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HomeMy WebLinkAbout19-City Attorney - o. o o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT 3 RESOLUTIONS NEED NOT BE PUBLICLY READ BEFORE ADOPTION AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED 4 WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE C!TY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recitals. 8 A. Resolution No. has been adopted by the Mayor 9 and Common Council of the City of San Bernardino on this date, 10 , submitting to the electors of the City of 11 San Bernardino a proposed Charter Amendment, a copy of which is 12 attached hereto as Exhibit "A" and is hereby incorporated herein 13 as though fully set forth. 14 B. It is desirable that the special municipal election to 15 consider said proposed Charter Amendment be consolidated with the 16 general election conducted by the County of San Bernardino on 17 Tuesday, November 7, 1989; that within the City of San Bernardino 18 the precincts, polling places and election officers for the two 19 elections be the same; that the Board of Supervisors of the 20 County of San Bernardino canvass the returns of the City 21 election; and that the general election and the special municipal 22 election be held in all respects as if there were only one 23 election. 24 SECTION 2. Special Municipal Election Called. A special 25 municipal election is called and will be held in the City of San 26 Bernardino on Tuesday, November 7, 1989, for the purpose of 27 submitting to the qualified electors of the City, for their 28 DAB:br June 23, 1989 1 1'1 " :.~ Q' o o o 1 approval or disapproval, the proposed Charter Amendment set forth 2 in Exhibit "A" hereto. SECTION 3. Request for Consolidation of Elections. 3 4 Pursuant to Section 23302 of the Elections Code, the Mayor and 5 Common Council of the City of San Bernardino request that the 6 Board of Supervisors of the County of San Bernardino consolidate 7 the City's special municipal election with the general election 8 to be held on Tuesday, November 7, 1989. 9 SECTION 4. The measure to be voted on at the Measure. 10 special municipal election as it is to appear on the ballot shall 11 be as fOllows: 12 13 14 15 16 17 18 19 20 MEASURE APPROVES A CHARTER AMENDMENT TO PROVIDE THAT RESOLUTIONS NEED NOT BE PUBLICLY READ BEFORE ADOPTION BY THE MAYOR AND COUNCIL FOR THE AMENDMENT 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 Elections Code of the State of California. SECTION 5. Canvass of Returns by Board of Supervisors. 21 The Board of Supervisors of the County of San Bernardino is 22 23 24 25 hereby authorized to canvass the returns of the special municipal election called by this resolution and to conduct the special election and the general election in all respects as if there were only one election with only one form of ballot. Results of 26 27 28 the municipal election shall be certified to the Mayor and Common Council of the City of San Bernardino. DAB:br June 23, 1989 2 . o. o o o 1 SECTION 6. Notice of Election. The City Clerk is hereby 2 directed to publish a notice of the municipal election which 3 shall contain the following: 4 A. The date of the election; 5 B. That the last day for receipt of primary arguments for 6 or against the measure has been established as 4:30 p.m. on 7 , in the City Clerk's Office, Second Floor, 8 City Hall, 300 North "D" Street, San Bernardino, California; 9 C. That the last day for receipt of rebuttal arguments is 10 4:30 p.m. on , in the City Clerk's office at the 11 above location. 12 The City Clerk is directed to accept arguments and arrange 013 for sample ballots, which shall include the text of the proposed 14 ordinance, in accordance with Section 5010, et seq., and Section 15 5350 of the Elections Code. 16 This notice may be combined with a notice of any other 17 special municipal election to be held on the same date. 18 SECTION 7. Conduct of Election. The special municipal 19 election called by this resolution shall be held in such 20 precincts and at such polling places as shall be determined by 21 the Registrar of Voters of the County of San Bernardino. The 22 Board of Supervisors of the County of San Bernardino is hereby 23 requested to issue instructions to the Registrar of Voters to 24 take all steps necessary for the holding of the consolidated 25 election. The Mayor is hereby authorized to execute a contract 26 for the services necessary for conducting the municipal election. 27 28 DAB:br June 26, 1989 3 _~'_"N;""'._',-=,- . 0' 1 SECTION 8. j - o o o Filing of Resolution. The City Clerk of the 2 City of San Bernardino is directed to file a certified copy of 3 this resolution with the Board of Supervisors of the County of 4 San Bernardino. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held on the 9 day of , 1989, by the following vote, to wit: 10 AYES: Council Members 11 12 13 14 15 NAYS: ABSENT: 16 17 City Clerk The foregoing resolution is hereby approved this day of , 1989. 18 19 20 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City Attorney 24 25 26 27 28 DAB:br June 23, 1989 W.R. Holcomb, Mayor City of San BernardinO 4 ~ j . Q' o o o 1 2 PROPOSED CHARTER NO. "SECTION 31. Ordinances - Adoption - Emergency and 3 urgency. Except for emergency or urgency ordinances, no 4 ordinance may be adopted by the Common Council on the day of its 5 introduction, nor within five (5) days thereafter, nor except at 6 a regular or adjourned regular meeting. At the time of adoption 7 of an ordinance er-re8ei~tieR-it shall be read in full unless, 8 except for its title, the reading thereof is waived by unanimous 9 consent of all Council members present. If an ordinance is 10 altered after its introduction (except for correction of 11 typographical or clerical errors), it shall not be adopted except 12 at a regular or adjourned regular meeting held not less than five 13 (5) days after the date of such alteration. Ordinances and codes 14 may be adopted by reference in accordance with general law. 15 Emergency or 'urgency ordinances and each resolution may be 16 adopted on the day of introduction and may take effect upon 17 adoption; provided, however, that this section is not intended, 18 nor shall it be deemed to affect the method of adopting special 19 ordinances and resolutions as required by municipal improvement 20 act, laws relating to elections, taxation, and annexations, or 21 other provisions of law prescribing the time, form and manner for 22 the adoption of ordinances and resolutions of special cases. 23 No order, resolution or ordinance shall have effect without 24 approval of the Mayor, except when five (5) members of the Common 25 Council concur in its adoption. In case of orders, the approval 26 of the Mayor shall be presumed unless at the same meeting at 27 which the order is passed, the Mayor causes his or her 28 DAB:br June 26, 1989 5 ~~~ o. 1 2 i 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 L o o () disapproval, with his or her reasons therefor, to be spread upon the minutes. All resolutions and ordinances after passage must be submitted to the Mayor who shall, within five (5) days after he or she has received the same, endorse his or her approval or disapproval thereon, giving the reasons for his or her disapproval. Each ordinance or resolution to be valid must be passed by a vote of not less than four BB~RB!l.BR Council members and approval by the Mayor, provided that if the Mayor fails to approve the same it may be passed by a vote of not less than five (5) B8~R8!1.eR Council members, and shall take effect as if approved by the Mayor." strike-outs - Language to be deleted. Underlines - Language to be added. DAB:br June 26, 1989 6 , o. o o o 1 ANALYSIS BY CITY ATTORNEY 2 BACKGROUND 3 When the Charter of the City was first adopted the 4 technology was not available to make copies of documents to be 5 considered by the Mayor and Council available to the public. It 6 is apparently for this reason that the Charter requires that all 7 resolutions be publicly read before adoption. The Charter also 8 provides that upon unanimous vote of the Council this 9 requirement may be dispensed with for each individual resolution 10 and as a practical matter, this is what is done in almost every 11 case. 12 13 PROPOSAL 14 This measure would amend Section 31 of the Charter of the 15 City of San Bernardino to delete the requirement that resolutions 16 be read publicly. This would allow the Mayor and Council to take 17 action on a resolution without going through the current practice 18 of publicly reading the title and then taking a vote on waiving 19 the public reading of the complete resolution. 20 If this measure is not approved, public reading of the 21 title of each resolution by the Clerk would still be required 22 followed by public reading of the complete resolution or the 23 waiver of such reading by unanimous vote of the Council. 24 25 26 27 28 DAB:br June 23, 1989