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HomeMy WebLinkAbout2002-04-16; City Council; 16723; Amendment To CMC Regarding Tie VotesAB# 16.723 MTG. 4-16-02 DEPT. Clerk CITY OF CARLSBAD - AGENDA BILL m: AMENDMENT TO THE CARLSBAD MUNICIPAL CODE REGARDING TIE VOTES 5 1 DEPT. HD. I CITYATTY. CITY MGR RECOMMENDED ACTION: Adopt 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: Ordinance No. NS-626 was introduced and first read at the City Council meeting held on April 9, 2002. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 16,715 on file with the City Clerk, EXHIBITS: 1. Ordinance No. NS-626. : i 1 E f I E E 1c 11 li 12 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 20 I 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 j ordain as follows: 1 SECTION I: That section 1.20.370 of the Carlsbad Municipal Code is amended to read as follows: “1.20.370 lie 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 applications 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 afler 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 afler its adoption, I INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day of NRIL ,2002, and thereafter Ill Ill Ill Ordinance NS 2002-626 Page 1 of 2 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 16th day of APRIL , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY n dd-R. L RONALD R. BALL, City Attorney +/e. -. ATTEST: (SEAL) KAREN R. KUNDTZ, Assistant City Clerk Ordinance NS 2002- 626 Page 2 of 2