HomeMy WebLinkAbout10.A- City Clerk Review 10.A
RESOLUTION (ID #4613) DOC ID: 4613 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Election
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 08/15/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Review Ward(s): All
Subject:
Allignment of City Election Resolutions to County Standards
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolutions.
Summary of Previous Action
On August 4, 2016, the MCC passed:
RES. 2016-170 - Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Municipal Election on a New Proposed Charter and
Requesting that Said City of San Bernardino's Special Municipal Election be
Consolidated with the November 8, 2016 Statewide General Election Conducted by the
County of San Bernardino;
On August 1, 2016, the MCC passed:
RES. 2016-167 - Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Election for the Purpose of Considering the San
Bernardino Medical Cannabis Restrictions and Limitations Act, Requesting that the
Special Election be Consolidated with the Presidential General Election Conducted on
November 8, 2016 and Authorizing the Expenditure of Funds for the Election;
RES. 2016-168 - Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Election for the Purpose of Considering the San
Bernardino Regulate Marijuana Act of 2016, Requesting that the Special Election be
Consolidated with the Presidential General Election Conducted on November 8, 2016
and Authorizing the Expenditure of Funds for the Election; and
RES. 2016-169 - Resolution of the Mayor and Common Council of the City of San
Bernardino Ordering the Submission of a Proposed Initiative Measure to the Electors of
Said City at a Special Election to be Consolidated with the Presidential Election of
Updated: 8/11/2016 by Linda Sutherland A I Packet Pg. 225
10.A
4613
November 8, 2016.
Background
Each of the resolutions referenced above are scheduled to be placed on the November
8, 2016 ballot. The City Clerk submitted the approved resolutions to the Registrar of
Voters on Monday, August 8. On Tuesday, the ROV called the City Clerk's Office to
clarify that the resolutions did not have the correct language that is required by San
Bernardino County to be in a resolution seeking an election.
Specifically, each resolution must call the election, Ask to consolidate it with the state
and federal election, present the question that will be before the voters in a manner that
can be answered either yes or no; and authorize the payment of the bill for each
election.
This item updates each of the attached resolutions to include each of those items.
City Attorney Review:
Supporting Documents:
Proposed Charter Special Election Reso- Revised 8-11-16 (DOC)
Chapter 5.05 Ballot Initiative Reso Revised 8-11-16 (DOC)
Guzman Initiative Resolution Revised 8-11-16 (DOC)
Redmon Initiative Resolution Revised 8-11-16 (DOC)
Updated: 8/11/2016 by Linda Sutherland A Packet Pg.226
10.A.a
1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN CO
3 BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW
4 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN c00
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH
5 THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
6 THE COUNTY OF SAN BERNARDINO.
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: _
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9 SECTION 1. Recitals.
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10 a) In accordance with the Constitution of the State of California, the City of San v
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11 Bernardino, a municipal corporation, has adopted a Charter.
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b) The Mayor and Common Council of the City of San Bernardino desire to submit a
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new Proposed Charter to the electors.
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15 SECTION 2. Special Municipal Election Called. A special municipal election is W
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16 hereby called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, 0b
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17 for the purpose of submitting to the qualified electors of the City, for their approval or
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disapproval, the new Proposed Charter as set forth in Exhibit"A" attached hereto.
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2 o SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the o
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21 California Elections Code, the Mayor and Common Council of the City of San Bernardino w
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22 request that the Board of Supervisors of the County of San Bernardino consolidate the City's a,
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special municipal election with the statewide general election to be held on November 8, 2016.
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The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 0
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26 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall o
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27 be closed, except as provided in Section 14401 of the California Elections Code.
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1 SECTION 4. Measure. The measure to be voted on at the consolidated special
municipal election as it is to appear on the ballot shall be as follows:
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MEASURE Should the City of San
4 Bernardino adopt the new Charter. Yes �°�
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6 No
The measure shall be designated on the ballot by a letter printed on the left margin of 0
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8 the square containing the description of the measure as provided in the California Elections o
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10 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San 3
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Bernardino is hereby authorized to canvas the returns of the special municipal election in all E
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13 respects as if there were only one election with only one form of ballot. Results of said special Q
14 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
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15 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice
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of the special municipal election which shall contain the following:
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A. The date of the election;
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19 B. The hours the polls will be open; U)
20 C. That the last day for receipt of primary arguments for or against the measure has
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21 been established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second w
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Floor, City Hall, 300 North "D" Street, San Bernardino, California; rn
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24 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
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25 in the City Clerk's Office at the above location.
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26 The City Clerk is directed to make arrangements to accept arguments and to arrange for a
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1 sample ballots, which shall include the text of the proposed Charter, in accordance with the
2 California Elections Code. This notice may be combined with a notice of any other municipal
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election to be held on the same date.
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SECTION 7. Conduct of Election. The special municipal election so called shall be w
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6 held in such precincts and at such polling places as shall be determined by the Registrar of °-
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7 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
8 Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
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necessary for the holding of the consolidated election. The City Manager is hereby authorized a'
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11 to execute a contract for services necessary for conducting the special municipal election. The °
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13 reasons of this consolidation and agrees to reimburse the County for any such costs. Q
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SECTION 8. Filin, of Resolution. The City Clerk of the City of San Bernardino is
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directed to file a certified copy of this Resolution with the Board of Supervisors of the County
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17 of San Bernardino and to file a copy of this Resolution with the Registrar of Voters. N
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18 SECTION 9. Transmission of Proposed Charter. Pursuant to the California Elections
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Code, the City Clerk is hereby directed to transmit a copy of the Charter Ballot Measure, and all
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21 other necessary documents, to Outside Counsel for purposes of preparation of an Impartial w
22 Analysis.
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23 SECTION 10. That the City Clerk is authorized to expend the funds necessary to
24 effectuate the purposes of this resolution. U
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SECTION 11. CEQA. The Mayor and Common Council of the City of San a
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Bernardino hereby find that the submission of this ballot measure to the voters is covered by the a.
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28 general rule that CEQA applies only to projects which have the potential for causing a s
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1 significant effect on the environment. It can be seen with certainty that there is no possibility o
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subject to CEQA under State CEQA Guidelines sec. 15061(b)(3).
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10.A.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2
BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION ON A NEW a
2 PROPOSED CHARTER AND REQUESTING THAT SAID CITY OF SAN
3 BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH CO)
THE NOVEMBER 8, 2016 STATEWIDE GENERAL ELECTION CONDUCTED BY
4 THE COUNTY OF SAN BERNARDINO. 0
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and °-
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7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
8 4th day of August, 2016, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ 0
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12 BARRIOS
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20 Georgeann Hanna, City Clerk o
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21 The foregoing Resolution is hereby approved this day of , 2016. w
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R. Carey Davis, Mayor
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25 Approved as to form:
Gary D. Saenz, City Attorney o
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RESOLUTION NO. y
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDERING THE SUBMISSION OF A PROPOSED INITIATIVE _
3 MEASURE TO THE ELECTORS OF SAID CITY AT A SPECIAL ELECTION TO BE n
4 CONSOLIDATED WITH THE PRESIDENTIAL ELECTION OF NOVEMBER 8,2016 =
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5 WHEREAS,there is scheduled a statewide Presidential Election for November 8,2016; and c
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WHEREAS,on July 5, 2016 the Mayor and Common Council requested that the City o
7 Attorney prepare a marijuana regulatory ordinance for consideration at the meeting of August 1,
2016; and �°,
9 WHEREAS,pursuant to authority provided by Elections Code Section 9222 and the Charter o
of the City of San Bernardino,the Mayor and Common Council desires to submit to the qualified
10 electors of said City an initiative measure proposing to replace Chapter 5.05 and repeal Section W
l 9.06.026 of the San Bernardino Municipal Code relating to commercial marijuana activities; and
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
12 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: E
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SECTION 1. That pursuant to Elections Code 9222 and the Charter of the City of San Q
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15 Bernardino, it is hereby ordered that the following initiative measure proposing to replace
16 Chapter 5.05 and repeal Section 19.06.026 of the San Bernardino Municipal Code be submitted
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17 to the qualified electors of said City at a Special Election to be consolidated with the Presidential
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Election of November 8, 2016.
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SECTION 2. Special Municipal Election Called. A special municipal election is hereby
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21 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the m
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22 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the c
23 new Marijuana Regulatory Ordinance as set forth in Exhibit"A" attached hereto. m Ln
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SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
25
26 California Elections Code, the Mayor and Common Council of the City of San Bernardino
27 request that the Board of Supervisors of the County of San Bernardino consolidate the City's E
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28 special municipal election with the statewide general election to be held on November 8, 2016.
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FPacket Pg. 232
10.A.b
1 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
2 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
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closed, except as provided in Section 14401 of the California Elections Code.
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5 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution 0
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6 and is incorporated herein by this reference. Said measure shall appear upon the ballots for said
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7 Special Election in substantially the following form: o
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MEASURE_ YES NO =
9 COMMERCIAL MARIJUANA ACTIVITY.
Shall San Bernardino Municipal Code Chapter 5.05 w
10 and Section 19.06.026, which prohibit the sale, U,
11 possession, cultivation, use, and/or distribution of
marijuana be replaced and repealed and allow the 0
12 City of San Bernardino to regulate commercial m
marijuana activity? c
13 The measure shall be designated on the ballot by a letter printed on the left margin of the 2M
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square containing the description of the measure as provided in the California Elections Code.
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16 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
17 Bernardino is hereby authorized to canvas the returns of the special municipal election in all o0
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18 respects as if there were only one election with only one form of ballot. Results of said special Ah
19 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
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21 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
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22 the special municipal election which shall contain the following:
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23 A. The date of the election; m
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24 B. The hours the polls will be open; LO
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C. That the last day for receipt of primary arguments for or against the measure has been
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27 established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
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28 City Hall, 300 North "D" Street, San Bernardino, California;
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10.A.b
1 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
2 in the City Clerk's Office at the above location.
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The City Clerk is directed to make arrangements to accept arguments and to arrange for
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5 sample ballots, which shall include the text of the proposed Charter, in accordance with the 0
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6 California Elections Code. This notice may be combined with a notice of any other municipal
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7 election to be held on the same date. 0
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SECTION 7. Conduct of Election. The special municipal election so called shall be held
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in such precincts and at such polling places as shall be determined by the Registrar of Voters of w
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11 the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
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12 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
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13 holding of the consolidated election. The City Manager is hereby authorized to execute a
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contract for services necessary for conducting the special municipal election. The City of San
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Bernardino recognizes that additional costs will be incurred by the County by reasons of this
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17 consolidation and agrees to reimburse the County for any such costs. C;
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18 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is a
19 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of 0
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San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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22 SECTION 9. Transmission of Ballot Measure. Pursuant to the California Elections
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23 Code, the City Clerk is hereby directed to transmit a copy of the Marijuana Regulatory Ordinance m
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24 Ballot Measure, and all other necessary documents, to the City Attorney for purposes of
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preparation of an Impartial Analysis. v
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27 SECTION 10. That the City Clerk is authorized to expend the funds necessary to
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2 SECTION 11. CEQA. The Mayor and Common Council of the City of San
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Bernardino hereby find that the submission of this ballot measure to the voters is covered by the `n
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5 general rule that CEQA applies only to projects which have the potential for causing a significant 0
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6 effect on the environment. It can be seen with certainty that there is no possibility that this project
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7 may have a significant effect on the environment, therefore, the activity is not subject to CEQA o
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDERING THE SUBMISSION OF A PROPOSED INITIATIVE
2 MEASURE TO THE ELECTORS OF SAID CITY AT A SPECIAL ELECTION TO BE
3 CONSOLIDATED WITH THE PRESIDENTIAL ELECTION OF NOVEMBER 8,2016
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a meeting thereof, held on the 0
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day of , 2016, by the following vote, to wit: °
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e Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ °
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19 The foregoing Resolution is hereby approved this day of , 2016.
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22 R. Carey Davis, Mayor
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23 Approved as to form: m
Gary D. Saenz, City Attorney R
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
3
CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016,
4 REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE Cn
PRESIDENTIAL GENERAL ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
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5 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION. o
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6 WHEREAS,on April 6, 2016 Vincent Guzman("Proponent"), a resident of the City of San 0
7 Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit"A" and g
incorporated herein by this reference, with the City Clerk for the San Bernardino Regulate Marijuana
8 Act of 2016 (the "Initiative"); and
9 WHEREAS,on April 21, 2016 the City Attorney transmitted to the City Clerk a Ballot Title 0
10 and Summary, attached hereto as Exhibit`B"and incorporated herein by this reference; and
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11 WHEREAS,on June 8, 2016 the Proponent turned in signed petitions to the City Clerk for
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certification; and,
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13 WHEREAS,the City Clerk, having reviewed the signatures, has issued her certification that E
the petition has the number of signatures required to submit an initiative to the Mayor and Common rn
14 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and q
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15 WHEREAS,the Mayor and Common Council, having reviewed the initiative,has decided to
16 submit the issue directly to the voters instead of adopting the measure without alteration.
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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19 SECTION 1. That the recitals and findings set forth above are hereby adopted by this
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20 reference.
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SECTION 2. That the San Bernardino Regulate Marijuana Act of 2016 shall be
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submitted to the voters at a Special Election.
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24 SECTION 3. Special Municipal Election Called. A special municipal election is hereby
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25 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
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purpose of submitting to the qualified electors of the City, for their approval or disapproval, the E
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San Bernardino Regulate Marijuana Act of 2016 as set forth in Exhibit"A" attached hereto.
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1 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
2 California Elections Code, the Mayor and Common Council of the City of San Bernardino 10
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request that the Board of Supervisors of the County of San Bernardino consolidate the City's
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special municipal election with the statewide general election to be held on November 8, 2016.
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6 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall o
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7 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
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8 closed, except as provided in Section 14401 of the California Elections Code. a
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SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution
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11 and is incorporated herein by this reference. Said measure shall appear upon the ballots for said
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12 Special Election in substantially the following form: °
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13 MEASURE YES NO
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14 COMMERCIAL MARIJUANA ACTIVITY.
Shall the San Bernardino Regulate Marijuana Act
15 of 2016 be enacted in the City of San Bernardino?
16
The measure shall be designated on the ballot by a letter printed on the left margin of the
17 square containing the description of the measure as provided in the California Elections Code.
18 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San N
19 a'
Bernardino is hereby authorized to canvas the returns of the special municipal election in all
20 0
21 respects as if there were only one election with only one form of ballot. Results of said special 0
22 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
23 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of c
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24 the special municipal election which shall contain the following: E
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A. The date of the election;
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2 B. The hours the polls will be open;
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1 C. That the last day for receipt of primary arguments for or against the measure has been
2 established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor,
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City Hall, 300 North "D" Street, San Bernardino, California; a
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D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016
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6 in the City Clerk's Office at the above location. o
7 The City Clerk is directed to make arrangements to accept arguments and to arrange for
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8 sample ballots, which shall include the text of the San Bernardino Regulate Marijuana Act of
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2016, in accordance with the California Elections Code. This notice may be combined with a
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11 notice of any other municipal election to be held on the same date.
12 SECTION 7. Conduct of Election. The special municipal election so called shall be held °
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13 in such precincts and at such polling places as shall be determined by the Registrar of Voters of
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the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
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hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
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17 holding of the consolidated election. The City Manager is hereby authorized to execute a
18 contract for services necessary for conducting the special municipal election. The City of San y
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Bernardino recognizes that additional costs will be incurred by the County by reasons of this
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consolidation and agrees to reimburse the County for any such costs. c
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22 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
23 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
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24 San Bernardino and to file a copy of this Resolution with the Registrar of Voters. E
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SECTION 9. Transmission of Ballot Initiative. Pursuant to the California Elections
26
27 Code, the City Clerk is hereby directed to transmit a copy of the San Bernardino Regulate
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1 Marijuana Act of 2016 Ballot Initiative, and all other necessary documents, to the City Attorney
2 for purposes of preparation of an Impartial Analysis. a
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SECTION 10. That the City Clerk is authorized to expend the funds necessary to
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effectuate the purposes of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
2 CONSIDERING THE SAN BERNARDINO REGULATE MARIJUANA ACT OF 2016, "o
3 REQUESTING THAT THE SPECIAL ELECTION BE CONSOLIDATED WITH THE
PRESIDENTIAL PRIMARY ELECTION CONDUCTED ON NOVEMBER 8, 2016 AND
4 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ELECTION. ,
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and U
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Common Council of the City of San Bernardino at a meeting thereof, held on the r-
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8 day of , 2016, by the following vote, to wit: y
9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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14 SHORETT '
15 NICKEL
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Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2016. o
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23 R. Carey Davis, Mayor :tl
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City of San Bernardino
24 Approved as to form: E
25 Gary D. Saenz, City Attorney
26 By: E
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10.A.d
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN .�
BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
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CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS
4 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE CO)
CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED
5 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR o
6 THE ELECTION. 0
7 WHEREAS,on June 14,2016 Kathrine Redmon("Proponent"), a resident of the City of San
Bernardino, filed a Notice of Intent to Circulate a Petition, attached hereto as Exhibit"A" and o
8 incorporated herein by this reference,with the City Clerk for the San Bernardino Medical Cannabis
9 Restrictions and Limitations Act (the "Initiative"); and
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10 WHEREAS,on June 27, 2016 the City Attorney transmitted to the City Clerk a Ballot Title d
and Summary, attached hereto as Exhibit"B" and incorporated herein by this reference; and U.
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12 WHEREAS,on July 25, 2016 the Proponent turned in signed petitions to the City Clerk for o
certification; and, c
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WHEREAS,the City Clerk,having reviewed the signatures, has issued her certification that
14 the petition has the number of signatures required to submit an initiative to the Mayor and Common
15 Council pursuant to Section 120 of the Charter of the City of San Bernardino; and
16 WHEREAS,the Mayor and Common Council, having reviewed the initiative,has decided to
submit the issue directly to the voters instead of adopting the measure without alteration.
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18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the recitals and findings set forth above are hereby adopted and o
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21 incorporated herein by this reference. 0
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22 SECTION 2. That the San Bernardino Medical Cannabis Restrictions and Limitations Act
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23 shall be submitted to the voters at a Special Election. c
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SECTION 3. Special Municipal Election Called. A special municipal election is hereby E
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26 called and will be held in the City of San Bernardino on Tuesday, November 8, 2016, for the
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27 purpose of submitting to the qualified electors of the City, for their approval or disapproval, the
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1 San Bernardino Medical Cannabis Restrictions and Limitations Act as set forth in Exhibit "A"
2 attached hereto. "D
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SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the C
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California Elections Code, the Mayor and Common Council of the City of San Bernardino
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6 request that the Board of Supervisors of the County of San Bernardino consolidate the City's 0
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7 special municipal election with the statewide general election to be held on November 8, 2016. °
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8 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall rr
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remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
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11 closed, except as provided in Section 14401 of the California Elections Code.
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12 SECTION 4. The full text of the measure is set forth in Exhibit "A" to this resolution w
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13 and is incorporated herein by this reference. Said measure shall appear upon the ballots for said a�
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Special Election in substantially the following form:
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16 MEASURE_ YES NO =�-
COMMERCIAL MARIJUANA ACTIVITY.
17 Shall the San Bernardino Medical Cannabis
Restrictions and Limitations Act be enacted in the 0°
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City of San Bernardino? y
19 The measure shall be designated on the ballot by a letter printed on the left margin of the
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20 square containing the description of the measure as provided in the California Elections Code.
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21 SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San
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Bernardino is hereby authorized to canvas the returns of the special municipal election in all
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respects as if there were only one election with only one form of ballot. Results of said special o
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25 election shall be certified by the Mayor and Common Council of the City of San Bernardino.
26 SECTION 6. Notice of Election. The City clerk is hereby directed to publish a notice of
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the special municipal election which shall contain the following:
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1 A. The date of the election;
2 B. The hours the polls will be open;
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C. That the last day for receipt of primary arguments for or against the measure has been
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established as 5:00 p.m. on August 24, 2016 in the City Clerk's Office, Second Floor, 3
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6 City Hall, 300 North "D" Street, San Bernardino, California; o
7 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on September 6, 2016 °
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e in the City Clerk's Office at the above location.
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The City Clerk is directed to make arrangements to accept arguments and to arrange for
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11 sample ballots, which shall include the text of the San Bernardino Medical Cannabis Restrictions
12 and Limitations Act, in accordance with the California Elections Code. This notice may be
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13 combined with a notice of any other municipal election to be held on the same date. r
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SECTION 7. Conduct of Election. The special municipal election so called shall be held
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in such precincts and at such polling places as shall be determined by the Registrar of Voters of
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17 the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
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18 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
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holding of the consolidated election. The City Manager is hereby authorized to execute a
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contract for services necessary for conducting the special municipal election. The City of San o
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22 Bernardino recognizes that additional costs will be incurred by the County by reasons of this d
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23 consolidation and agrees to reimburse the County for any such costs.
24 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is E
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directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
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27 San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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1 SECTION 9. Transmission of Ballot Initiative. Pursuant to the California Elections
2 Code, the City Clerk is hereby directed to transmit a copy of the San Bernardino Medical
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Cannabis Restrictions and Limitations Act Ballot Initiative, and all other necessary documents, to
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the City Attorney for purposes of preparation of an Impartial Analysis.
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6 SECTION 10. That the City Clerk is authorized to expend the funds necessary to 0
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7 effectuate the purposes of this resolution.
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10.A.d
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO CALLING A SPECIAL ELECTION FOR THE PURPOSE OF
CONSIDERING THE SAN BERNARDINO MEDICAL CANNABIS RESTRICTIONS M
4 AND LIMITATIONS ACT, REQUESTING THAT THE SPECIAL ELECTION BE
CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION CONDUCTED
5 ON NOVEMBER 8, 2016 AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR 0
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6 THE ELECTION. 0
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and °-
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8 Common Council of the City of San Bernardino at a meeting thereof, held on the
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day of , 2016, by the following vote, to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT 2:4
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12 MARQUEZ 0
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13 BARRIOS c
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VALDIVIA Q
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SHORETT �!
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17 NICKEL
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18 RICHARD
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19 MULVIHILL
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21 Georgeann Hanna, City Clerk rr
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The foregoing Resolution is hereby approved this day of , 2016.
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25 R. Carey Davis, Mayor
City of San Bernardino
26 Approved as to form:
27 Gary D. Saenz, City Attorney E
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28 By: a
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