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Home My WebLink About3751 1 ORDINANCE NO. 37$/ . 2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE PROCESSING AND EFFECTIVE DATES OF RESOLUTIONS AND ORDINANCES 3 ADOPTED BY THE LEGiSLATIVE BODY AND DISAPPROVED OR NOT APPROVED BY THE MAYOR PURSUANT TO CITY CHARTER SECTION 31; AND PROVIDING 4 FOR THE EFFECTIVE DATES OF ORDINANCES AND RESOLUTIONS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. PURPOSE. The following procedures are estab- lished to implement the provisions of City Charter Section 31 8 which provides that resolutions and ordinances shall be adopted by four or more affirmative votes of the Common Council and approved by the Mayor, or,alternatively, disapproved by the Mayor with 9 10 11 written reasons therefor endorsed on such resnlutions or ordi- 12 nances within five days after the City Clerk presents said resolu- 13 tions and ordinances to the Mayor. 14 SECTION 2. PRESENTATION TO MAYOR. Each resolution and 15 ordinance adopted by the Common Council shall be presented by the 16 City Clerk to the Mayor for his approval or disapproval within forty-eight hours after the adjournment of the meeting at which 17 18 , I the resolution or ordinance was adopted. The Mayor shall desig- , 19 nate an employee in his office to receive the resolution or 20 ordinance. In the event the Mayor is absent or unavailable during 21 said forty-eight hour period, the City Clerk shall present said resolution or ordinance to any employee in the Office of the Mayor who has been designated by the Mayor as his agent to receive such 22 23 24 resolution or ordinance, or in the absence of the Mayor during 25 the forty-eight hour period, to the Mayor Pro Tempore. SECTION 3. ACTION BY MAYOR. Within five days, excluding 26 27 Saturdays and holidays, after the City Clerk has presented the 28 resolution or ordinance to the Mayor or the employee agent of the . 1 2 3 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 Mayor, the Mayor shall approve or disapprove the resolution or ordinance stating the reason or reasons for disapproval on the resolution or ordinance or a document physically attached thereto. [Approval or disapproval is a duty'and there shall be no right to fail to approve or disapprove (pocket-veto) within the five day period.] In the event the Mayor is absent or otherwise unable to pp~e or disapprove the resolution or ordinance during the five day period, the Mayor Pro Tempore, as empowered pursuant to Charter Section 36, shall approve or disapprove the resolution or ordinance in like manner as the Mayor would have been empowered and required to do. In the event the Mayor or the Mayor Pro Tempore disapproves or fails to either approve or disapprove the resolution or ordinance within the five day period, the resolution or ordinance shall be deemed to be validly enacted on the date of its adoption and conclusively presumed to have been approved, pro- vided there were five or more affirmative votes adopting said resolution or ordinance. Such resolution shall take effect on the date of its adoption and such ordinance shall take effect on the day after 30 days from the date of its adoption. Such resolution or ordinance shall not be validly enacted if there were only four affirmative votes adopting said resolution or ordinance. SECTION 4. READOPTION. The approved or disapproved resolu- tion or ordinance shall be forthwith returned to the City Clerk. The City Clerk shall place any disapproved resolution or ordinance or any resolution or ordinance neither approved nor disapproved within the five day period, either of which were adopted by only four affirmative votes as the first business items on the agenda for the next meeting of the Mayor and Common Council. At the next -2- 1 meeting of the Mayor and Common Council any resolution or ordinanc 2 I adopted by only four affirmative votes which has been disapproved 'or neither approved nor disapproved within the five day period shall be considered by the Common Council for readoption after the 3 4 5 Iesolution or ordinance is reintroduced and the reason or reasons 6 for the disapproval are read by the City Clerk. In the event 7 there are less than seven councilmen present, or for any other 8 reason, the resolution or ordinance may be continued from time to 9 time. A motion to readopt the resolution or ordinance shall be 10 considered and voted upon by the Common Council. Five or more 11 affirmative votes shall be necessary to validly enact the resolu- 12 tion or ordinance. In the event there are four or less affirmativ 13 votes adopting the resolution or ordinance, it shall not be validl 14 enacted. SECTION 5. EFFECTIVE DATES - READOPTION. The resolution or 15 . 16 ordinance which was disapproved or neither approved or disapproved 17 with the five day period and which has been validly readopted and 18 enacted shall take effect as if approved by the Mayor. Such res- olution shall take effect upon the date of its readoption and en- 19 20 actment and such ordinance shall take effect on the day after thirty (30) days from the date of its valid readoption and enact- 21 22 ment. 23 SECTION 6. CHARTER AMENDMENTS. Notwithstanding the fore- 24 going provisions of this ordinance to the contrary, any resolution 25 or ordinance relating to proposed amendments to the Charter of the 26 City of San Bernardino and the time, manner, and procedures con- 27 cerning the election at which said proposed charter amendments 28 would be voted upon by the electorate shall be validly adopted by -3- 1 four or more affirmative votes of the Common Council. The Mayor 2 shall not be empowered to approve or disapprove such resolution 3 or ordinance despite the provisions of Charter Section 31. (In 4 light of judicial decisions proposed charter amendments are matter 5 of statewide concern and prerogatives of the legislative body as 6 derived from provisions of the Constitution of the State of 7 California.) The City Clerk shall not present such resolution or 8 ordinance to the Mayor for his approval or disapproval. Such res- 9 olution or ordinance shall be effective in accordance with the 10 provisions of this section. In the case of a resolution, it shall 11 be effective on the date of its adoption. In the case of an 12 urgency ordinance, it shall be effective on the date of its adop- 13 tion. An ordinance which does not contain an urgency or emergency 14 provision shall take effect on the day after thirty (30) days from the date of its adoption by four or more affirmative votes of the I Common Council. 15 16 17 SECTION 7. TIME NOT OF ESSENCE. The failure of the City 18 Clerk, Mayor or Mayor Pro Tempore to comply with any of the ministerial acts provided for in this ordinance or the periods of 19 20 tWe for (1) presenting the resolution or ordinance to the Mayor, (2) approving or disapproving the resolution or ordinance, and (3) readopting a disapproved resolution or ordinance at the next meet- 21 22 23 ing of the Common Council shall not invalidate a resolution or I ordinance which has been otherwise validly adopted, readopted or I enacted pursuant to this ordinance and Charter Section 31. I I SECTION 8. VALIDITY PRESUMED. Any ordinance or resolution heretofore adopted by the Common Council and disapproved or not 24 25 26 27 28 approved by the Mayor in a manner contrary to the provisions of -4- 1 this ordinance or heretofore adopted and enacted pursuant to the 2 provisions of Charter Section 31 as interpreted by administrative 3 and legislative practices shall be conclusively presumed to be 4 valid and enforceable. 5 SECTION 9. EFFECTIVE DATES. Each ordinance of the Mayor 6 and Common Council of the City of San Bernardino shall take effect 7 on the day after thirty (30) days from the date of its adoption by 8 the Common Council and approval by the Mayor. Each resolution 9 shall take effect on the date of its adoption by the legislative body and approval by the Mayor. This section shall not be applica 10 11 ble to ordinances and resolutions adopted by only four affirmative 12 votes and which are disapproved, or neither approved nor dis- 13 approved by the Mayor of said City within the five day period; 14 to ordinances which contain urgency or emergency clauses providing for immediate effective dates; to an ordinance or resolution which 15 16 contains express language providing for an effective date for such I ordinance or resolution; to ordinances and resolutions adopted by five or more affirmative votes of the Common Council and dis- I approved or neither approved nor disapproved within the five day period by the Mayor; and to ordinances and resolutions relating to Charter Amendments as provided in Section 6 hereof. 17 18 \9 20 2\ 22 SECTION 10. SEVERABILITY. If any provision of this ordi- 23 nance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of this ordinance which can be given effect without the 24 25 26 invalid provisions or application. 27 SECTION 11. This ordinance shall take effect on the day after thirty days from the date of its adoption and approval. 28 -5- j' 1- 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 adopted by the Mayor and Common Council of the City of San 3 .Ap/}JdAAJ of (JJJ'9/1d , 1978, by the following Bernardino at a on the ()J..of day meeting thereof, held 4 5 vote, to wit: 6 counci~en ~) ~, ifafb,,A,} ~J(1)j ~~:~ )1.111fh (1 fiJUU'; fl d1AJU ~ AYES: 7 8 NAYS: 9 ABSENT: 10 11 4(~~f"g' ~ C~ty r ~ -~ .. , ~~?4 , ord~nance ~s ereby approve~ day 12 The foregoing 13 {)11Ifd- of , 1978. 14 15 16 an Bernar ~no 17 18 Approved as to form: 19 0 20 21 22 23 24 25 26 27 28 -6-