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HomeMy WebLinkAbout29-Council Office , . CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION From: Councilwoman Betty Dean Anderson, Sixth Ward Subject: Charter Amendment Dept. Council Office ORlCINAL Date: July 5,2001 Synopsis of Previous Council Action: Recommended Motion: To adopt resolutions. y~~- . Signature Contact Person: Councilwoman Betty Anderson Phone: 5378 Supporting Data Attached: yes Ward: FUNDING REQUIREMENTS: Amount: Source: fAcct. No.) fAcct. DescriDtion) Finance: Council Notes: Agenda Item No. )..97/9/#- , , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT At the meeting of the Mayor and Common Council held June 18, 2001, the Council approved a motion that the City Attorney's Office prepare the necessary documents related to placing a Charter Amendment on the November 6, 2001 ballot and that the matter be continued to July 9, 2001. The amendment would set the Mayor's salary at 70% of a trial judge's salary as of 1/1/01, to become effective at the beginning of the next term. In response to the motion approved by the Common Council on June 18, 2001, the City Attorney's Office has drafted the two resolutions needed for the proposed amendment of Section 24 of the Charter of the City of San Bernardino to appear on the ballot of the consolidated primary election to be held on Tuesday, November 6,2001. PROPOSED RESOLUTIONS ~ RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO SALARY OF MAYOR ~ RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF THE MAYOR, TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. RECOMMENDATION That the two proposed resolutions be adopted. C.ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Discuss and take possible action on the proposed Charter Amendment. r ~Pt: CITY ATTORNEY Date: May 17,2001 Synopsis of Previous Council action: None. Recommended motion: A. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to Restrictions on Officers. B. c Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to Restrictions on Officers; Transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. That said Resolutions be adopted. zl-- 7: f~- Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None at this time. Source: Finance: Council Notes: ",.-" Ag_It'mNO.~ '- '" . . c c r '-' STAFF REPORT Council Meeting Date: May 21. 2001 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: May 17, 2001 AGENDA ITEM: #30 During our first conversation following the November 2000 Special Municipal Election, Mayor Valles advised me that she was delegating future Charter Amendment proposals to the Office of the City Attorney. Currently, Charter Section 225 prohibits persons ". . . holding a salaried office of this City, . . ." from holding any other office . . . "under the govemment of the United States, or of this State, . . . ." Acceptance of any such office renders the City office vacant. There are three exceptions: "Notary Public, Court Commissioner, or an office in the National Guard. . ." None of these exceptions were full-time positions when this Charter was adopted. Because of this provision, City officials have not been able to accept appointments to, or serve on, part-time Federal or State Commissions and/or Committees. It is generally believed that service on such Commissions and Committees enures to the benefit of our City and its residents. In addition to the opportunity for contact with Federal and State policy makers and with influential citizens from other communities, such service by City officials works to increase our knowledge of funding and program opportunities available to the City at Federal and State levels. The proposed Charter Amendment maintains the prohibition against City officials accepting Federal and State offices but clarifies the language of Section 225 as not working a prohibition against City officials serving on part-time Federal and State Commissions or Committees. Respectfully submitted, JFP/dnIJFP,Rpt] MES F. PENMAN ity Attorney C I 2 3 4 5 6 7 8 9 10 11 12 r '- 16 17 18 19 20 21 22 23 24 25 26 .- 27 "-' 28 ~~~V , RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO RESTRICTIONS ON OFFICERS BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. 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 electors the Charter Amendment set forth below in bold type in this resolution. SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City 13 14 15 of San Bernardino for their approval or rejection at the consolidated municipal election to be held on Tuesday, November 6, 2001. PROPOSED CHARTER AMENDMENT NO. It is proposed that Section 225 of the Charter of the City of San Bernardino be amended by adding the additional sentence in bold type so that the entire Section would now read as follows: Section 225. Restrictions on Officers. No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the govemment of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full- time. I -- . I I""'" '- 2 3 4 5 6 7 8 9 10 II 12 r' ........ 16 17 18 19 20 21 22 23 24 25 26 ,~ 27 '-. 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO RESTRICTIONS ON OFFICERS BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. 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 electors the Charter Amendment set forth below in bold type in this resolution. SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold 13 type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or rejection at the consolidated municipal election to be held on Tuesday, November 6, 2001. 14 PROPOSED CHARTER AMENDMENT NO. 15 It is proposed that Section 225 of the Charter of the City of San Bernardino be amended by adding the additional sentence in bold type so that the entire Section would now read as follows: Section 225. Restrictions on Officers. No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the govemment of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full- time. HTC[AMENDMENT.RES] I .. ,- \0"".. ,-. '-. ,-... 27 '-. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO RESTRICTIONS ON OFFICERS 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meetin 5 thereof, held on the day of ,2001, by the following vote, to wit 6 COUNCIL MEMBERS: 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ II SUAREZ 12 ANDERSON 13 MCCAMMACK 14 15 16 17 18 AYES NAYS ABST AIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of , 2001. 19 20 21 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 25 26 28 HTC[AMENDMENT.RES] 2 .. I RESOLUTION NO. r ...... 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON 3 OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 4 ANALYSIS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 - 7 SECTION 1. Recital. 8 Resolution No. has been adopted by the Mayor and Common Council A. 9 of the City of San Bernardino on the date of ,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. SECTION 2. Req.uest for Consolidation of Elections. Pursuant to Section 10400 of the Elections Code, the Mayor and Common Council of the City of San Bernardino will request by Resolution that the Board of Supervisors of the County of San Bernardino consolidate the City's municipal primary election with the election to be held on Tuesday, November 6,2001. SECTION 3. Measure. The measure to be voted on at the consolidated municipal primary election as it is to appear on the ballot shall be as follows: MEASURE . Approve a Charter Amendment to permit City officials to be appointed to and serve on Federal For the Amendment or State Commissions or Committees providing such appointment and service is not full-time. 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 26 California. 27 SECTION 4. Canvass of Returns by Board of Supervisors. Pursuant to Resolution, the 28 Registrar of Voters of the County of San Bernardino will be authorized to canvass the returns of HTC/js [2CHARTER.RES] 1 #'.... L. 2 3 4 5 6 7 c ....... RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OmCE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. the consolidated municipal primary election and to conduct the consolidated municipal primary 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 I Bernardino. 8 9 10 11 12 13 14 15 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of the municipal election which shall contain the following: A. The date of the election and the hours the polls will be open. B. That the last day for receipt of primary arguments for or against the measure has been established as 5:00 p.m. on August 17, 2001 in the City Clerk's Office, Second Floor, City Hall, 300 North "D" Street, San Bernardino, California. C. That the last day for receipt ofrebuttal arguments is 5:00 p.m. on August 24,2001 in the City Clerk's office at the above location. 16 17 18 19 20 21 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall include the text of the proposed Charter Amendment, in accordance with the Elections Code. This notice may be combined with a notice of any other municipal election to be held on the same date. SECTION 6. Conduct of Election. Pursuant to Resolution, the consolidated municipal primary election shall be held in such precincts and at such polling places as shall be determined 22 23 by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County of San Bernardino will be requested to issue instructions to the Registrar of Voters to take 24 25 all steps necessary for the holding of the consolidated election. The Mayor will be authorized to execute a contract for the services necessary for conducting the municipal election. 26 27 SECTION 7. Filing 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 28 HTC/js [2CHARTER.RES] 2 r '- '- - I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE 3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 4 5 6 San Bernardino. SECTION 8. Transmission Of Proposed Charter Amendment. Pursuant to the State of California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all other necessary documents, to the Office of the City Attorney for purposes 7 8 of preparation of an Impartial Analysis. 9 1/1 10 III 11 1/1 12 III 13 III 14 11/ 15 1/1 16 1/1 17 III 18 III 19 1/1 20 III 21 III 22 III 23 III 24 III 25 1/1 26 III 27 III 28 HTC/js [2CHARTER.RES] 3 6 thereof, held on the day of 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 ,- MCCAMMACK ........ 15 16 17 18 19 20 21 22 Approved as to form and 23 legal content: 24 JAMES F. PENMAN City Attorney 25 26 By: L 1-. f~ 27 0 28 ~- HTC/js [2CHARTER,RES] 4 c I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE 3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meetin , 2001, by the following vote, to wit ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of ,2001. JUDITH V ALLES, Mayor City of San Bernardino I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO 3 SALARY OF MAYOR 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 SECTION 1. Recitals. (a) In accordance with the Constitution of the State of California, the City of San 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 electors the Charter Amendment set forth below in bold type in this resolution. SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or rejection at the consolidated municipal election to be held on Tuesday, November 6, 2001. Pl{OPOSED CHARTER AMENDMENT NO. It is proposed that Section 24 of the Charter of the City of San Bernardino be amended by substituting a new second sentence in bold type so that the entire Section would now read as follows: Section 24. Salary of Mayor. The Office of Mayor shall be a full time position and the incumbent shall not engage in any business, professional or occupational activities which interfere with the discharge of the duties of such office. Effective on the first day that the next Mayor is sworn into office in the year 2002, the salary of the Mayor shall be set at seventy percent (70%) of the salary for a Superior Court Judge, County of San Bernardino, State of California, as of January 1,2001, and shall thereafter be adjusted and implemented October 1 of each year at the same seventy percent (70%) figure of the salary for said Superior Court Judge then in effect on said October 1 date. I I RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO 2 SALARY OF MAYOR 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meetin 5 thereof, held on the day of 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ 11 SUAREZ 12 ANDERSON 13 MCCAMMACK 14 ,2001, by the following vote, to wit ABSTAIN ABSENT 15 16 17 18 19 20 21 CITY CLERK The foregoing Resolution is hereby approved this day of , 2001. JUDITH VALLES, Mayor City of San Bernardino Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 25 By: L 1-.~ () 26 27 28 2 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF MAYOR; 3 TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recital. A. Resolution No. has been adopted by the Mayor and Common Council of the City of San Bernardino on the date of ,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. SECTION 2. ReQJlest for Consolidation of Elections. Pursuant to Section 10400 of the Elections Code, the Mayor and Common Council of the City of San Bernardino have previously requested by Resolution No. 2001-130 that the Board of Supervisors of the County of San Bernardino consolidate the City's primary election with the election to be held on Tuesday, November 6, 2001. SECTION 3. Measure. The measure to be voted on at the consolidated primary election as it is to appear on the ballot shall be as follows: MEASURE . Approve a Charter Amendment to set the salary of the next Mayor at 70% of the salary for a For the Amendment Superior Court Judge, County of San Bernardino, State of California, which was in effect on January 1, 2001, Against the Amendment thereafter adjusted and implemented October I of each year to 70% of the salary for said Superior Court Judge then in effect on that October 1 date. 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 HTC/js [3CHARTERRES] I 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF MAYOR; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE 3 CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS 4 California. 5 SECTION 4. Canvass of Returns. Pursuant to Resolution No. 2001-130, the Registrar 6 of Voters of the County of San Bernardino has been authorized to canvass the returns of the 7 consolidated primary election and to conduct the consolidated primary election in all respects as 8 if there were only one election with only one form of ballot. Results of said municipal election 9 shall be certified to the Mayor and Common Council of the City of San Bernardino. 10 SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice II of the municipal election which shall contain the following: 12 13 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 14 been established as 5:00 p.m. on August 17, 2001 in the City Clerk's Office, Second Floor, City 15 Hall, 300 North "D" Street, San Bernardino, California. 16 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 24, 2001 17 in the City Clerk's office at the above location. 18 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall 19 also include the text of the proposed Charter Amendment, in accordance with the Elections Code. 20 This notice may be combined with a notice of any other municipal election to be held on 21 the same date. 22 SECTION 6. Conduct of Election. PursuanttoResolutionNo. 2001-130, the consolidated 23 primary election shall be held in such precincts and at such polling places as shall be determined 24 by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the 25 County of San Bernardino has been requested to issue instructions to the Registrar of Voters to 26 take all steps necessary for the holding of the consolidated election. The Mayor has been 27 authorized to execute a contract for the services necessary for conducting said municipal election. 28 I I I HTCljs [3CHARTER.RES] 2 I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF MAYOR; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE 3 CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS 4 SECTION 7. Filin~ of Resolution. The City Clerk of the City of San Bernardino is 5 directed to file a certified copy of this resolution with the Board of Supervisors of the County of 6 San Bernardino. 7 SECTION 8. Transmission of Proposed Charter Amendment. Pursuant to the State of 8 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 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III HTC/js [3CHARTERRESj 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF MAYOR; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE 3 CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meetin 6 thereof, held on the day of 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 LIEN 10 MCGINNIS 11 SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 , 2001, by the following vote, to wit ABSTAIN ABSENT CITY CLERK 17 18 19 20 21 The foregoing Resolution is hereby approved this day of , 200 1. JUDITH V ALLES, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN 24 City Attorney 25 26 BY:~ f. ~ 27 0 28 HTC/js [3CHARTER.RES] 4 .. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Discuss and take possible action on the proposed Charter Amendment. Dept: CITY ATTORNEY OR""" r~r'L U\"lilvn Date: May 17,2001 Synopsis of Previous Council action: None. Recommended motion: A. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to Restrictions on Officers. B. Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to Restrictions on Officers; Transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. That said Resolutions be adopted. -J- [;.,f:;- Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Reoort Ward: All FUNDING REQUIREMENTS: Amount: None at this time. Source: Finance: Council Notes: Agenda Item No. sJJ./IOJ 30 STAFF REPORT Council Meeting Date: May 21. 2001 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: May 17, 2001 AGENDA ITEM: #30 During our first conversation following the November 2000 Special Municipal Election, Mayor Valles advised me that she was delegating future Charter Amendment proposals to the Office of the City Attorney. Currently, Charter Section 225 prohibits persons ". . . holding a salaried office of this City, . . ." from holding any other office .. ."under the government of the United States, or of this State, . . . ." Acceptance of any such office renders the City office vacant. There are three exceptions: "Notary Public, Court Commissioner, or an office in the National Guard. . ." None of these exceptions were full-time positions when this Charter was adopted. Because of this provision, City officials have not been able to accept appointments to, or serve on, part-time Federal or State Commissions andlor Committees. It is generally believed that service on such Commissions and Committees enures to the benefit of our City and its residents. In addition to the opportunity for contact with Federal and State policy makers and with influential citizens from other communities, such service by City officials works to increase our knowledge of funding and program opportunities available to the City at Federal and State levels. The proposed Charter Amendment maintains the prohibition against City officials accepting Federal and State offices but clarifies the language of Section 225 as not working a prohibition against City officials serving on part-time Federal and State Commissions or Committees. Respectfully submitted, JFP/dn[JFP.Rpt] MES F. PENMAN ity Attorney I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO 3 RESTRICTIONS ON OFFICERS 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 SECTION 1. Recitals. (a) In accordance with the Constitution of the State of California, the City of San 8 9 10 11 12 13 14 15 16 17 18 19 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 electors the Charter Amendment set forth below in bold type in this resolution. SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold type to the Charter of the City of San Bernardino is submitted to the qualified electors of the City of San Bernardino for their approval or rejection at the consolidated municipal election to be held on Tuesday, November 6,2001. PROPOSED CHARTER AMENDMENT NO. It is proposed that Section 225 of the Charter of the City of San Bernardino be amended by 20 adding the additional sentence in bold type so that the entire Section would now read as follows: Section 225. Restrictions on Officers. No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the government of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full- time. 21 22 23 24 25 26 27 28 HTC[AMENDMENT.RES] I I RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO 2 RESTRICTIONS ON OFFICERS 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meetin 5 thereof, held on the day of 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ II SUAREZ 12 ANDERSON 13 MCCAMMACK 14 15 16 ,2001, by the following vote, to wit ABSTAIN ABSENT CITY CLERK 17 18 The foregoing Resolution is hereby approved this day of , 2001. 19 20 21 Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 25 Bef- l. f~ 26 27 28 HTC[AMENDMENT.RES] 2 JUDITH V ALLES, Mayor City of San Bernardino I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON 3 OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 4 ANALYSIS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Recital. 8 A. Resolution No. has been adopted by the Mayor and Common Council 9 of the City of San Bernardino on the date of ,submitting to the electors of the 10 City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as II Exhibit A and is hereby incorporated herein as though fully set forth. 12 SECTION 2. Request for Consolidation of Elections. Pursuant to Section 10400 of the 13 Elections Code, the Mayor and Common Council of the City of San Bernardino will request by 14 Resolution that the Board of Supervisors of the County of San Bernardino consolidate the City's 15 municipal primary election with the election to be held on Tuesday, November 6, 2001. 16 SECTION 3. Measure. The measure to be voted on at the consolidated municipal primary 17 election as it is to appear on the ballot shall be as follows: 18 19 20 21 22 23 MEASURE . Approve a Charter Amendment to permit City officials to be appointed to and serve on Federal For the Amendment or State Commissions or Committees providing such appointment and service is not full-time. Against the Amendment 24 The measure shall be designated on the ballot by a letter printed on the left margin of the 25 square containing the description of the measure as provided in the Elections Code of the State of 26 California. 27 SECTION 4. Canvass of Returns by Board of Su.pervisors. Pursuant to Resolution, the 28 Registrar of Voters of the County of San Bernardino will be authorized to canvass the returns of HTC/js [2CHARTERRES] I I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE 3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 the consolidated municipal primary election and to conduct the consolidated municipal primary 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. SECTION 5. Notice of Election. The City Clerk is hereby directed to publish a notice of the municipal election which shall contain the following: A. The date of the election and the hours the polls will be open. B. That the last day for receipt of primary arguments for or against the measure has been established as 5:00 p.m. on August 17, 2001 in the City Clerk's Office, Second Floor, City Hall, 300 North "D" Street, San Bernardino, California. C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 24, 2001 in the City Clerk's office at the above location. The City Clerk is directed to accept arguments and arrange for sample ballots, which shall include the text of the proposed Charter Amendment, in accordance with the Elections Code. This notice may be combined with a notice of any other municipal election to be held on the same date. SECTION 6. Conduct of Election. Pursuant to Resolution, the consolidated municipal primary election shall be held in such precincts and at such polling places as shall be determined by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the County of San Bernardino will be requested to issue instructions to the Registrar of Voters to take 24 all steps necessary for the holding of the consolidated election. The Mayor will be authorized to 25 execute a contract for the services necessary for conducting the municipal election. 26 27 SECTION 7. Filing 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 28 HTC/js [2CHARTER.RES] 2 I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE 3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 4 5 6 7 San Bernardino. SECTION 8. Transmission Of Proposed Charter Amendment. Pursuant to the State of California Elections Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all other necessary documents, to the Office of the City Attorney for purposes 8 of preparation of an Impartial Analysis. 9 III 10 III II III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 HTC/js [2CHARTERRES] 3 I RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE 2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO RESTRICTIONS ON OFFICERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE 3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meetin ,2001, by the following vote, to wit ABSTAIN ABSENT CITY CLERK 19 20 21 22 Approved as to form and 23 legal content: 24 JAMES F. PENMAN City Attorney 25 26 By: L 1-. f~ 27 0 28 HTC/js [2CHARTER.RES] 4 The foregoing Resolution is hereby approved this day of , 200 1. JUDITH V ALLES, Mayor City of San Bernardino , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): If -9 -() \ Item # Vote: Ayes 1-'[ Nays-0' Change to motion to amend original documents: '25=) A Resolution # Z CO \ - 223 Abstain -e- Absent ..e- Com PAn ION ~o '2b::l1- 221 Reso. # On Attachments: - Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: Null/Void After: Date Sent to Mayor: Date of Mayor's Signature: Date ofClerk/CDC Signature: '1~\O-O\ '-\;)-(;)1 -'-\d-<o'\ Reso. Log Updated: Seal Impressed: ,/ ,/ Date MemolLetter i nature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: hed: See Attached: Date Returned: - Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes -.L.. No By Yes No -L- By Yes No~ By Yes No Y By Yes N07 By_ Copies Distributed to: City Attorney ,,/ Code Compliance Dev. Services EDA Finance MIS Parks & Rec. Police Public Services Water Others: (' Ou (\ c., L- Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: r"rrf Date: \- \3 -ij I Revised 01112/01 ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 'i -'1-0 I Vote: Ayes \-') Nays Change to motioo to amend original documents: Item# 7.'1b -B-- Abstain Resolution # -Z ()() \ - ZZ 4- -EJ---- Absent-G.- Cbrr\PPrn,()('I Q.BS() 2~l-243 Reso. # On Attachments: - Contract term: - Note on Resolution of Attachment stored separately:-=- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By: NulllVoid After: Date Sent to Mayor: (- \ 0- 0 \ Date of Mayor's Signature: J- \ ';)-c:, I , Date of ClerklCDC Signature: "1- \ ';) -6 \ Reso. Log Updated: ,./ Seal Impressed: ..-- 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ee Attached: See Attached: Date Returned: - Date MemolL i nature: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes--.L' No By Yes No ./ By Yes No ./ By - Yes No V By Yes No / By_ - Copies Distributed to: City Attorney ,,/' Parks & Rec. Code Compliance Dev. Services EDA Finance Others: (00 nO L- MIS Police Public Services Water Notes: c.BL"Dfim L61'i Th ~(\~ G()p.\).O CF C,Ltf'tI2U1MRS ~\Z""'LI'<iL C0f'" \U LEGl'iWfloL cF 0o-m2J \ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.l Ready to File: IVY, Date: I-I 'is -01 Revised 0 I II 2/0 I