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Home My WebLink About1994-04-19; City Council; 12666; AMENDING TITLE 1, CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 1.20.550 REGARDING THE ADOPTION OF ORDINANCESm b N I a z g a, c) c a G .rl a Ll 0 a a, a 0 k u c .rl rl .rl c) C 3 0 u Y Z 0 F 0 a 6 8 z 3 1pY OF CARLSBAD - AGQIDA BILL @/ DEPTm ' AB # - TITLE: AMENDING TITLE 1, CHAPTER 1.20 OF THE OF SECTION 1.20.550 REGARDING THE ADOPTION MTG. Y-19-CY DEPT. L OF ORDINANCES CARLSBAD MUNICIPAL CODE BY THE AMENDMENT C~TYA CITY Mc RECOMMENDED ACTION: Introduce Ordinance No 1 pi5 - $3 5 I ITEM EXPLANATION Enacted in 1993 SB 405, in part, amends Government Cod( section 36934. Prior to 1994, section 36934 allowed, b unanimous City Council vote, the waiver of further reading o an ordinance following the reading of its Title. Senate bil 405 changes the vote requirement from a unanimous, to q majority ballot. Currently, CMC section 1.20.550 states i: pertinent part, Wnless a Council member requests reading i: full, the Council shall be deemed to have unanimously voted tc waive such reading." This ordinance would amend CMC sectioi 1.20.550 to read, llunless a Council member requests reading i. full, the Council shall be deemed to have voted, by a majorit vote, to waive such reading." The amendment reflects th recent Government Code modification. FISCAL IMPACT No fiscal impact will result from this amendment. EXHIBITS 1. Ordinance No. N5-cf75 . 2. Exhibit @@At1, Current CMC Section 1.20.550. 3. Government Code section 36934 1 2 3 4 5 6 7 8 9 10 11 12 am a> SLUg 13 $E& un8 OLLI2 iU, $054 14 o n Q 15 ggz; 16 &$E S -ai S&%a E23 aod Cy: l7 0 18 19 20 21 22 23 24 25 26 27 28 W 0 ORDINANCE NO. NS-275 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 OF SECTION Lr29t559 REGARDING THE ADOPTION OF ORDINANCES The City Council of the City of Carlsbad, Califor does ordain as follows: SECTION 1: That Title 1, Chapter 1.20 of the Carl Municipal Code is amended by the amendment of section 1.20 to read as follows: 881.20.550 Ordinances - Adoption. An ordin shall be introduced by motion after a reading of the title. passed, it shall be returned for further Council action at 11 five days thereafter. Adoption shall be by motion after real by title. Unless a Council member requests reading in full, Council shall be deemed to have voted, by majority vote, waive such reading." EFFECTIVE DATE: This ordinance shall ,be effec. thirty days after its adoption; and the city clerk shall cer. the adoption of this ordinance and cause it to be publishec least once in a newspaper of general circulation in the Cit Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of APRIL I 1' Carlsbad City Council on the 19th day of and thereafter ... ... ... ... ... ... ... 1 1 2 3 4 5 6 7 8 9 10 11 12 00, un8 2W5 Yz rrrr& 13 &$g k3 gys l7 ilLa ow: 14 2055 qonL 15 u;sz g$zs 16 Zw(0 UOJ 0 18 19 20 21 22 23 24 25 26 27 28 W 0 PASSED AND ADOPTED at a regular meeting of the ( Council of the City of Carlsbad on the 1994, by the following vote, to wit: day of AYES: NOES : ABSENT : APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk , 2 I 1.2O.JIO 0 e motion is debatable and subject to amendment, 1.20.530 Legislative action. After amendments have been offered, the sub- stitute motion is voted upon and, if adopted, strikes the main motion; Au legislative action undertaken by the city coiLncil shall be by means of an ordinance or resolution. Legislation of a permanent nature which is to remain in force until amended or ~epealed, which establishes rights and obligations ad the failure to comply with which may mdt in a PedtY, shall be by ordinance. (Ord. 1213 9 2 (Part), 1979) (8) Amen& (A) purpoSe. To modify or change a motion ut is being codered by &e ma& so &t it will express moR satisfactorily the fl of the members. If the motion passes, then the main motion should be voted on as amended, unlesapplied turn undebatable main motion. ~t is amendable; @) Debatable or Amendable. It is debatable 1.20540 Remiutioas-Adoption. (2) Where a particular resolution has been prepared and is before the council, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or (9) Motion to postpone: (A) purpose* To Prevent further discussion in fm, provid& it is ideatifid by &e pRsi&ng and voting On tbe main motion until a fUture oficez Upon requestofanymemberofthecoun.. date or event. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subjea Of *e main motion shall not be event; cil is in order. but not amendable; til, the resolution shdl be read by tide *~ in fufl, (b) Wherea pwticularresolution has not been prepared, a motion to direct the city attorney to brought up again unls the specified date or prepare &e document and return it to the coun- (B) Debatable or Amendable. It is debatable (10) Main motion: (A) firpose. The PhW Proposal or queS- tion before tbe council for discussion and deCi- (9) Debatable or Amendable. Yes. ((3rd. 1213 (c) Where necessary, a resolution may be pre- sen& verbally in motion form together with instructions for written preparation. Upoa execution of such a resolution, it shall become an ofltidd action of the cou~ci~, (ord, 1213 0 2 siun: (Pam, 1979) 0 2 (part), 1979) 1.20550 Ordinmces-Adoption. 1.20.520 Resolutions. In most -* a resolutioa is little more than a fod motion set forth in a formal document. In gene& ph amendment Or the fPntorded Of variances, a resolution is required. A resOJutiOn should be required under any circumstances where it is desirable that the action be formally recorded in the oKce of the city derk zfs a num- bered document which can be used for future tion 1.20.530 should be by ordinance or resolu- tion. (Ord. 1213 g 2 (part), 1979) An ordinance shall be introduced by motion after a reading of the title. If passed, it shall be murned for fiirther council action at least five days thereafter. Adoption shall be by motion after =dng by ~t;le, Udess a councd member deemed to have umimously voted to waive such &g, (Or& 1213 0 2 (part), 1979) 1,20560 Correction ofd~~ents, Upon occasion, ordinances or other dm- ments are submitted in draft form, or on the spot technical errofs are found which necessitate retyping of the document; such redraft, when Some maflen, Such as an -sment Proceedin& requests reading in full, the counc9 shafl & reference, Legulative actions a~ set forth in W- amendments OCCUR or typogfapk;cal or o&er 26 -. e __ ._._ ___ -_-_ __ __-I- -- -.-- 0 36808 GOVERNMENT COD 8 36808. Meetings; place; public This sedion ia repsaled by Statal9 4 *iw Alrril 11 1994. .. - .1993 Leghhth Operative &ect of Stata19%, c 1138 (SB.1140 HIetorifal and scatptmy Notes unde Oovernment 9 368l.2. Cauncil as judge of qu 2. QIdfiC&OMOf lIlemberr -- -. Statute entitling city murid to judge sualification membemrted no power to change quaU5cations for elected o ce and did not entitle general law city to 8 36820. Repealed by Stats.1990, c. 346 (S.B.1601), S 1, eff. July Is, 1990, operative Jan. 1 election in the City of Saager, was repealed by terms. &path 25. Historical and Statutorg Notea The repealed section, sdded by Stats.1990, c 346 (SB. 1601), 5 1, eff" JuIy 1% lm$ prwiding fu a special CHAPTER 2 ORDINANCES ARTICLE 2 ENACTMENT 0 36934. ofpassage; reading; &-ordinan- arteratione &dinances shall not be passed within frve days of their introduction, nor at other than a meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed ir ly upon introduction and either at a regular or special meeting. Except when, after resding further reading is waived by regular motion adopted * * * by WonQ vote * all ordinance read in full either at the time of introduction or passage. When ordinances, other thar: ordinances, are altered after introduction, they shall be passed only at a regular or at an 1 regular meeting held at least five days after alteration Corrections of typographical or el& are not alterations within the meaning of this section. (Amended by Stats.1993, c 1195 (S.B.405), § 12.) -. Historical and Statutory Notes 1993 Legislation Short title, legislative findings and declarations for Stats.1993, c 1196 (S.B.40@, see Historical and Statutory Notes under Government Code 5 4201. Notes of Decisions 2. Urgemyordinances Ordinance intsodueed and passed in same session of city council was fat&' Wedive where it did not include any urgency language, West HonywoOa Conkmed Citizens v- city of West HOUYWOO~ (App. 2 Di&1%1) 283 cd Rptr. 470,232 CalApp3d 486. 3. Validityofordinance Landlords were not entitled fo prelrplinfvy relief on their facial challenge to increaae 1p: registntaon fee under rent control ordinance, where it was not reasoaably proba- ble that they would be able to estabhh deprived them of their constitutional guaran reasonable" mte of return; $48 per year b slight, a "dhinihunt" that, to deprive i- lord of ~~n~tiQ~tio@ mandated yWt 81 charging renta which provided for preciec minimum retam. West Hollywood C0nce1 City of West Horn (App. 2 DisL1991 470.232 CaLApp.3d 486. Additions or changes Indicated by underline; deletions by asterisks * 1 retnm, landlord would have bad ta haw 0 66 - GOVERNMENT CODE 1 +ut€Dly Notes &ions , paw term limita on council membera. Polfa V. s Pahna (App. 4 Dist.1992) E CaLRptr2d 322, 4p.4tb 25. . 9 1, eff. July 18,1990, operative Jan. 1,1991 *tutory Notes APP3d 173, ralegiiigaeni em. CHAPTER 3 GENERAL POWERS :R 2 WES ,E 2 I 37100.5. Levy of tax which may be levied by charter cities; voter approval Notes of Decisions ZNT lances; alterations g their introduction, nor at other than a regular waa not amended by statutory initiative n &erendums on tax issues. City of Wooc (App. 6 Dist.1991) 282 CaLRptr. 27,230 C L. Text of section operative until amadmat proposed by Stats.1998, Rea ch. 67 (S.C appvved ai sfdmnde . election. tatutory Notes lecisiona Id-, deletlons by asterlsb * * 57 d J