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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 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- 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