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HomeMy WebLinkAbout2001-07-10; City Council; 16271; Municipal Code Update Replacing Reference. & m CA 2 . z” s z .: a & a 2 3 E 4J 3 4 VI 2 2 V s .- ti a = 2 z 0 CITY OF CARLSBAD - AGENDA BILL AB# /6,a71 TITLE: MUNICIPAL CODE UPDATE, MTG. 7/10/01 REPLACING REFERENCE TO “VICE-MAYOR” WITH “MAYOR PRO TEM”; ORDINANCE DEPT. CA INTRODUCTION. i) (I CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. 1215 - 597 to amend the Carlsbad Municipal Code to replace remaining references to “vice-mayor” with “Mayor Pro Tern.” ITEM EXPLANATION: To make the Carlsbad Municipal Code more reflective of State Government Code terminology, the City Council previously replaced the term “Vice-Mayor” with that of “Mayor Pro Tern.” While the designation of “Mayor Pro Tern” has been used for a number of years, it was recently determined that term “Vice Mayor” still existed in certain sections of the Municipal Code. In an effort to update the entire Municipal Code, the City Attorney’s Office conducted an electronic word search for the term “vice-mayor.” The attached Ordinance updates those sections of the Code that still reference “vice-mayor” and replaces them with “Mayor Pro Tern.” FISCAL IMPACT: There is no fiscal impact associated with the introduction or adoption of this Ordinance. ENVIRONMENTAL REVIEW: This technical cleanup amendment is a ministerial act, statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(l). EXHIBITS: 1. Ordinance No. /vs - 577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-59 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPLACING REMAINING MUNICIPAL CODE REFERENCES TO “VICE-MAYOR” WITH “MAYOR PRO TEM” WHEREAS, to make the Municipal Code more reflective of State Government Code terminology, the City Council previously replaced the term “Vice- Mayor” with that of “Mayor Pro Tern.” WHEREAS, it was recently determined that term “Vice-Mayor” still existed in certain sections of the Municipal Code; and WHEREAS, in an effort to update the entire Municipal Code, the City Attorney’s Office conducted an electronic word search of the Municipal Code for the term “Vice-Mayor.” WHEREAS, to replace the remaining references of the term “Vice-Mayor’ with that of “Mayor Pro Tern,” the City Council desires to amend certain sections of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Section 1.20.090 of the Carlsbad Municipal Code is amended to read as follows: “I .20.090 Quorum. Three members of the council shall constitute a quorum for the transaction of business. Motions may be passed by a majority of the quorum, but ordinances and resolutions granting franchises or authorizing the payment of money require at least three affirmative votes. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor, mayor pro tern or any member of the council shall adjourn such meeting, or if no member of the council is present, the city 1 of 3 of Ordinance No. Ns-597 clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the council, when a member of the council is disqualified due to a conflict of interest, his presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of non-interested council members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum.” 7 8 9 10 11 12 18 /II 5 3. That Section I .20.120 of the Carlsbad Municipal Code is amended 6 to read as follows: “1.20.120 Call to order-Presidinq officer. The mayor, or in his absence the mayor pro tern, shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor and may pro tern, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the council members present. Upon the arrival of the mayor or mayor pro tern, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the council. Whenever the term “mayor” is used in this chapter, and the mayor is absent, it shall apply equally to the mayor pro tern, and if he is also absent, to the presiding officer elected pursuant to this section.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 19 II Ill 20 Ill 21 Ill 22 23 Ill 24 25 Ill Ill 26 II Ill 27 28 I/ 2 of 3 of Ordinance No. NS-597 II : : 1 1 . c i t E 1c 11 12 18 19 20 21 22 23 24 25 26 27 28 be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 10th day of JULY ,2001, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney 3 of 3 of Ordinance No. NS-597 CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (seal) REDLINE/STRIKEOUT VERSION 1.20.090 Quorum. Three members of the council shall constitute a quorum for the transaction of business. Motions may be passed by a majority of the quorum, but ordinances and resolutions granting franchises or authorizing the payment of money require at least three affirmative votes. Less th rom time to time. Where there is no quorum, the mayor, 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 council, when a member of the council is disqualified due to a conflict of interest, his presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of noninterested council members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum.” 1.20.120 Call to order-Presidinq officer. The mayor, or in his absence the v&-m+er , shall take the chair at the hour appointed for the absence of the mayor and w to order, whereupon a temporary presi nd shall call the council to order. In the the city clerk shall call the council members present. Upon the arrival of the mayor or vise-rwagcer temporary presiding officer shall relinquish the chair at the cone then before the council. Whenever the term “mayor” mayor is absent, it shall apply equally to the &+mayer ,m also absent, to the presiding officer elected pursuant to this section.”