HomeMy WebLinkAboutS2- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Res...Submitting to the Electors a Proposed
Dept: Charter Amendment Relating to the Power of
City Attorney the Mayor to Veto Orders and Resolutions of
Date: July 30 , 19 9 6 the Community Development Commission
1)=IAMI and Repealing Resolution No. 96-241.
Synopsis of Previous Council Action: W1 it wit FMAS
Monday, July 29, 1996 - Adopted Resolution Nos. 96-240 and 96-241.
Recommended Motion:
Adopt Resolution.
Signature
Contact Person: Dennis A. Barlow Phone: 5255
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. ��
STAFF REPORT
Council Meeting Date: August 5. 1996
TO: Mayor and Common Council
FROM: Dennis A. Barlow, Sr. Assistant City Attorney
DATE: July 30, 1996
AGENDA ITEM: RESOLUTION OF THE CITY OF SAN BERNARDINO
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 AND REPEALING RESOLUTION NO.
96-241
At the special meeting of the Mayor and Common Council held on Monday, July 29, 1996,
the Council adopted Resolution Nos. 96-240 and 96-241 approving a proposed charter amendment
which would allow the Mayor to have a veto in Economic Development Agency actions just as
he does in City matters, and presenting the question to the voters. Prior to the vote of the Council
on the question, Council member Curlin presented revised language for the ballot proposition
which was adopted. In reading the revised language after the special meeting it was noted that
the following language was finally adopted:
MEASURE APPROVES A CHARTER AMENDMENT WHICH
WILL ALLOW THE MAYOR POWER TO VETO, UNDER THE SAME
CHECKS AND BALANCES AS ON THE COMMON COUNCIL, ANY ORDER
OR RESOLUTION OF THE CITY OF SAN BERNARDINO'S COMMUNITY
DEVELOPMENT COMMISSION. THIS VETO MAY BE OVERRIDDEN BY
TWO-THIRDS VOTE OF THE REDEVELOPMENT COMMISSION.
Rather than "Redevelopment Commission" the language should read "Community
Development Commission" which is the actual name of the Commission.
If the Council wishes to reflect the true name of the Commission on the ballot and to avoid
confusion it should adopt the attached resolution which reflects the accurate name of the
Commission.
DAB/js[CDC.Rpt] 1
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 AND REPEALING RESOLUTION NO. 96-241
4
BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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A. Resolution No. 96-240 has been adopted by the Common Council of the City of
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San Bernardino on July 29, 1996, submitting to the electors of the City of San Bernardino a
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proposed Charter Amendment, copy of which is attached hereto as Exhibit A, and is hereby
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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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14 on Tuesday, November 5, 1996; that within the City of San Bernardino the precincts, polling
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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18 SECTION 2. Special Municipal Election Called. A special municipal election is called
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.
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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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28 1 DAB:tbm [VetoEle3.Res] 1 July 29, 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 WHICH WILL ALLOW THE MAYOR POWER TO VETO, FOR THE
UNDER THE SAME CHECKS AND BALANCES AS ON THE AMENDMENT ❑
5 COMMON COUNCIL, ANY ORDER OR RESOLUTION OF THE
CITY OF SAN BERNARDINO'S COMMUNITY DEVELOPMENT
6 COMMISSION. THIS VETO MAY BE OVERRIDDEN BY TWO- AGAINST THE
THIRDS VOTE OF THE COMMUNITY DEVELOPMENT AMENDMENT ❑
7 COMMISSION.
8 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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28 DAB:tbm [VetoEO.Res] 2 July 29, 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 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.
15 SECTION 9. Repeal of Resolution No. 96-241. Resolution No. 96-241, approved by
16 the Common Council of the City of San Bernardino on July 29, 1996, is hereby repealed.
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28 DAB:tbm [VetoEle3.Res] 3 July 29, 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
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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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28 DAB:tbm [VetoEleIRes] 4 July 29, 1996
1 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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28 DAB:tbm [VetoEle3.Res] 5 July 29, 1996
MEXICAN AMERICAN POLITICAL ASSOCIATION
San Bernardino Chapter
P .O . Box 1396
San Bernardino, Ca. 92402
( 909 ) 787-6090
Dr. Elsa 0. Valdez
Chairperson
RESOULTION AGAINST SENATE BILL 2112
Whereas: SB 2112 was instituted without the knowledge
and consent of the citizens of the city it regulates
Whereas: SB 2112 imposes a restriction upon the locally
elected officials which the citizens have not
requested
Whereas: SB 2112 expressly violates the current law
Whereas: SB 2112 restricts only the power of the elected
officials of one city in the entire state
Whereas: SB 2112 represents the imposition of leglislation
without representation
Therefore: The Mexican-American Political Association has
declared it's opposition to Senate Bill 2112.
Entered into Record at
Council ICmyDevCms Mtg:
by
re Ageiiae lrer�
City ClerkICDC Secy
City of San Bernardino