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Home My WebLink About2008-05-13; City Council; 19441; Amendment to CMC Sec. 1.2 City Council ProcedureCITY OF CARLSBAD - AGENDA BILL AB# 19,441 MTG. 5/13/08 DEPT. Clerk AMENDMENT TO CARLSBAD MUNICIPAL f*f\T\C OC^TIfNtl A OACODE SECTION 1.20 — CITY COUNCIL PROCEDURE DEPT. HEAD ^ CITY ATTY. U CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-887 amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time the items are distributed to the City Council. ITEM EXPLANATION: Ordinance No. NS-887 was introduced and first read at the City Council meeting held on May 6, 2008. 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. 19,427 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. NS-887. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 0-a D Da CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Dao D 1 ORDINANCE NO. NS-887 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AMEND SECTION 1.20.0603 4 5 6 7 amended to read as follows: 8 1.20.060 Council agenda. g (a) An agenda shall be prepared for each council meeting 10 containing the time and place of the meeting, the order of business and a general description, including the specific action requested to be taken by the council, for each item of business to be transacted or 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION I: That Section 1.20.060 of the Carlsbad Municipal Code is discussed at the meeting. Items of business may be placed on the agenda by the direction of a member of the council, the city manager or the city attorney. Council originated items shall be submitted to the city manager by Friday, twelve days prior to the scheduled council meeting. The city manager shall promptly give copies to the other members of the city council for their review and comment. Comments must be returned to the city manager by Wednesday, seven days prior to the scheduled council meeting. The city manager shall include any such comments as a part of the agenda item. If time constraints require it the mayor may approve expedited processing for a council originated item provided copies are made available to the other members of the council, the city attorney and the city manager as soon as the item is prepared and, to the extent possible, any comments received shall be incorporated. Agenda items, including ordinances, resolutions, contracts, staff reports or other matters to be submitted to the council; shall be delivered to the city clerk not later than five p.m. on the Wednesday preceding the regular meeting. The clerk shall thereafter prepare an agenda packet under the direction of the city manager. The agenda packet shall be delivered to the council members on the Friday preceding the regular meeting and shall be made available to the public at the office of the City Clerk and shall be posted on the city's website. (b) Any writings provided to all or a majority of all of the council members in connection with a matter subject to discussion or consideration at an open council meeting, are disclosable public records unless specifically exempted from disclosure pursuant to California Government Code Sections 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, 6154.22 or any other provision of law. 1 (c) Any writings or documents which relate to an open session of a regular council meeting and are distributed to the council members 2 less than 72 hours prior to that meeting, shall be made available for 3 public inspection at the office of the city clerk at the time the writing is distributed to all or a majority of all of the council members. The 4 agenda for each council meeting shall specify that writings described by this section are available at the office of the city clerk and shall list 5 the address for the office of the city clerk. (d) A binder containing all agenda related writings and documents, 7 including those described in section (c) above will be held by the deputy city clerk at each council, meeting and will be available for 8 public review. 9 (e) All agenda items, ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized -,-, representative, and shall have been examined and approved for administration by the city manager or his authorized representative, 12 where there are substantive matters of administration involved. 13 (f) The city clerk shall post the agenda on the council chamber doors at least seventy-two hours before a regular council meeting. The city clerk shall prepare and file a signed declaration of the time and 15 place of posting and a certified copy of the posted agenda. Except as provided in subsection (h) of this section no business shall be 16 transacted or discussed at the meeting on any item not appearing on the posted agenda. A direction of the mayor with the consent of the 17 council to refer a matter raised by a member of the public to staff for a 18 report or to place a matter on a future agenda shall not constitute action. 19 (g) The order of business established on the agenda shall be 20 followed unless the mayor, with the consent of a majority of the council permits a matter to be taken out of the regular agenda order. 22 (h) An agenda may be prepared for adjourned meetings in the same manner as for regular meetings, as set forth in subsection (a). 23 (i) The city council may discuss or take action on items of business 24 not appearing on the posted agenda under any of the following conditions:25 26 (1) An item has been continued by the council to a date certain from a properly posted agenda at a meeting held five days or less 27 before the date action is taken on the item. 28 (2) Upon a determination by a two-thirds vote of the council, or if less than two-thirds of the members are present a unanimous vote of 1 2 3 4 5 of the members of the council.6 7 8 9 those present that the need to take action arose after the agenda was posted (3) Upon a determination by the council that an emergency exists. For purposes of this section "emergency" means a crippling disaster, work stoppage or other activity which severely impairs public health, safety or both, where prompt action is necessary due to the disruption or threatened disruption of public facilities as determined by a majority 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. 11 12 13 14 " 15 16 17 18 a 19 20 21 22 23 24 25 26 27 28 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of May. 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of May. 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RO'NALt) R. BALL, City Attorney ATTES WOOD/City