HomeMy WebLinkAbout2008-06-24; City Council; CS-001; Reinstituting the majority of the quorum...1 ORDINANCE NO. CS-001
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, REINSTITUTING
3 I THE MAJORITY OF THE QUORUM AND AMENDING
4 - SECTIONS 1.20.090 AND 1.20.520 OF THE
CARLSBAD MUNICIPAL CODEI
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WHEREAS, the voters of the City of Carlsbad at the June 3, 2008
election voted to change the powers and duties of the City by adopting a City
8 Charter; and
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WHEREAS, with the certification of the Charter the City Council will
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have plenary authority to legislate matters of local concern notwithstanding general
laws to the contrary; and
WHEREAS, prior to the City adopting the Charter, state legislature
enacted Government Code section 36936 requiring all resolutions be adopted by a
majority vote of the total membership of the City Council; and
16 WHEREAS, now that Carlsbad is a Charter City it will no longer be
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bound by this state law and will restore the majority of the quorum decision making
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process for all matters of local concern; and
WHEREAS, the Carlsbad Municipal Code sections 1.20.090 and
1.20.520 must be amended to reflect this change in the decision making process.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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SECTION 1: That sections 1.20.090 and 1.20.520 of the Carlsbad
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Municipal Code are amended to read as follows:
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1 1.20.090 Quorum.
2 Three members of the council shall constitute a quorum for the
3 transaction of business. Motions and resolutions may be passed by a
majority of the quorum but ordinances shall require a majority of the
4 membership of the City Council. Less than a quorum may adjourn
from time to time. Where there is no quorum, the mayor, mayor pro
5 tern or any member of the council shall adjourn such meeting, or if no
member of the council is present, the city clerk shall adjourn the
meeting. For the purpose of considering any item subject to vote of the
7 council, when a member of the council is disqualified due to a conflict
of interest, his or her presence shall not be considered in determining
8 the presence of a quorum. Consideration on such item shall be
deferred until a quorum of noninterested council members are present
9 to discuss and vote on them if a disqualification reduces those in
attendance to less than a quorum. (Ord. NS-709 § 1, 2004: Ord. NS-
10 597 § 2, 2001: Ord. 1213 § 2 (part), 1979)
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12 1.20.520 Resolutions.
13 In most cases, a resolution is little more than a formal motion set forth
in a formal document. In some matters, such as an assessment
proceeding, general plan amendment or the grant or denial of
15 variances, a resolution is required. A resolution should be required
under any circumstances where it is desirable that the action be
16 formally recorded in the office of the city clerk as a numbered
document which can be used for future reference. Legislative actions
17 as set forth in Section 1.20.530 should be by ordinance or resolution.
18 A majority of the quorum shall be competent to adopt any resolution.
(Ord. 1213 §2 (part), 1979)
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EFFECTIVE DATE: This ordinance shall be effective upon completion
of the legal process of incorporation or in thirty days, whichever is later.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the l?tb day of June , 2008, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 24tb day of June , 2008, by the following
vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONXLD R. BALL, City Attorns
, Mayor
ATTEST:
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