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Home My WebLink About2008-06-17; City Council; 19480; Reinstitute the Majority of the Quorum and Amend Municipal Code Sections 1.20.090 and 1.20.520CITY OF CARLSBAD - AGENDA BILL 8 AB# MTG. DEPT. 19,480 06/17/08 CA Reinstitute the Majority of the Quorum and Amend Carlsbad Municipal Code Sections 1.20.090 and 1.20.520 DEPT. HEAD CITY ATTY. <$&- CITY MGR. (6<— •— RECOMMENDED ACTION: Introduce Ordinance CS-001 reinstituting the majority of the quorum for the conduct of business and overriding state law to the contrary. ITEM EXPLANATION: The voters of the City of Carlsbad determined to change the powers and duties of the City by adopting a City Charter at the election of Tuesday, June 3, 2008. This means that the City Council has plenary authority to legislate matters of local concern notwithstanding general laws of the State to the contrary. In 2002 the State Legislature amended Government Code section 36936 requiring all resolutions of a general law city to be adopted by a majority vote of the total membership of the city council. That change has made decision making difficult. For example, when two members of the City Council are disqualified due to a conflict of interest, decisions would need to be unanimous. This could lead to delays or postponement or even paralysis in some situations. Prior to this State law taking effect, it was the long standing policy of the City Council that a majority of the quorum was competent to make a decision. As a Charter City, Carlsbad is no longer obligated to follow this State law and it is recommended that the City Council adopt Ordinance No. CS-001 restoring the majority of the quorum decision making process for all matters of local concern. FISCAL IMPACT: Adoption of this Ordinance will facilitate decision making and may avoid the continuance of hearings, repetition of hearings, review of minutes and tapes of previous meetings and the like, avoiding unnecessary expenditures in an undetermined amount. ENVIRONMENTAL IMPACT: This action does not constitute a project as defined under CEQA (California Environmental Quality Act) pursuant to CEQA regulation 15060(c)(3). EXHIBITS: 1. 2. 3. 4. 5. Ordinance No. CS-001 Redline Version of CMC 1.20.090 Amended Version of CMC 1.20.090 Redline Version of CMC 1.20.520 Amended Version of CMC 1.20.520 DEPARTMENT CONTACT: Ron Ball (760) 434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ./ Daa a CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D 1 2 3 THE MAJORITY OF THE QUORUM AND AMENDING 4 SECTIONS 1.20.090 AND 1.20.520 OF THE 5 6 7 election voted to change the powers and duties of the City by adopting a City 8 Charter; and 9 WHEREAS, with the certification of the Charter the City Council will 10 have plenary authority to legislate matters of local concern notwithstanding general11 12 13 14 19 20 21 ORDINANCE NO. CS-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REINSTITUTING THE MAJORITY OF THE QUOF SECTIONS 1.20.090 AND CARLSBAD MUNICIPAL CODE WHEREAS, the voters of the City of Carlsbad at the June 3, 2008 laws to the contrary; and WHEREAS, prior to the City adopting the Charter, state legislature enacted Government Code section 36936 requiring all resolutions be adopted by a majority vote of the total membership of the City Council; and 16 WHEREAS, now that Carlsbad is a Charter City it will no longer be 17 bound by this state law and will restore the majority of the quorum decision making 18 process for all matters of local concern; and WHEREAS, the Carlsbad Municipal Code sections 1.20.090 and 1.20.520 must be amended to reflect this change in the decision making process. 22 as follows: NOW, THEREFORE, the City Council of the City of Carlsbad ordains 23 24 SECTION 1: That sections 1.20.090 and 1.20.520 of the Carlsbad 25 Municipal Code are amended to read as follows: 27 /// 28 -1 - 1 1.20.090 Quorum. 2 Three members of the council shall constitute a quorum for the 3 transaction of business. Motions and resolutions may be passed by a majority of the quorum but ordinances shall require a majority of the 4 membership of the City Council. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor, mayor pro 5 tern 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 7 council, when a member of the council is disqualified due to a conflict of interest, his or her presence shall not be considered in determining 8 the presence of a quorum. Consideration on such item shall be deferred until a quorum of noninterested council members are present 9 to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum. (Ord. NS-709 § 1, 2004: Ord. NS- 10 597 §2, 2001: Ord. 1213 § 2 (part), 1979) 11 12 1.20.520 Resolutions. 13 In most cases, a resolution is little more than a formal motion set forth 14 in a formal document. In some matters, such as an assessment proceeding, general plan amendment or the grant or denial of 15 variances, a resolution is required. A resolution should be required under any circumstances where it is desirable that the action be 16 formally recorded in the office of the city clerk as a numbered document which can be used for future reference. Legislative actions 17 as set forth in Section 1.20.530 should be by ordinance or resolution. 18 A majority of the quorum shall be competent to adopt any resolution. (Ord. 1213 §2 (part), 1979) 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- 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 EFFECTIVE DATE: This ordinance shall be effective upon completion of the legal process of incorporation or in thirty days, whichever is later. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17tb day of June t 2008, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -3- i b i 1.20.090 Quorum. Jhree members of the council shaN constitute a ciuorurn for the transaction of business. .Motions and resolutions may be passed by a majority of the quorum but ordinances shall require a majority of the membership of the City Council. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor, mayor pro tern 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 or her 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. (Ord. NS-709 § 1, 2004: Ord. NS-597 § 2, 2001: Ord. 1213 § 2 (part), 1979) : Font: 14 Pt Deleted: Motions may be passed by a majority of the quorum, but ordinance, resolutions and orders for the payment of money require at least three affirmative votes. 1.20.090 Quorum. Three members of the council shall constitute a quorum for the transaction of business. Motions and resolutions may be passed by a majority of the quorum but ordinances shall require a majority of the membership of the City Council. 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 or her 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. (Ord. NS-709 § 1, 2004: Ord. NS-597 § 2, 2001: Ord. 1213 § 2 (part), 1979) exhibit 1.20.520 Resolutions. In most cases, a resolution is little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding, general plan amendment or the grant or denial of variances, a resolution is required. A resolution should be required under any circumstances where it is desirable that the action be formally recorded in the office of the city clerk as a numbered document which can be used for future reference. Legislative actions as set forth in Section 1.20.530 should be by ordinance or resolution. A majority of the quorum shall be competent to adopt any resolution. (Qrd. 1213 § 2 (part), 1979) 1.20.520 Resolutions. In most cases, a resolution is little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding, general plan amendment or the grant or denial of variances, a resolution is required. A resolution should be required under any circumstances where it is desirable that the action be formally recorded in the office of the city clerk as a numbered document which can be used for future reference. Legislative actions as set forth in Section 1.20.530 should be by ordinance or resolution. A majority of the quorum shall be competent to adopt any resolution. (Ord. 1213 § 2 (part), 1979)