HomeMy WebLinkAbout2008-10-07; City Council; 19600; Amendment to Municipal CodeCITY OF CARLSBAD - AGENDA BILL
AB# 19.600
MTG. 10/07/08
DEPT. Clerk
AMENDMENT TO CARLSBAD MUNICIPAL CODE
THE EFFECTIVE DATE OF ORDINANCES
DEPT. HEA
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-009 amending Section 1.20.610 of the Carlsbad Municipal Code
regarding the effective date of Ordinances.
ITEM EXPLANATION:
Ordinance No. CS-009 was introduced and first read at the City Council meeting held on
September 23, 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. 19,591 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-009.
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WITHDRAWN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
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1
2
3
4 CODE
5 ,,
WHEREAS, the voters of the City of Carlsbad at the June 3, 2008
6
election voted to change the powers and duties of the City by adopting a City
8
9
10
16
17
23
24
25
ORDINANCE NO. CS-009
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADDING
SECTION 1.20.610 TO THE CARLSBAD MUNICIPAL
Charter; and
WHEREAS, the Charter grants the City Council plenary authority to
legislate matters of local concern notwithstanding general laws to the contrary; and
11 WHEREAS, prior to the City adopting the Charter, state legislature
12
enacted Government Code section 36937 which sets forth the effective date of a city
13
ordinance; and
14
WHEREAS, now that Carlsbad is a Charter City it will no longer be
10
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
19
18
determine when it is in the best interest of the City of Carlsbad and its residents for
20
an ordinance to be adopted on an urgency basis; and
21
WHEREAS, section 1.20.610 must be added to the Carlsbad Municipal22
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:
28
-1 -
1
2
3
ordinance:
4
A. Relating to an election.
5
B. Relating to street improvement proceedings.
C. Relating to taxes for the usual and current expenses of the City
of Carlsbad.
8
D. Covered by a particular provision of law or charter prescribing9
12
13
27
28
1.20.610 Ordinances - Effective date.
Ordinances will take effect 30 days after their final passage. An
ordinance may take effect immediately upon passage if it is an
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
constitute an unnecessary expenditure or loss of City funds or
otherwise adversely affect the public health, safety or general
welfare then the ordinance will take effect immediately upon its final
14 passage.
15
16
17
18 '"
19
20
21
22
23
24
25
26 '"
///
///
///
///
///
///
-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 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.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 23rd day of September. 2008, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 7%Jay of October. 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
ROTJALD R. BALL City Attorney
layor
ATTEST:
LORRAINE M. WOOD, City Clerk
(Seal)
-3-