CITY COUNCIL: Ordinance Amending Chapter 2.04.160 "Council Right of Review" (Second Reading)

Meeting Date: November 4, 2008
Prepared by Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Second Reading of an Ordinance amending Chapter 2.04.160 “Council Right of
Review” to require Council requests for review to be filed within 10 business days upon final action by a board, commission or committee.

Description: The current ordinance governing the right of the City Council to “call up” or review a decision or action of a City board, commission or committee was originally drafted in 1991 and has not been amended since. The current City policy requires appeals by the public to be filed with the City Clerk within 10 business days.

Overall Cost: City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the ordinance.

Important Considerations: Adopting the amendment will make the number of days required to file a Council review with the City Clerk consistent with City policy regarding public appeals.

Decision Record: City Council approved this Ordinance amending Chapter 2.04.160 on
first reading at its meeting of October 7, 2008.

Reviewed by:


______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: HEIDI BURCH, CITY CLERK
DATE: NOVEMBER 4, 2008
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2.04.160 “COUNCIL RIGHT OF REVIEW” TO REQUIRE COUNCIL REQUESTS TO BE FILED WITHIN 10 BUSINESS DAYS UPON FINAL ACTION BY A BOARD, COMMISSION OR COMMITTEE

BACKGROUND
Ordinance 91-3, adopted by City Council in March 1991, requires a review by members
of Council of a decision or action of a City board, commission or committee be filed with the City Clerk within five working days. The City’s current public appeal process allows for a filing period of 10 business days.

Amendment of Municipal Code section 2.04.160 would make all filing periods within the
City consistent with one another.

City Council considered and approved this Ordinance to amend Chapter 2.04.160 at its
meeting of October 7, 2008, and it is now returning for its second reading.

RECOMMENDATION
Adopt the Ordinance.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING SECTION 2.04.160 OF THE MUNICIPAL CODE REGARDING COUNCIL RIGHT OF REVIEW
________________________________________________________________________
WHEREAS, the ordinance regarding the Council Right of Review has not been updated
since March 1991; and;

WHEREAS, to make the number of business days required for filing a Council Right to
Review with the City Clerk consistent with current City policy of 10 business days for public appeals;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAINS AS FOLLOWS:

2.04.160 Council Right of Review
A. Upon the written request of two members of the City Council, as individuals, the City Council shall review any decision of a City board, commission, or committee. Requests made pursuant to this section must be filed with the City Clerk within five 10 (ten) working days following the date of final action by the board, commission, or committee.

B. After two members of the City Council each file a written request for Council review of a decision of a board, commission, or committee, the City Clerk, after considering whether sufficient time remains to notice the review for public hearing before a forthcoming Council meeting, shall set the date on which the Council will hold a hearing. Noticing shall be consistent with that specified in the municipal code. At the time of City Council review of the matter, the Council may uphold the decision of the board, commission, or committee, amend the decision and/or conditions attached to the decision, overturn the decision, or remand the matter to the board, commission or committee for further consideration. (Ord. 91-3 § 1, 1991).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of November, 2008 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

__________________________
SUE McCLOUD, MAYOR