HomeMy WebLinkAbout18-City Attorney
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CIR 'OF SAN' 8ERNARDIQ - REQUED~FOR COUNCIL ACTIa.
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from: James F. Penman \'.- SUbill!:t; ~ cl1arter amendment, public reading
...., ;.: of resolutions
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Dept: City Attorney
D~: June 23, 1989
Synopsis of Previous Council action:
None
Recommended motion:
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Adopt resolutions.
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Signature
Contact person:
Dennis A. Barlow
Phone:
384-5355
Supporting data attached:
yes
Ward:
all
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct, DescriPtion)
Finance:
Council Notes:
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75-0262
Agenda Item No, / r
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CI.ft' OF SAN BERNARDI.(6 - REQUEQ FOR COUNCIL ACTI~
stAFF REPORf
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BACKGROUND
When the Charter of the City was first adopted the
technology was not available to make copies of documents to be
considered by the Mayor and Council available to the pUblic. It
is apparently for this reason that the Charter requires that all
resolutions be publicly read before adoption. The Charter also
provides that upon unanimous vote~ of the Council this
requirement may be dispensed with for each individual resolution
and as a practical matter, this is what is done in almost every
case.
PROPOSAL
This measure would amend Section 31 of the Charter of the
City of San Bernardino to delete the requirement that resolutions
be read publicly. This would allow the Mayor and Council to take
action on a resolution without going through the current practice
of publicly reading the title and then taking a vote on waiving
the public reading of the complete resolution.
If this measure is not approved, public reading of the
title of each resolution by the Clerk would still be required
followed by public reading of the complete resolution or the
waiver of such reading by unanimous vote of the Council.
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I 75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY PROVIDING THAT RESOLUTIONS
3 NEED NOT BE PUBLICLY READ BEFORE ADOPTION.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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(a) In accordance with the Constitution of the State of
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California, the City of San Bernardino, a municipal corporation,
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has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2, Submittal to Electors. The following proposed
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amendment to the Charter of the City of San Bernardino is
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submitted to the qualified electors of the City of San Bernardino
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for their approval or rejection at the consolidated municipal
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election to be held on Tuesday, November 7, 1989.
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PROPOSED CHARTER AMENDMENT NO.
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It is proposed that Article III, Section 3l.of the Charter
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of the City of San Bernardino be amended to read as follows:
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"SECTION 31.
Ordinances - Adoption - Emergency
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and urgency.
Except for emergency or urgency
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ordinances, no ordinance may be adopted by the Common
Council on the day of its introduction, nor within
five (5) days thereafter, nor except at a regular or
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June 23, 1989
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adjourned regular meeting.
At the time of adoption
of an ordinance, it shall be read in full unless,
except for its title, the reading thereof is waived by
unanimous consent of all Council members present.
If
an ordinance is altered after its introduction (except
for correction of typographical or clerical errors),
it shall not be adopted except at a regular or
adjourned regular meeting held not less than five (5)
days after the date of such alteration.
Ordinances
and codes may be adopted by reference in accordance
with general law.
"Emergency or urgency ordinances and each
resolution may be adopted on the day of introduction
and may take effect upon adoption; provided, however,
that this section is not intended, nor shall it be
deemed to affect the method of adopting special
ordinances and resolutions as required by municipal
improvement act. laws relating to elections, taxation,
and annexations, or other provisions of law
prescribing the time, form and manner for the adoption
of ordinances and resolutions of special cases.
"No order, resolution or ordinance shall have
effect without approval of the Mayor, except when five
(5) members of the Common Council concur in its
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June 23, 1989
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adoption.
In case of orders, the approval of the
Mayor shall be presumed unless at the same meeting at
which the order is passed, the Mayor causes his
disapproval, with his reasons therefor, to be spread
upon the minutes.
All resolutions and ordinances
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after passage must be submitted to the Mayor who
shall, within five (5) days after he has received the
same, endorse his approval or disapproval thereon,
giving the reasons for his disapproval.
Each
ordinance or resolution to be valid must be passed by
a vote of not less than four (4) councilmen and
approval by the Mayor, provided that if the Mayor
fails to approve the same it may be passed by a vote
of not less than five (5) Councilmen, and shall take
effect as if approved by the Mayor."
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
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_____ day of
1989, by the following
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NAYS:
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ABSENT:
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City Clerk
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June 23, 1989
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The foregoing resolution is hereby approved this
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day of
, 1989.
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W.R. Holcomb, Mayor
4 City of San Bernardino
5 Approved as to form
and Legal Content:
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JAMES F. PENMAN
7 City Attorney
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June 23, 1989