HomeMy WebLinkAbout1986-12-09; City Council; 1292; CMC 1.20 amends - Revise City Council procedures per new Brown Act1
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ORDINANCE NO. 1793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER 1.20
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
AND ADDITION OF VARIOUS SECTIONS TO REVISE THE
CITY COUNCIL PROCEDURES IN ACCORDANCE WITH THE
NEW BROWN ACT LEGISLATION.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.20, Section 1.20.02C
of the Carlsbad Municipal Code is amended by the addition of the
following:
"The call and notice shall be posted at least 24 hours
prior to the special meeting on the council chamber door."
SECTION 2: That Title 1, Chapter 1.20 of the Carlsbad
Municipal Code is amended by the addition of Section 1.20.025 to
read as follows:
"1.20.025 Emergency meetings. Notwithstanding anythinc
in this code to the contrary the City Council may hold an emergency meeting pursuant to and in accordance with the
provisions of Section 54956.5 of the California Government Code.
SECTION 3: That Title 1, Chapter 1.20, Section 1.20.031
of th.e Carlsbad Municipal Code is amended by the addition of the
following:
"When a regular or adjourned regular meeting is
adjourned as provided in this section the resulting meeting is a
regular meeting for the purpose of transacting business."
SECTION 4: That Title 1, Chapter 1.20 of the Carlsbad
Municipal Code is amended by the deletion of Section 1.20.040.
SECTION 5: That Title 1, Chapter 1.20 of the Carlsbad
Municipal Code is amended by the amendment of Section 1.20.050 tc
read as follows:
"1.20.050 Meetings to be public - exceptions - closed
sessions. (a) All meetings of the City Council shall be open
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to the public; provided, however the City Council may hold closed
sessions during any meeting from which the public and any person or entity having filed written request for notice of meetings,
may be excluded for the purpose of considering the matters, as
authorized by Title 5, Division 2, Part 1, Chapter 9, Sections
54950 through and including 54961 of the Government Code of the
State of California or other applicable law.
City or any other person present during a closed session of the
Council shall disclose to any person the content or substance of
any discussion which took place during said closed session unless the City Council first authorizes the disclosure of such
information by a majority vote."
(b) No member of the City Council, employee of the
SECTION 6: That Title 1, Chapter 1-20, Section 1.20.060
of the Carlsbad Municipal Code is amended by the amendment of
subsections (a) and (c) and by the addition of subsection (f) to
read as follows:
"(a) An agenda shall be prepared for each Council
meeting containing the time and place of the meeting, the order
of business and a general description, including the specific
action requested to be taken by the Council, for each item of
business to be transacted or discussed at the meeting. Items of
business may be placed on the agenda by the direction of a member
of the Council, the City Manager or the City Attorney. Agenda items, including ordinances, resolutions, contracts, staff
reports or other matters to be submitted to the Council, shall be delivered to the City Clerk not later than twelve noon on the Thursday preceding the regular meeting. The Clerk shall
thereafter prepare an agenda packet under the direction of the City Manager. The agenda packet shall be delivered to the Council members on the Friday preceding the regular meeting. The
agenda packet shall be made available to the public as soon
thereafter as practicable.
Council Chamber doors at least 72 hours before a regular Council
meeting. The City Clerk shall prepare and file a signed
declaration of the time and place of posting and a certified copy
of the posted agenda. Except as provided in subsection (f) of
this section no business shall be transacted or discussed at the
meeting on any item not appearing on the posted agenda. A
direction by the Mayor with the consent of the Council to refer 2
matter raised by a mem-ber of the public to staff for a report or
to place a matter on a future agenda shall not constitute
act ion. "
items of business not appearing on the posted agenda under any of
the following conditions:
a date certain from a properly posted agenda at a meeting held
five days or less before the date action is taken on the item.
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"(c) The City Clerk shall post the agenda on the
"(f) The City Council may discuss or take action on
(1) An item has been continued by the Council to
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(2) Upon a determination by a two-thirds vote of the Council, or if less than two-thirds of the members are
present a unanimous vote of those present that the need to take
action arose after the agenda was posted.
(3) Upon a determination by the Council that an
emergency exists. For purposes of this section "emergency" means a crippling disaster, work stoppage or other activity which
severely impairs public health or safety where prompt action is
necessary due to the disruption or threatened disruption of public facilities."
SECTION 7: That Title 1, Chapter 1.20, Section 1.20.08C
of the Carlsbad Municipal Code is amended by the deletion of
subsection (e).
SECTION 8: That Title 1, Chapter 1.20, Section 1.20.11C
of the Carlsbad Municipal Code is amended by the amendment of
subsection (14) to read "Public comment" and by the addition of
subsection (15) to read "Adjournment."
SECTION 9: That Title 1, Chapter 1.20 of the Carlsbad
Municipal Code is amended by the addition of Section 1.20.305 to
read as follows:
"1.20.305 Opportunity for public to address the
council - non agenda items. (a) Every agenda for a regular
Council meeting shall provide a period for members of the public to address the Council on items of interest to the public that
are not on the agenda but are within the jurisdiction of the
City Council.
with the total time for all speakers not to exceed fifteen minutes unless additional time is granted by majority vote of the Council. Anyone desiring to speak shall reserve time at the
meeting by filing a written request with the City Clerk.
Speakers will be called in the order reserved within the available time. The presiding officer with the consent of the
Council may, if time permits, allow persons to speak who have not
filed a written request to reserve time. (c) Each person desiring to address the Council shall
approach the podium, state his name and address for the record, state the subject he wishes to discuss, and state whom he is
representing if he represents an organization or other persons.
All remarks shall be addressed to the Council as a whole and not
to any member thereof. No questions shall be asked of a Council
member or a member of the City staff without obtaining the
permission of the presiding officer. The presiding officer shall
not permit any communication, oral or written, to be made or
(b) Speakers shall be limited to three minutes each
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read where it does not bear on something of interest to the
public which is within the subject matter jurisdiction of the
City Council."
SECTION 10: That Title 1, Chapter 1-20, Section
1.20.420 of the Carlsbad Muncipal Code is amended by the
addition of the following:
"If the hearing is continued to a time less than 24
hours after the time specified in the notice of such hearing a
notice of continuance shall be posted immediatley after the
meeting on the Council Chamber doors."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 2nd day of December , 1986
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 9th day of December , 1986 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None
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