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HomeMy WebLinkAbout12- Resolution r - - 1 RESOLUTION NO. 2 ,,RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERXARDINO SUBMITTINQ TO THE ELECTORS PROPOSED CHARTER 3 AMENDMENTS RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE 4 RECALL, FILLING A VACANCY IN THE OFFICES OF MAYOR AND CITY ATTORNEY, THE SALARY OF THE MAYOR AND THE TRANSFER OF UP TO 15% 5 FROM THE WATER FUND TO THE GENERAL FUND 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 Resolutions No. 94- 94- 94- 94- 94- 9 and 94-_ , have been adopted by the Mayor and Common Council of 10 the City of San Bernardino on this date, August 15, 1994, 11 submitting to the electors of the City of San Bernardino proposed 12 Charter amendments, copies of which are attached hereto as 13 Exhibits A, B, C, D, E, and F are hereby incorporated herein as 14 though fully set forth. 15 SECTION 2. Special Municipal Election Called. 16 A special municipal election is called and will be held in 17 the City of San Bernardino on Tuesday, March 7, 1995, for the 18 purpose of submitting to the qualified electors of the City, for 19 their approval or disapproval, the proposed Charter amendments set 20 forth in Exhibits A, B, C, D, E, and F attached hereto. 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNPlObINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS 2 RELATING TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, 3 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 4 TO THE GENERAL FUND 5 6 SECTION 3. Measures. 7 The measures to be voted on at the special municipal 8 election as they are to appear on the ballot shall be as follows: 9 A. 10 Measure Approves a For the amendment [ ] Charter amendment to allow the 11 Mayor to appoint a permanent Mayor pro tempore. Against the amendment [ ] 12 13 B. 14 Measure Approves a 15 Charter amendment to allow the For the amendment [ ] Mayor and Common Council to 16 employ legal counsel only when the City Attorney is unable or Against the amendment [ ] 17 unwilling to provide such service. 18 19 C. 20 Measure Approves a For the amendment [ ] 21 Charter amendment to change the number of signatures 22 required for recall and Against the amendment [ ] lengthens the period of time 23 allowed to gather additional signatures. 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAPL)INO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS 2 RELA' °'fNG TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, 3 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 4 TO THE GENERAL FUND 5 6 D. 7 Measure Approves a Charter amendment to provide For the amendment [ ] 8 that vacancies in the offices of Mayor or City Attorney 9 shall be filled by the voters Against the amendment [ ] at a special election for the 10 unexpired terms. 11 E. 12 Measure Approves a 13 Charter amendment to provide For the amendment [ ] that the salary of the Mayor 14 shall be set by the Council at an amount equal to that of the Against the amendment [ ] 15 Chief of Police. 16 F. 17 Measure _ Approves a 18 Charter amendment to allow the For the amendment [ ] transfer of up to 15% from the 19 Water Fund to the City General Fund instead of 10% (requires Against the amendment [ ] 20 2/3 vote) . 21 22 The measures shall be designated on the ballot by a letter 23 printed on the left margin of the square containing the 24 description of each of the measures as provided in the Elections 25 Code of the State of California. 26 SECTION 4. Notice of Election. 27 The City Clerk is hereby directed to publish a notice of the 28 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNA:-ZINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS 2 RELAT`iNG TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, 3 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 4 TO THE GENERAL FUND 5 6 municipal election which shall contain the following: 7 A. The date of the election; 8 B. That the last day for receipt of primary arguments for g or against the measure has been established as p.m. on 10 , in the City Clerk' s Office, Second Floor, City 11 Hall, 300 North "D" Street, San Bernardino, California; 12 C. That the last day for receipt of rebuttal arguments is 13 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 SECTION 5. Conduct of Election. 22 The special municipal election called by this resolution 23 shall be held in such precincts and at such polling places as 24 shall be determined by the City Clerk pursuant to law. The City 25 Clerk shall take all steps necessary for the holding of the 26 election. 27 28 4 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS 2 RELA'L--NG TO THE APPOINTMENT OF A MAYOR PRO TEMPORE, POWER OF THE MAYOR AND COMMON COUNCIL TO EMPLOY LEGAL COUNSEL, THE RECALL, 3 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 4 TO THE GENERAL FUND 5 6 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 9 day of 1994, by the following vote, to-wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 HERNANDEZ 14 OBERHELMAN 15 DEVLIN 16 POPE-LUDLAM 17 MILLER 18 19 City Clerk 20 The foregoing Resolution is hereby approved this day 21 of 1994. 22 23 Tom Minor, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City Attorney 27 28 By: 5 1 PROPOSED CHARTER AMENDMENT NO. 2 It is proposed that Section 36 of the Charter of the City of 3 San Bernardino be amended to read as follows: 4 "Section 36. Mayor to Preside - Absence of Mayor 5 The Mayor shall preside at all meetings of the Common 6 Council, but shall not be entitled to vote. The Mayor may appoint 7 one member of the Common Council to serve as Mayor pro tempore. 8 Such appointment shall not be subject to approval or consent of 9 the Council . Such Mayor pro tempore shall serve at the pleasure 10 of the Mayor but only so long as he or she shall hold the office 11 of Council member. 12 In the absence of the Mayor, the Mayor pro tempore shall 13 preside at meetings of the Common Council, but shall retain the 14 right to vote upon all questions under consideration, and shall 15 have the same power to disapprove any order made by the Common 16 Council, and with like effect as the Mayor would have had if 17 present at this meeting. 18 In case of vacancy, or if by reason of absence from the 19 City, or sickness, or from any other cause, the Mayor is unable to 20 perform the duties of his office, the Mayor pro tempore shall have 21 all powers and authority which the Mayor would have possessed if 22 personally present and attending to such duties, but the Mayor pro 23 tempore shall not lose his or her vote as Council member. " 24 25 26 27 28 Exhibit "A" 1 �.� PROPOSED CHARTER AMENDMENT NO. 2 3 It is proposed that Section 241 of the Charter of the City of San Bernardino be amended to read as follows: 4 "Section 241. Employment of Legal Counsel 5 The Mayor and Common Council shall have power and authority 6 to employ and engage such legal counsel and services and other 7 assistants, as may be necessary and proper for the interest and 8 benefit of the City and the inhabitants thereof, when the City 9 Attorney has stated in writing that he or she is unwilling or 10 unable to provide the necessary legal services. " 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "B" I PROPOSED CHARTER AMENDMENT NO. 2 I16-is proposed that Section 122 of the Charter of the City er 3 of San Bernardino be amended to read as follows: 4 "Section 122. The Recall. 5 Proceedings may be commenced for recall of the holder of any 6 elective office of this City and the election of a successor of 7 the holder sought to be removed by the service, filing and 8 publication of a notice of intention to circulate a recall 9 petition. Stich proceedings may not be commenced against the 10 holder of an office unless, at the time of commencement; the 11 holder has held office for at least ninety days and no recall 12 petition has been filed against such holder within the preceding 13 six months. A petition demanding the recall of the officer sought 14 to be recalled shall be submitted to the City Clerk. The petition 15 shall be signed by not less than thirty percent (30%) of all votes 16 cast for all candidates for the office at the election at which 17 the incumbent was last elected to the office. No signature may be 18 affixed to the petition until the proponents have served, filed 19 and published a notice of intention to circulate a recall 20 petition, containing the name of the officer sought to be recalled 21 and the title of his office, a statement in not more than 500 22 words of the grounds on which the recall is sought, and the name 23 and address of at least one, but not more than five proponents. 24 The notice of intention shall be served, personally or by 25 certified mail, on the officer sought to be recalled, and a copy 26 thereof with a certificate of the time and manner of service shall 27 be filed with the clerk of the legislative body. Within seven ( 7 ) 28 days after the filing of the notice of intention, the officer Exhibit "C" 1 2 3 4 sought to be recalled may file with the City Clerk an answer in 5 not more than 500 words to be the statement of the proponents and 6 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 7 intention. At the time the proponents publish the notice and 8 9 statement referred to above, the officer sought to be recalled may have the answer published at his expense. If the answer is to be 10 published the officer shall file with the City Clerk at the time 11 the answer is filed a statement declaring his intent that the 12 answer be published. The statement and answer are intended solely 13 for the information of the voters and no insufficiency in the form 14 of substance thereof shall affect the validity of the election or 15 proceedings. The notice and statement as referred to above, and 16 the answer, if it is to be published shall be published at least 17 once in a newspaper of general circulation, as described in 18 Sections 6000 to 6066 of the Government Code, adjudicated as such. 19 Seven ( 7 ) days after the publication of the notice, 20 statement and answer, if it is to be published, the recall 21 petition may be circulated and signed. The petition shall bear a 22 copy of the notice of intention, statement and answer, if any. If 23 the officer has not answered, the petition shall so state. 24 Signatures shall be secured and the petition filed within sixty 25 ( 60 ) days from -the filing of the notice of intention. If such 26 petition is not filed within the time permitted by this section, 27 the same shall be void for all purposes. The signatures to the 28 Exhibit "C" 1 , 2 =+ 3 4 petition need not all be appended to one paper; but each signer 5 shall add to his signature his place of residence, giving the 6 street and such other identification as may be required by the registration law. One of the signers of each paper shall make 7 oath before an officer qualified to administer oaths, that the 8 statements therein made are true, and that each signature to the 9 paper appended, is the genuine signature of the person whose name 10 purports to be thereunto subscribed. Within thirty (30) days 11 after the date of filing such petition the City Clerk shall 12 examine and ascertain whether or not said petition is signed by 13 the requisite number of qualified electors and, if necessary, the 14 Council shall allow extra help for that purpose, and the City 15 Clerk shall attach to said petition a certificate showing the 16 result of said examination. If, by the City Clerk's certificate, 17 the petition is shown to be insufficient, it may be amended within 18 forty-five ( 45 ) days from the date of said certificate. The City 19 Clerk shall, within thirty (30) days after such amendment, make 20 like examination of the amended petition, and, if his certificate 21 shall show the same to be insufficient it shall be void for all 22 purposes. If the petition shall be found to be sufficient, the 23 City Clerk shall submit the same to the Council without delay and 24 the Council shall thereupon order and fix a date for holding said 25 election, not less than fifty ( 50) days, nor more than seventy 26 ( 70 ) days from the date of the City Clerk' s certificate to the 27 Council that a sufficient petition is filed. 28 Exhibit "C" 1 2 � . 3 4 The City Council and the City Clerk shall make, or cause to 5 be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election 6 7 in the same manner as other City elections. Any person sought to be removed may be a candidate to succeed himself and, unless he 8 requests otherwise, in writing, the City Clerk shall place his 9 name on the official ballot without nomination. In any such 10 removal election, the candidate receiving the highest number of 11 votes shall be declared elected. At such election, if some other 12 person than the incumbent receives the highest number of votes, 13 the incumbent shall thereupon be deemed removed from the office 14 upon qualification of his successor. In case the party who 15 received the highest number of votes should fail to qualify within 16 ten ( 10 ) days after receiving notification of election, the office 17 shall be deemed vacant. If the incumbent receives the higiiest 18 number of votes he shall continue in office. The successor of any 19 officer so removed shall hold office during the unexpired term of 20 his predecessor. " 21 22 23 24 25 26 27 28 Exhibit "C" 1 PROPOSED CHARTER AMENDMENT NO. 2 It is proposed that Section 51 of the Charter of the City of 3 San Bernardino be amended to read as follows: 4 "Section 51. Appointments and Vacancies. 5 The Mayor, with the consent and approval of the Common 6 Council, shall appoint all officers, and fill all vacancies in an 7 elective office not otherwise provided for in this Charter; 8 provided that in no case where a vacancy has occurred and an 9 appointment been made to an elective office, shall the officer 10 hold office beyond the next general municipal election at which 11 time an election shall be held for that office so vacated to fill 12 the unexpired term. In case of a vacancy in the office of the 13 Mayor, or City Attorney, the unexpired term shall be filled by 14 election of the electors of the City at a special election held 15 not less than 88 days nor more than 100 days following the date of 16 teh vacancy. In the interim the Mayor shall appoint an Acting 17 City Attorney from within the office without need for Council 18 approval . " 19 20 21 22 23 24 25 26 27 28 Exhibit "D" 4 1 PROPOSED CHARTER AMENDMENT NO. 2 3 It is proposed that Section 24 of the Charter of the City of San Bernardino be amended to read as follows: 4 "Section 24. Salary of Mayor. 5 The Office of Mayor shall be a full-time position and the 6 incumbent shall not engage in any business, professional or 7 occupational activities which interfere with the discharge of the 8 duties of such office. The salary of the Mayor shall be at an 9 amount equal to that set for Chief of Police pursuant to Section 10 186 of this Charter. The initial change in salary provided by 11 this Section shall apply only at the conclusion of the current 12 term of the present incumbent or when the current incumbent leaves 13 office, whichever comes first. " 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "E" 1 PROPOSED CHARTER AMENDMENT NO. .,r 2 It is proposed that Section 164 of the Charter of the City 3 of San Bernardino be amended to read as follows: 4 "Section 164. Sale and Use of Water. 5 The Board shall have power to control and order the 6 expenditure of all money received from sale or use of water, for 7 the defraying of expenses or maintenance and repairs and operation 8 of the water system, and for any expenses for additions to the 9 same; and for supplying the City with water for any and all 10 purposes; provided that all such money shall be deposited in the 11 treasury of the City to the credit of a fund to be known as the 12 Water -und, and shall be kept separate and apart from other moneys 13 of the City, and shall only be drawn from said fund upon demands 14 authenticated by the signature of the President and Secretary of 15 the Board, or in the absence of the President, by the signatures 16 of two members and the Secretary of the Board, except that the 17 Common Council may, in its discretion, monthly transfer from the 18 Water Fund to the General Fund not more than fifteen percent ( 15% 19 of the revenues of the Water Department during the preceding 20 month, and except that the Department during the preceding month, 21 and except that the Mayor and Common Council may, in its 22 discretion, monthly transfer from the Water Fund to the proper 23 Bond Fund an amount of money equal to one-twelfth ( 1/12 ) of the 24 amount which will become due and payable during the current year 25 for interest or principal, or for interest and principal, upon any 26 or all outstanding Water Works Bond. " 27 28 Exhibit "F"