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COUNCIL AGENDA ITEM #2
Resolutions Nos . 2A and 2B
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
15 as 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,
20 subject to the power of the Commission to override the veto by 2/3 vote."
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7/22/96 Council Agenda Item #2A THIRD REVISION
DAB:tbm[VetoCDQ.Res] 1 July 19, 1996
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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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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7/22/96 Council Agenda Item #2A THIRD REVISION
DAB:tbm[VetoCDC,Res] 2 July 19, 1996
COUNCIL AGENDA ITEM #2
Resolutions Nos . 2A and 2B
July 22, 1996
THIRD REVISION
DPTi o 1U
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COPY
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE POWER OF
I 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. Resolution No. has been adopted by the Common Council of the City of
6 San Bernardino on this date, , 1996, submitting to the electors of the City of
7 San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as Exhibit A,
8 and is hereby incorporated herein as though fully set forth.
9 B. It is desirable that the special municipal election to consider said proposed Charter
10 Amendment be consolidated with the general election conducted by the County of San Bernardino
11 on Tuesday, November 5, 1996; that within the City of San Bernardino the precincts, polling
12 places and election officer for the two elections be the same; that the Board of Supervisors of the
13 County of San Bernardino canvass the returns of the City election; and that the general election
14 and the special election be held in all respects as if there were only one election.
15 SECTION 2. Special Municipal Election Called. A special municipal election is called
16 and will be held in the City of San Bernardino on Tuesday, November 5, 1996, for the purpose
17 of submitting to the qualified electors of the City, for their approval or disapproval, the proposed
18 Charter Amendments set forth in Exhibit "A", attached hereto.
19 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 et seq.
20 of the Elections Code, the Common Council of the City of San Bernardino requests that the Board
21 of Supervisors of the County of San Bernardino consolidate the City's special municipal election
22 with the general election to be held on Tuesday, November 5, 1996.
23 SECTION 4. Measure. The measure to be voted on at the special municipal election
24 as it is to appear on the ballot shall be as follows:
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7/22/96 Council Agenda Item #211 THIRD REVISION
DAB:tbm [VetoElel.Res] 1 July 19, 1996
RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS
AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION
I MEASURE . APPROVES A CHARTER AMENDMENT
WHICH WILL—A=OW THE MAYOR POWER TO VETO ANY FOR THE
2 ORDER OR RESOLUTION OF THE CITY OF SAN AMENDMENT ❑
BERNARDINO'S COMMUNITY DEVELOPMENT
3 COMMISSION. THIS VETO MAY BE OVERRIDDEN BY A
TWO-THIRDS VOTE OF THE COMMUNITY DEVELOPMENT AGAINST THE
4 COMMISSION. AMENDMENT ❑
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6 The measures shall be designated on the ballot by a letter printed on the left margin of the
7 square containing the description of each of the measures as provided in the Elections Code of the
8 State of California.
9 SECTION 5. Canvass of Returns by Board of Supervisors. The Board of Supervisors
10 of the County of San Bernardino is hereby authorized to canvass the returns of the special
11 municipal election called by this resolution and to conduct the special election and the general
12 election in all respects as if there were only one election with only one form of ballot. Results
13 of the municipal election shall be certified to the Mayor and Common Council of the City of San
14 Bernardino.
15 SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice
16 of the municipal election which shall contain the following:
17 A. The date of the election;
18 B. That the last day for receipt of general arguments for or against the measure has been
19 established as 5:00 p.m. on August 16, 1996, in the Registrar of Voters Office, 777 E. Rialto
20 Ave., San Bernardino, California;
21 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 23, 1996,
22 in the Registrar of Voters Office at the above location.
23 The Registrar of Voters is directed to accept arguments and arrange for sample ballots,
24 which shall include the text of the proposed Charter Amendment, in accordance with Section 306
25 and Section 9600 et seq. of the Elections Code.
26 This notice may be combined with a notice of any other special municipal election to be
27 held on the same date.
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7/22/96 Council Agenda Item #211 THIRD REVISION
DAB:tbm [VetoElel.Res] 2 July 19, 1996
RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS
AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION
1 SECTION 7. Conduct of Election. The special municipal election called by this
2 resolution shall be held in such precincts and at such polling places as shall be determined by the
3 Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County
4 of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all
5 steps necessary for the holding of the consolidated election. The Mayor is hereby authorized to
6 execute a contract for the services necessary for conducting the municipal election.
7 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
8 directed to file a certified copy of this resolution with the Board of Supervisors of the County of
9 San Bernardino.
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7/22/96 Council Agenda Item #2B THIRD REVISION
DAB:tbm [VetoElel.Res] 3 July 19, 1996
RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT 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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15 Approved as to form and
legal content:
16 JAMES F. PENMAN,
17 City Attorney
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19 By
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7/22/96 Council Agenda Item 92B THIRD REVISION
DAB:tbm [VetoElel.Res] 4 July 19, 1996
PROPOSED CHARTER AMENDMENT NO.
1 "Section 90. Veto Power of Mayor in Community Development Commission
2 When pursuant to state law the Mayor and Common Council have designated
3 themselves as the Community Development Commission of the City, the Mayor
4 shall have the power of veto of all orders and resolutions of the Commission,
5 subject to the power of the Commission to override the veto by 2/3 vote."
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Exhibit "A"
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7/22/96 Council Agenda Item 42B THIRD REVISION
DAB:tbm [VetoElel.Res] 5 July 19, 1996