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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
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Subject: Discuss and take possible action relative
to the proposed Charter Amendment.
Dept: CITY ATTORNEY
Date: August 1,2001
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 salary of Council members.
B. Resolution of the City of San Bernardino submitting to the electors a proposed Charter
Amendment relating to salary of Council members; 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.
r
7-.~
Signature
Contact person: James F. Penman. City Attorney
Phone:
5255
All
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
Agenda Item No. 17 A & B
? /~ lOt
STAFF REPORT
Council Meeting Date: Au~ust 6. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
James F. Penman, City Attorney
August 1,2001
Item #17 A & B
Currently, Charter Section 24-A states as follows: "The Councilmen shall each receive an
annual salary of six hundred dollars ($600.00), payable monthly." This language has been in the
Charter, unchanged, since 1937.
Consistent with the rationale supporting the resolutions relative to the Mayor's salary which
were acted upon by the City Council at a prior meeting, the two resolutions concerning the annual
salary of Council members are structured in a similar fashion.
Information distributed previously to the Mayor and Common Council indicates that the
salary of a Superior Court Judge for the County of San Bernardino, as of January I, 200 I, was
$133,052.00. Eighteen percent (18%) of that figure would equate to $23,949.36, or $1,995.78 per
month. If approved by the voters, this salary adjustment would become effective on the first day that
the next Mayor is sworn into office in the year 2002. Thereafter, the annual salary would be adjusted
and implemented October I of each year at the same eighteen percent (18%) figure of the salary of
said Superior Court Judge then in effect on that October I date. The annual salary would be payable
in twelve (12) equal monthly installments.
It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended in
its entirety (strike-out version of current wording is shown first) to now read as follows:
Section 24-A. Salary of Council. Tl,e CBtll.eilmen shall ellch Icccoi ,co !II. IlrJltlal
salaf) Bf six htll,awi BBllfll's ($600.00), I'll) Ilble mBnthl). Effective on the first
day that the next Mayor is sworn into office in the year 2002, the annual salary
of each Council member shall be set at eighteen percent (18%) ofthe salary for
a Superior Court Judge, County of San Bernardino, State of California, as of
January 1, 2001. Thereafter, said annual salary shall be adjusted and
implemented October 1 of each year at the same eighteen percent (18%) figure
ofthe salary for said Superior Court Judge then in effect on said October 1 date.
The annual salary shall be payable in twelve (12) equal monthly installments.
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
3 SALARY OF COUNCIL MEMBERS
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. Recitals.
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(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
of San Bernardino for their approval or rejection at the consolidated municipal election to be held
on Tuesday, November 6, 2001.
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PROPOSED CHARTER AMENDMENT NO.
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It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended in
its entirety (strike-out version of current wording is shown first) so that the entire Section (shown
in bold type) would now read as follows:
Section 24-A. Salary of Council. The Celtll,eilmen ~helll <:etel. reed. <: elflllrul.t1ell
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~alfll) Bf 8ix ntlflaled deJlla:r~ ($600.00), I'tljablc n,5f1thl). Effective on the first day
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that the next Mayor is sworn into office in the year 2002, the annual salary of
each Council member shall be set at eighteen percent (18%) of the salary for a
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Superior Court Judge, County of San Bernardino, State of California, as of
January 1, 2001. Thereafter, said annual salary shall be adjusted and
implemented October 1 of each year at the same eighteen percent (18%) figure
of the salary for said Superior Court Judge then in effect on said October 1
date. The annual salary shall be payable in twelve (12) equal monthly
installments.
1
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
2 SALARY OF COUNCIL MEMBERS
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
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IS
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, 2001, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
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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
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF COUNCIL
3 MEMBERS; 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 have previously
14 requested by Resolution No. 2001-130 that the Board of Supervisors of the County of San
15 Bernardino consolidate the City's primary election with the election to be held on Tuesday,
16 November 6, 2001.
17 SECTION 3. Measure. The measure to be voted on at the consolidated primary election
18 as it is to appear on the ballot shall be as follows:
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MEASURE
. Approve a Charter Amendment to set
the annual salary of Council members at 18% of the salary For the Amendment
for a Superior Court Judge, County of San Bernardino,
State of California, which was in effect on January 1,2001,
thereafter adjusted and implemented October I of each year
to 18% of the salary for said Superior Court Judge then in Against the Amendment
effect on that October I date. The annual salary would be
received in twelve (12) equal monthly payments.
HTC/js [24ACHARTER.RES]
I
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF COUNCIL
MEMBERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE
3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
ANALYSIS.
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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 4. Canvass of Returns. Pursuant to Resolution No. 2001-130, the Registrar
of Voters of the County of San Bernardino has been authorized to canvass the returns of the
consolidated primary election and to conduct the consolidated primary election in all respects as
if there were only one election with only one form of ballot. Results of said 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
also include the text of the proposed Charter Amendment, in accordance with the Elections Code.
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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 No. 2001-130, the consolidated
primary election shall be held in such precincts and at such polling places as shall be determined
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by the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the
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County of San Bernardino has been requested to issue instructions to the Registrar of Voters to
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HTC/js [24ACHARTER.RES]
2
I
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF COUNCIL
MEMBERS; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO THE OFFICE
3 OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL
ANALYSIS.
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take all steps necessary for the holding of the consolidated election. The Mayor has been
authorized to execute a contract for the services necessary for conducting said municipal election.
SECTION 7. Filinj;! 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
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
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of preparation of an Impartial Analysis.
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HTC/js [24ACHARTER.RES] 3
I
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
2 ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO SALARY OF COUNCIL
MEMBERS; 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
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The foregoing Resolution is hereby approved this
day of
,2001.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN
City Attorney
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HTC/js [24ACHARTER.RES]
4
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
3 SALARY OF COUNCIL MEMBERS
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
6
SECTION I. Recitals.
7
(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.
8
9
10
II
SECTION 2. Submittal to Electors. The following proposed amendment set forth in bold
12
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
13
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on Tuesday, November 6, 2001.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 24-A of the Charter of the City of San Bernardino be amended in
its entirety (strike-out version of current wording is shown first) so that the entire Section (shown
in bold type) would now read as follows:
20
Section 24-A. Salary of Council. The C5tll.eilmell3nllll ellen leeei,e fIh fIll:Iltllll
31lllltJ 5f3ix htll'larecl cl51lar3 ($600.00), fl!l)llble m'llltnly. Effective on the first day
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that the next Mayor is sworn into office in the year 2002, the annual salary of
each Council member shall be set at eighteen percent (18%) of the salary for a
23
Superior Court Judge, County of San Bernardino, State of California, as of
24
January 1, 2001. Thereafter, said annual salary shall be adjusted and
implemented October 1 of each year at the same eighteen percent (18%) figure
of the salary for said Superior Court Judge then in effect on said October 1
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date. The annual salary shall be payable in twelve (12) equal monthly
installments.
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Exhibit A
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT TO THE CHARTER OF SAID CITY RELATING TO
2 SALARY OF COUNCIL MEMBERS
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
17
,2001, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
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Approved as to form and
22 legal content:
23 JAMES F. PENMAN,
City Attorney
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By:
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The foregoing Resolution is hereby approved this
day of
, 2001.
JUDITH V ALLES, Mayor
City of San Bernardino
2
Exhibit A