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COUNCIL AGENDA ITEM # 1
Resolutions Nos . 1A and 1B
July 22 , 1996
THIRD REVISION
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF THE CITY RELATING TO THE POWER OF
1 THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY
DEVELOPMENT COMMISSION
2 BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AS FOLLOWS:
4 SECTION 1. Recitals.
5 (a) In accordance with the Constitution of the State of California, the City of San
6 Bernardino, a municipal corporation, has adopted a Charter.
7 (b) The Mayor and Common Council of the City of San Bernardino desire to submit
8 to the electors the Charter Amendment set forth in this resolution.
9 SECTION 2. Submittal to Electors. The following proposed amendment to the Charter
10 of the City of San Bernardino is submitted to the qualified electors of the City of San Bernardino
11 for their approval or rejection at the consolidated municipal election to be held on Tuesday,
12 November 5, 1996.
13 PROPOSED CHARTER AMENDMENT NO.
14 It is proposed that Section 90 be added to the Charter of the City of San Bernardino to read as
15 follows:
16 "Section 90. Veto Power of Mayor in Community Development Commission
17 When pursuant to state law the Mayor and Common Council have designated
18 themselves as the Community Development Commission of the City, the Mayor
19 shall have the power of veto of all orders and resolutions of the Commission, in
20 the same manner as he or she has as Mayor of the City, subject to the power of the
21 Commission to override the veto, in the same manner as the Council has in the
22 City."
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28 7/22/96 Council Agenda Item #1A THIRD REVISION
DAB:tbm[Veto.Res] July 19, 1996
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF THE CITY RELATING TO THE POWER OF
THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY
DEVELOPMENT COMMISSION
1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
2 Council of the City of San Bernardino at a meeting thereof, held on the day
3 of , 1996, by the following vote, to wit:
4 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 ARIAS
8 OBERHELMAN
9 DEVLIN
10 ANDERSON
11 MILLER
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14
CITY CLERK
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16 Approved as to form and
17 legal content:
18 JAMES F. PENMAN,
City Attorney
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By:
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28 7/22/96 Council Agenda Item #1A THIRD REVISION
DAB:tbm[Veto.Res] July 19, 1996
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COUNCIL AGENDA ITEM #1
Resolutions Nos . lA and 1B
July 22, 1996
THIRD REVISION
OP-TIC N � l
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I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE POWER OF
3 THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY
DEVELOPMENT COMMISSION
4
BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SAN
5
BERNARDINO AS FOLLOWS:
6
SECTION 1. Recitals.
7
A. Resolution No. has been adopted by the Common Council of the City of
8
San Bernardino on this date, , 1996, submitting to the electors of the City of
9
San Bernardino a proposed Charter Amendment, copy of which is attached hereto as Exhibit A,
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and is hereby incorporated herein as though fully set forth.
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B. It is desirable that the special municipal election to consider said proposed Charter
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Amendment be consolidated with the general election conducted by the County of San Bernardino
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on Tuesday, November 5, 1996; that within the City of San Bernardino the precincts, polling
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places and election officer for the two elections be the same; that the Board of Supervisors of the
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County of San Bernardino canvass the returns of the City election; and that the general election
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and the special election be held in all respects as if there were only one election.
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SECTION 2. Special Municipal Election Called. A special municipal election is called
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19 and will be held in the City of San Bernardino on Tuesday, November 5, 1996, for the purpose
20 of submitting to the qualified electors of the City, for their approval or disapproval, the proposed
Charter Amendments set forth in Exhibit "A", attached hereto.
21
22 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 et seq.
23 of the Elections Code, the Common Council of the City of San Bernardino requests that the Board
24 of Supervisors of the County of San Bernardino consolidate the City's special municipal election
with the general election to be held on Tuesday, November 5, 1996.
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26 SECTION 4. Measure. The measure to be voted on at the special municipal election
as it is to appear on the ballot shall be as follows:
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7/22/96 Council Agenda Item #1B THIRD REVISION
28 DAB:tbm [VetoElec.Res] 1 July 19, 1996
I RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS
2 AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION
3 MEASURE . APPROVES A CHARTER AMENDMENT
4 TO GIVE THE MAYOR THE SAME POWER TO VETO THE FOR THE
ORDERS AND RESOLUTIONS OF THE CITY'S COMMUNITY AMENDMENT ❑
5 DEVELOPMENT COMMISSION, AS THE MAYOR HAS OVER
THE COUNCIL, AND TO ALLOW THE CITY'S COMMUNITY
6 DEVELOPMENT COMMISSION THE SAME POWER TO AGAINST THE
OVERRIDE THE MAYOR'S VETO BY 2/3 VOTE AS THE CITY AMENDMENT ❑
7 COUNCIL HAS.
g The measures shall be designated on the ballot by a letter printed on the left margin of the
9 square containing the description of each of the measures as provided in the Elections Code of the
10 State of California.
11 SECTION 5. Canvass of Returns by Board of Supervisors. The Board of Supervisors
12 of the County of San Bernardino is hereby authorized to canvass the returns of the special
13 municipal election called by this resolution and to conduct the special election and the general
14 election in all respects as if there were only one election with only one form of ballot. Results
15 of the municipal election shall be certified to the Mayor and Common Council of the City of San
16 Bernardino.
17 SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice
18 of the municipal election which shall contain the following:
19 A. The date of the election;
20 B. That the last day for receipt of general arguments for or against the measure has been
21 established as 5:00 p.m. on August 16, 1996, in the Registrar of Voters Office, 777 E. Rialto
22 Ave., San Bernardino, California;
23 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 23, 1996,
24 in the Registrar of Voters Office at the above location.
25 The Registrar of Voters is directed to accept arguments and arrange for sample ballots,
26 which shall include the text of the proposed Charter Amendment, in accordance with Section 306
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7/22/96 Council Agenda Item #1B THIRD REVISION
28 DAB:tbm [VetoElec.Res] 2 July 19, 1996
1 RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS
2 AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION
3 and Section 9600 et seq. of the Elections Code.
4 This notice may be combined with a notice of any other special municipal election to be
5 held on the same date.
6 SECTION 7. Conduct of Election. The special municipal election called by this
7 resolution shall be held in such precincts and at such polling places as shall be determined by the
8 Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County
9 of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all
10 steps necessary for the holding of the consolidated election. The Mayor is hereby authorized to
11 execute a contract for the services necessary for conducting the municipal election.
12 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
13 directed to file a certified copy of this resolution with the Board of Supervisors of the County of
14 San Bernardino.
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7/22/96 Council Agenda Item #111 THIRD REVISION
28 DAB:tbm [VetoElec.Res] 3 July 19, 1996
I RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS
2 AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
4 Council of the City of San Bernardino at a meeting thereof, held on the day
5 of , 1996, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 ARIAS
10 OBERHELMAN
11 DEVLIN
12 ANDERSON
13 MILLER
14
15
CITY CLERK
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17 Approved as to form and
legal content:
18
JAMES F. PENMAN,
19 City Attorney
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21 By:
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7/22/96 Council Agenda Item #1B THIRD REVISION
28 DAB:tbm [VetoElec.Res] 4 July 19, 1996
I PROPOSED CHARTER AMENDMENT NO.
2 "Section 90. Veto Power of Mayor in Community Development Commission
3 When pursuant to state law the Mayor and Common Council have designated
4 themselves as the Community Development Commission of the City, the Mayor
5 shall have the power of veto of all orders and resolutions of the Commission, in
6 the same manner as he or she has as Mayor of the City, subject to the power of the
7 Commission to override the veto, in the same manner as the Council has in the
8 City."
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25 Exhibit "A"
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7/22/96 Council Agenda Item #113 THIRD REVISION
28 DAB:tbm [VetoElec.Res] 5 July 19, 1996