HomeMy WebLinkAbout02.A- City Attorney's 2.A
RESOLUTION (ID # 4569) DOC ID: 4569 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Jolena E. Grider M/CC Meeting Date: 08/04/2016
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Calling a
Special Municipal Election on a New Proposed Charter and Requesting that Said City of
San Bernardino's Special Municipal Election be Consolidated with the November 8,
2016 Statewide General Election Conducted by the County of San Bernardino. (#4569)
Current Business Registration Certificate: Not Applicable
Financial Impact:
N/A
Motion: Waive full reading; and adopt the Resolution.
Synopsis of Previous Council Action:
June 13, 2016 - First Public Hearing on Proposed Charter
July 13, 2016 - Second Public Hearing on Proposed Charter
City Attorney Review:
Supporting Documents:
Charter_Reso (DOC)
Proposed Charter final - Exhibit "A" (DOCX)
Updated: 7/27/2016 by Linda Sutherland C Packet Pg. 5
2.A.a
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
0
9 SECTION 1. Recitals.
m
10 a) In accordance with the Constitution of the State of California, the City of San t
s
11 U
Bernardino, a municipal corporation, has adopted a Charter.
12 0
b) The Mayor and Common Council of the City of San Bernardino desire to submit a o
13 a
new Proposed Charter to the electors.
14 LO
15 SECTION 2. Special Municipal Election Called. A special municipal election is R
r-
0
16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, N
17
for the purpose of submitting to the qualified electors of the City, for their approval or 0
0
18 (D
disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto. Li
19
20 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the v
21 California Elections Code, the Mayor and Common Council of the City of San Bernardino
22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's r
a
23
special municipal election with the statewide general election to be held on November 8, 2016.
24
25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
27 be closed, except as provided in Section 14401 of the California Elections Code.
28
1
Packet Pg. 6
2.A.a
1 SECTION 4. Measure. The measure to be voted on at the consolidated special
2 municipal election as it is to appear on the ballot shall be as follows:
3
MEASURE . Approve the adoption of
4 a new Charter for the City of San Bernardino For the Amendment
5
6 Against the Amendment
The measure shall be designated on the ballot by a letter printed on the left margin of
7 E
8 the square containing the description of the measure as provided in the California Elections °o
0
9 Code. m
a�
10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San s
11 U
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
12 0
CL
respects as if there were only one election with only one form of ballot. Results of said special
13 a.
rn
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino. LO
15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice M
c
0
16 of the special municipal election which shall contain the following:
CD
17 W
A. The date of the election;
18
19
B. The hours the polls will be open;
20 C. That the last day for receipt of primary arguments for or against the measure has
w
c
21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second E
22
Floor, City Hall, 300 North"D" Street, San Bernardino, California; a
23
24 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
25 in the City Clerk's Office at the above location.
26 The City Clerk is directed to make arrangements to accept arguments and to arrange for
27
28
2
Packet,Pg.7
2.A.a'
1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
3
election to be held on the same date.
4
5 SECTION 7. Conduct of Election. The special municipal election so called shall be
6 held in such precincts and at such polling places as shall be determined by the Registrar of
7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
Y
8
Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps o
9 f°
[0
necessary for the holding of the consolidated election. The City Manager is hereby authorized d
10 t
11 to execute a contract for services necessary for conducting the special municipal election. The v
a�
12 City of San Bernardino recognizes that additional costs will be incurred by the County by 0
CL
0
13 �-
reasons of this consolidation and agrees to reimburse the County for any such costs.
14 LO
AF SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is �-
15 c�
16 directed to file a certified copy of this Resolution with the Board of Supervisors of the County .2
.5
17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters. M
0
0
18 SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections W
LI
19
Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
20 U
other necessary documents, to Outside Counsel for purposes of preparation of an Impartial
21 m
E
22 Analysis. U
Q
23
24 ///
25
26
27
28 HI
3
Packet Pg.8
2.A.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th
a�
8 day of August, 2016, by the following vote, to wit: o
9 m
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
d
12 BARRIOS 0
0
CL
0
13 VALDIVIA a
rn
14
SHORETT
15 ch
NICKEL o
16 '�
17 RICHARD
0
18 MULVIHILL
19 m
20 Georgeann Hanna, City Clerk v
Y
21 The foregoing Resolution is hereby approved this day of 92016. E
22 cvc
Q
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28 By:
4
Packet Pg.9
2.A.b
Table of Contents
PREAMBLE 1
ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS 1
Section 100. Name and Boundaries.....................................................................................................1
Section101. Powers of the City............................................................................................................1
E
a>
Section 102. Interpretation of Powers.................................................................................................1 =
O
Section 103. Rights and Succession.....................................................................................................1
m
L
Section 104. Intergovernmental Relations..........................................................................................2
R
ARTICLE II: FORM OF GOVERNMENT 2 v
a
Section200. Form of Government.......................................................................................................2 y
O
c.
ARTICLE III: CITY COUNCIL AND MAYOR 2 °
a
Section 300. General Powers and Duties............................................................................................2 0>
to
LO
Section 301. Composition, Eligibility, and Terms.............................................................................2 `r
Section 302. Powers and Duties of the Council.................................................................................3
a
Section 303. Powers and Duties of the Mayor...................................................................................3
w
Section 304. Manners of Action...........................................................................................................4
I
c
Section 305. Compensation; Expenses................................................................................................4
L
Section306. Prohibitions.......................................................................................................................4
U
Section 307. Vacancies;Filling of Vacancies.......................................................................................5 a
y
O
Section 308. Judge of Qualifications....................................................................................................5 a-
0
L
Section 309. Council Organization,Meetings and Rules of Order..................................................5 a.
c
ARTICLE IV: CITY MANAGER 5 E
Section 400. City Manager Appointment,Qualifications and Compensation................................5 a
Q
Section401. Powers and Duties...........................................................................................................6
ARTICLE V: DEPARTMENTS, SERVICES,OFFICERS AND EMPLOYEES 7
Section 501. General Provisions...........................................................................................................7
Section 502. Direction by City Manager.............................................................................................7
Section 503. Continuation of Departments........................................................................................7
Packet Pg. 10
Proposed San Bernardino Charter (Final) Page 2
Section504. City Attorney....................................................................................................................7
Section505. City Clerk..........................................................................................................................7
Section 506. Departmental Administrators;Appointive Powers....................................................8
Section507. Services..............................................................................................................................8
Section 508. Personnel System.............................................................................................................8
Section509. Official Bonds...................................................................................................................8 _
E
ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES 8
r
Section 600. General Provisions...........................................................................................................8
0
cc
m
Section 601. Appointment, Removal, Terms of Office and Procedural Rules...............................9m
Section602. Library...............................................................................................................................9 v
Section 603. Water and Wastewater....................................................................................................9 y
0
Section 604. Personnel Commission..................................................................................................10 0
L
a
ARTICLE VII: FINANCIAL MANAGEMENT 10 a;
to
LO
Section700. Fiscal Year.......................................................................................................................10 d
Section 701. Submission of Budget and Budget Message...............................................................10 a
Section 702. Budget and Capital Improvement Program...............................................................10 =
K
Section 703. Council Action on the Budget and Capital Improvement Plan...............................11
W
R
Section 704. Independent Audit........................................................................................................11
L
Article VIII: ELECTIONS 11
Section800. City Elections..................................................................................................................11
a�
Section 801. Elective Officers;Terms ................................................................................................11 0 CL
0
L
Section 802. Number of Wards..........................................................................................................12 a
w
ARTICLE IX:INITIATIVE, CITIZEN REFERENDUM AND RECALL 12
_
Section 900. Initiative, Citizen Referendum and Recall..................................................................12
0
ARTICLE X: CHARTER AMENDMENTS 12 a
Section 1000. Charter Amendments.................................................................................................12
Section 1001. Periodic Review of Charter.........................................................................................12
ARTICLE XI: SEVERABILITY 12
Section1100. Severability...................................................................................................................12
Packet Pg. 11
2.A.b
PROPOSED CHARTER
of the
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
PREAMBLE
E
We,the people of the City of San Bernardino, in order to secure the benefits of home rule and a
council-manager form of government,hereby adopt this Charter. o
M
m
L
ARTICLE I: NAME,BOUNDARIES,POWERS,RIGHTS AND SUCCESSION,
INTERGOVERNMENTAL RELATIONS
Section 100. Name and Boundaries Q.
0
L
The City of San Bernardino,hereinafter termed the City, shall continue to be a municipal
corporation under its present name of"City of San Bernardino." The boundaries of the City
Ln
shall be as now established until changed in the manner authorized by law.
Section 101. Powers of the City a
The City shall have all powers possible for a city to have under the constitution and laws of the x
State of California as fully and completely as though they were specifically enumerated in this w
Charter.
C
Section 102. Interpretation of Powers `m
R
The powers of the City under this Charter shall be construed in favor of the City, and the
U
specific mention of particular powers in the Charter shall not be interpreted as limiting in any
way the general power granted in this article. o
a
0
Section 103. Rights and Succession a.
w
The City shall continue to own, possess and control all rights and property of every kind and
nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be
subject to all of its debts,obligations and liabilities.
Q
All ordinances, codes,resolutions,rules, regulations, and portions thereof,in force at the time
this Charter takes effect,and not in conflict or inconsistent with this Charter, shall continue in
force until they shall have been duly repealed, amended, changed, or superseded by proper
authority as provided by this Charter.
Subject to the provisions of this Charter,the present officers and employees of the City shall
continue to perform the duties of their respective offices and employments under the same
Packet Pg. 12
2.A.b
Proposed San Bernardino Charter (Final) Page 2
conditions as those of the existing offices and positions until the election or appointment and
qualification of their successors,subject to such removal and control as provided in this Charter.
No action or proceeding, civil or criminal, pending at the time this Charter takes effect,brought
by or against the City or any officer, office, department or agency thereof,shall be affected or
abated by the adoption of this Charter or anything herein contained.
Section 104. Intergovernmental Relations
The City may participate by contract or otherwise with any governmental entity of this state or
any other state or states in the United States in the performance of any activity, which one or CD
w
more of such entities has the authority to undertake, to the maximum extent permitted by c
applicable law.
m
L
d
ARTICLE II: FORM OF GOVERNMENT
Section 200. Form of Government
0
CL
The municipal government established by this Charter is the council-manager form of 0
a.
government.
a)
�r
ARTICLE III: CITY COUNCIL AND MAYOR a
a..
Section 300. General Powers and Duties
X
All powers of the City shall be vested in the City Council ("Council"), and to the extent w
provided in this Charter,the Mayor. The Council shall provide for the exercise and
performance of all duties and obligations imposed on the City by State and Federal laws. L
a�
t
Except as otherwise required by law, the role of the Council is legislative,which includes the =
power to set policy, approve contracts and agreements, and undertake other obligations
consistent with this Charter and the City's Municipal Code, while deferring to the discretion of o
management to choose the appropriate means to achieve the Council's goals. o
L
a.
Section 301. Composition,Eligibility,and Terms
c
a�
(a) Composition. The Council shall be composed of seven(7) Council members. The term E
"Council," "legislative body," or other similar terms as used in this Charter or any other r
provisions of law shall be deemed to refer to the collective body composed of the Council Q
members.
(b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council
member or Mayor. Those elected shall have been qualified electors and residents of their
respective wards for a period of at least thirty(30) consecutive days immediately preceding
the date of filing their nomination papers for the office.
Packet Pg. 13
Proposed San Bernardino Charter (Final) Page 3
Section 302. Powers and Duties of the Council
The Council,in collaboration with the Mayor, shall ensure fundamental municipal services are
provided to protect and promote public health, safety, and welfare. The Council and Mayor
shall operate together to serve the best interests of the City.
The Council,in collaboration with the Mayor,will develop and implement a Code of Conduct
to guide and direct their interactions and duties,including measures to hold one another
accountable for deviations from the goals and principles set forth in this Charter and the City
Code of Conduct. E
m
The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the o
City's fiscal integrity.
m
L
Each Council member shall be entitled to vote on all matters coming before the Council. The
Council shall have the power to override any veto of the Mayor by a vote of five (5) or more
U
Council members.
N
The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a o aL
temporary absence from the City,illness, or any other cause that makes the Mayor temporarily
unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers a>
and authority that the Mayor would have possessed if present to perform his or her duties. LO
However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or
exercise veto powers over Council action,but may continue to exercise his or her vote as a Q
Council member. :Q
X
Section 303. Powers and Duties of the Mayor w
The Mayor shall have the following powers and perform the following duties, in addition to
others as specified in this Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all v
discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter,
and as otherwise provided in this Charter; o
a
(b) Have the authority to veto any Council action approved by fewer than five (5)members o
of the Council °
;
(c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney
and City Clerk and fix their compensation and(2)to appoint or remove members of
boards,commissions or committees,except committees made up wholly of less than a w
majority of City Council members; Q
(d) Appoint the members and officers of Council committees (committees made up wholly
of less than a majority of City Council members), and perform other duties as specified
by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the
governor for purposes of military law;
(f) Be the chief spokesperson for the City;and
Packet Pg. 14
2.A.b
Proposed San Bernardino Charter(Final) Page 4
(g) Represent the City in intergovernmental relations and establish and maintain
partnerships and regional leadership roles to advance the City's interest;and may
delegate such roles to other members of the Council;and
(h) Execute all ordinances,resolutions and contracts approved by the City Council except as
otherwise authorized by the City Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise
provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any
a�
business, professional or occupational activities that interfere with the discharge of the duties of =
the office. °
CU
m
Section 304. Manners of Action
Actions of the Council require a simple majority vote of the quorum present for approval v
unless: -a
CD
W
(a) Otherwise required for charter cities under State or Federal law;or Q.
(b) Required by this Charter to be approved by at least five affirmative votes of the Mayor a
and members of the Council. a;
LO
Section 305. Compensation;Expenses �!
Compensation for the Mayor and Council members shall be established by ordinance following a
a public hearing, giving due consideration to the recommendations of an advisory commission 72
charged with the periodic review of compensation for City-elected officials. Compensation for w
the Mayor shall be commensurate with that for a full-time position.
m
No ordinance increasing such salaries shall become effective until the date of commencement of w-
L
the terms of Council members elected at the next regular election. The Mayor and Council
members shall receive reimbursement for actual and necessary expenses incurred in the v
performance of their duties of office.
Vl
Section 306. Prohibitions °o.
0
L
(a) Holding Other Office. No Mayor or Council member shall hold any other City office or a.
City employment during the term for which he or she was elected. No former Mayor or d
Council member shall hold any compensated appointive office or employment with the City
until one (1) year after the expiration of the term for which he or she was elected.
w
Q
(b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes
as established by State law and/or City ordinance.
(c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any
manner, control or demand the appointment or removal of any City administrative officer
or employee whom the City Manager is empowered to appoint.This does not preclude the
Mayor or members of the Council from expressing their views and fully and freely
Packet Pg. 15
2.A.b
Proposed San Bernardino Charter (Final) Page 5
discussing with the City Manager anything pertaining to the appointment and removal of
such officers and employees.
(d) Interference with Administration. Neither the Mayor nor any Council member shall
interfere with the discretion of the City Manager in the exercise or performance of his or her
powers or duties. The Mayor and Council members shall deal with City officers and
employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and shall not give orders to or attempt to direct the work of such
officers and employees either publicly or privately. Inquiries may be made directly to
officers and employees under the supervision of the City Manager with the knowledge and
CD
consent of the City Manager. o
Section 307. Vacancies;Filling of Vacancies ap
L
(a) Vacancies.If the Council determines any of the events enumerated in provisions of the :
Government Code or California Constitution pertaining to vacancies in public offices have v
occurred, the Council shall declare a vacancy for the office of Council member or for the
office of Mayor. a
O
(b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. o
a�
Section 308. judge of Qualifications f°L
�r
The Council shall be the judge of the election and qualifications of its members and whether Q
grounds exist for forfeiture of their office. r
Section 309. Council Organization,Meetings and Rules of Order x
W
The Council shall establish by ordinance the time,place and the method of calling meetings, the
rules of order for the conduct of proceedings by the Council, and the order of succession in the
L
event of a vacancy in the office of Mayor. m
U
ARTICLE IV: CITY MANAGER
U!
O
Q.
Section 400. City Manager Appointment,Qualifications and Compensation a
The Mayor and Council,by a vote of the Mayor and entire Council, shall appoint a City =
d
Manager and fix the City Manager's compensation, as provided in section 304(b) of this Charter. E
The City Manager may be removed by the Mayor and entire Council in the same manner. The w
City Manager shall be appointed on the basis of education and experience in the accepted Q
competencies and practices of local government management. The Mayor and Council shall
Packet Pg.16
2.A.br
Proposed San Bernardino Charter (Final) Page 6
establish and communicate clear expectations for the City Manager. An evaluation of the City
Manager's performance shall be conducted at least annually.
Section 401. Powers and Duties
The City Manager shall be the chief executive officer of the City,responsible to the Council for
the management of all City affairs placed in the City Manager's charge by or under this Charter.
The City Manager will be the sole authority for managing City operations and appointing and
directing City staff,except as otherwise provided in this Charter.
The City Manager shall:
Y
Y
(a) Appoint and suspend or remove all City employees and appoint administrative officers, _°
except as otherwise provided by law, this Charter, or established personnel rules. The m
City Manager may authorize any administrative officer subject to the City Manager's
direction and supervision to exercise these powers with respect to subordinates in that =
U
officer's department, office or agency; .a
(b) Direct and supervise the administration of all departments, offices and agencies of the o
City,except as otherwise provided by this Charter or by law;
0
(c) Attend all Council meetings. The City Manager shall have the right to take part in the a
discussion but shall not vote;
LO
(d) Ensure the Mayor and Council are informed on all aspects of important emerging issues,
including the City's financial condition and future needs, and as part of that Q
responsibility,brief the Mayor and Council at their meetings on the business matters
before them; �
(e) See that all laws, provisions of this Charter, and acts of the Council are faithfully w
executed;
R
(f) Prepare and submit the annual budget and capital improvement program to the Mayor =
w
and Council and implement the final budget approved by the Council to achieve the
goals of the City;
(g) Submit to the Mayor and Council and make available to the public a complete report on v
the finances and administrative activities of the City as of the end of each fiscal year;
0
(h) Make such other reports as the Mayor or Council may request regarding operations; o
(i) Make recommendations to the Mayor and Council concerning the affairs of the City and 0-
facilitate the work of the Council in developing policy; c
a�
(j) Provide staff support services for the Mayor and Council members; E
t
(k) Assist the Mayor and Council in developing long-term goals for the City and strategies
Y
to implement these goals; Q
(1) Be accountable for the implementation of Council goals and policies and the overall
performance of the City;
(m)Encourage and provide staff support for regional and intergovernmental cooperation;
(n) Promote partnerships among the Mayor, Council,staff, and citizens in developing
public policy and building a sense of community;
(o) Make business and policy recommendations based solely on his or her independent
professional judgment and best practices in the interests of the City; and
Packet Pg. 17
2.A.b
Proposed San Bernardino Charter (Final) Page 7
(p) Perform other such duties as are specified in this Charter,by ordinance, or as may be
requested by the Council.
ARTICLE V: DEPARTMENTS, SERVICES,OFFICERS AND EMPLOYEES
Section 501. General Provisions
The City Manager may establish City departments, offices, or agencies in addition to those
created by this Charter, subject to approval of the City Council, and may prescribe the
functions of all departments, offices and agencies to meet the needs of the community in the
most effective and efficient manner.
0
Section 502. Direction by City Manager
m
L
Each City department, office and agency shall be administered by an executive appointed by
and subject to the direction and supervision of the City Manager,except the Offices of the
Council,Mayor, City Attorney and City Clerk,the Library Board of Trustees,and the Water 'a
Board,which shall be administered by their respective executive officers as provided for o
elsewhere in this Charter but which shall in all other respects be governed by the policies o
L
applicable to all other departments, offices and agencies. a.
a�
With the consent of the Council,the City Manager may serve as the executive of one or more LO
such departments,offices or agencies.
a
The City Manager may appoint one person to serve as the executive of two or more
departments.
X
Section 503. Continuation of Departments w
c
All departments, agencies,offices, and services in existence at the time this Charter is adopted
L
shall continue in the same manner as before the adoption of this Charter,unless and until
changed by ordinance or other action approved by the City Council.
U
Section 504. City Attorney N
0
A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as o
provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor a.
and entire Council in the same manner.The City Attorney shall serve as chief legal advisor to
the Council, the City Manager and all City departments, offices and agencies;shall represent the E
City in all legal proceedings; and shall perform any other duties prescribed by State law, this
Charter or by ordinance. Q
Section 505. City Clerk
A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as
provided in section 304(b) of this Charter.The City Clerk may be removed by the Mayor and
entire Council in the same manner. The City Clerk shall give notice of Council meetings to its
members and the public,keep the journal of its proceedings, and shall perform any other duties
prescribed by State law, this Charter or by ordinance.
Packet Pg. 18
2.A.b
Proposed San Bernardino Charter(Final) Page 8
Section 506. Departmental Administrators;Appointive Powers
Each departmental executive shall have the power to appoint,supervise, suspend, or remove
such assistants, deputies,subordinates and employees as are provided for the department,
subject to the approval of the City Manager and subject to the provisions of the personnel rules
and regulations adopted by the Council.
Section 507. Services
The City shall provide for a municipal police department. The City also shall provide for
community development, finance,fire and emergency medical services,information
w
technology,library, parks and recreation,personnel, public works,water and wastewater, and o
such other services as the Council deems appropriate for the public's health, safety and welfare. M
m
L
Section 508. Personnel System °
ca
All appointments and promotions of City officers and employees shall be made solely on the v
basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of y
competence. The administration of employee matters shall be delegated to a personnel or a
human resources department. °
aL
Consistent with all applicable Federal and State laws, the Council shall provide for the
establishment,regulation and maintenance of a merit system and governing personnel rules LO
and regulations necessary for the effective administration of the employees of the City's Q
NON departments, offices and agencies. Such personnel rules and regulations may include but are
not limited to classification and pay plans, examinations,force reduction,removals,working
conditions,provisional and exempt appointments, in-service training, grievances and w
relationships with employee organizations.
c
Section 509. Official Bonds.
The Council shall fix by resolution the amounts and terms of the official bonds of all officers or
employees who are required by the Council to acquire such bonds. All bonds shall be executed
by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall o
be filed with the City Clerk.Premiums on official bonds shall be paid by the City. o
L
a.
There shall be no personal liability upon, or any right to recover against, a superior officer, or
his or her bond, for any wrongful act or omission of his or her subordinate,unless such superior
officer was a party to, or conspired in,such wrongful act or omission.
R
.r
Q
ARTICLE VI: BOARDS,COMMISSIONS AND COMMITTEES
Section 600. General Provisions
1 Each board, commission and committee established prior to the adoption of this Charter shall
continue to exist,exercise the powers and perform the duties assigned to it upon adoption of
this Charter.However, the Council may alter the structure,membership,powers and duties of
Packet Pg. 19
Proposed San Bernardino Charter (Final) Page 9
boards, commissions and committees. The Council also may abolish or create particular boards,
commissions and committees, provided that the Council may not abolish the Commissions or
Boards specifically provided for in this Charter. The Council may grant powers and duties to
boards, commissions and committees that are consistent with the provisions of this Charter.
Section 601. Appointment,Removal,Terms of Office and Procedural Rules
Except as provided elsewhere in this Charter, the appointment,removal, and terms of office of
boards, commissions, committees and their members and the rules and regulations pertaining
to the conduct of board, commission or committee business shall be as prescribed by a vote of
the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, °1
commissions and committees shall be residents of the City,unless exempted by ordinance or _o
State law. m
m
L
Section 602. Library
A Library Board of Trustees consisting of five (5)members shall be appointed by a vote of the v
Mayor and entire Council, as provided in section 304(b) to serve without compensation. The y
Mayor and entire Council may remove Trustees in the same manner. The Board shall: n.
0
L-
(a)Be responsible for providing adequate library services; °
(b)Appoint a Library Director;
LO
(c)Administer the Library budget allocated by the Council; d-
(d)Make and enforce all rules and regulations applicable to library services; and Q
(e)Administer such additional matters as may be determined by ordinance.
X
Section 603. Water and Wastewater w
A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire =
w
Council, as provided in section 304(b). Commissioners shall serve terms of six (6)years each,
staggered in the same manner as at the time of the adoption of this Charter. Any one or more of R
s
these Commissioners may be removed by a vote of the Mayor and entire Council. The Board v
shall have the following powers and responsibilities: N
0
(a)Be responsible to oversee and manage the City's water supply,recycled water, o
wastewater collection and treatment("Water and Wastewater Systems") functions in a-
accordance with State law. _
d
(b) Employ such persons,including a general manager, as may be needed for proper
U
administration of the City's Water and Wastewater Systems. ca
(c) Set and collect all rates,fees and charges for operation of the Water and Wastewater Q
Systems.
(d)Allocate all receipts and expenditures to separate, independent,Water and Sewer Funds
in accordance with State law.
(e)Provide for an annual,independent audit of all water and wastewater accounts, and
may provide for more frequent audits as it deems necessary. Copies of all auditors'
reports shall be filed with the City Clerk and Council.
Packet Pg.20
2.A.b
Proposed San Bernardino Charter (Final) Page 10
(f) Compensate members of the Water Board in accordance with actions of the Water Board
following public hearing.
(g) Collaborate with the Council,Mayor and City Manager concerning the City's Water and
Wastewater Systems. In this regard, the Council shall take such actions as may be
appropriate to enforce rules and regulations of the Board.
(h) Establish and periodically review and revise such rules and regulations as may be
appropriate for managing the City's Water and Wastewater Systems.
Section 604. Personnel Commission
a�
w
w
0
A Personnel Commission consisting of five (5)members shall be appointed by a vote of the CO
Mayor and entire Council, as provided for in section 304(b) of this Charter,to serve without m
compensation. The Mayor and entire Council may remove Commissioners in the same manner.
The Commission's sole responsibility shall be to hear appeals of disciplinary action by City v
employees, subject to the provisions of adopted labor agreements. Decisions of the Commission
shall be final without further review within the City. 0
0
L
a
ARTICLE VII: FINANCIAL MANAGEMENT W
LO
Section 700. Fiscal Year
Q
The fiscal year of the City shall begin on the first day of July of each year and end on the last .
�. day of June of the following year. The Council may change the fiscal year by ordinance.
X
Section 701. Submission of Budget and Budget Message w
At least sixty(60) days prior to the beginning of each fiscal year, the City Manager shall prepare
and submit to the Mayor and Council the proposed budget and an accompanying message. The
City Manager's budget message shall explain the budget both in fiscal terms and in terms of the
work programs,linking those programs to organizational goals and community priorities. It
shall outline the proposed financial policies of the City for the ensuing fiscal year and the o
impact of those policies on future years. It shall describe the important features of the budget c
and indicate any major changes from the current year in financial policies,expenditures, and CL
revenues, together with the reasons for such changes.It shall summarize the City's debt
position, including factors affecting the ability to raise resources through debt issues, and E
include other such material as the City Manager deems desirable.
f a
Section 702. Budget and Capital Improvement Program
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and,except as required by law or this Charter, shall be in such form as the
City Manager deems desirable or the Council or Mayor may request for effective management
and understanding of the relationship between the budget and the City's strategic goals. In
addition, the City Manager shall prepare and submit a multi-year capital improvement plan
Packet Pg. 21
Proposed San Bernardino Charter (Final) Page 11
(CIP). The CIP shall be revised and extended each year with regard to capital improvements
still pending or in the process of construction or acquisition.
The City's budget and CIP should strive to achieve the best practice standards set by the
Government Finance Officers Association(GFOA) for distinguished budget presentation.
Section 703. Council Action on the Budget and Capital Improvement Plan
The Council shall publish a general summary of the budget and CIP and hold one (1) or more
public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may
be amended,by the Council before the beginning of each fiscal year. E
w
Section 704. Independent Audit o
�v
M
The Council shall provide for an annual independent audit of all City accounts and may m
provide for more frequent audits as it deems necessary.An independent certified public
accountant or firm of such accountants shall make such audits,which should be performed in v
accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted y
a�
Governmental Auditing Standards (GAGAS).Using competitive bidding,the Council shall a
0
designate such accountant or firm for a period not to exceed five (5)years. a.
As soon as practicable after the end of the fiscal year, a final certified audit and report shall be
LO
submitted by such accountant to the Mayor,each member of the Council, the City Manager,
Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the Q
office of the City Clerk,where they shall be available for inspection by the general public, and
the audit and report shall be published on the City's website.
X
w
Article VIII: ELECTIONS
L
Section 800. City Elections
Beginning in 2018, primary and general election shall be held in said City in consolidation v
with the State Primary Election and the State General Election and every two (2)years y
thereafter. City elections shall follow the provisions and procedures of the State Elections Code o
as applicable to general law cities. The Mayor and Council members shall be sworn in and a
begin their term of service upon certification of the election results, and shall serve until their
successors qualify. E
To facilitate the transition of elections from odd to even numbered years,consistent with the w
timing of elections for state and federal offices,the terms of the Mayor and each Council Q
member in office at the time of the adoption of this Charter shall be extended for one (1) year.
Section 801. Elective Officers;Terms
The elective officers of the City shall consist of a Mayor and seven Council members. Council
members shall continue to be elected for terms of four (4) years,with such terms staggered
between the wards as established by ordinance. Each Council member shall be elected by ward
Packet Pg. 22
2.A.b
Proposed San Bernardino Charter (Final) Page 12
by the voters within that ward. The Mayor shall continue to be elected at large for a term of
four(4)years.
Section 802. Number of Wards
There shall be seven(7)wards.
Section 803. Adjustment of Ward Boundaries
Periodic adjustments to ward boundaries shall be made to maintain each in compact form and
as nearly equal in population as possible,consistent with applicable State and Federal laws.
0
ARTICLE IX: INITIATIVE,CITIZEN REFERENDUM AND RECALL m
L
Section 900. Initiative,Citizen Referendum and Recall
Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, v
as applicable to general law cities. o
0.
0
L
a
ARTICLE X: CHARTER AMENDMENTS CD
Section 1000. Charter Amendments
Amendments to this Charter shall be made in accordance with the procedures of the State
Elections Code, as applicable to charter cities.
x
Section 1001. Periodic Review of Charter w
By December 2017, the Council shall establish a process to ensure the periodic review of this
Charter to identify potential amendments that enhance clarity, efficiency, and the principles of
the council-manager form of government.
U
m
ARTICLE XI: SEVERABILITY o.
0
L
Section 1100. Severability a
w
If any provision of this Charter is held invalid,the other provisions of the Charter shall not be
affected. If the application of the Charter or any of its provisions to any persons or circumstance
is held invalid, the application of the Charter and its provisions to other persons or w
circumstances shall not be affected. Q
Packet Pg.23
❑��,Q,��I support the New San Bernardino Charter.
I would like to contribute:
0 $1,000 11 $500 0 $250 0 $100 0 $75 0 $50 Other
Please make check payable to: Yes on New SB Charter 2016.
Credit Card#(Visa,MC or AMEX) CCV Exp.Date Authorized Signature
I can help the campaign by:
_Putting up a yard sign
—Walking precincts _Hosting a neighborhood coffee
Making phone calls _ On Election Day
—You may use my name as an endorsement
State law requires the following information:
*Name:
*Street Address: Sorry, No PO Boxes
*City/State/Zip:
*Occupation:
*Employer: If self employed,name of business
Phone Number: Email:
*Required for personal contributions
Contributions are not deductible for federal or state income tax purposes. There are no
limits on personal or corporate contributions. Paid for by Yes on New San Bernardino
Charter 2016 o ID# pending o P.O. Box 30862, San Bernardino, CA 92413.
•
oln
for a
Campaign
Kick--off
and
do part our to
y
FI' x Our Cl'toy.
Wednesday, August 10, 2016
at
Native Sons of the Golden West Hall
2701 Del Rosa Avenue, San Bernardino
5 :30-7:30 p.m.
Food ar
YeS ! New San Bernardino Charter
Hear our plans for a successful campaign!
Yes on New San Bernardino Charter 2016 0 P.O. Box 30862, San Bernardino,CA 92413 0 FPPC ID# 1386788
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. Recitals.
10 a) In accordance with the Constitution of the State of California, the City of San
11 Bernardino, a municipal corporation,has adopted a Charter.
12
b) The Mayor and Common Council of the City of San Bernardino desire to submit a
13
new Proposed Charter to the electors.
14
15 SECTION 2. Special Municipal Election Called. A special municipal election is
16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016,
17
for the purpose of submitting to the qualified electors of the City, for their approval or
18
disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto.
19
20 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
21 California Elections Code, the Mayor and Common Council of the City of San Bernardino
22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
23
special municipal election with the statewide general election to be held on November 1, 2016.
24
25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
27 be closed, except as provided in Section 14401 of the California Elections Code.
28
1 SECTION 4. Measure. The measure to be voted on at the consolidated special
2 municipal election as it is to appear on the ballot shall be as follows:
3
MEASURE . Approve the adoption of
4 a new Charter for the City of San Bernardino For the Adoption
5
6 Against the Adoption
The measure shall be designated on the ballot by a letter printed on the left margin of
7
8 the square containing the description of the measure as provided in the California Elections
9 Code.
10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
11
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
12
13 respects as if there were only one election with only one form of ballot. Results of said special
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
16
of the special municipal election which shall contain the following:
17
A. The date of the election;
18
19 B. The hours the polls will be open;
20 C. That the last day for receipt of primary arguments for or against the measure has
21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second
22
Floor, City Hall, 300 North"D" Street, San Bernardino, California;
23
24 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
25 in the City Clerk's Office at the above location.
26 The City Clerk is directed to make arrangements to accept arguments and to arrange for
1
27
28
2
1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
3
election to be held on the same date.
4
5 SECTION 7. Conduct of Election. The special municipal election so called shall be
6 held in such precincts and at such polling places as shall be determined by the Registrar of
7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
8
Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
9
to necessary for the holding of the consolidated election. The City Manager is hereby authorized
11 to execute a contract for services necessary for conducting the special municipal election. The
12 City of San Bernardino recognizes that additional costs will be incurred by the County by
13 reasons of this consolidation and agrees to reimburse the County for any such costs.
14
SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
15
16 directed to file a certified copy of this Resolution with the Board of Supervisors of the County
17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
18 SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections
19
Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
20
21 other necessary documents, to Outside Counsel for purposes of preparation of an Impartial
22 Analysis.
23 SECTION 10. CEQA. The Mayor and Common Council of the City of San
24 Bernardino hereby find that the submission of this ballot measure to the voters is covered by the
25
general rule that CEQA applies only to projects which have the potential for causing a
26
27 significant effect on the environment. It can be seen with certainty that there is no possibility
28
3
1 that this project may have a significant effect on the environment, therefore, the activity is not
2 subject to CEQA under State CEQA Guidelines sec. 15061(b)(3).
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
4
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th
8 day of August, 2016, by the following vote,to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 BARRIOS
13 VALDIVIA
14
SHORETT
15
NICKEL
16
17 RICHARD
18 MULVIHILL
19
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of , 2016.
22
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28 By:
5
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. Recitals.
10 a) In accordance with the Constitution of the State of California, the City of San
11 Bernardino, a municipal corporation, has adopted a Charter.
12
b) The Mayor and Common Council of the City of San Bernardino desire to submit a
13
14 new Proposed Charter to the electors.
15 SECTION 2. Special Municipal Election Called. A special municipal election is
16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016,
17 for the purpose of submitting to the qualified electors of the City, for their approval or
18
disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto.
19
20 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
21 California Elections Code, the Mayor and Common Council of the City of San Bernardino
22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
23
special municipal election with the statewide general election to be held on November 1, 2016.
24
25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
�
26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
27 be closed, except as provided in Section 14401 of the California Elections Code.
28
1 SECTION 4. Measure. The measure to be voted on at the consolidated special
2 municipal election as it is to appear on the ballot shall be as follows:
3
MEASURE . Approve the adoption of
4 a new Charter for the City of San Bernardino For the Adoption
5
6 Against the Adoption
7 The measure shall be designated on the ballot by a letter printed on the left margin of
8 the square containing the description of the measure as provided in the California Elections
9 Code.
10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
11
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
12
13 respects as if there were only one election with only one form of ballot. Results of said special
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
16
of the special municipal election which shall contain the following:
17
A. The date of the election;
18
19 B. The hours the polls will be open;
20 C. That the last day for receipt of primary arguments for or against the measure has
21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second
22
Floor, City Hall, 300 North"D" Street, San Bernardino, California;
23
24 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
25 in the City Clerk's Office at the above location.
26 The City Clerk is directed to make arrangements to accept arguments and to arrange for
27
28
1
2
I
1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
3
election to be held on the same date.
4
5 SECTION 7. Conduct of Election. The special municipal election so called shall be
6 held in such precincts and at such polling places as shall be determined by the Registrar of
7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
8
Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
9
10 necessary for the holding of the consolidated election. The City Manager is hereby authorized
11 to execute a contract for services necessary for conducting the special municipal election. The
12 City of San Bernardino recognizes that additional costs will be incurred by the County by
13 reasons of this consolidation and agrees to reimburse the County for any such costs.
14
SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
15
16 directed to file a certified copy of this Resolution with the Board of Supervisors of the County
17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
18 SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections
19
Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
20
21 other necessary documents, to Outside Counsel for purposes of preparation of an Impartial
22 Analysis.
23 SECTION 10. CEQA. The Mayor and Common Council of the City of San
24 Bernardino hereby find that the submission of this ballot measure to the voters is covered by the
25
general rule that CEQA applies only to projects which have the potential for causing a
26
27 significant effect on the environment. It can be seen with certainty that there is no possibility
28
3
1 that this project may have a significant effect on the environment, therefore, the activity is not
2 subject to CEQA under State CEQA Guidelines sec. 15061(b)(3).
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
4
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th
8 day of August, 2016, by the following vote,to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 BARRIOS
13 VALDIVIA
14
SHORETT
15
NICKEL
16
17 RICHARD
18 MULVIHILL
19
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of , 2016.
22
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28 By:
5
}
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. Recitals.
10 a) In accordance with the Constitution of the State of California, the City of San
11 Bernardino, a municipal corporation,has adopted a Charter.
12
b) The Mayor and Common Council of the City of San Bernardino desire to submit a
13
14 new Proposed Charter to the electors.
15 SECTION 2. Special Municipal Election Called. A special municipal election is
16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016,
17 for the purpose of submitting to the qualified electors of the City, for their approval or
18
disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto.
19
20 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
21 California Elections Code, the Mayor and Common Council of the City of San Bernardino
22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
23
special municipal election with the statewide general election to be held on November 1, 2016.
24
25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
27 be closed, except as provided in Section 14401 of the California Elections Code.
28
i
1 SECTION 4. Measure. The measure to be voted on at the consolidated special
2 municipal election as it is to appear on the ballot shall be as follows:
3
MEASURE . Approve the adoption of
4 a new Charter for the City of San Bernardino For the Adoption
5
6 Against the Adoption
7 The measure shall be designated on the ballot by a letter printed on the left margin of
8 the square containing the description of the measure as provided in the California Elections
9 Code.
10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
11
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
12
13 respects as if there were only one election with only one form of ballot. Results of said special
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
16
of the special municipal election which shall contain the following:
17
A. The date of the election;
18
19 B. The hours the polls will be open;
20 C. That the last day for receipt of primary arguments for or against the measure has
21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second
22
Floor, City Hall, 300 North"D" Street, San Bernardino, California;
23
24 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
25 in the City Clerk's Office at the above location.
26 The City Clerk is directed to make arrangements to accept arguments and to arrange for
27
28
2
1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
3
election to be held on the same date.
4
5 SECTION 7. Conduct of Election. The special municipal election so called shall be
6 held in such precincts and at such polling places as shall be determined by the Registrar of
7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
s
Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
9
to necessary for the holding of the consolidated election. The City Manager is hereby authorized
11 to execute a contract for services necessary for conducting the special municipal election. The
12 City of San Bernardino recognizes that additional costs will be incurred by the County by
13 reasons of this consolidation and agrees to reimburse the County for any such costs.
14
SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
15
16 directed to file a certified copy of this Resolution with the Board of Supervisors of the County
17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
18 SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections
19
Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
20
21 other necessary documents, to Outside Counsel for purposes of preparation of an Impartial
22 Analysis.
23 SECTION 10. CEQA. The Mayor and Common Council of the City of San
24 Bernardino hereby find that the submission of this ballot measure to the voters is covered by the
25
general rule that CEQA applies only to projects which have the potential for causing a
26
27 significant effect on the environment. It can be seen with certainty that there is no possibility
28
3
1 that this project may have a significant effect on the environment, therefore, the activity is not
2 subject to CEQA under State CEQA Guidelines sec. 15061(b)(3).
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
4
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th
8 day of August, 2016, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 BARRIOS
13 VALDIVIA
14
SHORETT
15
NICKEL
16
17 RICHARD
18 MULVIHILL
19
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of
22
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28
By:
5
i
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
a
9 SECTION 1. Recitals.
10 a) In accordance with the Constitution of the State of California, the City of San
11 Bernardino, a municipal corporation,has adopted a Charter.
12
b) The Mayor and Common Council of the City of San Bernardino desire to submit a
13
14 new Proposed Charter to the electors.
15 SECTION 2. Special Municipal Election Called A special municipal election is
16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016,
17 for the u ose of submitting th
p 1p g to e qualified electors of the City, for their approval or
18
disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto.
19
20 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
21 California Elections Code, the Mayor and Common Council of the City of San Bernardino
22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's
23
special municipal election with the statewide general election to be held on November 8, 2016.
24
25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
27 be closed, except as provided in Section 14401 of the California Elections Code.
28
i
l
1 SECTION 4. Measure. The measure to be voted on at the consolidated special
2 municipal election as it is to appear on the ballot shall be as follows:
3
MEASURE . Approve the adoption of
4 a new Charter for the City of San Bernardino For the Adoption
5
6 Against the Adoption
The measure shall be designated on the ballot by a letter printed on the left margin of
8 the square containing the description of the measure as provided in the California Elections
9 Code.
10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
11
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
12
13 respects as if there were only one election with only one form of ballot. Results of said special
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
16
of the special municipal election which shall contain the following:
17
A. The date of the election;
18
19 B. The hours the polls will be open;
20 C. That the last day for receipt of primary arguments for or against the measure has
21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second
22
Floor, City Hall, 300 North"D" Street, San Bernardino, California;
23
D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
24
25 in the City Clerk's Office at the above location.
26 The City Clerk is directed to make arrangements to accept arguments and to arrange for
27
28
2
V
1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
3
election to be held on the same date.
4
5 SECTION 7. Conduct of Election. The special municipal election so called shall be
6 held in such precincts and at such polling places as shall be determined by the Registrar of
7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
8
Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
9
10 necessary for the holding of the consolidated election. The City Manager is hereby authorized
11 to execute a contract for services necessary for conducting the special municipal election. The
12 City of San Bernardino recognizes that additional costs will be incurred by the County by
13 reasons of this consolidation and agrees to reimburse the County for any such costs.
14
SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
15
16 directed to file a certified copy of this Resolution with the Board of Supervisors of the County
17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
is SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections
19
Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
20
21 other necessary documents, to Outside Counsel for purposes of preparation of an Impartial
22 Analysis.
23 SECTION 10. CEQA. The Mayor and Common Council of the City of San
24 Bernardino hereby find that the submission of this ballot measure to the voters is covered by the
25
general rule that CEQA applies only to projects which have the potential for causing a
26
27 significant effect on the environment. It can be seen with certainty that there is no possibility
2s
3
i
1 that this project may have a significant effect on the environment, therefore, the activity is not
2 subject to CEQA under State CEQA Guidelines sec. 15061(b)(3).
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
14
25
26
27
28
4
i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th
8 day of August, 2016, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 BARRIOS
13 VALDIVIA
14
SHORETT
15
NICKEL
16
17 RICHARD
18 MULVIHILL
19
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of , 2016.
22
23
R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27
28 By.
5