§ 605. VETO OF CITY COUNCIL ACTIONS BY MAYOR.

(a) The Mayor shall have veto power over all legislative acts of Council, whether such actions be taken by ordinance, resolution, or otherwise. The Mayor's veto power shall not extend to administrative decisions or quasi-judicial decisions of Council. The veto power shall be afforded the Mayor irrespective of any super-majority vote by Council, except that the veto power shall not extend to override votes taken pursuant to Section 609 of this Charter.

(b) For purposes of this Charter Section 605, legislative acts shall include amendments to the Fresno Municipal Code; adoption of general plans, community plans and specific plans; grants of franchise; establishment of fines, penalties, or regulations; tax levies; annexation of property; exemption of property from taxation; ordinances required by state law in matters wherein state law preempts local law; actions calling an election or otherwise relating to an election; resolutions and actions relating to eminent domain; adoption of budget; amendment of budget; fixing of compensation of officers and employees; position authorizations; establishment of fees; issuance of bonds; and all matters subject to the power of initiative and referendum.

(c) Notwithstanding, subsections 605(a) and (b), the Mayor's veto power shall not extend to:

(1) Emergency ordinances;

(2) Certain land use decisions including; the amendment of specific plans, community plans, and general plans; rezonings; conditional use permits or other special use permits approved by Council after consideration by the Planning Commission; or

(3) Any other land use action, other than text amendments to the Fresno Municipal Code, and whether legislative or quasi-judicial in nature, in which the matter has been considered at a public hearing before the City Council and Planning Commission.

(d) Each proposed resolution or ordinance voted on by the Council that is not approved by the Council and each ordinance or resolution adopted by the Council shall, within forty-eight hours of such action, be transmitted to the Mayor by the City Clerk, with appropriate notation of the action of the Council thereon. All ordinances, resolutions, or other action of Council subject to power of the mayor's veto shall be acted upon by the mayor within ten days of receiving the clerk's transmittal by Council.

The Mayor shall either approve each ordinance, resolution or other action adopted by Council subject to power of the mayor's veto adopted by the Council by signing and returning same to the City Clerk within the required time limits, or shall veto any ordinance, resolution or other action adopted by Council and shall return each such ordinance, resolution or action to the City Clerk with his or her written objections within the required time limit. Failure to make such return within the required time limit shall constitute approval and such ordinance, resolution, or action shall take effect without the Mayor's signed approval. The City Clerk shall note such fact on the official copy of such ordinance, resolution or action.

Any proposed ordinance, resolution or other action subject to power of the Mayor's veto which is voted on by the Council that is not approved by the Council shall be reconsidered by the Council on written request of the Mayor, stating his or her reasons therefor, filed with the City Clerk by the mayor within ten days after the Council's action on such resolution or ordinance. The Council shall reconsider such measure at its convenience, but not later than thirty days after the filing of the Mayor's request therefor.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)