HomeMy WebLinkAbout2004-06-15; City Council; 17668; CMC amendmentCITY OF CARLSBAD - AGENDA BILL @
AB# 17,668
MTG. 6/15/04
DEPT. CA
TITLE: DEPT. HD.
AMENDMENT OF THE CARLSBAD MUNICIPAL CODE
TO BE IN COMPLIANCE WITH THE GOVERNMENT
CODE
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No. NS-709
ITEM EXPLANATION:
Senate Bill 1326, which enacted the Local Government Omnibus Act of 2002, changed
Government Code section 36936 from requiring three votes for passage of resolutions and
orders for the payment of money to a majority of the membership of the City Council.
Unfortunately, in changing the vote requirement it also inadvertently changed the normal rule
in most general law cities from a majority of the quorum to a majority of the membership for
all resolutions. The League of California Cities attempted to have the wording of
Government Code section 36936 changed, but has been unsuccessful thus far. It is now
necessary to amend section 1.20.090 of the Municipal Code to conform to the change made
to Government Code section 36936.
Additionally, section 1.20.480 of the Municipal Code has been amended to add reviewing a
videotape of the meeting to allow an absent Council Member to participate in a decision.
FISCAL IMPACT:
None.
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-709
2. Redline
Department Contact: Ronald R. Ball, 434-2891
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ORDINANCE NO. NS- 709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING SECTIONS
1.20.090 AND 1.20.480 OF THE CARLSBAD MUNICIPAL
CODE TO BRING IT INTO COMPLIANCE WITH THE
CALIFORNIA GOVERNMENT CODE.
The City Council of the City of Carlsbad, California does ordain as
follows:
SECTION 1 : That section 1.20.090 of the Carlsbad Municipal Code is
amended to read as follows:
“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, resolutions, and orders for 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 tem 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.”
SECTION 2: That section 1.20.490 of the Carlsbad Municipal Code is
amended to read as follows:
“1.20.480 Public Hearing-Decision.
(a) The city council shall consider all evidence properly before them in
accordance with this chapter. The council shall then indicate its intended decision and
instruct the city attorney to return with the documents necessary to effect that decision
including findings as may be appropriate to the matter. Upon return of such documents,
the council shall determine if the findings are supported by the evidence before it at the
hearing, and if the decision is supported by the findings, and after making any changes
render its decision by taking action on the documents. The city council’s decision is not
final until adoption of the documents.
(b) A council member who was absent from all or a part of a public
hearing shall not participate in a decision on the matter unless he has examined all the
evidence including listening to a recording of the oral testimony or reviewing a
Ordinance No. NS -709 1 of2
videotape of the proceedings and can represent that he has a full understanding of the
matter.”
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 15th day of June , 2004, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
, 2004, by the following vote, to City of Carlsbad on the
wit:
day of
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
Ordinance No. NS -709 2of2
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
REDLINE 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,
for 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 tem 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.
.. Aresolutions and orders -
1.20.480 Public hearing--Decision.
(a) The city council shall consider all evidence properly before them in
accordance with this chapter. The council shall then indicate its intended decision
and instruct the city attorney to return with the documents necessary to effect
that decision including findings as may be appropriate to the matter. Upon return
of such documents, the council shall determine if the findings are supported by
the evidence before it at the hearing, and if the decision is supported by the
findings, and after making any changes render its decision by taking action on
the documents. The city council’s decision is not final until adoption of the
documents.
shall not participate in a decision on the matter unless he has examined all the
evidence including listening to a recording of the oral testimony or reviewing a
videotape of the proceedings and can represent that he has a full
understanding of the matter.
(b) A council member who was absent from all or a part of a public hearing