HomeMy WebLinkAbout2005-09-06; City Council; 18263; Modify Existing Public Comment ProceduresAB# 18,263
MTG. 9/6/05
DEPT. CA
CITY OF CARLSBAD - AGENDA BILL
TITLE:. AMENDMENT TO TITLE I OF THE CARLSBAD
MUNICIPAL CODE AMENDING SECTIONS 1.20.290 AND
1.20.305 TO MODIFY THE EXISTING PUBLIC COMMENT
PROCEDURES
9
DEPT. HD.
CITY ATTY. &
CITYMGR.
RECOMMENDED ACTION:
Introduce Ordinance No. . NS-770 amending Section 1.20.290(c) and Section 1.20.305(c)
of the Carlsbad Municipal Code to modify the public comment procedures relating to
persons desiring to address the City Council at the Council meetings.
ITEM EXPLANATION:
An anonymous speaker wished to address the Council recently and our municipal code did
not provide a process for those who wish to remain anonymous to address the Council.
These amendments allow for the City Attorney to determine whether or not the municipal
code procedures may be waived in the event an anonymous speaker wishes to comment at
Council meetings.
FISCAL IMPACT:
None.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21 065 and CEQA Guidelines 15378, this ordinance
does not constitute a “project” within the meaning of CEQA and, therefore, does not require
environmental review.
EXHl BITS:
1. Ordinance No. NS-770
2. Redline
DEPARTMENT CONTACT:
Ronald R. Ball, 434-2891
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ORDINANCE NO. NS-770
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING SECTIONS 1.20.290
AND 1.20.305 OF THE CARLSBAD MUNICIPAL CODE TO
MODIFY THE EXISTING PUBLIC COMMENT PROCEDURES
The City Council of the City of Carlsbad, California does ordain as
follows:
SECTION I: That section 1.20.290(c) of the Carlsbad Municipal
Code is amended to read as follows:
“(c) Each person desiring to address the council shall approach the
podium, state the subject he/she wishes to discuss, city of residence, and hidher
name and/or party he/she is representing (unless otherwise determined by the city
attorney to be unnecessary). Speaker’s remarks are limited to five minutes unless
further time is granted by the mayor with the consent of the council. All remarks
shall be addressed to the council as a whole and not to any member thereof. No
questions shall be asked of a council member or a member of the city staff without
obtaining the permission of the presiding officer. The presiding officer shall not
permit any communication, oral or written, to be made or read where it does not
bear directly on the agenda item then under discussion.”
SECTJON 2: That section 1.20.305(b) of the Carlsbad Municipal
Code is amended to read as follows:
“(b) Speakers shall be limited to three minutes each with the total
time for all speakers not to exceed fifteen minutes unless additional time is
granted by majority vote of the council. Anyone desiring to speak shall reserve
time at the meeting by filing a written request with the city clerk. Speakers will be
called in the order reserved within the available time. The mayor with the
consent of the council may, if time permits, allow persons to speak who have not
filed a written request to reserve time.”
SECTION 3: That section 1.20.305(c) of the Carlsbad
Municipal Code is amended to read as follows:
“(c) Each person desiring to address the council shall approach the
podium, state the subject helshe wishes to discuss, city of residence, and hidher
name and/or party he/she is representing (unless otherwise determined by the
city attorney to be unnecessary). All remarks shall be addressed to the council as
a whole and not to any member thereof. No questions shall be asked of a council
member or a member of the city staff without obtaining the permission of the
presiding officer. The presiding officer shall not permit any communication, oral or
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vritten, to be made or read where it is not within the subject matter jurisdiction of
he city council.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after
ts adoption, and the City Clerk shall certify the adoption of this ordinance and
:awe it to be published at least once in a newspaper of general circulation in the
Xy of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
2arlsbad City Council on the 6th of SEPTEMBER ,2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
, 2005, by the following he City of Carlsbad on the
iote, to wit:
4ye5:
YOES:
4BSENT:
day of
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
REDLINE VERSION
1.20.290(c) Each person desiring to address the council shall approach the
podium, k , state the subject he/she
wishes to discuss, city of residence, and hidher name and/or party he/she
is representing [unless otherwise determined bv the city
attorney to be unnecessary).
T Speaker’s remarks are limited to five minutes
unless further time is wanted by the mayor with the consent of the council.
All remarks shall be addressed to the council as a whole and not to any member
thereof. No questions shall be asked of a council member or a member of the city
staff without obtaining the permission of the presiding officer. The presiding officer
shall not permit any communication, oral or written, to be made or read where it
does not bear directly on the agenda item then under discussion.
..
1.20.305(b) Speakers shall be limited to three minutes each with the total time for
all speakers not to exceed fifteen minutes unless additional time is granted by
majority vote of the council. Anyone desiring to speak shall reserve time at the
meeting by filing a written request with the city clerk. Speakers will be called in the
order reserved within the available time. The mayor with the
consent of the council may, if time permits, allow persons to speak who have not
filed a written request to reserve time.
..
1.20.305(c) Each person desiring to address the council shall approach the
podium, state the subiect he/she wishes to discuss, city of residence, and
hislher name andlor party helshe is representing (unless otherwise
determined by the city attorney to be unnecessary)
f. All remarks shall
be addressed to the council as a whole and not to any member thereof. No
questions shall be asked of a council member or a member of the city staff without
obtaining the permission of the presiding officer. The presiding officer shall not
permit any communication, oral or written, to be made or read where it dees is not
jurisdiction of the city council.
.. ..
within the subject matter