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
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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 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
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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