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HomeMy WebLinkAbout2012-11-27; City Council; 21055; Amending Municipal Code Meetings of City CouncilCITY OF CARLSBAD - AGENDA BILL 10 AB# 21.055 AMENDING CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL DEPT. DIRECTOR MTG. 11/27/12 AMENDING CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL CITY ATTORNEY DEPT. CA AMENDING CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL CITY MANAGER RECOMMENDED ACTION: Introduce Ordinance No. cs-i95 amending Chapter 1.20 ofthe Carlsbad Municipal Code regarding meetings ofthe City Council. Adopt Resolufion No. 2012-259 establishing regular meetings of the City Council by calendar attached as Exhibit A. ITEM EXPLANATION: The current requirement for regular meefings ofthe City Council is established by ordinance under CMC secfion 1.20.010 and is to hold meefings on the first four Tuesdays of each month. During the past several years, some regular meefings ofthe City Council have been unnecessary and a better way to schedule the regular meefings ofthe City Council and to notify the public of regular meefings is to establish those meefings by an annual calendar adopted by a resolufion ofthe City Council. The Ralph M. Brown act requires the City Council to adopt by ordinance or resolution a schedule for the fime and place for holding regular meefings. (Government Code § 54954) Resolufion No. 2012-259 establishes the regular meefings of the City Council for calendar year 2013. If necessary, this regular meefings schedule can be changed by adopting a subsequent resolufion of the City Council. Such a procedure is more efficient and less fime consuming than amending the ordinance. In addition, special meefings ofthe City Council can be scheduled when necessary by providing at least 24 hours notice before the special meeting and providing nofice to each local newspaper of general circulafion and radio and television station that have requested notice in writing or such other means as required by the City Council. In addifion, there are a few clean up provisions to the ordinance. Both regular and special meetings are required to be placed on the City's website. This has been the City's practice for a number of years but it has not been made an express part of the ordinance. These requirements are specified in secfions 1.20.020 for special meefings and secfions 1.20.010 and 1.20.060 for regular meefings. DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE REPORT/PRESENTATION OTHER-SEE MINUTES • • FISCAL IMPACT: There is no significant fiscal impact as a result of adopfion of this ordinance or resolution. ENVIRONMENTAL IMPACT: The adoption of this ordinance and the associated resolution setting forth the calendar for regular meefings are not projects within the meaning of CEQA (Public Resources Code §21065) and no further environmental review is necessary. EXHIBITS: 1. Ordinance No. cs-195 2. Resolufion No. 2012-259 , with attached Exhibit "A" 3. Redline and Amended CMC sections 1.20.010, 1.20.020 and 1.20.060 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 ORDINANCE NO. cs-195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULAR MEETINGS ^ NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows: SECTION 1: That secfion 1.20.010 of the Carlsbad Municipal Code is amended to read as follows: 1.20.010 - Regular meetings. The city council shall hold regular meetings on the dates and times specified by resolufion of the city council. If by reason of fire, flood or other emergency, it is unsafe to meet in the council chambers, the meefings may be held for the duration of the emergency at such other place as is designated by the mayor, or, if he should fail to act, by three members of the city council. When the day for any regular meeting falls on a legal holiday, such meefing shall be held at the same hour and place on the next succeeding day not a holiday or such other fime as designated by the city council. SECTION 2: That section 1.20.020 ofthe Carlsbad Municipal Code is amended to read as follows: 1.20.020 - Special meetings. Special meefings may be called at any time by the mayor or three members of the city council by delivering personally or by mail, facsimile, or electronic mail, written nofice to each council member and to each local newspaper of general circulafion, radio or television station having filed written request for such notice. Such notice must be delivered personally, or by mail, facsimile, or electronic mail, at least twenty-four hours before the time of such meeting as specified in the notice. The nofice of the special meefing shall also be placed on the city's website. The call and nofice shall specify the fime and place of the special meefing and the business to be transacted. No other business shall be considered at such meefings. Such written notice may be dispensed with as to any council member who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram, facsimile, or electronic mail. Such written nofice may also be dispensed with as to any council member who is actually 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 present at the time it convenes. The call and notice shall be posted at least twenty- four hours prior to the special meefing on the council chambers door. SECTION 3: That secfion 1.20.060(f) ofthe Carlsbad Municipal Code is amended to read as follows: 1.20.060 - Council agenda. (f) At least 72 hours before a regular meeting, the city clerk shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general descripfion of an item generally need not exceed 20 words. The agenda shall specify the fime and locafion of the regular meefing and shall be posted at City Hall and at the meefing place if not City Hall. The agenda shall also be placed on the city's website. The city clerk shall prepare and file a signed declaration of the time and place of posting and a certified copy of the posted agenda. Except as provided in subsection (h) of this section no business shall be transacted or discussed at the meefing on any item not appearing on the posted agenda. A direcfion of the mayor with the consent of the council to refer a matter raised by a member of the public to staff for a report or to place a matter on a future agenda shall not constitute acfion. // // // // // // // // // // // // // 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 adopfion; and the city clerk shall certify the adopfion of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meefing ofthe Carlsbad City Council on the 27* day of November, 2012, and thereafter PASSED AND ADOPTED at a regular meefing of the City Council of the City of Carisbad on the day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Cleri< 7. 1 RESOLUTION NO. 2012-259 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A SCHEDULE ^ OF DATE AND LOCATION FOR REGULAR MEETINGS OF 4 THE CITY COUNCIL FOR CALENDAR YEAR 2013 5 WHEREAS, the Ralph M. Brown Act provides for setting regular meefings of the 6 City Council by ordinance or resolution; and 7 WHEREAS, the City Council desires to establish those regular meefings by 8 ^ resolufion in order to permit the orderly conduct of the people's business; and jQ WHEREAS, establishing an annual calendar by resolufion and posfing it on the 11 City's website shall enhance and increase nofice to the public; and 12 WHEREAS, such procedures shall be followed annually establishing regular meefing schedule for the year next succeeding; and WHEREAS, the establishment of regular meetings annually by resolufion shall eliminate the necessity of amending an ordinance each time there is a change of regular meetings fime or location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 14 15 16 17 18 19 20 21 2. That regular meefings of the City Council shall be established by adopfion of an annual calendar. 22 23 3. The annual meefing schedule for regular meefings of the City Council for calendar year 2013 shall be as set forth on Exhibit A to this resolution. 24 " 25 26 27 28 // // // 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 PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council of the City of Carisbad on the 27th day of November, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard None. ABSENT: None. LORRAfNE ICJAi^pD, Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 1 2 3 4 5 3 4 5 6 7 8 9 3 4 5 6 7 8 9 6 7 8 9 10 11 12 10 11 12 13 14 15 16 10 11 12 13 14 15 16 13 14 15 16 17 18 19 17 18 19 20 21 22 23 17 18 19 20 21 22 23 20 21 22 23 24 25 26 24 25 26 27 28 24 25 26 27 28 29 30 27 28 29 30 31 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 1 2 3 4 5 6 7 14 15 16 17 18 19 20 11 12 13 14 15 16 17 8 9 10 11 12 13 14 21 22 23 24 25 26 27 18 19 20 21 22 23 24 15 16 17 18 19 20 21 28 29 30 31 25 26 27 28 29 30 31 22 23 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Denotes City Holiday City Council Recess City Council Meeting at Faraday Administration Building, 1635 Faraday Avenue, Carlsbad, CA 92008 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER City Council Meeting at 1200 Carlsbad Village Drive, Carlsbad, CA 92008 APRIL MAY JUNE 2 0 1 3 Council Meeting Calendar Please visit the city website for official meeting notices. JANUARY FEBRUARY MARCH 1.20.010 - Regular meetings. The citv council shall hold reoular meefings on the dates and times specified by resolution of the city council. The city council shall hold rogulnr mnr^fingr. nn thn firr.t four Tuesdays of oach month at tho hour of 6:00 p.m., in tho council chamboro at tho City Hall, 1200 Carisbad Villago Drivo, Carlsbad, or such othor placo to which a moofing is adjournod. If by reason of fire, flood or other emergency, it is unsafe to meet in the council chambers, the meefings may be held for the duration of the emergency at such other place as is designated by the mayor, or, if he should fail to act, by three members of the city council. When the day for any regular meeting falls on a legal holiday, such meefing shall be held at the same hour and place on the next succeeding day not a holiday or such other fime as designated by the city council. 1.20.020 - Special meetings. Special meefings may be called at any fime by the mayor or three members of the city council by delivering personally or by mail, facsimile, or electronic mail, written nofice to each council member and to each local newspaper of general circulation, radio or television station having filed written request for such nofice. Such nofice must be delivered personally, or by mail, facsimile, or electronic mail, at least twenty-four hours before the fime of such meeting as specified in the notice. The nofice of the special meetina shall also be placed on the city's website. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any council member who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be given by telegram, facsimile, or electronic mail. Such written notice may also be dispensed with as to any council member who is actually present at the fime it convenes. The call and nofice shall be posted at least twenty-four hours prior to the special meefing on the council chambers door. 1.20.060 - Council agenda (f) At least 72 hours before a regular meefing. Tthe city clerk shall post4he an agenda containing a brief general descripfion of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted at City Hall and at the meeting place if not City Hall. The agenda shall also be placed on the city's website, on tho council chamber doors at loast sovonty two hours boforo a regular council mooting. The city clerk shall prepare and file a signed declaration of the time and place of posting and a certified copy of the posted agenda. Except as provided in subsection (h) of this section no business shall be transacted or discussed at the meeting on any item not appearing on the posted agenda. A direction of the mayor with the consent of the council to refer a matter raised by a member of the public to staff for a report or to place a matter on a future agenda shall not constitute action.