HomeMy WebLinkAbout1981-09-01; City Council; 5738-3; Council Procedure Ordinance AmendmentCITY OF CARLSBAD
AGENDA BILL NO.
DATE: September 1, 1981
DEPART14ENT_ City Attor_ney
Subject:
COUNCIL PROCEDURE ORDINANCE --AMENDMENT
Statement of the Matter
Initial:
Dept.Hd.
C . Atty . )a3
C. Mgr.
At two recent meetings of the San Diego -Imperial County
City Attorneys' Association we have had occasion to
discuss the procedures for hearings before City Councils.
While we are in general agreement on most points, there
Were a couple of areas left open to some question. In
particular, whether or not it is necessary to require
people speaking at a public hearing to be sworn before
offering their evidence. The procedure :in the County varies
somewhat from city to city. Although, at this time, it
remains my judgment that the City'sprocedural
is adequate, I recommend that it be amendedto providecthat
the failure of an individual to object to a City Council
procedure shall constitute a waiver'of that objection -Jr.
any subsequent challenge to the Council's action. An ordinance
in that regard is attached.
Exhibit
Ordinance No. _ 4 !Y_1
Recommendation
If the City Council concurs,
Ordinance No.
COLNCIL ACTION:
your action is to introduce
9-1-81 Council introduced Ordinance No. 1241
APPROVED
I
ORDINANCE NO._L241
2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
3
TITLE 1, CHAPTER 1.20 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
4
SECTION 1.20.590 TO PROVIDE THAT A
FAILURE TO OBJECT TO CITY PROCEDURES
5
SHALL CONSTITUTE A WAIVER OF SUCH OBJECTION.
6
The City Coun,:il of the City of Carlsbad, California, does
7
ordain as follows:
8
SECTION 1: That Title 1, Chapter 1.20 of the Carlsbad
9
Municipal Code is amended by the amendment of Section 1.20.590
10
to read as follows:
11
"1.20.590 Failure to observe procedures —waiver. (a) The
provisions of this chapter are adopted to expedite the transaction
12
of the business of the council in an orderly fashion and are
a
deemed to be procedural only. The failure to strictly observe
0
13
such rules shall not affect the jurisdiction of the council or
a a
invalidate any action taken at a meeting that is otherwise held
a
°o
14
in conformity with law.
oz
(b) A failure on the part of any person to register a
m- 0
15
timely objection to the procedures of this chapter at the public
LLW<
hearing or other proceedings shall constitute a waiver of all
z W o 0
Z
16
such objections."
W N �[
m
OXz to
17
EFFECTIVE DATE: This ordinance shall be effective
a a
u
18
thirty days after its adoption, and the City Clerk shall
U
19
certify to the adoption of this ordinance and cause it to be
20
published at least once in the Carlsbad Journal within
21
fifteen days after its adoption.
22
INTRODUCED AND FIRST READ at a regular meeting of the
23
Carlsbad City Council held on the 1st day of_ September ,
24
1981 and thereafter
25
26
27
28
�I
e
2
3
4
5
6
7
9
10
11
0
12
Q
Jm 13
�
a
oti�a 14
00za
W 15
m
".
w y,Wv 3-66
$4
za Cn 1
i h J 7
y u
'- 18
U
19
20
21
22
23
24
25
26
27
28
a
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 15th day of September 1981 by the
following vote, to wit:
AYES: Council Mmmbers Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
azwjj-'�� � - (? Lx� �'�
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
11�