San Bernardino Municipal Code Ch. 1.08 Resolutions and Ordinances

The procedures set forth in this chapter are established to implement the provisions of Charter, § 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 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 therefor, 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 § 1.08.030.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

Each resolution and ordinance adopted by the City Council shall be presented by the City Clerk to the Mayor for his or her approval or disapproval within 48 hours after the adjournment of the meeting at which the resolution or ordinance was adopted. The Mayor shall designate an employee in his or her office to receive the resolution or ordinance. In the event the Mayor is absent or unavailable during the 48-hour period, the City Clerk shall present the resolution or ordinance to any employee in the office of the Mayor who has been designated by the Mayor as his or her agent to receive such resolution or ordinance, or in the absence of the Mayor during the 48-hour period, to the Mayor Pro Tempore.

(Ord. 3751, passed 8-25-1978)

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 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 City Charter, § 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 § 1.08.010 and the City Charter.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

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 item 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.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

The resolution or ordinance which was disapproved, or neither approved nor disapproved, within the five-day period, and which has been validly readopted and enacted, shall take effect as if approved by the Mayor. Such resolution shall take effect upon the date of its readoption and enactment.

(Ord. 3751, passed 8-25-1978)

Amendments to the Charter shall be made in accordance with the procedures of the California Elections Code, as applicable to charter cities.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

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:

(A) Presenting the resolution or ordinance to the Mayor;

(B) Approving or vetoing the resolution or ordinance; and

(C) 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 the City Charter.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

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 City Charter, § 304, as interpreted by administrative and legislative practices, shall be conclusively presumed to be valid and enforceable.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)

(A) Each ordinance of the Mayor and City Council shall take effect 30 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.

(B) This section shall not be applicable to:

(1) 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;

(2) Ordinances which contain urgency or emergency clauses providing for immediate effective dates;

(3) An ordinance or resolution which contains express language providing for an effective date for such ordinance or resolution;

(4) 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

(5) Ordinances and resolutions relating to Charter amendments as provided in § 1.08.060.

(Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017)