HomeMy WebLinkAbout2005-03-08; City Council; 18010; Amending Chapter 1.20 of Municipal Code1 I 5 CITY OF CARLSBAD -AGENDA BILL
AB # 18,010
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DEPT. CLK
DEPT. HD.4b e ADOPTION OF ORDINANCE NO. NS-744 AMENDING ClTy ATTY. CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE
RECOMMENDED ACTION:
Adopt Ordinance No. NS-744 amending Chapter 1.20 of the Carlsbad Municipal Code by
the Amendment of Sections 1.20.020, 1.20.110, 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:
Ordinance No. NS-744 was introduced and first read at the City Council meeting held on
March 1, 2005. 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. 17,997 on file with the City Clerk.
EXHIBIT:
1. Ordinance No. NS-744.
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, 1.20.110, 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.
WHEREAS, to make the Municipal Code more reflective of current
Council Meeting practices and modern technology capabilities; and
WHEREAS, in an effort to update Chapter 1.20 of the Municipal Code,
the City Clerk’s office conducted an evaluation of current terminology contained
Nithin the Carlsbad Municipal Code and determined that some terms were outdated.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as 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 Meetinas
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 1.20.1 10 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 1. 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. 1213 5 2 (part),
1979)”
4. That Section 1.20.1 50 of the Carlsbad Municipal Code is amended to read
as follows:
“1.20.150 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. 121 3 3 2
(part), 1979)”
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 5 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
the City of Carlsbad on the 8th day of March , 2005, by the following
rlote, to wit:
AYES:Council Members Lewis, Hall, Packard, Sigafoose
NOES: None.
ABSENT: Kulchin
4PPROVED AS TO FORM AND LEGALITY:
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n
AlTEST:
-
A
LORRAINE M.
3RDINANCE NO. N S-744
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