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HomeMy WebLinkAboutCharter Implementation.Attach 2.Ordinance.Chapter 1.08 AmendmentORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 1.08 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RESOLUTIONS AND ORDINANCES TO IMPLEMENT THE PROVISIONS OF THE NEWLY ADOPTED CHARTER WHEREAS, on November 8, 2016 the Citizens of the City of San Bernardino enacted a new City Charter; and WHEREAS, the City Council desires to amend the City of San Bernardino Municipal Code to implement the new City Charter, which took effect on January 31, 2017. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Section 1.08.010 (Purpose) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby amended to read as follows: 1.08.010 Purpose The procedures set forth in this chapter are established to implement the provisions of City Charter Section 304 which provides that resolutions and ordinances shall be adopted by a simple majority vote of the quorum of the City Council present, unless a specific different affirmative vote level is required by the City Charter or for Charter Cities under State or Federal law. All resolutions and ordinances must be approved by the Mayor, or alternatively, vetoed by the Mayor with written reasons therefore endorsed on such resolutions or ordinances within five days after the City Clerk presents the resolutions and ordinances to the Mayor, pursuant to the requirement of Section 1.08.030 (Action by Mayor) herein. SECTION 3. Section 1.08.030 (Action by Mayor) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.030 Action by Mayor Within five days, excluding Saturdays, Sundays and holidays, after the City Clerk has presented the resolution or ordinance to the Mayor or the City employee designated by the Mayor, the Mayor shall approve, or if the resolution or ordinance was approved by fewer than five (5) votes of the City Council, may veto, the resolution or ordinance stating the reason or reasons for the veto of the resolution or ordinance on a document physically attached thereto. Approval or veto is a duty and there shall be no right to fail to either approve or veto within the five-day period. In the event the Mayor is absent or otherwise unable to approve or veto the resolution or ordinance during the five-day period, the Mayor Pro Tempore, as empowered pursuant to Charter Section 302, shall approve, but may not veto, the resolution or ordinance in like manner as the Mayor would have been empowered and required to do. In the event the Mayor approves or fails to approve or veto the resolution or ordinance within the five-day period, or in the event the Mayor Pro Tempore acting in the place of the Mayor approves or fails to approve the resolution or ordinance, the resolution or ordinance shall be deemed to be validly enacted on the date of its adoption and conclusively presumed to have been approved, provided it was adopted by the requisite number of votes required pursuant to Section 1.08.010 herein and the City’s Charter. SECTION 4. Section 1.08.040 (Readoption) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby amended to read as follows: 1.08.040 Readoption The approved or vetoed resolution or ordinance shall be forthwith returned to the City Clerk. The City Clerk shall place any vetoed resolution or ordinance which was adopted by fewer than five affirmative votes as the first business items on the agenda for the next meeting of the Mayor and City Council to be considered by the City Council for readoption after the resolution or ordinance is reintroduced and the reason or reasons for the veto are read by the City Clerk. In the event there are less than seven council members present, or for any other reason, the resolution or ordinance may be continued from time to time. A motion to readopt the resolution or ordinance shall be considered and voted upon by the City Council. Five or more affirmative votes shall be necessary to validly readopt the resolution or ordinance. SECTION 5. Section 1.08.060 (Charter Amendments) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby rescinded in full and the following new Section 1.08.060 (Charter Amendments) is adopted to read as follows: 1.08.060 Charter Amendments Amendments to the Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. SECTION 6. Section 1.08.070 (Time is not of essence) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby amended to read as follows: 1.08.070 Time is not of essence The failure of the City Clerk, Mayor or Mayor Pro Tempore to comply with any of the ministerial acts provided for in this Chapter or the periods of time for (1) presenting the resolution or ordinance to the Mayor, (2) approving or vetoing the resolution or ordinance, and (3) readopting a vetoed resolution or ordinance at the next meeting of the City Council shall not invalidate a resolution or ordinance which has been otherwise validly adopted, readopted or enacted pursuant to this Chapter and Charter Section 304. SECTION 7. Section 1.08.080 (Validity presumed) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby amended to read as follows: 1.08.080 Validity Presumed Any ordinance or resolution heretofore adopted by the City Council, which is vetoed or not approved by the Mayor in a manner other than as provided in this chapter, or which is heretofore adopted and enacted pursuant to the provisions of Charter Section 304 as interpreted by administrative and legislative practices, shall be conclusively presumed to be valid and enforceable. SECTION 8. Section 1.08.090 (Effective dates) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Code is hereby amended to read as follows: 1.08.090 Effective dates Each ordinance of the Mayor and City Council of the City shall take effect thirty days from and after the date of its adoption by the City Council if approved by the Mayor. Each resolution shall take effect on the date of its adoption by City Council if approved by the Mayor. This section shall not be applicable to: Ordinances and resolutions adopted by fewer than five affirmative votes and which are vetoed by the Mayor of the City within the five-day period; and Ordinances which contain urgency or emergency clauses providing for immediate effective dates; An ordinance or resolution which contains express language providing for an effective date for such ordinance or resolution; and Ordinances and resolutions adopted by five or more affirmative votes of the City Council which are not approved within the five-day period by the Mayor, which shall be deemed to take effect upon adoption by the City Council; and Ordinances and resolutions relating to Charter Amendments as provided in Section 1.08.060. SECTION 9. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Orinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 10. Publication. This Ordinance shall take effct and be in full force thirty (30) days from and after the passage thereof, and prioeIf any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Orinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 1.08 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF THE NEWLY ADOPTED CHARTER I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________