of this Resolution are severable. The Common Council 6 hereby declares that it would have adopted this Resolution irrespective of the invalidity of any 7 particular portion thereof. 8 9 SECTION 11. This Resolution shall take effect upon adoption. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 2010-264 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 3 THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A SPECIAL MUNICIPAL 4 ELECTION TO BE HELD ON TUESDAY NOVEMBER 2, 2010, WITH THE 5 STATEWIDE GENERAL ELECTION PURSUANT TO ~ 10403 OF THE ELECTIONS 6 CODE FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT AND 7 REQUESTING SERVICES OF THE SAN BERNARDINO COUNTY REGISTRAR OF 8 VOTERS FOR THE CONDUCT OF THE ELECTION AND FOR THE PROCESSING OF 9 THE CITY'S PROPOSED MEASURES 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 11 and Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 12 2nd day of August 13 COUNCIL MEMBERS: 14 MARQUEZ 15 DESJARDINS 16 BRINKER 17 SHORETT 18 KELLEY 19 JOHNSON 20 MC CAMMACK 21 22 23 24 25 26 27 28 ,2010, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS x x x x ---"'- x ---"'- Q~h.~ Rac1're1 Clark, City Clerk The foregoing Resolution is hereby approved this JAA..eayof August ,2010. - 5 - 2010-264 1 2 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." 13 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 -6- 2010-264 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." 14 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 ofthe 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 documents 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 - 7 - , . 2010-264 1 2 3 4 5 6 7 8 9 10 11 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clerk shall number and keep a record of all demands allowed and certified to the City Clerk, showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund out of which the same is payable. The City Clerk shall issue all licenses and countersign all warrants on the City Treasury, except warrants of the boards, and shall do and perform all other acts required of the City Clerk by this Charter, or by ordinance, or by the Mayor and Common Council. "(d) The salary of the City Clerk shall be fixed by the Mayor and Common Council. The City Clerk shall be provided with office space and equipment, and clerical help by the City." SECTION 4. Section 70 of the Charter of the City of San Bernardino is amended to read: "Section 70. City Treasurer-Position-Duties. (a) There is hereby created the position of City Treasurer. The City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the Common Council with the consent of the Mayor. "(b) To be eligible to hold the position of City Treasurer, the person appointed shall be a certified public accountant, duly licensed under the laws of the State of California, prior to appointment. The Mayor and Common Council may establish by ordinance additional professional or educational eligibility requirements for the position of City Treasurer. "(c) The City Treasurer shall receive and payout all moneys belonging to the City, and shall keep an account of all receipts and expenditures, under such rules and regulations as may be prescribed. The City Treasurer shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and shall perform all duties required of the City Treasurer by law and by the Mayor and the Common Council. The City Treasurer shall not payout any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this Charter. "(d) The salary of the City Treasurer shall be fixed by the Mayor and Common Council. The City Treasurer shall be provided with office space and equipment, and clerical help by the City." - 8- " 2010-264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Section 241 ofthe Charter of the City of San Bernardino is amended to read: "Section 241. Employment of Legal Counsel. The Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitants thereof." SECTION 6. This amendment to the Charter of the City of San Bernardino, and each and every section and provision hereof, shall take effect on March 1, 2011. SECTION 7. This amendment to the Charter of the City of San Bernardino is severable, and, if any sentence, section or other part of this charter amendment should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. - 9 -