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HomeMy WebLinkAbout2008-06-24; City Council; 19496; Reinstituting The Majority Of The QuorumCITY OF CARLSBAD - AGENDA BILL 19.496AB# MTG. 6/24/08 DEPT. Clerk AMENDMENT TO CARLSBAD MUNICIPAL CODE REINSTATING THE MAJORITY OF THE QUORUM FOR THE CONDUCT OF BUSINESS DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-001 amending Sections 1.20.090 and 1.20.520 of the Carlsbad Municipal Code by reinstituting the majority of the quorum decision making process for all matters of local concern. ITEM EXPLANATION: Ordinance No. CS-001 was introduced and first read at the City Council meeting held on June 17, 2008. The second reading allows the City Council to adopt the ordinance, which would then become effective upon completion of the legal process of incorporation or in thirty days, whichever is later. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,480 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-001. 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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED apa D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO. CS-001 2 | AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REINSTATING 3 THE MAJORITY OF THE QUORUM AND AMENDING 4 SECTIONS 1.20.090 AND 1.20.520 OF THE CARLSBAD MUNICJPALCQDE 5 6 WHEREAS, the voters of the City of Carlsbad at the June 3, 2008 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 will10 have plenary authority to legislate matters of local concern notwithstanding general11 12 13 14 19 20 21 22 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. NOW, THEREFORE, the City Council of the City of Carlsbad ordains 23 as follows: 24 SECTION 1: That sections 1.20.090 and 1.20.520 of the Carlsbad 25 Municipal Code are amended to read as follows: 26 27 /// 28 -1 - 1 1.20.090 Quorum. 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 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 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- 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 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 , 2008, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24tb day of June , 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorne ATTEST: rk -3-