Loading...
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: "" i" C) None. -....1 .::.!:' ~'.....J F':'j ..." ~~:'.. Recommended motion: o Waiver further reeDing and lay CNer for aioption. ~ ~ 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 t o 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. o o o o o 1 o o 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. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. . Section 2.58.200 is hereby amended to read as 7 follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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. / / / DAB/ses/Agenda-2.ord November 20, 1990 1 o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o o 1 ORDINANCE. .AMENDING SECTION 2.58.200. CONTINUANCES OF ITEMS ON THE AGENDA. . . .RELATING TO 2 The fee provided for by this resolution and set by any 3 resolution adopted pursuant thereto shall not apply to any 4 continuance requested by the City, any department or 5 6 7 8 9 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: 26 JAMES F. PENMAN, Ci ty Atto~~ey ~j,IQ B~k./ DAB/ses/Agenda-2.ord 2 November 20, 1990 27 28