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HomeMy WebLinkAbout10-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN CITY ATTORNEY SubjectResolution of the Mayor and Common Council ofthe Cit) Of San Bernardino Submitting to the Qualified Electors Of Said City for Their Approval a Proposed Charter Amendment Amending Section 120 - The Initiative; Section 122 - The Recall and Adding Section 123 - Compliance with Elections Code; Transmission of the Proposed Charter Amendment to the Office of the City Attorney for Purposes of Preparation of an Impartial Analysis. Dept: CITY ATTORNEY Date: July 21, 2006 ORIGINAL Resolution of the Mayor and Common Council of the City Of San Bernardino Calling A Special Municipal Election on a Proposed Charter Amendment Amending Section 120 - The Initiative; Section 122 - The Recall and Adding Section 123 - Compliance with Elections Code and Requesting that Said City of San Bernardino's Special Municipal Election be Consolidated with the November 7, 2006 Statewide General Election Conducted by the County of San Bernardino. MICC Meeting Date: July 24, 2006 Synopsis of Previous Council Action: Not Applicable. Recommended Motion: Table all eight resolutions in agenda items 10 and lOA; in the alternative, if the eight resolutions are not tabled, it is recommended that resolutions A and B of agenda item #10 be adopted, and that resolutions A, B, C, D, E, and F of agenda item lOA be tabled. 1. ~ Signature Contact person: Douglas H. Calkins Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Not Applicable Source: (Acct. No.) Not Applicable (Acct. Description) Finance: Council Notes: Agenda Item No. 10 1 /:J, L/ It) & DHC/ed/[EleClionDocumenlsISpecialEleclion.RCA] STAFF REPORT Council Meeting Date: Julv 24. 2006 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney July 21, 2006 Amending Sections 120 - The Initiative and 122 - The Recall and Adding Section 123 - Compliance with Elections Code to the City Charter The two versions ofa proposed charter change, involving Sections 120, 121 and 122 of the existing Charter are, in the opinion of this office, unnecessary. Had the office of the City Attorney been contacted for legal advice on the issue ofthe recent "Turner initiative," Mr. Florentino Garza would not have been forced to take the City to court to compel our election officials to comply with the clear and unambiguous language approved by the voters in 1905, and again in 2004. Calling a special election, which will cost the taxpayers thousands of dollars, makes no legal sense. To quote an old legal maximum, "ifit isn't broke, don't fix it." The purpose of this agenda item is to call a special municipal election to amend City Charter Sections 120 - The Initiative, 121 - The Referendum, and 122 - The Recall, and to add Charter Section 123 - Compliance with Elections Code. The election would be consolidated with the Statewide General Election to be held on November 7, 2006. The decision in City of San Bernardino, et at. v. Florentino Garza holding that the City Clerk's Notice of Sufficiency relative to the "City of San Bernardino Illegal Immigration Relief Act Ordinance" was invalid due to the use of the incorrect election to determine the number of signatures required to qualify the initiative measure for the ballot, was a predictable decision prompted by a failure to comply with the clear and unambiguous language approved by San Bernardino City voters. This measure, if adopted, would change, nonetheless, the language in our Charter to conform with the decision of the City Clerk, in the recent Turner matter, contrary to the current, expressed will of the voters. In addition, two other changes are included. First, the City Clerk has requested that the time to determine the sufficiency of valid signatures on the petitions be increased from 10 to 30 days to provide additional time for that procedure to be completed. In addition, the City Clerk has also requested that Section 122 be changed to provide that the date for fixing the election must be between 90 to 180 days from the date of the City Clerk's presentation of his /her certificate to the Mayor and Common Council that a sufficient petition has been filed. DHC/ed/Election Documents[SpecialElection.StaftReport] Lastly, the addition oflanguage authorizing the City to follow the Elections Code, when provisions of the City Charter do not address a specific procedural or other election related issue, is included at the request of the City Clerk, but is unnecessary because that authority already exists in Article II, 911 of the current City Charter. It is recommended that the Mayor and City Council table the eight resolutions found in items 10 and lOA ofthe July 24, 2006 agenda, or, in the alternative that the two resolutions in item lObe adopted, and the six resolutions in item lOA be tabled. DHC/cd/Election Documents[SpeciaIElection.StaflReportl 2 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 3 CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING SECTION 123 - COMPLIANCE WITH ELECTIONS 4 CODE AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 2006 5 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals A. In accordance with the Constitution of the State of California, the City of San Bernardino, a municipal corporation, has adopted a Charter. B. The Mayor and Common Council of the City of San Bernardino desire to submit to the qualified electors of the City of San Bernardino for their consideration a Charter amendment amending Section 120 - The Initiative, Section122 - The Recall and adding Section 123 - Compliance with Elections Code. SECTION 2. Special Municipal Election Called. A special municipal election is hereby called and will be held in the City of San Bernardino on Tuesday, November 7,2006, for the purpose of submitting to the qualified electors of the City, for their approval or disapproval, the proposed Charter amendments as set forth in Exhibit" A" attached hereto. SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the California Elections Code, the Mayor and Common Council of the City of San Bernardino request that the Board of Supervisors of the County of San Bernardino consolidate the City's special municipal election with the statewide general election to be held on Tuesday, November 7, 2006. The polls for said election shall be open at 7:00 a.m. of the day of said election and shall remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 4. Measure. The measure to be voted on at the consolidated special municipal election as it is to appear on the ballot shall be as follows: DHC/js (Resolutions\CalJing Special Election.Resolution] 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 2 CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING SECTION 123 - COMPLIANCE WITH ELECTIONS 3 CODE AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 2006 4 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 6 7 8 9 10 11 12 MEASURE . Approve City Charter Amendments amending Section 120 - The Initiative, Section 122 - The Recall and For the Amendment adding section 123 - Compliance with Elections Code regarding election matters. Against the Amendment The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in the California Elections Code. SECTION 5. Canvas of Returns . The Registrar of Voters of the County of San 13 Bernardino is hereby authorized to canvass the returns of the special municipal election so called 14 which shall contain the following: 15 16 17 A. B. C. The time of the election; The hours the polls will be open; That the last day for receipt of primary arguments for or against the measure has 18 been established as 5:00 p.m. on August 21,2006 in the City Clerk's Office, Second Floor, City 19 Hall, 300 North "D" Street, San Bernardino, California; 20 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 31, 2006 21 in the City Clerk's Office at the above location. 22 The City Clerk is directed to make arrangements to accept arguments and to arrange for 23 sample ballots, which shall include the text of the proposed Charter Amendment, in accordance 24 with the California Elections Code. This notice may be combined with a notice of any other 25 municipal election to be held on the same date. 26 SECTION 7. Conduct of Election. The special municipal election so called shall be held 27 in such precincts and at such polling places as shall be determined by the Registrar of Voters of 28 the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is DHC/js [Resolutions\Calling Special Election.Resolution] 2 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 2 CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING SECTION 123 - COMPLIANCE WITH ELECTIONS 3 CODE AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 2006 4 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the 6 holding of the consolidated election. The Mayor is hereby authorized to execute a contract for 7 the services necessary for conducting the special municipal election. The City of San Bernardino 8 recognizes that additional costs will be incurred by the County by reasons of this consolidation 9 and agrees to reimburse the County for any such costs. 10 11 SECTION 8. Filine: of Resolution. The City Clerk of the City of San Bernardino is directed to file a certified copy of this Resolution with the Board of Supervisors of the County of 12 San Bernardino and to file a copy of this Resolution with the Registrar of Voters. 13 1// 14 1// 15 1// 16 /1/ 17 /1/ 18 /1/ 19 1// 20 1// 21 1// 22 1// 23 1// 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 DHC/js (Resolutions\Calling Special Election.Resolution] 3 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A PROPOSED 2 CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING SECTION 123 - COMPLIANCE WITH ELECTIONS 3 CODE AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 7, 2006 4 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 6 7 If/ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 8 on the day of 9 COUNCIL MEMBERS: AYES 10 ESTRADA 11 BAXTER 12 MCGINNIS 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 , 2006, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 20 21 22 23 24 25 The foregoing Resolution is hereby approved this _ day of ,2006. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN, City Attorney 26 27 By: ~ 7'~ 28 0 DHC/js (Resolutions\Calling Special Election.Resolution] 4 EXHIBIT "A" Section 120. The Initiative. Any proposed ordinance may be submitted to the Common Council by a petition signed by qualified and registered electors ofthe City equal in number to the percentage hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within tC,1 dllYs thirty (30) days from the date offiling such petition, the City Clerk shall examine and from the great register ascertain whether, or not, said petition is signed by the requisite number of qualified electors and if necessary, the Council shall allow him/her extra help for that purpose, and he/she shall attach to said petition his/her certificate showing the results of said examination. If, by the Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional ten (10) days from the date the petition is returned to them by the Clerk, to obtain the required number of signatures. The Clerk shall, within ten (10) days after such additional ten (10) day period to obtain additional signatures, make like examination of said petition, and ifhis/her certificate shall show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient the Clerk shall submit the same to the Council without delay. If the petition accompanying the proposed ordinance be signed by electors equal in number to thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City F:\CALKfNS\Election Documents\EXHIBIT Awpd election at which a Mayor was elected prior to the publication of the notice of intent to circulate the petition, and contains a request that said ordinance be submitted forthwith to a vote of the people at a special, or general municipal election, then the Council shall either: (a) Pass such ordinance without alteration within twenty (20) days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition (subject to referendary vote), and ifthe ordinance shall be passed by the Council, but shall be vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within five (5) days after determination that said ordinance shall have so failed of final adoption, the Council shall proceed to call a special election at which said ordinance without alteration, shall be submitted to a vote of the people; or, (b) Forthwith after the Clerk shall attach to the petition accompanying such Ordinance his/her certificate of sufficiency, the Council shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people. The ballots used when voting upon said proposed ordinance shall contain the words, "For the Ordinance," (stating the general nature of the proposed ordinance) and "Against the Ordinance," (stating the general nature of the proposed ordinance). Ifa majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City; and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people obtained in like manner. Any number of proposed ordinances may be voted upon at the same election. In accordance with the provisions of this section; provided that there shall not be held under this section of the Charter more than one special election in any period of twelve months. F:\CALKINS\Election Documents\EXHIBIT A.wpd 2 Section 122. The Recall. Proceedings may be commenced for recall of the holder of any elective office of this City and the election ofa successor of the holder sought to be removed by the service, filing and publication of a notice of intention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement, the holder has held office for at least ninety days and no recall petition has been filed against such holder within the preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than fifteen percent (15%) ofthe voters ofthe City, orin the case ofa City Council Member elected by ward twenty five percent (25%) of the voters of that ward, according to the County Clerk's last official report of registration to the Secretary of State. No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name ofthe officer sought to be recalled and the title of his/her office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk an answer in not more than 500 words to the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at his/her expense. If the answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement F:\CALKINS\Election Documents\EXHIBIT A,wpd 3 declaring hislher intent that the answer be published. The statement and answer are intended solely for the information of the voters and no insufficiency in the form of substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Section 6000 to 6066 of the Goverrunent Code, adjudicated as such. Seven (7) days after the publication of the notice, statement and answer, if it is to be published, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety (90) days from the filing of the notice of intention. Ifsuch petition is not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the petition need not all be appended to one paper; but each signer shall add to hislher signature hislher place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended, is the genuine signature of the person whose name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the clerk to the filer(s) thereof who shall have an additional thirty (30) days from the date the petition is returned to them by the Clerk to obtain the required number of signatures. The City Clerk shall, F:\CALKINS\Elcction Documents\EXHIBIT A.wpd 4 within thirty (30) days after such additional thirty (30) day period to obtain additional signatures, make like examination of said petition, and, if his/her certificate shall show the same to be insufficient it shall be void for all purposes. If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Counsel shall thereupon order and fix a date for holding said election, not less than tift} (50) d<rys ninety (90) days, nor more than SG, Gllry (70) d<rys one-hundred eighty (180) days from the date of the City Clerk's certificate to the Council that a sufficient petition is filed. The ballots used when voting upon said proposed recall shall contain the words "shall (title of office and the name of the person against whom the recall is filed) be recalled?" and the words "yes" and "no." The Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections. Qualified candidates to succeed the person against whom the recall is filed, shall be listed on the ballot, except that the incumbent shall not be eligible to succeed himself/herself in any such recall election. In any such removal election, if a majority of the votes cast is for "yes" on the question of whether or not the incumbent should be recalled, the candidate receiving the highest number of votes shall be declared elected. The incumbent shall thereupon be deemed removed from the office upon qualification of his/her successor. In case the party who received the highest number of votes should fail to qualifY within ten (10) days after receiving notification of election, the office shall be deemed vacant. The successor of any officer so removed shall hold office during the unexpired term of his/her predecessor. F:\CALKINS\Election Documents\EXHIBIT A.wpd 5 Section 123. Compliance with Elections Code. Unless otherwise provided by ordinance hereafter amended, City initiative, referendum and recall elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of elections in cities so far as the same are not in conflict with the City Charter or ordinances. F:\CALKINS\Election Documents\EXHIBIT A.wpd 6 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY 3 FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING 4 SECTION 123 - COMPLIANCE WITH ELECTIONS CODE; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY 5 FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Recitals. 9 Resolution No. A. has been adopted by the Mayor and Common Council 10 of the City of San Bernardino on the date of , submitted to the electors of the City of 11 San Bernardino a proposed Charter amendment, a copy of which is attached hereto as Exhibit A 12 and is hereby incorporated herein as though fully set forth. 13 SECTION 2. ReQuest for Consolidation of Elections. Pursuant to Section 10400 of the 14 Elections Code, the Mayor and Common Council of the City of San Bernardino have requested 15 by Resolution No. that the Board of Supervisors of the County of San Bernardino 16 consolidate the City's special municipal election with the election to be held on Tuesday, 17 November 7,2006. 18 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal 19 election as it is to appear on the ballot shall be as follows: 20 21 22 23 24 25 26 27 28 MEASURE . Approve City Charter Amendments amending Section 120 - The Initiative, Section 122 - The Recall and For the Amendment adding section 123 - Compliance with Elections Code regarding election matters. Against the Amendment The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the descriptio n of the measure as provided in the Elections Code of the State of California. SECTION 4. Canvass of Returns. Pursuant to Resolution No. , the Registrar DHC/js [Resolutions\Submitting to Electors.Resolution] I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY 2 FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING 3 SECTION 123 - COMPLIANCE WITH ELECTIONS CODE; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY 4 FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 of Voters of the County of San Bernardino is authorized to canvass the returns of the consolidated 6 special municipal election and to conduct the consolidated special municipal election in all respects 7 as if there were only one election with only one form of ballot. Results of said special municipal 8 election shall be certified to the Mayor and Common Council of the City of San Bernardino. 9 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice 10 of the special municipal election which shall contain the following: 11 12 A. B. The date of the election and the hours the polls will be open. That the last day for receipt of primary arguments for or against the measure has 13 been established as 5:00 p.m. on August 21,2006 in the City Clerk's Office, Second Floor, City 14 Hall, 300 North "D" Street, San Bernardino, California. 15 c. That the last day for receipt of rebuttal arguments is 5 :00 p.m. on August 31, 2006 16 in the City Clerk's Office at the above location. 17 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall 18 also include the text of the proposed Charter Amendment, in accordance with the Elections Code. 19 This notice may be combined with a notice of any other municipal election to be held on 20 the same date. 21 SECTION 6. Conduct of Election. Pursuant to Resolution No. , the 22 consolidated special municipal election shall be held in such precincts and at such polling places 23 as shall be determined by the Registrar of Voters of the County of San Bernardino. The Board 24 of Supervisors of the County of San Bernardino has been requested to issue instructions to the 25 Registrar of Voters to take all steps necessary for the holding of the consolidated election. The 26 Mayor has been authorized to execute a contract for the services necessary for conducting said 27 municipal election. 28 SECTION 7. Filinl! of Resolution. The City Clerk of the City of San Bernardino is DHC/js (Resolutions\Submitting to Electors.Resolulion] 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY 2 FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING 3 SECTION 123 - COMPLIANCE WITH ELECTIONS CODE; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY 4 FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 directed to file a certified copy of this resolution with the Board of Supervisors of the County of 6 San Bernardino and to file a copy of this resolution with the Registrar of Voters. 7 SECTION 8. Transmission of ProDosed Charter Amendment. Pursuant to the State 8 of California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter 9 Ballot Measure, and all other necessary documents, to the Office of the City Attorney for purposes 10 of preparation of an Impartial Analysis. 11 I I I 12 /II 13 /II 14 1/1 15 1/1 16 1/1 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II DHC/js (Resolutions\Submitting to Electors,Resolution] 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY 2 FOR THEIR APPROVAL A PROPOSED CHARTER AMENDMENT AMENDING SECTION 120 - THE INITIATIVE; SECTION 122 - THE RECALL AND ADDING 3 SECTION 123 - COMPLIANCE WITH ELECTIONS CODE; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY 4 FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of 8 COUNCIL MEMBERS: AYES 9 ESTRADA 10 BAXTER II MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON IS MCCAMMACK 16 17 , 2006, by the following vote, to wit: NAYS ABSTAIN ABSENT 18 19 20 21 22 Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2006. Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 JAMES F. PENMAN, City Attorney 25 26 27 By: 28 DHCfjs [Resolutions\Submitting to E1ectors.Resolution] 4 EXHIBIT "A" Section 120. The Initiative. Any proposed ordinance may be submitted to the Common Council by a petition signed by qualified and registered electors of the City equal in number to the percentage hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within (GO day 5 thirty (30) days from the date of filing such petition, the City Clerk shall examine and from the great register ascertain whether, or not, said petition is signed by the requisite number of qualified electors and if necessary, the Council shall allow him/her extra help for that purpose, and he/she shall attach to said petition his/her certificate showing the results of said examination. If, by the Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional ten (10) days from the date the petition is returned to them by the Clerk, to obtain the required number of signatures. The Clerk shall, within ten (10) days after such additional ten (10) day period to obtain additional signatures, make like examination of said petition, and if his/her certificate shall show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient the Clerk shall submit the same to the Council without delay. If the petition accompanying the proposed ordinance be signed by electors equal in number to thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City F:\CALKINS\Election Documents\EXHIBIT A.wpd election at which a Mayor was elected prior to the publication of the notice of intent to circulate the petition, and contains a request that said ordinance be submitted forthwith to a vote ofthe people at a special, or general municipal election, then the Council shall either: (a) Pass such ordinance without alteration within twenty (20) days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition (subject to referendary vote), and if the ordinance shall be passed by the Council, but shall be vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within five (5) days after determination that said ordinance shall have so failed offinal adoption, the Council shall proceed to call a special election at which said ordinance without alteration, shall be submitted to a vote ofthe people; or, (b) Forthwith after the Clerk shall attach to the petition accompanying such Ordinance his/her certificate of sufficiency, the Council shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people. The ballots used when voting upon said proposed ordinance shall contain the words, "For the Ordinance," (stating the general nature of the proposed ordinance) and "Against the Ordinance," (stating the general nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City; and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people obtained in like manner. Any number of proposed ordinances may be voted upon at the same election. In accordance with the provisions ofthis section; provided that there shall not be held under this section of the Charter more than one special election in any period of twelve months. F:\CALKINS\Election Documents\EXHIBIT Awpd 2 Section 122. The Recall. Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed by the service, filing and publication of a notice of intention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement, the holder has held office for at least ninety days and no recall petition has been filed against such holder within the preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than fifteen percent (15%) of the voters of the City, or in the case ofa City Council Member elected by ward twenty five percent (25%) of the voters of that ward, according to the County Clerk's last official report of registration to the Secretary of State. No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name of the officer sought to be recalled and the title of hislher office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing ofthe notice of intention, the officer sought to be recalled may file with the City Clerk an answer in not more than 500 words to the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at hislher expense. If the answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement F:\CALKINS\Election Documents\EXHIBIT A.wpd 3 declaring his/her intent that the answer be published. The statement and answer are intended solely for the information of the voters and no insufficiency in the form of substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Section 6000 to 6066 ofthe Government Code, adjudicated as such. Seven (7) days after the publication of the notice, statement and answer, ifit is to be published, the recall petition may be circulated and signed. The petition shall bear a copy ofthe notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety (90) days from the filing ofthe notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the petition need not all be appended to one paper; but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended, is the genuine signature of the person whose name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the clerk to the filer(s) thereof who shall have an additional thirty (30) days from the date the petition is returned to them by the Clerk to obtain the required number of signatures. The City Clerk shall, F:\CALKINS\Election Documents\EXHIBIT Awpd 4 within thirty (30) days after such additional thirty (30) day period to obtain additional signatures, make like examination of said petition, and, if his/her certificate shall show the same to be insufficient it shall be void for all purposes. If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Counsel shall thereupon order and fix a date for holding said election, not less than fift) (50) days ninety (90) days, nor more than s~, (.Il) (70) dol) s one-hundred eighty (180) days from the date of the City Clerk's certificate to the Council that a sufficient petition is filed. The ballots used when voting upon said proposed recall shall contain the words "shall (title of office and the name of the person against whom the recall is filed) be recalled?" and the words "yes" and "no." The Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections. Qualified candidates to succeed the person against whom the recall is filed, shall be listed on the ballot, except that the incumbent shall not be eligible to succeed himself/herself in any such recall election. In any such removal election, if a majority of the votes cast is for "yes" on the question of whether or not the incumbent should be recalled, the candidate receiving the highest number of votes shall be declared elected. The incumbent shall thereupon be deemed removed from the office upon qualification of his/her successor. In case the party who received the highest number of votes should fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant. The successor of any officer so removed shall hold office during the unexpired term of his/her predecessor. F:\CALKINS\Election Documents\EXHIBIT Awpd 5 Section 123. Compliance with Elections Code. Unless otherwise provided by ordinance hereafter amended, City initiative, referendum and recall elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of elections in cities so far as the same are not in conflict with the City Charter or ordinances. F:\CALKINS\Election Documents\EXHIBIT Awpd 6