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HomeMy WebLinkAboutS19-City Clerk 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 RESOLUTION NO. .~ -RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BEP~ARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP TO 15% FROM THE WATER FUND TO THE GENERAL FUND BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. Resolutions No. 94-____, 94-____, 94-____, 94-____, 94-____ and 94- have been adopted by the Mayor and Common Council of the City of San Bernardino on this date, August 15, 1994, submitting to the electors of the City of San Bernardino proposed Charter amendments, copies of which are attached hereto as Exhibits A, B, C, D, E, and F are hereby incorporated herein as though fully set forth. EECTION 2. Special Municipal Election Called. A special municipal election is called and will be held in the City of San Bernardino on Tuesday, March 7, 1995, for the purpose of submitting to the qualified electors of the City, for their approval or disapproval, the proposed Charter amendments set forth in Exhibits A, B, C, D, E, and F attached hereto. III III III III III III III 1 .5-/1 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 RESOLVTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN~INO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP 15% FROM THE WATER FUND TO THE GENERAL FUND SECTION 3. Measures. The measures to be voted on at the special municipal election as they are to appear on the ballot shall be as follows: A. For the amendment [ ] Measure Approves a Charter amendment to allow the Mayor to appoint a permanent Mayor pro tempore. Against the amendment [ ] B. Measure Approves a Charter amendment to allow the Mayor and Common Council to employ legal counsel nn1y when the City Attorney is unable or unwilling to provide such service. For the amendment [ ] Against the amendment [ ] C. For the amendment [ ] Measure Approves a Charter amendment to change the number of signatures required for recall and lengthens the period of time allowed to gather additional signatures. Against the amendment [ ] III III III III III III III 2 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 .RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAB~INO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELA~G TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP 15% FROM THE WATER FUND TO THE GENERAL FUND D. Measure Approves a Charter amendment to provide that vacancies in the offices of Mayor or City Attorney shall be filled by the voters at a special election for the unexpired terms. For the amendment [ ] Against the amendment [ ] E. Measure Approves a Charter amendment to provide that the salary of the Mayor shall be set by the Council at an amount equal to that of the Chief of Police. For the amendment ( ] Against the amendment [ ] F. Measure Approves a Charter amendment to allow the transfer of up to 15% from the Water Fund to the City General Fund instead of 10% (requires 2/3 vote). For the amendment [ ] Against the amendment [ ] The measures shall be designated on the ballot by a letter printed on the left margin of the square containing the description or each of the measures as provided in the Elections Code of the State of California. SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a notice of the 3 1 2 3 4 5 6 7 8 9 10 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN .BERN~INO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELA~G TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP 15% FROM THE WATER FUND TO THE GENERAL FUND municipal election which shall contain the following: A. The date of the election; B. That the last day for receipt of primary arguments for or against the measure has been established as p.m. on 11 Hall, 300 North "0" Street, San Bernardino, California; , in the City Clerk's Office, Second Floor, City 12 13 C. That the last day for receipt of rebuttal arguments is p.m. on , in the City Clerk's Office at the 14 above location. 15 The City Clerk is directed to accept arguments and arrange 16 for sample ballots, which shall include the text of the proposed 17 Charter amendments, in accordance with Section 5010, et seq., and 18 Section 5350 of the Elections Code. 19 This notice may be combined with a notice of any other 20 special municipal election to be held on the same date. 21 22 23 24 25 26 27 28 SECTION 5. Conduct of Election. The special municipal election called by this resolution shall be held in such precincts and at such polling places as shall be determined by the City Clerk pursuant to law. The City Clerk shall take all steps necessary for the holding of the election. III III 4 9 day of 10 Council Membars: 11 NEGRETE 12 CURLIN 13 HERNANDEZ 14 OBERHELMAN 15 16 17 18 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON. COUNCIL OF THE CITY OF SAN BERNA&PINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELA?9NG TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL .TO EMPLOY LEGAL COUNSEL, THE RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP 15% FROM THE WATER FUND TO THE GENERAL FUND I HEREBY CERTIFY that the foregoing Resolution was duly 7 adopted by the Mayor and Common Council of the City of 8 San Bernardino at a meeting thereof, held on the 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT DEVLIN POPE-LUDLAM MILLER 19 City Clerk 20 21 22 23 24 25 26 27 28 The foregoing Resolution is hereby approved this day of , 1994. Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: 5 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 ~ PROPOSED CHARTER AMENDMENT NO. - It is p:r:oposed that Section 36 of the Charter of the City of San Bernardino be amended to read as follows: "Section 36. Mayor to Preside - Absence of Mayor The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote. The Mayor may appoint one member of the Common Council to serve as Mayor pro tempore. Such appointment shall not be subject to approval or consent of the Council. Such Mayor pro tempore shall serve at the pleasure of the Mayor but only so long as he or she shall hold the office of Council member. In the absence of the Mayor, the Mayor pro tempore shall preside at meetings of the Common Council, but shall retain the right to vote upon all questions under consideration, and shall have the same power to disapprove any order made by the Common Council, and with like effect as the Mayor would have hOld if present at this meeting. In case of vacancy, or if by reason of absence from the City, or sickness, or from any other cause, the Mayor is unable to perform the duties of his office, the Mayor pro tempore shall have all powers and authority which the Mayor would have possessed if personally present and attending to such duties, but the Mayor pro tempore shall not lose his or her vote as Council member." III III III III III Exhibit "A" 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 ~ PROPOSED CHARTER AMENDMENT NO. - It is proposed that Section 241 of the Charter of the City of San Bernardino be amended to read as follows: "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, when the City Attorney has stated in writing that he or she is unwillin~ unable to provide the necessary legal services." III III III III III III III III III III III III III III III III III III Exhibit "B" 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 PROPOSED CHARTER AMENDMENT NO. l::iS proposed that Sec~ion 122 of the Charter of the City of San Bernardino be amended to read as follows: "Section 122. The Recall. Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed by the service, filing and publication of a notice of intention to circulate a recall peti tion. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement; the hOlder has held office for at least ninety days and no recall petition has been filed against such holder within the preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than thirty percent (30%) of all votes cast for all candidates for the office at the election at which the incumbent was last elected to the office. No signature may be affixed to the petition until the proponents have. served, filed and published a notice of intention to circulate a recall petition, containing the name of the officer sought to be recalled and the title of his office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing of the notice of intention, the officer Exhibit "e" - ~ 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 -- - sought to be recalled may file with the City Clerk an answer in not more than 500 words to be the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or be certified mail, on one of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at his expense. If the answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement declaring his intent that the answer be published. 'rhe statement and answer are intended sOlely for the information of the voters and no insufficiency in the form of substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Sections 6000 to 6066 of the Government Code, adjudicated as such. Seven (7) days after the publication of the notice, statement and answer, if it is to be published, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed within sixty (60) days from the filing of the notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the Exhibit "c" 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 , - ""... - petition "need not all be appended to one paper; but each signer shall add to his signature his place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended, is the genuine signature of the person whos~ name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certiftcate, the petition is shown to be insufficient, it may be amended within forty-five (45) days from the date of said certificate. The City Clerk shall, within thirty (30) days after such amendment, make like examination of the amended petition, and, if his certificate shall show the same to be insufficient it shall be void for all purposes. If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Council shall thereupon order and fix a date for holding said election, not less than fifty (50) days, nor more than seventy (70) days from the date of the City Clerk's certificate to the Council that a sufficient petition is filed. ~ Exhibit "c" 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 -- - The City Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise, in writing, the City Clerk shall place his name on the official ballot without nomination. In any such removal election, the candidate receiving the highest number of votes shall be declared elected. At such election, if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon qualification of his successor. In case the party who received the highest number of votes should fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the higilest number of votes he shall continue in office. The successor of any officer so removed shall hold office during the unexpired term of his predecessor." III III III III III III III Exhibit "e" 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 ~ PROPOSED CHARTER AMENDMENT NO. - It is proposed that Section 51 of the Charter of the City of San Bernardino be amended to read as follows: "Section 51. Appointments and Vacancies. The Mayor, wi th the consent and approval of the Common Council, shall appoint all officers, and fill all vacancies in an elective office not otherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shall the officer hold office beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term. In case of a vacancy in the office of the Mayor, or City Attorney, the unexpired term shall be filled by election of the electors of the City at a special election held not less than 88 days nor more than 100 days following the date of teh vacancy. In the interim the Mayor shall appoint an Acting Ci ty Attorney from wi thin the office without need for Council approval." III III III III III III III III III III Exhibit "D" 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 ~ PROPOSED CHARTER AMENDMENT NO. It is proposed that Section 24 of the Charter of the City of San Bernardino be amended to read as follows: "Section 24. Salary of Mayor. The Office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activiti&s which interfere with the discharge of the duties of such office. The salary of the Mayor shall be at an amount equal to that set for Chief of Police pursuant to Section 186 of this Charter. The initial change in salary provided by this Section shall apply only at the conclusion of the current term of the present incumbent or when the current incumbent leaves office, whichever comes first." III III III III III III III III III III III III III III III Exhibit "E" 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 PROPOSED CHARTER AMENDMENT NO. -- --rt is proposed that Section 164 of the Charter of the City of San Bernardino be amended to read as follows: "Section 164. Sale and Use of Water. The Board shall have power to control and order the expenditure of all money received from sale or use of water, for the defraying of expenses or maintenance and repairs and operation of the water system, and for any expenses for additions to the same; and for supplying the City with water for any and all purposes; provided that all such money shall be depositec in the treasury of the City to the credit of a fund to be known as the Water 'und, and shall be kept separate and apart from other moneys of the City, and shall only be drawn from said fund upon demands authenticated by the signature of the President and Secretary of the Board, or in the absence of the President, by the signatures of two members and the Secretary of the Board, except that the Common Council may, in its discretion, monthly transfer from the Water Fund to the General Fund not more than fifteen percent (15% of the revenues of the Water Department during the preceding month, and except that the Department during the preceding month, and except that the Mayor and Common Council may, in its discretion, monthly transfer from the Water Fund to the proper Bond Fund an amount of money equal to one-twelfth (1/12) of the amount which will become due and payable during the current year for interest or principal, or for interest and principal, upon any or all outstanding Water Works Bond." III Exhibit "F"