HomeMy WebLinkAboutNB01-City Attorney
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OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO'01 l'liG
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.JAMES F. PENMAN
CITY ATTORNEY
August 17,2001
HAND DELIVERED
Mr. John C. Nolan, Esq.
Gresham, Savage, Nolan & Tilden, LLP
600 N. Arrowhead Avenue, Suite 300
San Bernardino, CA 92401-1148
RE: Independent Review ofImpartial Analysis Prepared by City Attorney
on Measure "I" amending Section 241 of San Bernardino City Charter
Dear Mr. Nolan:
This letter will confirm in writing your telephone conversation with this office yesterday and
our sending to you the impartial analysis prepared by the City Attorney on the above-referenced
Measure amending Section 241 ofthe San Bernardino City Charter.
California Elections Code ~9280 states in relevant part as follows:
"~9280. Preparation of impartial analysis of measure by city attorney
. . . The city attorney shall prepare an impartial analysis of the measure
showing the effect of the measure on the existing law and the operation
of the measure. If the measure affects the organization or salaries of the
office of the city attorney, the governing board may direct the city elections
official to prepare the impartial analysis. . . ."
In July of this year, the Mayor and Common Council adopted Resolution No. 2001-242
entitled "RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO EMPLOYMENT OF
LEGAL COUNSEL; TRANSMISSION OF THE PROPOSED CHARTER AMENDMENT TO
THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN
IMPARTIAL ANALYSIS."
Therefore, in accordance with State of California elections laws and at the direction of the
300 NORTH "0" STREET. SAN BERNARDINO, CA 92418-0001 . (909) 384-5355. FAX (909) 384-5238
N~L_'n'
Mayor and Common Council, this office has prepared an impartial analysis on what will be
designated on the November ballot as Measure "I".
However, even though it is not required, since the Measure does involve employment of
outside legal counsel upon the prior approval of the City Attorney, we are seeking a independent
review from you to determine the impartiality of the proposed analysis.
You and your firm were selected because the Mayor and Council chose your firm last year
to prepare the impartial analysis on Measure "M" which proposed an entire new charter for the City.
Additionally, by letter dated August 9, 2000, your firm prepared and submitted to the Mayor and the
City Attorney an analysis of Section 241 of the Charter, the same section proposed for amendment
by this Measure. Therefore, you are already familiar with the legal issues involved.
Please advise the City Clerk of your conclusions once you have completed your review.
Thank you.
cc: Mayor
Council members
City Clerk
GRESHAM, SA V AGE, NOLAN & TILDEN, LLP
A REGISTERED LIMIlED LIABR.fIY PARlNERSHlP
LAWYERS. FOUNDED 1910
FOR THE FIRM
Jebn C. N......
IEm.il:jaDl.~-law.com
600 N. ARROWHEAD AVENUE. SUITE 300
SAN BERNARDINO, CALIFORNIA 92401-1148
(909) ''',2171 . FACS\MI!4<9i>>) "'-2120
www.gresbalnSavagc.com
WlLLIAM GlJIHIUE (I116-1M7)
DONAW w. JORDAN (1907-19111)
JOHN B. LONERGAN (RETIRED 1976)
August 1 ~,1200{ 17
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HAND DELIVERED
Rachel G. Clark, C.M.C.
City Clerk
City of San Bernardino
City Hall
300 North "D" Street
San Bernardino, CA 92418
Re: Analysis of Measure "I" relating to Proposed Amendment to City Charter
Dear Ms. Clark:
This law firm has been requested by the City Attorney to review the "Impartial Analysis
by City Attorney" and express our opinion about its accuracy and completeness.
Having now reviewed the proposed language changes to Section 241 of the City Charter,
and comparing them to the City Attorney's "Impartial Analysis", we find nothing in that
Analysis that we believe to be either incorrect or misleading. Accordingly, we believe it to be a
fair and impartial presentation and analysis of the proposed change.
If you have any questions regarding this matter, please feel free to contact the
undersigned.
Very truly yours,
c . -?? l5't7,a .. _J
ohn C. Nolan of
GRESHAM, SA V AGE,
NOLAN & TILDEN, LLP
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cc: Mayor Judith Valles
Councilmember Esther R. Estrada (1st Ward)
Councilmember Susan Lien (2nd Ward)
Councilmember Gordon McGinnis (3rd Ward)
Councilmember Frank E. Schnetz (4th Ward)
Councilmember Joe Suarez (5th Ward)
Councilmember Betty Dean Anderson (6th Ward)
Councilmember Wendy McCarnmack (7th Ward)
James F. Penman, City Attorney
Rivel1iide Office. 3403 Tenth Stree~ Suite 518, Rivel1iide, CA 92501. (909) 684,2171. Facsimile (909) 684-2150
Victorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392. (760) 243-2889 . Facsimile (760) 243-0467
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