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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDM.ENT WHICH WOULD PROVIDE THAT
3 VIOLATIONS OF CITY ORDINANCES WOULD BE EITHER MISDEMEANORS OR
INFRACTIONS AND WOULD ELIMINATE THE MAXIMUM PENALTY THEREFOR AND
4 REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
5 BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
has been adopted by the Mayor
A. Resolution No.
and Common Council of the City of San Bernardino on this date,
, submitting to the electors of the City of
San Bernardino a proposed Charter Amendment, a copy of which is
attached hereto as Exhibit" A" and is hereby incorporated herein
as though fully set forth.
B. It is desirable that the special municipal election to
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consider said proposed Charter Amendment be consolidated with the
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general election conducted by the County of San Bernardino on
Tuesday, November 7, 1989; that within the City of San Bernardino
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the precincts, polling places and election officers for the two
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elections be the same; that the Board of Supervisors of the
County of San Bernardino canvass the returns of the City
election; and that the general election and the special municipal
election be held in all respects as if there were only one
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election.
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SECTION 2.
Special Municipal Election Called. A special
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municipal election is called and will be held in the City of San
Bernardino on Tuesday, November 7, 1989, for the purpose of
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submitting to the qualified electors of the City, for their
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June 23, 1989
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approval or disapproval, the proposed Charter Amendment set forth
in Exhibit "A" hereto.
SECTION 3.
Request for Consolidation of Elections.
Pursuant to Section 23302 of the 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 general election
to be held on Tuesday, November 7, 1989.
SECTION 4.
Measure.
The measure to be voted on at the
special municipal election as it is to appear on the ballot shall
be as follows:
MEASURE APPROVES A CHARTER
AMENDMENT TO PROVIDE THAT VIOLATIONS
OF CITY ORDINANCES SHALL BE EITHER
MISDEMEANORS OR INFRACTIONS AND TO
ELIMINATE THE MAXIMUM PENALTY THEREFOR.
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.
The Board of Supervisors of the County of San Bernardino is
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
the municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
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June 23, 1989
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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:
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A. The date of the election:
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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:
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C. That the last day for receipt of rebuttal arguments is
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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
13 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.
The special municipal
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SECTION 7.
Conduct of Election.
19 election called by this resolution shall be held in such
20 precincts and at such polling places as shall be determined by
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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.
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SECTION 8.
Filing of Resolution.
The City Clerk of the
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June 23, 1989
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City of San Bernardino is directed to file a certified copy of
this resolution with the Board of Supervisors of the County of
San Bernardino.
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 on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY~ 7 tL--
y Attorney
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June 23, 1989
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PROPOSED CHARTER AMENDMENT NO.
"(r) Fines and penalties.
Council shall have power to
impose fines, penalties and forfeitures for any and all
violations or ordinances, and for any breach or violation of
ordinances; to fix the penalty by fine or imprisonment, or both,
,ll,.t AS GUClIA. fiRe BAall GiUltil988 li"':8 A.1:lAa~aB dellaso (S:SQQ. 99), fl8E'
tke tgrm of ~ygb impr1ROAmQRt 8XS884 six (6) mSRtRB. The
violation of any lawful ordinance made by the Mayor and Common
Council shall constitute either a misdemeanor or an infraction,
as determined by the Council by ordinance, and shall be
prosecuted in the name of the people of the State of California."
Strike-outs - Language to be deleted.
Underlines - Language to be added.
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June 23, 1989
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EXHIBIT "A"
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1 ANALYSIS BY CITY ATTOR~EY
2 BACKGROUND
3 Currently Section 40(r) of the Charter provides that
4 violations of City ordinances are misdemeanors and imposes a
5 maximum penalty of five hundred dollars ($500.00). In 1974 State
6 law authorized such violations to be either misdemeanors or
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infractions as determined by the City.
In 1983 State law
8 authorized an increase in the maximum penalty from five hundred
9 dollars ($500.00) to one thousand dollars ($1,000.00). The City
10 cannot implement such changes without a Charter amendment.
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12 PROPOSAL
13 This measure would amend Section 40( r) of the Charter of
14 the City of San Bernardino to allow the Mayor and Common Council
15 to specify that violation of City ordinances would be either
16 misdemeanors or infractions and would delete the maximum penalty
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specified in the Charter.
The City would then be governed by
18 State law with regard to the maximum penalty which is now set at
19 one thousand dollars ($1,000.00) but which may be changed from
20 time to time.
21 If this measure is not approved, the violation of City
22 ordinances will be restricted to misdemeanors and the maximum
23 penal ty will be limited to five hundred dollars ($500.00).
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June 23, 1989
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