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HomeMy WebLinkAbout2004-06-22; City Council; 17689; Ordinance NS-709AB 17,689 MTG. 6-22-04 DEPT. CLK RECOMMENDED ACTION: ADOPTION OF ORDINANCE NO. NS-709 AMENDING SECTIONS 1.20.090 AND 1.20.480 OF THE CARLSBAD MUNICIPAL CODE TO BRING IT INTO COMPLIANCE WITH THE CALIFORNIA GOVERNMENT CODE Adopt Ordinance No. NS-709 amending Sections 1.20.090 and 1.20.480 of the Carlsbad Municipal Code to bring these sections into compliance with the California Government Code requirement for a majority vote of the membership for all resolutions. ITEM EXPLANATION: Ordinance No. NS-709 was introduced and first read at the City Council meeting held on June 15, 2004. 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. 17,668 on file with the City Clerk. EXHIBIT: 1. Ordinance No. NS-709. DEPARTMENT CONTACT: Isabelle Paulsen (760) 434-2809, iDaul@ci.carlsbad.ca.us 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 I .20.490 of the Carlsbad Municipal Code is amended to read as follows: “1.20.480 Public Hearinq-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 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 videotape or other electronic medium of the proceedings and can represent that he or she 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 City of Carlsbad on the 22nd day of June , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None APPROVED AS TO FORM AND LEGAL ROMLD R. BALL, City Attorney 6/a3/&. -1TY ATTEST: A / I M. WOOD, City Clerk Ordinance No. NS -709 2of2