HomeMy WebLinkAbout2002-04-09; City Council; 16715; Amendment to the Municipal Code re: Tie VotesCITY OF CARLSBAD - AGENDA BILL b
LB# 16,715 DEPT. HD. m: .
4-9-02 AMENDMENT TO THE CARLSBAD MUNICIPAL CODE
1TG.
IEPT. CA
CITY Am. G= REGARDING TIE VOTES
CITY t4GR.L
RECOMMENDED ACTION:
Introduce Ordinance No. NS -626 , approving an amendment to the
City Council rules of procedure section 1.20.370 of the Carlsbad Municipal Code to
clarify the rule in the event of a tie vote.
ITEM EXPLANATION:
Pursuant to section 1.20.370 of the Carlsbad Municipal Code, a tie vote places an
item before the City Council for an unspecified amount of time thereby leaving the
matter in an indeterminate state. This amendment would specify that, in the event of
a tie vote, the matter remains before the City Council for a reasonable time, not to
exceed 60 days, after which time the matter is denied. During the 60-day period, any
member of the City Council may make a written request to have the matter restored to
the Council’s agenda.
FISCAL IMPACT:
There is no fiscal impact associated with this amendment.
ENVIRONMENTAL REVIEW
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
ordinance does not constitute a “project” within the meaning of CEQA and, therefore,
does not require environmental review.
EXHIBITS:
1. Ordinance No. NS -626
2. Redlineslstrikeout Version.
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ORDINANCE NO. NS-626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA TO AMEND SECTION
1.20.370 OF THE CARLSBAD MUNICIPAL CODE
REGARDING TIE VOTES
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That section 1.20.370 of the Carlsbad Municipal Code is
amended to read as follows:
“1.20.370 Tie Vote.
Tie votes or a vote lacking the required number of affirmative votes
shall constitute “no action,” and the matter voted upon remains before the council
and is subject to further council consideration. If the city council is unable to take
action on a matter before it because of a tie vote or the lack of the required
number of votes, the city clerk shall place the item on the next regular meeting of
the city council for further consideration except matters involving development
applicatiorls which are before the council by virtue of a recommendation or appeal
from the Planning Commission or Design Review Board, in which case if a final
decision of the city council is not reached within a reasonable time, not to exceed
60 days, the matter shall be deemed denied. During this 60-day period, any
Council Member may make a written request that the matter be restored to the
Council’s agenda.“
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
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 9th day of APRIL ,2002, and thereafter
Ill
Ill
Ill
Ordinance NS 2002-626
Page 1 of 2
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2002, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance NS 2002- 626
Page 2 of 2
REDLlNElSTRlKEOUT VERSION
“1.20.370 Tie Vote.
Tie votes or a vote lacking the required number of affirmative
votes shall constitute “no action,” and the matter voted upon remains
before the council and is subject to further council consideration. If the city
council is unable to take action on a matter before it because of a tie vote
or the lack of the required number of votes, the city clerk shall place the
item on the next regular meeting of the city council for further consideration
except matters involvina development applications which are before
the council bv virtue of a recommendation or appeal from the
Planninq Commission or Desiqn Review Board, in which case if a
final decision of the city council is not reached within a reasonable
time, not to exceed 60 davs. the matter shall be deemed denied.
Durina this 60-dav period. anv Council Member mav make a written
request that the matter be restored to the Council’s aqenda.”