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HomeMy WebLinkAbout2010-07-27; City Council; 20325; AMEND CODE PUBLIC HEARING TESTIMONYCITY OF CARLSBAD - AGENDA BILL 13 AB# 20,325 MTG. 7-27-10 DEPT.CLERK AMENDMENT OF MUNICIPAL CODE SECTIONS RELATING TO PUBLIC HEARING TESTIMONY DEPT. HEAD CITY ATTY. ^ CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-096. amending Chapter 1.20, Sections 1.20.290(c) and 1.20.430(d) of the Carlsbad Municipal Code regarding public hearing testimony. ITEM EXPLANATION: Ordinance No. CS-096 was introduced and first read at the City Council meeting held on July 13, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,308 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-096. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED <& DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 2 3 4 12 13 14 15 17 18 19 21 22 23 ORDINANCE NO. CS-096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 1.20.290(c) AND 1.20.430(d) REGARDING PUBLIC HEARING TESTIMONY 5 6 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION! That section 1.20.290 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 1.20.290(c) - Request to address the council on items other than listed public 11 hearing- (c) Each person desiring to address the council shall approach the podium, state the subject that he or she wishes to discuss, city of residence, and his or her name and/or party he or she is representing (unless otherwise determined by the city attorney to be unnecessary). A speaker's remarks are limited to five minutes but may be shortened to three minutes or such shorter time as appropriate under the circumstances and when announced by the mayor or at the commencement of the item when, in the opinion of the mayor or majority of the city council, the length and duration of public comments on a public hearing item would be unduly burdensome and prevent or frustrate the city council from reaching a timely decision on the matter. All remarks shall be addressed to the council as a whole and not to any member thereof. No questions shall be asked of a council member or a member of the city staff without obtaining the permission of the mayor. The mayor shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion. SECTION 2: That section 1.20.430 of the Carlsbad Municipal Code is amended to read as follows: 24 1.20.430(d) - Public Hearings - Procedure 25 (d) An individual speaker shall be allowed five minutes to address the 26 city council except it may be shortened to three minutes or such other time limit as appropriate when announced by the mayor at the 27 commencement of the public hearing when, in the opinion of the mayor 28 or majority of the city council, the length and duration of the public -1 - 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 testimony would be unduly burdensome and prevent or frustrate the city council from reaching a timely decision on the matter. In addition: (1) A written request to speak shall not be required; (2) The time limit for groups shall be twenty minutes; (3) The applicant shall have twenty minutes. -2- , -i 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 13th day of July, 2010, and thereafter PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 27th day of July, 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: uJL^g, RONAlD R. BALL,,Crty Attorney ~7/ , Mayor ATTEST: ILORR^NE M. W f(Sea\)(j -3-