HomeMy WebLinkAbout2005-03-01; City Council; 17997; Amendment Chapter 1.20 of Municipal CodeAB 17,997
MTG. 3-01-05
DEPT. CLK
RECOMMENDED ACTION:
AMENDMENTS TO CHAPTER 1.20
OF THE CARLSBAD MUNICIPAL CODE CITYMGR a
Introduction of Ordinance No. NS- 744 amending Chapter 1.20 of the Carlsbad Municipal
Code by the Amendment of Sections 1.20.020, 1.20.1 IO, 1.20.150, and 1.20.170, to bring
the Chapter up to date with current Council Meeting practices and to reflect modern
technology capabilities.
ITEM EXPLANATION:
In reviewing Chapter 1.20 of the Carlsbad Municipal Code, the City Clerk's office found
certain terminology and practices not to be current. Upon evaluation of Sections 1.20.020,
1.20.1 10, 1.20.1 50, and 1.20.170, the City Clerk found that the attached revisions (Exhibit 2)
would better depict current Council Meeting practices as well as the use of modern
tech nology .
FISCAL IMPACT:
None.
EXHIBIT:
1. Ordinance No. NS- 744
2. Redline / Strike Out Version of Municipal Code.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927 scobi@ci.carlsbad.ca.us
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EXHIBIT 1
ORDINANCE NO. NS-744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 1.20
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF SECTIONS 1.20.020, 1.20.1 IO, I .20.150, AND 1.20.170,
TO BRING THE CHAPTER UP TO DATE WITH CURRENT
COUNCIL MEETING PRACTICES AND TO REFLECT
MODERN TECHNOLOGY CAPABILITIES.
WHEREAS, to make the Municipal Code more reflective of current
Zouncil Meeting practices and modern technology capabilities; and
WHEREAS, in an effort to update Chapter 1.20 of the Municipal Code,
:he City Clerk’s office conducted an evaluation of current terminology contained
tvithin the Carlsbad Municipal Code and determined that some terms were outdated.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
3s follows:
1. That the above recitations are true and correct.
2. That Section 1.20.020 of the Carlsbad Municipal Code is amended to read
as follows:
“1.20.020 Special Meetings
Special meetings may be called at any time by the Mayor or
three Members of the City Council by delivering personally or by
mail, facsimile, or electronic mail, written notice to each Council
Member and to each local newspaper of generally circulation, radio
or television station having filed a request for such notice. Such
notice must be delivered personally, or by mail, facsimile, or
electronic mail, at least twenty-four hours before the time of such
meeting as specified in the notice. The call and notice shall specify
the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meetings.
Such written notice may be dispensed with as to any Council
Member who at or prior to the time the meeting convenes files with
the City Clerk a written waiver of notice. Such waiver may be given
by telegram, facsimile, or electronic mail. Such written notice may
also be dispensed with as to any Council Member who is actually
present at the time it convenes. The call and notice shall be posted
at least twenty-four hours prior to the special meeting on the Council
Chambers door.”
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3. That Section I .20.110 of the Carlsbad Municipal Code is amended to read
as follows:
“1.20.1 10 Order of Business
1. Call to order;
2. Roll call;
3. Invocation;
4. Pledge of allegiance;
5. Approval of minutes;
6. Special presentations;
7. Consent calendar;
8. Ordinances for introduction;
9. Ordinances for adoption;
IO. Public hearings;
1 I. Adjournment to other Agency meetings;
12. Departmental and City Manager reports;
13. City Council additional business;
14. City Attorney additional business;
15. City Manager additional business;
16. Announcements;
17. Adjournment;
Public comment is provided in Section 1.20.305 will be taken during
the regular order of business at such time as the city council by
motion shall determine. All other business shall be considered in the
order shown above unless modified as provided for in this chapter.
(Ord. 1298 § 1, 1987; Ord. 1292 5 8, 1986; Ord. 1213 § 2 (part),
1979)”
4. That Section 1.20.150 of the Carlsbad Municipal Code is amended to read
as follows:
“I .20.150 Minutes
(a) The minutes of the council shall be kept by the city clerk and .* shall be electronically produced, with a record of each
particular type of business transacted set off in paragraphs,
with proper subheads; provided, that the city clerk shall be
required to make a record only if such business as was
actually passed upon a vote of the council and shall not be
required to make a verbatim transcript of the proceedings; and
provided further, that a record shall be made of the names
and addresses of persons addressing the council, the title of
the subject matter to which their remarks related and whether
they spoke in support of or in opposition to such matter.
A council member may request, through the mayor, the
privilege of having an abstract of his statement on any subject
under consideration by the council entered in the minutes. If
(b)
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there is no objection from any member of the council, such
statement shall be entered in the minutes. (Ord. 1213 § 2
(part) , 1 979)”
5. That Section 1.20.170 of the Carlsbad Municipal Code is amended to read
as follows:
“1.20.170 Recordings of Meetings
The city clerk may record city council meetings as an aid in
the preparation of minutes. If recordings are made, they shall
be retained by the city clerk until such time as the minutes
have been approved by the city council. Upon such approval
of the written minutes by the city council, the city clerk may
reuse or erase such recordings unless specifically requested
by the city council or the city attorney to retain such
recordings at the time the minutes are approved.
While the city clerk has the recordings in her possession,
members of the public may hear the recordings of the city
council meetings during office hours when it will not
inconvenience the ordinary operation of the clerk’s office; brief
or shorthand notes may be made; mechanical recordings may
be made from the recordings until the minutes are approved
unless the recording is retained according to subsection (a) of
this section; and in this connection, the city clerk is further
authorized to allow the equipment to be used by the public for
listening or recording purposes when such equipment is not
necessary for use by the city clerk in the ordinary function of
the office. Except as provided for in Chapter 1.16, unless a
request to prepare a transcript is timely submitted and
accepted, the city clerk is not authorized to provide a
transcript of any recording. The city clerk may establish rules
and regulations necessary to protect the safety of the records
against theft, mutilation or accidental damage to prevent
inspection or recording from interfering with the orderly
function of the office, and to ensure that the integrity of the
records is maintained. The city clerk may charge a fee to
cover the cost, including labor and materials, of but not limited
to providing records and administering this provision.
If any person wishes a record of the city council meeting, or
any portion thereof, a request therefore shall be filed with the
city clerk twenty-four hours prior to the meeting. If such a
request is received, the city clerk shall make arrangements to
make and preserve such a record at the expense of the
person making the request.
If any person desires to have a matter reported by a
stenographer reporter, he may employ one directly at his
expense. (Ord. NS-4 § 1. 1988; Ord. 1240 § 1. 1981; Ord.
1213 § 2 (part). 1979)”
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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 1st day of MARCH ,2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
, 2005, by the following the City of Carlsbad on the day of
iote, to wit:
AYES:
NOES:
ABSENT:
4PPROVED AS TO FORM AND LEGALITY:
3ONALD R. BALL, City Attorney
IRDINANCE NO.
4
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
1.20.020 Special Meetings
Special meetings may be called at any time by the Mayor or three Members of the
City Council by delivering personally or by mail, facsimile, or electronic mail, written
notice to each Council Member and to each local newspaper of generally circulation,
radio or television station having filed a request for such notice. Such notice must be
delivered personally, or by mail, facsimile, or electronic mail, at least twenty-four hours
before the time of such meeting as specified in the notice. The call and notice shall
specify the time and place of the special meeting and the business to be transacted. No
other business shall be considered at such meetings. Such written notice may be
dispensed with as to any Council Member who at or prior to the time the meeting
convenes files with the City Clerk a written waiver of notice. Such waiver may be given
by telegram, facsimile, or electronic mail. Such written notice may also be dispensed
with as to any Council Member who is actually present at the time it convenes. The call
and notice shall be posted at least twenty-four hours prior to the special meeting on the
Council Chambers door.
1.20.1 10 Order of business.
the following order:
The business of the council shall be taken up for consideration and disposition in
I. Call to order;
2. Roll call;
3. Invocation;
4. Pledge of allegiance;
5. Approval of minutes;
6. Special presentations;
7. Consent calendar;
8. Ordinances for introduction;
9. Ordinances for adoption;
IO. Public hearings;
11 .Adjournment to other Agency meetings;
12. Departmental and City Manager reports;
13. City Council additional business;
14. City Attorney additional business;
15. City Manager additional business;
16. Announcements;
17.Adjournment;
Public comment is provided in Section I .20.305 will be taken during the regular
order of business at such time as the city council by motion shall determine. All
other business shall be considered in the order shown above unless modified as
provided for in this chapter. (Ord. 1298 § 1, 1987; Ord. 1292 § 8, 1986; Ord. 121 3 §
2 (part), 1979)
EXHIBIT 2 b
1.20.1 50 Minutes
(a) The minutes of the council shall be kept by the city clerk and shall be
with a record of each particular type of business transacted set off in
paragraphs, with proper subheads; provided, that the city clerk shall be
required to make a record only if such business as was actually passed
upon a vote of the council and shall not be required to make a verbatim
transcript of the proceedings; and provided further, that a record shall be
made of the names and addresses of persons addressing the council, the
title of the subject matter to which their remarks related and whether they
spoke in support of or in opposition to such matter.
A council member may request, through the mayor, the privilege of having
an abstract of his statement on any subject under consideration by the
council entered in the minutes. If there is no objection from any member
of the council, such statement shall be entered in the minutes. (Ord. 1213
§ 2 (part), 1979)
electronically produced,
(b)
I .20.170 Recordings of meetings.
(a) The city clerk may tape record city council meetings as an aid in the
preparation of minutes. If hpe recordings are made, they shall be
retained by the city clerk until such time as the minutes have been
approved by the city council. Upon such approval of the written minutes
by the city council, the city clerk may reuse or erase such tape recordings
unless specifically requested by the city council or the city attorney to
retain such tapes recordings at the time the minutes are approved.
While the city clerk has the taprecordings in her possession, members of
the public may hear the tape recordings of the city council meetings during
office hours when it will not inconvenience the ordinary operation of the
clerk’s office; brief or shorthand notes may be made; mechanical
recordings may be made from the tapes recordings until the minutes are
approved unless the tape recording is retained according to subsection (a)
of this section; and in this connection, the city clerk is further authorized to
allow the
listening or recording purposes when such taadwws aw equipment is not
necessary for use by the city clerk in the ordinary function of the office.
Except as provided for in Chapter 1 .I 6, unless a request to prepare a
transcript is timely submitted and accepted, the city clerk is not authorized
to provide a transcript of any tape recording. The city clerk may establish
rules and regulations necessary to protect the safety of the records
against theft, mutilation or accidental damage to prevent inspection or
recording from interfering with the orderly function of the office, and to
ensure that the integrity of the records is maintained. The city clerk may
charge a fee to cover the cost, including labor and materials, of but not
limited to providing records and administering this provision.
(b)
. equipment to be used by the public for
(c) If any person wishes a record of the city council meeting, or any portion
thereof, a request therefore shall be filed with the city clerk twenty-four
hours prior to the meeting. If such a request is received, the city clerk shall make arrangements to make and preserve such a record at the
expense of the person making the request.
If any person desires to have a matter reported by a stenographer
reporter, he may employ one directly at his expense. 7 (d)
3. (Ord. NS-4 § 1. 1988; Ord. 1240 9 1
1981; Ord. 1213 § 2 (part). 1979)
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