HomeMy WebLinkAbout26-City Attorney
CITY OF SAN BERNADINO - REQUEST pQI COUNCIL ACTION
0:
James F. Penman
Subject:
Ordinance of the City of San
Bernardino amending Section
2.58.200 of the San Bernardino
Municipal Code relating to
continuances of items on the
agenda of the Mayor and Common
.....uuu(.;ll.
Dept:
City Attorney
November 21, 1990
DIItlI:
Synopsis of Previous Council action:
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None.
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Recommended motion:
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Waiver further reeDing and lay CNer for aioption.
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~ Signature
Contact person: Dennis A. ~rlClW
Phone: 384-5355
Supporting dlltll ettached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. Descriotionl
Finance:
Quncil Notes:
Aaenda Item No ,;2.6
CITY OF SAN BERNAIJINO - REQUEST FcQ COUNCIL ACTION
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STAFF REPORT
At the meeting of the Mayor and Common Council held on
Monday, November 19, 1990, an ordinance was considered which
would impose fees on those requesting continuances for matters on
the Agenda. As drafted the ordinance required a written request
for a continuance. Concerns were raised about situations
involving a last minute emergency where a written request could
not be provided. The attached ordinance will allow verbal in
addition to written requests, and will allow the granting of a
continuance subject to the receipt of the fee. It also makes
clear that the ordinance does not apply to continuances requested
by the City or by those entities funded by the City.
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.58.200 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 CONTINUANCES OF ITEMS ON THE AGENDA OF THE MAYOR AND COMMON
COUNCIL.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. . Section 2.58.200 is hereby amended to read as
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"2.58.200 Continuances; fee
Any person, firm, corporation or other entity having
an appeal, or other item on the agenda of the Mayor and
Common Council may request a continuance of such item by
submitting a request therefor to the City Clerk prior to
the item being heard. Such request must be accompanied by
a processing fee established by resolution of the Mayor and
Common Council.
The granting of a continuance shall be
subject to the complete discretion of the Mayor and Common
Council taking all of the facts and circumstances of the
matter into consideration. If the request for continuance
is received by telephonic communication or other means
where the requester is not present, the continuance may be
granted subject to the receipt of the processing fee prior
to the new agenda date.
Should the request for a
continuance be denied any processing fee paid shall be
returned upon application made by the payor within ninety
(90) days. Any subsequent request for a continuance shall
require an additional fee.
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DAB/ses/Agenda-2.ord
November 20, 1990
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ORDINANCE. .AMENDING SECTION 2.58.200.
CONTINUANCES OF ITEMS ON THE AGENDA. . .
.RELATING TO
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The fee provided for by this resolution and set by any
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resolution adopted pursuant thereto shall not apply to any
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continuance requested by the City, any department or
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officer thereof or by any agency or other entity which is
funded primarily by the City."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing ordinance is hereby approved this
, 1990.
day
w. R. Holcomb, Mayor
24 City of San Bernardino
Approved as to form
25 and legal content:
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JAMES F. PENMAN,
Ci ty Atto~~ey ~j,IQ
B~k./
DAB/ses/Agenda-2.ord 2
November 20, 1990
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