HomeMy WebLinkAbout2008-09-23; City Council; 19591; Amending Carlsbad Municipal Code by Adding Section 1.20.610CITY OF CARLSBAD - AGENDA BILL 8
AB# 19.591
MTG. 09/23/08
DEPT. nA
Amending Carlsbad Municipal Code by
Adding Section 1,20.610
DEPT. HEAD
CITY ATTY. (f&^
CITY MGR. U/ —
RECOMMENDED ACTION:
CS-009 amending the Municipal Code by adding sectionIntroduce Ordinance
1.20.610 regarding the effective date of ordinances.
ITEM EXPLANATION:
General law cities must follow the requirements of Government Code Section 36937 regarding
the effective date of ordinances and the circumstances under which an ordinance can take
effect on an urgency basis. Now that the voters of the City of Carlsbad have determined to
change the powers and duties of the City by adopting a City Charter at the election of Tuesday,
June 3, 2008, the City Council can make its own determination regarding the effective date of
ordinances and the circumstances for determining whether or not an ordinance should take
effect on an urgency basis.
The proposed amendment to the Carlsbad Municipal Code specifies that all ordinances shall
take effect 30 days after their final adoption unless they meet certain criteria which would
necessitate their adoption on an urgency basis. This means that the City Council, and not the
State, determines if an ordinance should be adopted immediately in order to avoid an
unnecessary expenditure or loss of city funds or if a delay would adversely affect the public
health, safety or general welfare.
FISCAL IMPACT:
Adoption of this ordinance would allow the City to expedite ordinances in order to avoid any
unnecessary expenditure of city funds which would have a potential cost savings in an
undetermined amount.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental
Quality Act) pursuant to Public Resources Code Section 21065 in that the proposed ordinance
would not cause any direct physical change in the environment.
EXHIBITS:
1.Ordinance No.CS-009
DEPARTMENT CONTACT: Ron Ball (760) 434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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1 ORDINANCE NO. CS-009
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADDING
3 SECTION 1.20.610 TO THE CARLSBAD MUNICIPAL
4 CODE
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WHEREAS, the voters of the City of Carlsbad at the June 3, 2008
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election voted to change the powers and duties of the City by adopting a City7
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Charter; and
WHEREAS, the Charter grants the City Council plenary authority to
legislate matters of local concern notwithstanding general laws to the contrary; and
WHEREAS, prior to the City adopting the Charter, state legislature
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enacted Government Code section 36937 which sets forth the effective date of a city
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ordinance; and
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WHEREAS, now that Carlsbad is a Charter City it will no longer be1 D
bound by this state law; and
WHEREAS, the City Council wishes to expand upon the provisions of
the state law by allowing the City Council rather than the State Legislature to
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determine when it is in the best interest of the City of Carlsbad and its residents for
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an ordinance to be adopted on an urgency basis; and
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WHEREAS, section 1.20.610 must be added to the Carlsbad Municipal
Code to reflect this change.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
26 SECTION I: That section 1.20.610 is added to the Carlsbad Municipal
27 Code to read as follows:
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1 1.20.610 Ordinances - Effective date.
2 Ordinances will take effect 30 days after their final passage. An
3 ordinance may take effect immediately upon passage if it is an
ordinance:
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A. Relating to an election.
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B. Relating to street improvement proceedings.6
7 C. Relating to taxes for the usual and current expenses of the City
of Carlsbad.
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D. Covered by a particular provision of law or charter prescribing
9 the manner of its passage and adoption.
E. In any other instance, if a majority of the City Council
determines that there is an urgent need to adopt an ordinance which
is effective immediately and a delay in the effective date would
12 constitute an unnecessary expenditure or loss of City funds or
otherwise adversely affect the public health, safety or general
13 welfare then the ordinance will take effect immediately upon its final
14 passage.
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INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council on the 23rd day of September , 2008, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of
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the City of Carlsbad on the day of , 2008, by the following10
vote, to wit:
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.
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
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20 CLAUDE A. LEWIS, Mayor
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23 ATTEST:
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RONALD R. BALL, City Attorney
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(Seal)
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LORRAINE M. WOOD, City Clerk