HomeMy WebLinkAbout2026-05-19; City Council; 03; SB 707 Ralph M. Brown Act UpdateCA Review CKM
Meeting Date: May 19, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Faviola Medina, Director of Constituent & Clerk Services
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: SB 707 Ralph M. Brown Act Update
Districts: All
Recommended Actions
1)Receive a report on updates to the Ralph M. Brown Act requirements under State Senate
Bill 707; and
2)Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.20 Meetings and
Chapter 2.15 Boards and Commissions; and
3)Adopt a resolution adopting City Council Policy Statement – Technology Disruptions; and
4)Adopt a resolution adopting City Council Policy Statement – Public Meeting Participation
Outreach Efforts.
Executive Summary
Governor Newsom signed into law State Senate Bill 707 (SB 707), on Oct. 3, 2025, making
significant changes to the Ralph M. Brown Act, or the Brown Act, with the intent to diversify
and increase public engagement during local government meetings of legislative bodies and
modernize the Brown Act in the face of technological advancements. Among the various new
requirements under SB 707, the City Council must offer hybrid meetings, a meeting that allows
both in person attendees and remote participants, effective July 1, 2026.
SB 707 also requires the City Council to formally adopt a policy, by July 1, 2026, that outlines the
procedures for recessing and reconvening a meeting in the event of technology disruptions
during hybrid meetings. The procedures must include the efforts that the City Council and staff
will make to attempt to restore the service. The City Council must also determine the reasonable
efforts that should be made to encourage public participation by groups that do not traditionally
attend public meetings, particularly among underrepresented and non-English speaking
communities.
Explanation & Analysis
Hybrid meetings
Beginning July 1, 2026, members of the public must be able to attend and participate in City
Council meetings via a two-way telephonic service (a dial-in service that does not require
internet) or a two-way audiovisual platform (an online platform allowing both video conference
and telephonic service).
May 19, 2026 Item #3 Page 1 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Staff will use Zoom Webinar technology to provide public access to the hybrid meetings similar
to the process followed for the virtual meetings held during the COVID-19 pandemic. This
platform, which includes real-time captioning, allows remote participants to view and listen to
the meeting and to provide public comment when called upon by the City Clerk. For both non-
agenda public comment and comments on specific agenda items, in-person speakers will be
called first, followed by remote participants. Remote participants will be audio-only and may
either call in or join the meeting virtually but, for security reasons, will not have the ability to
enable video or share their screens.
SB 707 mandates that the public must be given the opportunity to comment in real-time
through the same remote means and also be provided the same time allotment as in-person
speakers.
To manage public comment during hybrid meetings, staff are recommending that:
•Requests to speak both in person and virtually be received until the first speaker for the
item begins
•All non-agenda public comment speakers be heard at the beginning of the meeting with
the presiding officer retaining the discretion of being able to adjust speaker time
•Due to the administrative complexities and difficulty of verifying remote public
participation, the group speaker option for public comment on agenda items will not be
permitted
•Speakers requiring extra time for interpretation to occur be provided double the
speaker time to allow such process to take place with their self-provided interpreter
The proposed ordinance (Exhibit 1) incorporates these recommendations, establishes
procedures to ensure that the same treatment is given to all speakers and allows the City
Manager to develop processes and procedures to facilitate remote participation by members of
the public. The ordinance also clarifies that prohibitions against disruptive behavior and the
procedures for handling disruptive groups or individuals apply to remote participants as well as
in-person participants.
The hybrid meeting requirements only apply to the City Council. They do not apply to the city’s
subsidiary boards, commissions and subcommittees though the legislation allows for that
option. City staff are not recommending the optional hybrid meeting requirements be applied
to these other bodies at this time.
Technology disruptions policy
New California Government Code Section 54953.4 mandates the City Council adopt a
technology disruption policy by July 1, 2026. The policy must address the procedures for
responding to disruptions of telephonic or internet service during a hybrid meeting and the
efforts the City Council and city staff will make to restore service.
The legislation further requires that if a disruption occurs that prevents members of the public
from attending or observing a City Council meeting through the two-way telephonic or
audiovisual platform, the City Council must recess the open session and make a good faith
effort to restore service. The City Council may not reconvene the meeting until at least one
hour following the disruption, or until telephonic or internet services is restored, whichever is
earlier.
May 19, 2026 Item #3 Page 2 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
If service has not been restored upon reconvening, the City Council must make findings by roll
call vote that good faith efforts were made to restore access and that the public interest in
continuing the meeting outweighs the public interest in providing remote access. Alternatively,
the meeting may be adjourned.
The proposed policy (Exhibit 3) incorporates these requirements and establishes procedures to
ensure the continuity of meetings in the event of a technology disruption during a City Council
meeting, while maintaining the flexibility to respond appropriately based on the specific
circumstances.
This requirement only concerns disruptions to Zoom or any other platform the city chooses to
use, not additional services that allow only passive viewing, such as the livestream or the local
television broadcast.
Public meeting participation outreach efforts policy
New California Government Code Section 54953.4 also requires the City Council to determine
the “reasonable efforts” staff must take to encourage participation in City Council meetings and
invite groups that do not traditionally participate in public meetings to attend those meetings,
particularly among underrepresented groups and non-English-speaking communities.
The proposed City Council Policy (Exhibit 4) establishes the city’s approach to outreach. This
approach includes inviting participation in City Council meetings, as opportunities arise and
consistent with available resources, from:
•Media organizations serving the city
•Community-based organizations
•Neighborhood groups
•Civic or community organizations, including those serving non-English-speaking
communities
The statute provides the City Council with broad discretion in defining these reasonable efforts
and clarifies that no legal action may be taken against the city for failing to provide public
meeting information to any specific group. The proposed policy is intended to provide a flexible
framework for reasonable outreach efforts and will be implemented consistent with available
resources and evolving communication practices.
As with all City Council policies, adoption of the Technology Disruptions policy and the Public
Meeting Participation Outreach Efforts policy requires four affirmative votes.
Translations
SB 707 requires translation of agendas and public meeting information webpages into
“applicable languages” based on the most recent American Community Survey data of the
population served. “Applicable languages” are defined as any language spoken jointly by 20% or
more of an applicable population that speaks English less than “very well” according to
American Community Survey data. Staff have reviewed the language data and determined that
the City of Carlsbad does not meet the 20% threshold required for translation of any given
language.
May 19, 2026 Item #3 Page 3 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
SB 707 also requires public agencies to reasonably assist any member of the public who wishes
to translate a meeting or wishes to receive interpretation provided by another member of the
public, so long as the interpretation does not disrupt the meeting. Reasonable assistance may
include arranging space for interpreters at the meeting location, allowing extra time during the
meeting for interpretation, or ensuring that participants may use personal equipment or
reasonably access commercially available interpretation services. The city is not required to
provide interpretation of meetings but will include more information on the agenda on how to
request assistance to accommodate a self-provided interpreter at a public meeting.
The city is further required to provide a physical location for members of the public to post
their own translations of agendas in reasonable proximity to the physical location in which City
Council meeting agendas are posted. Meeting agendas are generally available on the posting
boards outside the Council Chamber and will now have a designated area in that same location
for such translations.
Teleconference provisions
Traditional teleconference provisions
SB 707 does not update traditional teleconference rules, which still remain an option with no
limit on number of meetings. Under the traditional teleconference rules in California
Government Code Section 54953(b), at least a quorum of the legislative body must be present
within the city during the meeting, the teleconference location must be identified in the
meeting notice and agenda, the meeting agenda must be posted at the teleconference location,
and the teleconference location must be accessible to the public.
Alternative teleconference provisions (just cause)
SB707 establishes alternative teleconference rules for just cause and emergency circumstances
in addition to the traditional teleconference rules (new California Government Code Section
54953.8.3). To be permitted to teleconference for just cause, a quorum of the legislative body is
required to participate in person from the meeting location listed on the agenda. When
participating remotely for just cause, the teleconferencing member is required to participate
for the entire duration of the meeting through both audio and visual technology, but is not
required to post the agenda at their location or open their physical location to the public.
Members are limited to a certain number of “just cause” teleconference meetings based on the
number of times the legislative body meets per month, which for the city would be up to five
City Council meetings per year.
The meeting minutes must reflect the specific provision of law the member relied upon to
teleconference. Allowable reasons for just cause teleconferencing include:
•Contagious illness
•Care for child, parent, grandparent, sibling, spouse or domestic partner
•A need related to physical or mental condition that does not qualify as a reasonable
accommodation for a disability
•Travel on official business of the agency
•Physical or family medical emergency that prevents a member from attending in person
•To protect an immunocompromised close relative from exposure to illness
•Military service
May 19, 2026 Item #3 Page 4 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Alternative teleconferencing for subsidiary bodies and boards and commissions
The alternative teleconferencing rules do not apply to City Council subcommittees or any of the
city’s boards and commissions unless the City Council decides to formally authorize the use of
alternative teleconferencing for these bodies. City Council authorization would then need to be
reauthorized every six months by majority vote, confirming that the practice continues to serve
the public interest. At this time, staff are not recommending that this option be extended to
boards and commissions. Staff are focusing all efforts on complying with the requirements of SB
707 in time to meet the July 1, 2026, deadline.
Americans with Disabilities Act (ADA) accommodations
California Government Code Section 54953(c) expressly allows a legislative body member with
a disability to participate remotely in any meeting as a reasonable accommodation.
If a reasonable accommodation request is granted, the legislative body member must:
• Participate with audio and video technology unless the disability results in a need to
participate off camera
• Disclose the presence of anyone 18 years and older and the general relationship to the
legislative body member before any action is taken.
o The legislative body member must make such a disclosure at the start of the
meeting and whenever thereafter there is a change to who is present.
Remote participation as a disability accommodation counts as in-person attendance for all
purposes, including a quorum.
Staff will handle disability accommodation requests from the City Council members on an
individual and confidential basis through the city’s standard interactive process.
The city already offers reasonable accommodation to any person including members of the
public and members of any board or commission who needs assistance due to a disability to
ensure accessibility to meetings. This procedure is included on each meeting agenda.
Fiscal Analysis
The fiscal impact for implementation will be a one-time cost of $13,968. Funding is included in
the Strategic Digital Transformation Investment Program’s fiscal year 2025-26 budget.
Next Steps
Staff will implement adopted policies and procedures to meet compliance requirements of
SB 707 by the July 1, 2026, deadline to be in place by the first City Council meeting on
July 7, 2026.
Additionally, City Clerk staff will prepare the ordinance for adoption at the next regular City
Council meeting. Once it is adopted, City Clerk staff will publish the ordinance or a summary of
the ordinance in a newspaper of general circulation within 15 days. The ordinance will be
effective 30 days following its adoption.
May 19, 2026 Item #3 Page 5 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Environmental Evaluation
The proposed actions to amend Carlsbad Municipal Code Chapter 1.20 and Chapter 2.15 and to
adopt City Council policies addressing technology disruptions and outreach efforts to comply
with new Brown Act requirements are exempt from environmental review under California
Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed actions may have a significant effect on
the environment.
Exhibits
1.City Council ordinance
2.Proposed revisions to Carlsbad Municipal Code Chapters 1.20 Meetings and Chapter 2.15
Boards and Commissions
3.City Council resolution – City Council Policy Statement: Technology Disruptions
4.City Council resolution – City Council Policy Statement: Public Meeting Participation
Outreach Efforts
May 19, 2026 Item #3 Page 6 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Exhibit 1
ORDINANCE NO. CS-515 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.20
MEETINGS AND CHAPTER 2.15 BOARDS AND COMMISSIONS
WHEREAS, on Oct. 3, 2025, Senate Bill 707 (SB 707) was signed by the Governor making
significant changes to the Ralph M. Brown Act, or the Brown Act (Cal. Gov. Code, §§ 54950-54963)
starting in 2026; and
WHEREAS, SB 707 is intended to diversify and increase public engagement in local government
and also modernize the Brown Act in the face of technological advancements; and
WHEREAS, the City Council of the City of Carlsbad finds that amendments to Chapter 1.20
related to meetings and Chapter 2.15 related to Boards and Commissions are necessary to update the
code to include new requirements mandated by the changes to the Brown Act and clarify meeting
requirements for the City Council and the city’s Boards and Commissions.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1.That the above recitations are true and correct.
2. That proposed action to amend Carlsbad Municipal Code Chapters 1.20 and 2.15 to
comply with new Brown Act requirements is exempt from environmental review under
California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as
it can be seen with certainty that there is no possibility the proposed action may have a
significant effect on the environment.
3.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.010 is amended to read as
follows:
1.20.010 Policies applicable to all meetings.
A.Meetings of the City Council will be held according to the requirements of the Ralph M. Brown Act
(California Government Code Section 54950 et seq., referred to in this code as the “Brown Act”)
and this chapter. City Council subcommittees that qualify as a “legislative body” for purposes of
the Brown Act, will hold meetings in accordance with the requirements of the Brown Act. Terms
defined in the Brown Act have the same meaning when used in this chapter.
B.Meetings will be open and public, except for closed sessions held as authorized by the Brown Act.
C.When a meeting is in session, Council Members, city officers and employees, and members of the
public are expected to observe good order and decorum, and to not by conversation or otherwise,
improperly delay or interrupt the proceedings or refuse to obey the lawful directives of the
Presiding Officer.
May 19, 2026 Item #3 Page 7 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
D.The city is committed to maintaining safe and orderly meetings, free from intimidation,
harassment and disruption. Public participation is encouraged provided that participants abide by
the rules of conduct and procedure established by this chapter. The City Council finds and declares
it is important to remember that no one has a constitutional right to disrupt a public meeting by
attempting to impose their own voice or actions in a manner that is loud, boisterous or unruly
where such conduct is substantially disruptive of the meeting itself and continues after the
Presiding Officer has requested the person or persons to stop. The issue in such cases is not about
the content of speech, unless the content itself violates the law, but rather with the extent of
disruption caused to the meeting itself by the manner and conduct of the disrupter’s actions.
Therefore, to promote civic engagement, orderly deliberation and efficient conduct of city
business, the following general rules of conduct apply to all city meetings:
1.Interactions among all meeting participants, whether participating in-person or via two-way
telephonic service or a two-way audiovisual platform, will be conducted in a mutually
respectful manner rather than an insulting, demeaning, intimidating or offensive manner.
2.Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of
business will not be tolerated. This conduct includes failing to comply with reasonable and
lawful regulations adopted by the City Council or engaging in behavior that constitutes use
of force or a true threat of force under Section 54957.95 of the Brown Act.
3.Whether participating in-person or via two-way telephonic service or a two-way audiovisual
platform, individuals who continue to disrupt, disturb, impede or render infeasible the
orderly conduct of a meeting may be removed from the meeting under Section 54957.9 of
the Brown Act after the Presiding Officer has directed the person to cease the disrupting
behavior and warned that continued disrupting behavior may result in removal from the
meeting. If a meeting is willfully interrupted by a group or groups of persons and order cannot
be restored by the removal of those individuals, the Presiding Officer, subject to objection by
a majority of Council Members in attendance, may order the meeting room cleared and the
meeting may continue as provided in Section 54957.9 of the Brown Act.
4.Weapons and any object that may be used to inflict serious bodily injury are prohibited at
city meetings except those lawfully in the possession of authorized city personnel.
4.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.060 is amended to read as
follows:
1.20.060 City Council agenda.
A.The City Clerk, under direction of the City Manager, will prepare an agenda for each City Council
meeting. The agenda for a special or emergency meeting may be combined with the notice of the
meeting.
B.An agenda will contain the following information:
1.The date, time and location of the meeting;
2.The order of business and a brief general description of each item of business to be
transacted or discussed at the meeting, including a brief statement of the specific action
requested or recommended to be taken by the City Council;
May 19, 2026 Item #3 Page 8 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
3.A description of each closed session matter substantially in the manner authorized by Section
54954.5 of the Brown Act;
4.Information relating to special services available to persons with disabilities to permit those
persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits for
public participation, rules of decorum, presentation of materials and other similar matters.
C.The City Manager is responsible for scheduling matters for consideration by the City Council based
on established City Council priorities, the city’s business and governmental needs, and the
requirements of applicable law. Items of business may be placed on the agenda by any Council
Member, the City Manager or the City Attorney, or by City Council action. City Council-originated
items must be submitted to the City Manager not less than seven days before the date of the City
Council meeting at which the member desires the item to appear on the agenda. Nothing in this
section precludes a Council Member from requesting City Council action to place an item on the
agenda for a future meeting.
D.The City Clerk Services staff is authorized and directed to post agendas in accordance with
applicable law, including posting on the city’s website. The City Clerk Services staff is also
authorized and directed to mail agendas to persons and organizations who have filed a request
for a mailing of agendas. The agenda may be made available and delivered in electronic format.
E.The agenda for regular meetings will be based on the following order of business:
1.Call to order
2.Roll call
3.Announcement of concurrent meetings
4.Pledge of allegiance
5.Approval of minutes
6.Presentations
7.Public report of any action taken in closed session
8.Public comment on matters not listed on the agenda
9.Consent calendar
10.Board and Commission Member Appointments
11.Ordinances for introduction
12.Ordinances for adoption
13.Public hearings
14.Departmental and City Manager reports
15.City Council commentary and requests for consideration of matters
16.Announcements
17.City Manager comments
18.City Attorney comments
19.City Clerk comments
May 19, 2026 Item #3 Page 9 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
20.Adjournment
F.When a meeting is a concurrent meeting of the City Council and the legislative body of any public
agency the governing body of which is comprised of the members of the City Council, action will
be deemed to have been taken by the appropriate legislative body with jurisdiction over the
matter.
5.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.080 is amended to read as
follows:
1.20.080 Minutes.
A.The City Clerk Services staff is responsible for the minutes of all City Council meetings. The minutes
will be a record of each particular type of business transacted. The minutes should reflect
summary action and should not be a verbatim transcript of the proceedings. The minutes may
include the names of persons addressing the City Council, the title of the subject matter to which
their remarks related and whether they spoke in support of or in opposition to such matter. The
City Clerk Services staff will include in the minutes of the meeting a Council Member’s statement
on a matter upon request made by that Council Member at the time the statement is made. Any
Council Member may have the reasons for his or her support for or dissent from any action of the
City Council entered in the minutes by making a request in substantially the following manner: “I
would like the minutes to show that I [support] [am opposed to] this action for the following
reasons...” or “For the record…”
B.The City Clerk Services staff will prepare proposed minutes and present them to the City Council
for approval.
C.The minutes may be approved without reading if the City Clerk Services staff has included the
proposed minutes in the agenda packet. The minutes will be read before approval upon motion
approved by the City Council. Proposed amendments to the minutes as submitted by the City Clerk
Services staff must be verified by the City Clerk Services staff prior to approval by the City Council.
Following approval, minutes of meetings will be permanently kept in a format or medium suitable
for storage of permanent public records.
6.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.090 is amended to read as
follows:
1.20.090 Recordings or translations of meetings.
A.All City Council meetings are recorded as an aid in the preparation of minutes and posted on the
city’s website for public access. Recordings will be retained in accordance with the city’s adopted
Records Retention Schedule unless a longer retention is required by the City Council, the City
Manager or the City Attorney.
B.If any person desires to have a matter reported by a stenographer or translated by a translator,
such person may employ a stenographer or translator directly at the person’s expense. The City
Manager may make reasonable accommodations to assure that the stenographer or translator is
seated at a position at the meeting to facilitate accurate reporting or translations.
May 19, 2026 Item #3 Page 10 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C.Any person may film, videotape, photograph or audio tape a City Council meeting in the absence
of a reasonable finding by the Presiding Officer that the recording cannot continue without noise,
illumination or obstruction of view that constitutes or would constitute a persistent disruption of
the proceedings. Meetings may be televised by any person if it can be accomplished without noise,
illumination or obstruction of view that constitutes or would constitute a persistent disruption of
the proceedings.
7.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.120 is amended to read as
follows:
1.20.120 Consent calendar.
An agenda may contain a consent calendar of items grouped together for action by single motion and
without discussion when the items are considered by the City Manager to be routine, noncontroversial
or in the nature of housekeeping matters. The actions recommended or requested by the City Manager
will be included in summary form in the agenda description of each consent calendar item. Before
accepting a motion to approve the consent calendar, the Presiding Officer will ask if any Council
Member, city officer or employee, or member of the public desires to be heard on one or more consent
items. In that event, the Presiding Officer will defer action on the particular matter or matters as part
of the regular agenda in any order deemed appropriate. A Council Member may record a negative vote
or an abstention on a consent calendar item without removing the item for discussion by so stating
prior to the vote on the motion to approve the consent calendar. A request from the public to discuss
an item on the consent calendar must be submitted to the City Clerk in writing prior to the
commencement of City Council consideration of the consent calendar. Members of the public
participating via two-way telephonic service or a two-way audiovisual platform may submit a request
to discuss an item on the consent calendar by virtually raising their hand before commencement of
City Council consideration of the consent calendar. The City Clerk Services staff is directed to include
on an agenda containing a consent calendar, a statement of this requirement along with a summary of
the procedure for consideration of consent calendar items.
8.That Carlsbad Municipal Code Chapter 1.20, Section 1.20.140 is amended to read as
follows:
1.20.140 Public participation.
A.Members of the public may address the City Council on items of business listed on an agenda of
any meeting. Persons desiring to address the City Council regarding any item on the agenda,
including an item listed on the consent calendar or items noticed for a public hearing, must submit
a request to speak to the City Clerk before the Presiding Officer calls for public comment on that
item. Members of the public participating via two-way telephonic service or a two-way
audiovisual platform may submit a request to speak on an item by virtually raising their hand prior
to the start of public comment on that item. The Presiding Officer, with the consent of the majority
of the quorum, may allow a person who has not filed such a request to address the City Council.
B.At regular meetings, including adjourned regular meetings, members of the public may address
the City Council on items not appearing on the agenda during the portion of the agenda set aside
for this purpose. Persons addressing the City Council must confine their remarks to matters within
May 19, 2026 Item #3 Page 11 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the subject matter jurisdiction of the City Council or a public agency for which the City Council
serves as the governing body. Persons desiring to address the City Council on items not appearing
on the agenda must submit a request to speak to the City Clerk before public comment is called.
The Presiding Officer, with the consent of the majority of the quorum, may allow a person who
has not filed such a request to address the City Council.
C. The City Clerk will organize speaker slips for in-person speakers pertaining to each agenda item in
the order received. In-person speakers will be invited to address the City Council based on that
order. Virtual speakers will be invited to speak after the in-person speakers in the order in which
they raised their hand. Upon direction of the Presiding Officer, the names will be called by the City
Clerk.
D. Members of the public will address the City Council from the podium provided for that purpose
or virtually via the two-way telephonic service or two-way audiovisual platform. Each member of
the public will be permitted to speak for up to three minutes, unless the Presiding Officer has
announced a shorter duration at the commencement of the item under consideration. A shorter
duration may be set when the Presiding Officer or a majority of the quorum determine that the
length and duration of public comments on a matter would be unduly burdensome and prevent
or frustrate the City Council from reaching a timely decision on the matter. Persons must confine
their remarks to the agenda item under consideration. A speaker may not yield time to another
speaker.
E. Whenever the city provides an opportunity for members of the public to attend a City Council
meeting via a two-way telephonic service or a two-way audiovisual platform, the City Manager
will establish reasonable rules and procedures to facilitate public comment by people attending
remotely.
F. After the Presiding Officer has closed the public input portion of an agenda item, no member of
the public may address the City Council without first being recognized by the Presiding Officer and
securing permission to do so by a majority vote of the quorum.
9. That Carlsbad Municipal Code Chapter 2.15, Section 2.15.090 is amended to read as
follows:
2.15.090 Reserved.
10. That Carlsbad Municipal Code Chapter 2.15, Section 2.15.100 is amended to read as
follows:
2.15.100 Quorum
Unless otherwise specifically provided in this chapter, a majority of the total number of members of
the board or commission shall be necessary to constitute a quorum for a board or commission to take
action. A meeting may be adjourned for lack of a quorum by the Presiding Officer or, in the absence of
a Presiding Officer, any member of the board or commission or the staff liaison. A board or commission
member disqualified from participation in a matter due to a conflict of interest will not be counted
toward achieving a quorum as to that matter. If a disqualification due to a conflict of interest results in
May 19, 2026 Item #3 Page 12 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the lack of a quorum, consideration of the matter will be deferred until either a quorum of non-
disqualified members is present, or a quorum is determined under the legally required participation
rules in the Political Reform Act and the regulations of the Fair Political Practices Commission.
11. That Carlsbad Municipal Code Chapter 2.15 is amended by the addition of Sections
2.15.200 through 2.15.430 to read as follows:
2.15.200 Meetings
A. Meetings of city boards and commissions will be held according to the requirements of the Ralph
M. Brown Act (California Government Code Section 54950 et seq., referred to in this code as the
“Brown Act”) and this chapter. Terms defined in the Brown Act have the same meaning when used
in this chapter.
B. Meetings will be open and public. When a meeting is in session, board and commission members,
city officers and employees, and members of the public are expected to observe good order and
decorum, and to not by conversation or otherwise, improperly delay or interrupt the proceedings
or refuse to obey the lawful directives of the Presiding Officer.
C. The city is committed to maintaining safe and orderly meetings, free from intimidation,
harassment and disruption. Public participation is encouraged provided that participants abide by
the rules of conduct and procedure established by this chapter. The City Council finds and declares
it is important to remember that no one has a constitutional right to disrupt a public meeting by
attempting to impose their own voice or actions in a manner that is loud, boisterous or unruly
where such conduct is substantially disruptive of the meeting itself and continues after the
Presiding Officer has requested the person or persons to stop. The issue in such cases is not about
the content of speech, unless the content itself violates the law, but rather with the extent of
disruption caused to the meeting itself by the manner and conduct of the disrupter’s actions.
Therefore, to promote civic engagement, orderly deliberation and efficient conduct of city
business, the following general rules of conduct apply to all city meetings:
1. Interactions among all meeting participants will be conducted in a mutually respectful
manner rather than an insulting, demeaning, intimidating or offensive manner.
2. Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of
business will not be tolerated. This conduct includes failing to comply with reasonable and
lawful regulations adopted by the City Council and engaging in behavior that constitutes use
of force or a true threat of force under Section 54957.95 of the Brown Act.
3. Individuals who continue to disrupt, disturb, impede or render infeasible the orderly conduct
of a meeting may be removed from the meeting under Section 54957.9 of the Brown Act
after the Presiding Officer has directed the person to cease the disrupting behavior and
warned that continued disrupting behavior may result in removal from the meeting. If a
meeting is willfully interrupted by a group or groups of persons and order cannot be restored
by the removal of those individuals, the Presiding Officer, subject to objection by a majority
of members of the board or commission in attendance, may order the meeting room cleared
and the meeting may continue as provided in Section 54957.9 of the Brown Act.
May 19, 2026 Item #3 Page 13 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
4.Weapons and any object that may be used to inflict serious bodily injury are prohibited at
city meetings except those lawfully in the possession of authorized city personnel.
2.15.210 Regular and special meetings.
A.Regular meetings will be held on the dates and at the times established by resolution. Regular
meetings will be held at City Hall in the Council Chamber, unless a different location for the
meeting has been designated by the City Manager.
B.Special meetings may be called by the Chair, a majority of the members of the board or
commission, the City Manager or the City Attorney. Notice of a special meeting must be given and
posted as provided in Section 54956 of the Brown Act. The notice must include the date, time and
location of the meeting and a brief statement of the business to be transacted or discussed. For
special meetings, public comments can be made on agendized items only. No other business may
be transacted or discussed at the meeting.
C.The staff liaisons are authorized and directed to prepare, deliver and post meeting notices.
2.15.220 Adjournment of meetings.
Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided
by law. The Presiding Officer may adjourn any meeting without need for a motion and absent the
objection of a majority of the quorum. Once adjourned, a meeting may not be reconvened, except at
the time and place stated in the notice of adjournment. A regular meeting may not be adjourned to a
date beyond the next regular meeting. The staff liaisons are authorized and directed to prepare, deliver
and post notices of adjournment. A notice of adjournment is not required when a meeting is adjourned
without specification of the time and date when it will be reconvened.
2.15.230 Agenda.
A.The staff liaison will prepare an agenda for each meeting. The agenda for a special meeting may
be combined with the notice of the meeting.
B.An agenda will contain the following information:
1.The date, time and location of the meeting;
2.The order of business and a brief general description of each item of business to be
transacted or discussed at the meeting, including a brief statement of the specific action
requested or recommended to be taken by the board or commission; and
3.Information relating to special services available to persons with disabilities to permit those
persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits for
public participation, rules of decorum, presentation of materials and other similar matters.
C.The staff liaison is responsible for scheduling matters for consideration by the board or
commission and will give priority to items from the City Council approved work plan for the board
or commission. Items of business may be placed on the agenda by City Council action, by the City
May 19, 2026 Item #3 Page 14 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Manager or the City Attorney, or by action of the board or commission. Nothing in this section
precludes a board or commission member from requesting that the board or commission take
action to place an item on the agenda for a future meeting.
D. The staff liaison is authorized and directed to post agendas in accordance with applicable law,
including posting on the city’s website. The staff liaison is also authorized and directed to mail
agendas to persons and organizations who have filed a request for a mailing of agendas. The
agenda may be made available and delivered in electronic format.
E. The agenda for regular meetings will be based on the following order of business:
1. Call to order
2. Roll call
3. Pledge of Allegiance
4. Approval of minutes
5. Presentations
6. Public comment on matters not listed on the agenda
7. Consent calendar
8. Public hearings
9. Departmental reports
10. Board or Commission commentary and requests for consideration of matters
11. Public comment (continuation)
12. Announcements
13. Staff comments
14. Adjournment
2.15.240 Agenda packet.
A. The City Manager is responsible for all staff reports and other documents relevant to each item of
business placed on an agenda. The staff liaison is responsible for compiling the reports and other
documents and for preparing an agenda packet.
B. Nothing in this chapter is intended to preclude the board or commission from orally amending any
resolution, or other document presented to it prior to final action at a meeting.
C. Correspondence, including electronic mail, relating to an item of business on an agenda received
by the staff liaison before 5:00 p.m. of the day preceding the publication day for a regular meeting
May 19, 2026 Item #3 Page 15 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
will be included as part of the agenda packet materials for that item. Correspondence received
later may be included in the agenda packet in any manner or may be delivered to the board or
commission members by different means.
D. The agenda packet for a regular meeting will be made available to the board or commission
members not later than the 72 hours preceding the meeting. The agenda packet will be available
to the public at the Office of the City Clerk and posted on the city’s website on the same day that
it is provided to the members. An agenda packet for a special or emergency meeting may be
delivered to the members of the board or commission and made available to the public at the
meeting. The staff liaison is also authorized and directed to mail agenda packets to persons and
organizations who have filed a request for a mailing of agenda packets and have paid the fee in
the amount established by the city for that service. Agenda packets may be made available and
delivered in electronic format.
2.15.250 Minutes.
A. The staff liaison is responsible for the minutes of all public meetings. The minutes will be a record
of each particular type of business transacted. The minutes should reflect summary action and
should not be a verbatim transcript of the proceedings. The minutes may include the names of
persons addressing the board or commission, the title of the subject matter to which their remarks
related and whether they spoke in support of or in opposition to such matter. The staff liaison will
include in the minutes of the meeting a member’s statement on a matter upon request made by
that member at the time the statement is made. Any member may have the reasons for his or her
support for or dissent from any action of the board or commission entered in the minutes by
making a request in substantially the following manner: “I would like the minutes to show that I
[support] [am opposed to] this action for the following reasons...” or “For the record…”
B. The staff liaison will prepare proposed minutes and present them to the board or commission for
approval.
C. The minutes may be approved without reading if the staff liaison has included the proposed
minutes in the agenda packet. The minutes will be read before approval upon motion approved
by the board or commission. Proposed amendments to the minutes as submitted by the staff
liaison must be verified by the staff liaison prior to approval by the board or commission. Following
approval, minutes of meetings will be permanently kept in a format or medium suitable for
storage of permanent public records.
2.15.260 Recordings of meetings.
A. All board and commission meetings are recorded as an aid in the preparation of minutes and
posted on the city’s website for public access. Recordings will be retained in accordance with the
city’s adopted Records Retention Schedule unless a longer retention is required by the City
Council, the City Manager or the City Attorney.
B. If any person desires to have a matter reported by a stenographer, such person may employ one
directly at the person’s expense. The staff liaison may make reasonable accommodations to assure
that the stenographer is seated at a position at the meeting to facilitate accurate reporting.
May 19, 2026 Item #3 Page 16 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C. Any person may film, videotape, photograph or audio tape a meeting in the absence of a
reasonable finding by the Presiding Officer that the recording cannot continue without noise,
illumination or obstruction of view that constitutes or would constitute a persistent disruption of
the proceedings. Meetings may be televised by any person if it can be accomplished without noise,
illumination or obstruction of view that constitutes or would constitute a persistent disruption of
the proceedings.
2.15.270 Role of the Presiding Officer.
A. The Presiding Officer is the Chair, or in the Chair’s absence, the Vice Chair. In the absence of both
the Chair and Vice Chair, the Presiding Officer will be selected from among the members
constituting the quorum for the meeting. In the absence of the Chair and Vice Chair, the staff
liaison shall call the meeting to order, and a temporary Presiding Officer shall be selected by the
members present. Upon the arrival of the Chair or the Vice Chair, the temporary Presiding Officer
shall relinquish the chair at the conclusion of the business then before the board or commission.
B. The Presiding Officer will endeavor to conduct the meeting in an orderly, even-handed and
businesslike manner and in substantially the order and manner provided on the agenda. Members
should have a full and equal opportunity to express their respective views. Matters should be fully
deliberated before action is taken.
C. The Presiding Officer may move, second, debate and vote from the chair. The Presiding Officer is
not deprived of any of the rights and privileges of a member due to acting as Presiding Officer.
The Presiding Officer, or such person as the Presiding Officer may designate, may verbally restate
each question immediately prior to calling for the vote.
D. The Presiding Officer is responsible for the maintenance of order and decorum at all meetings.
The Presiding Officer will decide all matters of order and procedure under this chapter, subject to
the right of any member to request a ruling by the quorum and the question shall be, “Shall the
decision of the presiding officer be sustained?” Requests for a ruling by the quorum require a
second and will be promptly considered. A majority vote of the quorum will conclusively
determine the question.
2.15.280 Commencement of meetings.
At the time set for each regular meeting, each member of the board or commission, the staff liaison
and such department heads or others as have been requested to be present shall take their regular
places in the Council Chamber or other set meeting location. The Presiding Officer will call the meeting
to order. Before proceeding with the business of the board or commission, the staff liaison will call the
roll of the members and the names of the members present will be entered in the minutes.
2.15.290 General rules of procedure.
A. Every member, city officer or employee, or any other person desiring to speak during a meeting
must first gain recognition by the Presiding Officer. Following recognition by the Presiding Officer,
speakers must confine their remarks to the question or matter under consideration, avoiding
reference to character and indecorous language.
B. Every member wanting to question the city staff will address the questions to the staff liaison,
who shall be entitled either to answer the inquiry or to designate a member of city staff for that
May 19, 2026 Item #3 Page 17 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
purpose. Members of the public desiring to ask a question regarding an item on the agenda must
do so only when public comment regarding the item is permitted. Questions from a member of
the public must be directed to the Presiding Officer, who may refer the question to any member
of the board or commission or the staff liaison as the Presiding Officer deems appropriate.
C.Once a member, city officer or employee, or other person has been recognized and allowed to
speak by the Presiding Officer, the person will be allowed to conclude their remarks without
interruption, except an interruption by the Presiding Officer to preserve order, subject to
applicable time limits. A member seeking to raise a point of order or personal privilege must first
gain recognition from the Presiding Officer. If a member while speaking is called to order, the
member shall cease speaking until the question of order is determined, and if determined to be
in order, the member may proceed. If interrupted by the Presiding Officer, city officers and
employees and members of the public must cease speaking until further authorization by the
Presiding Officer.
D.The right of a member to address the board or commission on a question of personal privilege is
limited to cases in which the member’s integrity, character or motives are questioned or where
the welfare of the board or commission is concerned. A member raising a point of personal
privilege may interrupt another member who has the floor only if the Presiding Officer recognizes
the privilege.
E.A member who wishes to terminate discussion of a motion may call for the question. If the call is
seconded, the Presiding Officer shall ask for a vote. If the call carries, the board or commission
shall then vote on the motion without further discussion.
F.Voting will be conducted using the voting system installed in the Council Chamber, unless the
board or commission dispenses with use of the voting system or the system is not functioning. If
the voting light system is not used, voting will be by voice vote or other system by which the vote
of each member is made known to the public. Secret ballots are prohibited.
G.Every member should vote unless disqualified due to a conflict of interest. A member who abstains
from voting acknowledges that a majority of the quorum may decide the question voted upon.
H.For matters that may be decided by a majority of the quorum, tie votes constitute “no action,”
and the matter voted upon remains before the board or commission and is subject to further
consideration. If the Presiding Officer determines the board or commission is unable to take action
on a matter during a meeting because of a tie vote, the staff liaison shall place the item on the
next regular meeting of the board or commission for further consideration.
I.A member may change their vote immediately following the announcement of the result of a vote
on a matter by the Presiding Officer and before the next item of business. Except in the case of a
tie vote, a member who publicly announces that they are abstaining from voting on a particular
matter may not withdraw the abstention.
J.A motion to reconsider any action taken by the board or commission may be made only at the
meeting at which the action was taken, including a recessed or adjourned session of the meeting
and by a member who voted with the prevailing side. Consideration of action to rescind, repeal,
May 19, 2026 Item #3 Page 18 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
cancel or otherwise nullify a prior action by the board or commission is in order at any subsequent
meeting of the board or commission, subject to placement of the matter on the agenda in the
same manner as any new item of business. The effect of such action will operate prospectively
and not retroactively and will not operate to adversely affect individual rights which may have
been vested in the interim without notice and an opportunity to be heard having been given to
the affected party or parties.
2.15.300 Public participation.
A. Members of the public may address the board or commission on items of business listed on an
agenda of any meeting. Persons desiring to address the board or commission regarding any item
on the agenda, including an item listed on the consent calendar or items noticed for a public
hearing, must submit a request to speak to the staff liaison before the item is called by the
Presiding Officer. The Presiding Officer, with the consent of the majority of the quorum, may allow
a person who has not filed such a request to address the board or commission.
B. At regular meetings, including adjourned regular meetings, members of the public may address
the board or commission on items not appearing on the agenda during the portion of the agenda
set aside for this purpose. The total amount of time set aside for this purpose at the beginning of
the meeting will not exceed 15 minutes, additional time will be set aside at the end of the meeting.
Persons addressing the board or commission must confine their remarks to matters within the
subject matter jurisdiction of the board or commission. Persons desiring to address the board or
commission on items not appearing on the agenda must submit a request to speak to the staff
liaison before public comment is called. The Presiding Officer, with the consent of the majority of
the quorum, may allow a person who has not filed such a request to address the board or
commission. Group time and presentations requiring the use of audio visual equipment will not
be permitted during public comment on matters not appearing on the agenda.
C. The staff liaison will organize speaker slips pertaining to each agenda item in the order received
and persons will be invited to address the board or commission based on that order. Upon
direction of the Presiding Officer, the names will be called by the staff liaison.
D. Members of the public will address the board or commission from the podium provided for that
purpose. Each member of the public will be permitted to speak for up to three minutes, unless
the Presiding Officer has announced a shorter duration at the commencement of the item under
consideration. A shorter duration may be set when the Presiding Officer or a majority of the
quorum determines that the length and duration of public comments on a matter would be unduly
burdensome and prevent or frustrate the board or commission from reaching a timely decision
on the matter. Persons must confine their remarks to the agenda item under consideration. A
speaker may not yield time to another speaker.
E. After the Presiding Officer has closed the public input portion of an agenda item, no member of
the public may address the board or commission without first being recognized by the Presiding
Officer and securing permission to do so by a majority vote of the quorum.
F. To facilitate organized presentations, a group of persons may submit a request to speak as a group
for items listed on the agenda only. Groups must select one single member to speak on behalf of
May 19, 2026 Item #3 Page 19 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
that group. The group representative must identify the group and list not fewer than three
additional members of the group who will simultaneously turn in their own individual speaker
cards and be present during the meeting at which the presentation is made. The presentation on
behalf of the group may not exceed 10 minutes unless additional time is authorized by a majority
of the quorum.
G. For items listed on the agenda, members of the public will generally be invited to speak following
the staff presentation, if any, and before board or commission discussion of the item. For items
removed from the consent calendar at the request of a member of the public, the Presiding Officer
may invite the speaker to address the board or commission and may defer or waive presentation
of a staff report.
2.15.310 Use of city equipment.
Persons desiring to use city information system or communication equipment for presentation of
information to the board or commission must make arrangements in advance with the staff liaison.
The City Clerk Services staff may establish reasonable rules regarding format, security, time for
submission and other similar matters. The time spent presenting visual materials is included in the
maximum time limit provided to speakers. All materials exhibited to the board or commission during
the meeting are part of the public record.
2.15.320 Conduct of public hearings.
A. The provisions of this section apply to matters listed on the agenda as public hearing items. Except
as otherwise provided in this section, all of the provisions of this chapter apply to matters listed
as public hearing items.
B. Public hearings will be noticed to begin at the time the board or commission convenes, unless
otherwise determined by the staff liaison or directed by the board or commission in which case
the notice of public hearing and agenda may state a different time. Public hearings may commence
any time after the noticed commencement time and in any order determined by the board or
commission. Meetings may be adjourned when necessary or convenient to complete a public
hearing or schedule of public hearings.
C. All documents intended by the city to be part of the record of the public hearing and any
correspondence received by the city pertaining to the subject matter of the public hearing will be
available at the Office of the City Clerk at least 24 hours prior to commencement of the public
hearing. This provision does not preclude the submission by any person of supplemental or
additional information during the public hearing.
D. The applicant will be permitted 10 minutes to make a presentation, not including time to respond
to questions by members of the board or commission, and five minutes to respond to comments
by members of the public. As used in this section, the applicant includes any person or entity
whose rights or interests are directly the subject matter of the public hearing.
E. The order of the hearing will be as follows unless otherwise required by law or agreed upon by
the city and the applicant:
1. Presentation of staff report;
May 19, 2026 Item #3 Page 20 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
2.Questions from the member of the board or commission
3.Presentation by the applicant, if any;
4.Comments by members of the public;
5.Response by staff or applicant to facts or issues raised by public comments;
6.Board or commission discussion and action.
F.The Presiding Officer may set longer time limits than otherwise allowed by this chapter for
adequate presentation of testimony and evidence to provide a fair hearing. The decision of the
Presiding Officer may be appealed to the board or commission and determined by a majority of
the quorum.
G.Any person, other than a member of the board or commission, who wishes to direct question(s)
to an opposing witness shall submit such question(s) to the Presiding Officer, who will ask the
question(s) to the witness. The Presiding Officer may at his or her discretion restrict the number
and nature of any questions asked pursuant to this section.
H.Before commencement of board or commission discussion and action, the Presiding Officer may
order closed the public input portion of the public hearing, at which time no further evidence,
either oral or written, will be accepted by the board or commission except in response to a
question by a board or commission member; provided, however, that this rule may be relaxed by
the Presiding Officer where it appears that good cause exists to hear further evidence concerning
the matter which is the subject of the public hearing. Following completion of questions by board
or commission members, the Presiding Officer may order the public hearing closed. A public
hearing once closed cannot be reopened on the date set for hearing unless the Presiding Officer
determines that all persons who were present when the public hearing closed are still present.
Nothing in this section, however, is intended to prevent or prohibit the reopening of a public
hearing at any subsequent meeting, provided notice is first given in the manner required for the
initial public hearing.
I.A public hearing may be continued to a date certain any time before the closing of the public
hearing in order to permit presentation of additional written or oral evidence. The Presiding
Officer will publicly announce the date, time and place that the public hearing will reconvene, and
further evidence will be taken, and the announcement constitutes sufficient notice to the public
of the date, time, and place of the continued public hearing. If the Presiding Officer announces
the date, time and place of the continued hearing, the staff liaison will post a notice of continuance
in the same manner as for posting notices of an adjourned meeting, however no further public
notice is required.
2.15.330 Decision following a public hearing.
A.A decision may be made at any time following the close of a public hearing. The board or
commission may adopt a resolution recommended by staff and presented as part of the agenda
packet or may indicate its intended decision and instruct the staff liaison to return with the
resolution necessary to effect the decision. For decisions that include a quasi-judicial
May 19, 2026 Item #3 Page 21 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
determination, the board or commission may adopt the resolution, as presented or as may be
amended by the board or commission, if it determines that the findings contained in the document
are supported by the evidence presented at the hearing and the decision is supported by the
findings. The board or commission’s decision is not final until adoption of the documents.
B.A board or commission member who was absent from all or a part of a public hearing shall not
participate in a decision on the matter unless the member has examined all the evidence, including
listening to a recording of the oral testimony or reviewing a videotape or other electronic medium
of the proceedings and represents that they have a full understanding of the matter.
2.15.340 Application to administrative hearings; disclosure of ex parte communications.
A.The procedures for the conduct of public hearings will apply to any quasi-judicial administrative
hearing conducted by the board or commission except when the requirements of this code or
other law require that hearings regarding a particular matter be conducted pursuant to a specific
procedure. In such case, the provisions of the law establishing the requirements shall prevail over
this chapter to the extent of any inconsistency. Specific rules of procedure for an administrative
hearing established by official action of the City Council, upon recommendation of the City
Attorney, will prevail over the provisions of this chapter to the extent of any inconsistency with
respect to that hearing and other hearings of a similar nature.
B.During the public hearing for a quasi-judicial matter and as required by City Council Policy No. 92,
board and commission members must verbally disclose all ex parte communications concerning
the subject of the public hearing. Such disclosure shall include a brief statement describing the
name and content of the communication. As used in this section, ex parte communications are
substantive, individual oral or written communications concerning quasi-judicial matters that
occur outside of a noticed public hearing. Ex parte communications include site visits or
investigations made by a member of the board or commission. The Presiding Officer will request
disclosure of ex parte communications from all members before the time for receipt of public
comment.
2.15.350 Evidence—Record of proceedings.
A.A decision of the board or commission may be based on any relevant evidence provided to the
board or commission for its consideration of an item and accepted into the record of the
proceedings by the Presiding Officer or made a part of the record of the proceedings pursuant to
this section. In addition to oral presentations and documents presented at a meeting, the board
or commission may consider any adopted general plan, specific plan, ordinance, resolution or
other record of official action of the city, and facts of common, general knowledge. The rules of
evidence as established by law for judicial proceedings in the State of California are not applicable
to proceedings of the board or commission and any credible, relevant evidence appropriate to
afford a full presentation of the facts necessary or convenient for judicious consideration of the
matter which is the subject of the board or commission’s consideration may be presented at the
discretion of the Presiding Officer. Failure of the Presiding Officer to strictly enforce rules of
evidence or to reject matters that may be irrelevant or immaterial does not affect the validity of
the hearing. Any procedural errors that do not materially affect the substantial rights of the parties
will be disregarded. Rulings of the Presiding Officer are subject to change by the board or
commission in the same manner as any other procedural order.
May 19, 2026 Item #3 Page 22 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
B.All materials included in the agenda packet for a meeting are evidence and part of the record of
the proceedings for the agenda item to which they pertain. It is not necessary for materials
included in the agenda packet to be read in full or referenced at the meeting; however, the staff
may present a summary of the information as part of the staff presentation or upon request of
the Presiding Officer. In addition, any of the following may be presented to the board or
commission during the meeting and, if presented are evidence and part of the record:
1.Exhibits and documents not included in the agenda packet that are used during the
presentation by city staff or persons addressing the board or commission and are provided
to the board or commission;
2.Maps and displays used at the meeting; provided that, whenever practicable, they shall be
displayed in full view of the participants and the audience;
3.All written communications and petitions concerning an item presented at a meeting if the
Presiding Officer grants a request for inclusion in the record; however, reading of
communications and petitions is not required and will generally be permitted only upon
authorization by the Presiding Officer; and
4.Information obtained outside the Council Chamber, such as a view of the site, provided the
information, to the extent it is relied upon in a quasi-judicial matter, is disclosed for the
record.
C.The staff liaison will retain the agenda packet, exhibits, reports, maps and other physical evidence
placed before the board or commission as public records. Such records may be released by the
staff liaison with the approval of the City Attorney. Items that are large, perishable, bulky or
otherwise difficult to store may be returned to the person submitting the item provided that the
staff liaison retains a photographic, video or digital record of the item. The staff liaison may make
and retain photographic, video or digital records of proceedings of meetings subject to the same
requirements applicable to other public records of the city.
D.Whenever any law requires that testimony be presented to the board or commission under oath
or affirmation, the Presiding Officer or the staff liaison may administer the oath or affirmation.
2.15.360 Enforcement of decorum.
A.The Police Chief or such member of the Police Department as the Chief, or authorized agent, may
designate, is the Sergeant-at-Arms for all boards and commissions. The Sergeant-at-Arms is
required to be available to respond to all meetings immediately upon call, and will attend
meetings at the request of the City Manager. The Sergeant-at-Arms is responsible for enforcing
the orders of the Presiding Officer given for the purpose of maintaining order and decorum at
board or commission meetings. The Sergeant-at-Arms may, at any time, request assistance from
other members of the Police Department to accomplish that purpose. The board or commission
may require the Presiding Officer to enforce the rules upon approval of a motion by any board or
commission member.
B.Any person, including any member of the board or commission or city staff, who by voice or
conduct engages in disrupting conduct prohibited by section 2.15.200(D) of this chapter or
May 19, 2026 Item #3 Page 23 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
otherwise disrupts a board or commission meeting by failing to comply with the rules established
by this chapter or any applicable ethics ordinance adopted by the City Council, and continues to
do so after the Presiding Officer has directed the person to stop, commits an offense punishable
as an infraction.
C.Any person arrested under subsection B of this section and who returns to the same meeting and
again violates the provisions of subsection B of this section commits an offence punishable as a
misdemeanor.
D.Any person previously convicted under subsection B of this section who again violates the
provisions of subsection B of this section commits an offence punishable as a misdemeanor.
2.15.370 Motions.
A motion is the formal statement of a proposal or question to the board or commission for
consideration and action. Every member has the right to present a motion. A motion may be made at
any time during consideration of a matter on the agenda; however, the Presiding Officer may defer
recognizing a motion until after presentation of a report of staff, public comment and questions by
members. It is not necessary for a motion to be pending for deliberation of a matter on the agenda. If
a motion is properly made, the Presiding Officer will call for a second. No further action is required on
a motion that does not receive a second. If a motion contains two or more divisible propositions, the
Presiding Officer may divide it and call for a separate vote on each proposition. A motion once made
and seconded may not be withdrawn by the maker without the consent of the second. The Presiding
Officer may, and upon request of any member, will restate a motion before a vote, provided, however,
that the Presiding Officer may request the restatement be made by the staff liaison.
2.15.380 Rules relating to motions.
A.When a main motion is pending, no other motion may be entertained except the following which
shall have precedence, one over the other, in the following order:
1.Adjourn
2.Recess
3.Defer
4.Call the question
5.Limit or extend debate
6.Refer to commission, committee, or staff
7.Amend
8.Continue
9.Main motion
May 19, 2026 Item #3 Page 24 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
B.A motion may not repeat a motion made previously at the same meeting unless there has been
some intervening board or commission action or discussion. A motion may not be made if a
motion to call the question is pending, and if the question has been called, until after the vote on
the question. A motion may not be made while a vote is being taken. A motion may not be made
to interrupt a member while speaking. A motion regarding a point of order or to direct the
Presiding Officer to enforce a provision of this chapter may be made at any time.
C.The purpose and salient criteria of the motions listed in subsection A are as follows:
1.Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another date, time, or place is
debatable and amendable as to the date, time and place to which the meeting is to be
adjourned.
2.Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the
meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3.Motion to defer:
Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be
taken up again for consideration during the current meeting or at the next regular meeting.
A motion to defer is also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
4.Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or questions and to bring
such question or questions to vote immediately. If the motion passes, a vote shall be taken
on the pending motion or motions.
Debatable or Amendable. No.
5.Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending
motion or to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the
proposed limit or extension.
May 19, 2026 Item #3 Page 25 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
6.Motion to refer to a subcommittee of the board or commission or city staff:
Purpose. To refer the question before the board or commission to a subcommittee of the
board or commission or request that the City Manager direct city staff to investigate or study
the proposal and make a report back to the board or commission. If the motion fails,
discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7.Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may be in
any of the following forms: to “add” or “insert” certain words or phrases; to “strike out
certain words or phrases and to add others”; to “replace” certain words, phrases or actions
on the same subject matter as the one pending; to “divide the question” into two or more
questions to allow for a separate vote on particular points. A motion to amend shall relate to
the subject of the main motion. A motion to amend, including a motion to substitute an entire
motion for the one pending, shall not be used to change the nature of the main motion, for
example a motion to replace the word “approve” with the word “disapprove” is prohibited
where the nature of the main motion is changed. If a motion to amend passes, then the main
motion should be voted on as amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is debatable.
It is amendable, but a motion to amend an amendment is not further amendable.
8.Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future date or
event. If the motion fails, discussion and voting on the main motion resumes. If it passes, the
subject of the main motion shall not be brought up again until the specified date or event.
Debatable or Amendable. It is debatable and amendable, however amendments are limited
to the date or event.
9.Main motion:
Purpose. The primary proposal or question before the board or commission for discussion
and decision.
Debatable or Amendable. Yes.
2.15.390 Board or commission action.
Board or commission action will be taken by motions approved by vote of the members of the board
or commission. Action may be taken by resolution upon approval by the required number of affirmative
votes of a motion to approve or adopt the resolution. Action not requiring adoption of a resolution,
may be taken by motion recorded in the minutes of the meeting. Resolutions implementing a staff
recommendation, selecting a Chair, Vice Chair and adopting a regular meeting calendar will be included
May 19, 2026 Item #3 Page 26 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
in the agenda packet. Resolutions will be prepared or approved by the City Attorney before submission
to the board or commission. It is not necessary to read the resolution by title or in full; provided it is
identified by the Presiding Officer. Upon execution of such a resolution, it shall become an official
action of the board or commission.
2.15.400 Correction of documents.
The City Clerk Services staff, with the consent of the City Attorney, is authorized to correct any
typographical or other technical or clerical error in any document approved by the board or
commission. Upon correction, the corrected document may be executed in the manner required of the
original and, when properly executed, will replace the original document, to be effective as of the date
of the original document, and to be retained in the files of the City Clerk.
2.15.410 Failure to observe procedures—waiver.
The provisions of this chapter are adopted to expedite the transaction of the business of the board or
commission in an orderly fashion and are deemed to be procedural only. The failure to strictly observe
such rules shall not affect the jurisdiction of the board or commission or invalidate any action taken at
a meeting that is otherwise held in conformity with law. Nothing in this section shall preclude the
Presiding Officer or board or commission from taking any action to cure a violation or alleged violation
of the provisions of this chapter or other applicable law governing the conduct of board or commission
meetings. Nothing in this section precludes the board or commission from correcting a violation or
alleged violation of the Brown Act according to the provisions of that Act.
2.15.420 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be deemed to create a
mandatory duty, the breach of which could result in liability to the city or to any city officer or employee
pursuant to state statute or other law.
2.15.430 Correspondence addressed to the board or commission.
The City Manager or designee is authorized to open and examine all written communications addressed
to the board or commission, except correspondence addressed to an individual member. An individual
member may authorize the City Manager to open and examine correspondence addressed to that
member. The City Manager is authorized to take appropriate administrative action to address
constituent concerns consistent with existing city policy. Correspondence relating to an item on the
agenda for a board or commission meeting will be included in the agenda packet.
May 19, 2026 Item #3 Page 27 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney 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 City Council of the City of
Carlsbad on the 19th day of May, 2026, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the __ day of ________, 2026, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 19, 2026 Item #3 Page 28 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Exhibit 2
Chapter 1.20
MEETINGS
Sections:
1.20.010 Policies applicable to all meetings.
1.20.020 Regular, special and emergency City Council meetings.
1.20.030 Adjournment of meetings.
1.20.040 Quorum.
1.20.050 Confidentiality of closed sessions.
1.20.060 City Council agenda.
1.20.070 Agenda packet.
1.20.080 Minutes.
1.20.090 Recordings or translations of meetings.
1.20.100 Role of the Presiding Officer.
1.20.110 Commencement of meetings.
1.20.120 Consent calendar.
1.20.130 General rules of procedure.
1.20.140 Public participation.
1.20.150 Use of city equipment.
1.20.160 Conduct of public hearings.
1.20.170 Decision following a public hearing.
1.20.180 Application to administrative hearings; disclosure of ex parte communications.
1.20.190 Application of procedures required by law.
1.20.200 Evidence—Record of proceedings.
1.20.210 Subpoenas.
1.20.220 Enforcement of decorum.
1.20.230 Motions.
1.20.240 Rules relating to motions.
1.20.250 City Council action.
1.20.260 Resolutions.
1.20.270 Ordinances.
1.20.280 Correction of documents.
1.20.290 Failure to observe procedures—waiver.
1.20.300 Limitation on liability.
1.20.310 Appeals procedure.
1.20.320 Correspondence addressed to the City Council.
1.20.010 Policies applicable to all meetings.
A.Meetings of the City Council, city boards and commissions, and other legislative bodies of
the cityc will be held according to the requirements of the Ralph M. Brown Act (California
Government Code Section 54950 et seq., referred to in this code as the “Brown Act”) and
this chapter. City Council subcommittees that qualify as a “legislative body” for purposes of
May 19, 2026 Item #3 Page 29 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the Brown Act, will hold meetings in accordance with the requirements of the Brown Act.
Terms defined in the Brown Act have the same meaning when used in this chapter.
B.Meetings will be open and public, except for closed sessions held as authorized by the Brown
Act.
C.When a meeting is in session, Council Members, city officers and employees, and members
of the public are expected to observe good order and decorum, and to not by conversation
or otherwise, improperly delay or interrupt the proceedings or refuse to obey the lawful
directives of the Presiding Officer.
D.The city is committed to maintaining safe and orderly meetings, free from intimidation,
harassment and disruption. Public participation is encouraged provided that participants
abide by the rules of conduct and procedure established by this chapter. The City Council
finds and declares it is important to remember that no one has a constitutional right to
disrupt a public meeting by attempting to impose their own voice or actions in a manner
that is loud, boisterous or unruly where such conduct is substantially disruptive of the
meeting itself and continues after the Presiding Officer has requested the person or persons
to stop. The issue in such cases is not about the content of speech, unless the content itself
violates the law, but rather with the extent of disruption caused to the meeting itself by the
manner and conduct of the disrupter’s actions. Therefore, to promote civic engagement,
orderly deliberation and efficient conduct of city business, the following general rules of
conduct apply to all city meetings:
1.Interactions among all meeting participants, whether participating in-person or via
two-way telephonic service or a two-way audiovisual platform, will be conducted in a
mutually respectful manner rather than an insulting, demeaning, intimidating or
offensive manner.
2.Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of
business will not be tolerated. This conduct includes failing to comply with reasonable
and lawful regulations adopted by the City Council and or engaging in behavior that
constitutes use of force or a true threat of force under Section 54957.95 of the Brown
Act.
3.Whether participating in-person or via two-way telephonic service or a two-way
audiovisual platform, Iindividuals who continue to disrupt, disturb, impede or render
infeasible the orderly conduct of a meeting may be removed from the meeting under
Section 54957.9 of the Brown Act after the Presiding Officer has directed the person to
cease the disrupting behavior and warned that continued disrupting behavior may
result in removal from the meeting. If a meeting is willfully interrupted by a group or
groups of persons and order cannot be restored by the removal of those individuals,
the Presiding Officer, subject to objection by a majority of Council Members in
attendance, may order the meeting room cleared and the meeting may continue as
provided in Section 54957.9 of the Brown Act.
4.Weapons and any object that may be used to inflict serious bodily injury are prohibited
at city meetings except those lawfully in the possession of authorized city personnel.
May 19, 2026 Item #3 Page 30 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
1.20.020 Regular, special and emergency City Council meetings.
A.Regular City Council meetings will be held on the dates and at the times established by City
Council resolution. Regular City Council meetings will be held at City Hall in the City Council
Chamber, unless a different location has been designated by the Mayor or action of the City
Council. If the Mayor, a majority of the City Council, City Manager, Fire Chief, Police Chief or
Building Official determines that the Council Chamber is unsafe for a meeting due to an
emergency, regular meetings may be held for the duration of the emergency at a location
designated on the agenda or other notice of the meeting.
B.Special City Council meetings may be called by the Mayor, a majority of the City Council, the
City Manager or the City Attorney. Notice of a special meeting must be given and posted as
provided in Section 54956 of the Brown Act. The notice must include the date, time and
location of the meeting, and a brief statement of the business to be transacted or discussed.
For special meetings, public comments can be made on agendized items only. No other
business may be transacted or discussed at the meeting. A special meeting regarding the
salaries, salary schedules or compensation paid in the form of fringe benefits, of the City
Manager, City Attorney, any department head or other executive level employee is
prohibited, however, special meetings to discuss the city’s budget are permitted.
C.During emergency situations, meetings may be held as provided in Section 54956.5 of the
Brown Act.
D.City Council meetings may be held concurrently as meetings of the legislative body of any
public agency the governing body of which is comprised of the members of the City Council.
When a concurrent meeting is held, the Presiding Officer or City Clerk will commence the
meeting with the announcement required by Section 54952.3 of the Brown Act. The agenda
shall include the information required by Section 54952.3 on the agenda for a meeting, and
the oral announcement may be made by reference to that information. As used in this
chapter, City Council also means the legislative body of any public agency the governing
body of which is comprised of the members of the City Council.
E.The City Clerk Services staff and City Manager are authorized and directed to prepare,
deliver and post meeting notices.
1.20.030 Adjournment of meetings.
Meetings may be adjourned to a time and place stated in the notice of adjournment and as
provided by law. The Presiding Officer may adjourn any meeting without need for a motion and
absent the objection of a majority of the quorum. Once adjourned, a meeting may not be
reconvened, except at the time and place stated in the notice of adjournment. A regular meeting
may not be adjourned to a date beyond the next regular meeting. The City Clerk Services staff
and City Manager are authorized and directed to prepare, deliver and post notices of
adjournment. A notice of adjournment is not required when a meeting is adjourned without
specification of the time and date when it will be reconvened.
1.20.040 Quorum.
A quorum necessary for the transaction of business at a meeting of the City Council exists
whenever a majority of the City Council are present. A meeting may be adjourned for lack of a
quorum by the Presiding Officer or, in the absence of a Presiding Officer, any member of City
May 19, 2026 Item #3 Page 31 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Council or the City Clerk. A Council Member disqualified from participation in a matter due to a
conflict of interest will not be counted toward achieving a quorum as to that matter. If a
disqualification due to a conflict of interest results in the lack of a quorum, consideration of the
matter will be deferred until either a quorum of non-disqualified Council Members is present, or
a quorum is determined as defined in and subject to the regulations of the Fair Political Practices
Commission.
1.20.050 Confidentiality of closed sessions.
The privilege of confidentiality of closed sessions is held by the City Council.
No person may disclose any information communicated during a closed session. This prohibition
does not apply to:
A.Disclosures expressly authorized by action taken by a majority of the City Council;
B.Reports of action taken in closed session;
C.Disclosures expressly authorized or required by law; or
D.Confidential disclosures to a Council Member, city employee or other person authorized to
attend a closed session without loss of the privilege of confidentiality.
1.20.060 City Council agenda.
A.The City Clerk, under direction of the City Manager, will prepare an agenda for each City
Council meeting. The agenda for a special or emergency meeting may be combined with the
notice of the meeting.
B.An agenda will contain the following information:
1.The date, time and location of the meeting;
2.The order of business and a brief general description of each item of business to be
transacted or discussed at the meeting, including a brief statement of the specific
action requested or recommended to be taken by the City Council;
3.A description of each closed session matter substantially in the manner authorized by
Section 54954.5 of the Brown Act;
4.Information relating to special services available to persons with disabilities to permit
those persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits
for public participation, rules of decorum, presentation of materials and other similar
matters.
C.The City Manager is responsible for scheduling matters for consideration by the City Council
based on established City Council priorities, the city’s business and governmental needs, and
the requirements of applicable law. Items of business may be placed on the agenda by any
Council Member, the City Manager or the City Attorney, or by City Council action. City
Council-originated items must be submitted to the City Manager not less than seven days
before the date of the City Council meeting at which the member desires the item to appear
on the agenda. Nothing in this section precludes a Council Member from requesting City
Council action to place an item on the agenda for a future meeting.
May 19, 2026 Item #3 Page 32 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
D.The City Clerk Services staff is authorized and directed to post agendas in accordance with
applicable law, including posting on the city’s website. The City Clerk Services staff is also
authorized and directed to mail agendas to persons and organizations who have filed a
request for a mailing of agendas. The agenda may be made available and delivered in
electronic format.
E.The agenda for regular meetings will be based on the following order of business:
1.Call to order
2.Roll call
3.Announcement of concurrent meetings
4.Pledge of allegiance
5.Approval of minutes
6.Presentations
7.Public report of any action taken in closed session
8.Public comment on matters not listed on the agenda
9.Consent calendar
10.Board and Commission Member Appointments
11.Ordinances for introduction
12.Ordinances for adoption
13.Public hearings
14.Departmental and City Manager reports
15.City Council commentary and requests for consideration of matters
16.Public comment (continuation)
1716. Announcements
1817. City Manager comments
1918. City Attorney comments
2019. City Clerk comments
2120. Adjournment
F.When a meeting is a concurrent meeting of the City Council and the legislative body of any
public agency the governing body of which is comprised of the members of the City Council,
action will be deemed to have been taken by the appropriate legislative body with
jurisdiction over the matter.
1.20.070 Agenda packet.
A.The City Manager is responsible for all staff reports and other documents relevant to each
item of business placed on an agenda by the City Manager or by City Council action. The City
Attorney is responsible for all staff reports and other documents relevant to each item of
business placed on the agenda by the City Attorney. For matters placed on the agenda by a
Council Member, the Council Member may provide information or other documents
May 19, 2026 Item #3 Page 33 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
relevant to the item so that staff can prepare a brief report on the Council Member’s behalf.
The City Manager or City Attorney may provide a report or recommendation relating to a
matter placed on the agenda by a Council Member. Staff reports and other documents
relevant to items of business, including reports and other documents provided by a Council
Member with respect to an item placed on the agenda by that Council Member, must be
delivered to the City Clerk by the deadline established by the City Manager. The City Clerk
Services staff, under the direction of the City Manager, is responsible for compiling the
reports and other documents and for preparing an agenda packet.
B.Staff reports, ordinances, resolutions and contract documents must be prepared or
approved by the City Attorney before delivery to the City Clerk Services staff for inclusion in
the agenda packet. Nothing in this chapter is intended to preclude the City Council from
orally amending any ordinance, resolution, contract, or other document presented to it prior
to final action at a meeting.
C.Correspondence, including electronic mail, relating to an item of business on an agenda
received by the City Clerk before 5:00 p.m. of the Wednesday preceding a regular meeting
will be included as part of the agenda packet materials for that item; correspondence
received later may be included in the agenda packet in any manner or may be delivered to
the City Council by different means.
D.The agenda packet for a regular meeting will be made available to the Council Members not
later than the Friday preceding the meeting. The agenda packet will be available to the
public at the Office of the City Clerk and posted on the city’s website on the same day that
it is delivered to the Council Members. An agenda packet for a special or emergency meeting
may be delivered to the City Council and made available to the public at the meeting. The
City Clerk Services staff is also authorized and directed to mail agenda packets to persons
and organizations who have filed a request for a mailing of agenda packets and have paid
the fee in the amount established by the city for that service. Agenda packets may be made
available and delivered in electronic format.
1.20.080 Minutes.
A.The City Clerk Services staff is responsible for the minutes of all City Council meetings. The
minutes will be a record of each particular type of business transacted., The minutes should
reflect summary action and should not be a verbatim transcript of the proceedings. The
minutes may include the names of persons addressing the City Council, the title of the
subject matter to which their remarks related and whether they spoke in support of or in
opposition to such matter. The City Clerk Services staff will include in the minutes of the
meeting a Council Member’s statement on a matter upon request made by that Council
Member at the time the statement is made. Any Council Member may have the reasons for
his or her support for or dissent from any action of the City Council entered in the minutes
by making a request in substantially the following manner: “I would like the minutes to show
that I [support] [am opposed to] this action for the following reasons...” or “For the record…”
B.The City Clerk Services staff will prepare proposed minutes and present them to the City
Council for approval.
May 19, 2026 Item #3 Page 34 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C.The minutes may be approved without reading if the City Clerk Services staff has included
the proposed minutes in the agenda packet. The minutes will be read before approval upon
motion approved by the City Council. Proposed amendments to the minutes as submitted
by the City Clerk Services staff must be verified by the City Clerk Services staff prior to
approval by the City Council. Following approval, minutes of meetings will be permanently
kept in a format or medium suitable for storage of permanent public records.
1.20.090 Recordings or translations of meetings.
A.All City Council meetings are recorded as an aid in the preparation of minutes and posted
on the city’s website for public access. Recordings will be retained in accordance with the
city’s adopted Records Retention Schedule unless a longer retention is required by the City
Council, the City Manager or the City Attorney.
B.If any person desires to have a matter reported by a stenographer or translated by a
translator, such person may employ one a stenographer or translator directly at the person’s
expense. The City Manager may make reasonable accommodations to assure that the
stenographer or translator is seated at a position at the meeting to facilitate accurate
reporting or translations.
C.Any person may film, videotape, photograph or audio tape a City Council meeting in the
absence of a reasonable finding by the Presiding Officer that the recording cannot continue
without noise, illumination or obstruction of view that constitutes or would constitute a
persistent disruption of the proceedings. Meetings may be televised by any person if it can
be accomplished without noise, illumination or obstruction of view that constitutes or would
constitute a persistent disruption of the proceedings.
1.20.100 Role of the Presiding Officer.
A.The Presiding Officer is the Mayor, or in the Mayor’s absence, the Mayor Pro Tem. In the
absence of both the Mayor and Mayor Pro Tem, the Presiding Officer will be selected from
among the Council Members constituting the quorum for the meeting. In the absence of the
Mayor and Mayor Pro Tem, the City Clerk shall call the City Council meeting to order, and a
temporary Presiding Officer shall be elected by the Council Members present. Upon the
arrival of the Mayor or the Mayor Pro Tem, the temporary Presiding Officer shall relinquish
the chair at the conclusion of the business then before the City Council.
B.The Presiding Officer will endeavor to conduct the meeting in an orderly, even-handed and
businesslike manner and in substantially the order and manner provided on the agenda.
Council Members should have a full and equal opportunity to express their respective views.
Matters should be fully deliberated before action is taken.
C.The Presiding Officer may move, second, debate and vote from the chair. The Presiding
Officer is not deprived of any of the rights and privileges of a Council Member due to acting
as Presiding Officer. The Presiding Officer, or such person as the Presiding Officer may
designate, may verbally restate each question immediately prior to calling for the vote.
D.The Presiding Officer is responsible for the maintenance of order and decorum at all
meetings. The Presiding Officer will decide all matters of order and procedure under this
chapter, subject to the right of any Council Member to request a ruling by the quorum and
the question shall be, “Shall the decision of the presiding officer be sustained?” Requests
May 19, 2026 Item #3 Page 35 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
for a ruling by the quorum require a second and will be promptly considered. A majority
vote of the quorum will conclusively determine the question.
1.20.110 Commencement of meetings.
At the time set for each regular meeting, each member of the City Council, the City Manager, City
Clerk, City Attorney and such department heads or others as have been requested to be present
shall take their regular places in the City Council Chamber or other set meeting location. The
Presiding Officer will call the meeting to order. Before proceeding with the business of the City
Council, the City Clerk will call the roll of the Council Members and the names of the Council
Members present will be entered in the minutes. If the meeting is a concurrent meeting of the
City Council and one or more legislative bodies of a public agency for which the City Council is
the governing body, the Mayor or the Presiding Officer will also make the announcement
required by law.
1.20.120 Consent calendar.
An agenda may contain a consent calendar of items grouped together for action by single motion
and without discussion when the items are considered by the City Manager to be routine,
noncontroversial or in the nature of housekeeping matters. The actions recommended or
requested by the City Manager will be included in summary form in the agenda description of
each consent calendar item. Before accepting a motion to approve the consent calendar, the
Presiding Officer will ask if any Council Member, city officer or employee, or member of the public
desires to be heard on one or more consent items. In that event, the Presiding Officer will defer
action on the particular matter or matters as part of the regular agenda in any order deemed
appropriate. A Council Member may record a negative vote or an abstention on a consent
calendar item without removing the item for discussion by so stating prior to the vote on the
motion to approve the consent calendar. A request from the public to discuss an item on the
consent calendar must be filed with submitted to the City Clerk in writing prior to the
commencement of City Council consideration of the consent calendar. Members of the public
participating via two-way telephonic service or a two-way audiovisual platform may submit a
request to discuss an item on the consent calendar by virtually raising their hand before
commencement of City Council consideration of the consent calendar. The City Clerk Services
staff is directed to include on an agenda containing a consent calendar, a statement of this
requirement along with a summary of the procedure for consideration of consent calendar items.
1.20.130 General rules of procedure.
A.Every Council Member, city officer or employee, or any other person desiring to speak
during a City Council meeting must first gain recognition by the Presiding Officer. Following
recognition by the Presiding Officer, speakers must confine their remarks to the question or
matter under consideration, avoiding reference to character and indecorous language.
B.Every Council Member wanting to question the city staff will address the questions to the
City Manager or the City Attorney, who shall be entitled either to answer the inquiry or to
designate a member of his or her staff for that purpose. Members of the public desiring to
ask a question regarding an item on the agenda must do so only when public comment
regarding the item is permitted. Questions from a member of the public must be directed
to the Presiding Officer, who may refer the question to any member of the City Council, the
City Manager or the City Attorney as the Presiding Officer deems appropriate.
May 19, 2026 Item #3 Page 36 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C.Once a Council Member, city officer or employee, or other person has been recognized and
allowed to speak by the Presiding Officer, the person will be allowed to conclude his or her
remarks without interruption, except an interruption by the Presiding Officer to preserve
order, subject to applicable time limits. A Council Member seeking to raise a point of order
or personal privilege must first gain recognition from the Presiding Officer. If a Council
Member while speaking is called to order, the Council Member shall cease speaking until
the question of order is determined, and if determined to be in order, the Council Member
may proceed. If interrupted by the Presiding Officer, city officers and employees and
members of the public must cease speaking until further authorization by the Presiding
Officer.
D.The right of a Council Member to address the City Council on a question of personal privilege
is limited to cases in which the Council Member’s integrity, character or motives are
questioned or where the welfare of the City Council is concerned. A Council Member raising
a point of personal privilege may interrupt another Council Member who has the floor only
if the Presiding Officer recognizes the privilege.
E.A Council Member who wishes to terminate discussion of a motion may call for the question.
If the call is seconded, the Presiding Officer shall ask for a vote. If the call carries, the Council
shall then vote on the motion without further discussion.
F.Voting will be conducted using the voting system installed in the City Council Chamber,
unless the City Council dispenses with use of the voting system or the system is not
functioning. If the voting light system is not used, voting will be by voice vote or other system
by which the vote of each Council Member is made known to the public. Secret ballots are
prohibited.
G.Every Council Member should vote unless disqualified due to a conflict of interest. A Council
Member who abstains from voting acknowledges that a majority of the quorum may decide
the question voted upon, however, ordinances, resolutions, orders for franchise or
payments of money or adoption or amendment of a specific or general plan require the
affirmative vote of a majority of the City Council (i.e., three affirmative votes).
H.For matters that may be decided by a majority of the quorum, tie votes constitute “no
action,” and the matter voted upon remains before the City Council and is subject to further
City Council consideration. If the Presiding Officer determines the City Council is unable to
take action on a matter during a meeting because of a tie vote, the City Clerk Services staff
shall place the item on the next regular meeting of the City Council for further consideration.
For matters requiring approval by affirmative vote of a majority of the City Council, any vote
of less than the required number of affirmative votes results in denial of the action, unless
a member of the City Council who did not vote in the affirmative requests that the matter
remain open for further consideration. For matters involving development applications
before the City Council because of a recommendation or appeal from the Planning
Commission, if a final decision of the City Council is not reached within 60 days of the date
of the first meeting at which the matter is considered, the matter will be deemed denied.
During this 60-day period, any Council Member may make a written request that the matter
be restored to the City Council’s agenda.
May 19, 2026 Item #3 Page 37 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
I.A Council Member may change his or her vote immediately following the announcement of
the result of a vote on a matter by the Presiding Officer and before the next item of business.
Except in the case of a tie vote, a Council Member who publicly announces that he or she is
abstaining from voting on a particular matter may not withdraw the abstention.
J.A motion to reconsider any action taken by the City Council may be made only at the
meeting at which the action was taken, including a recessed or adjourned session of the
meeting and by a Council Member who voted with the prevailing side. Consideration of
action to rescind, repeal, cancel or otherwise nullify prior City Council action is in order at
any subsequent meeting of the City Council, subject to placement of the matter on the
agenda in the same manner as any new item of business. The effect of such action will
operate prospectively and not retroactively and will not operate to adversely affect
individual rights which may have been vested in the interim without notice and an
opportunity to be heard having been given to the affected party or parties.
1.20.140 Public participation.
A.Members of the public may address the City Council on items of business listed on an agenda
of any meeting. Persons desiring to address the City Council regarding any item on the
agenda, including an item listed on the consent calendar or items noticed for a public
hearing, must submit a request to speak to the City Clerk before the item is called by the
Presiding Officer calls for public comment on that item. Members of the public participating
via two-way telephonic service or a two-way audiovisual platform may submit a request to
speak on an item by virtually raising their hand prior to the start of public comment on that
item. The Presiding Officer, with the consent of the majority of the quorum, may allow a
person who has not filed such a request to address the City Council.
B.At regular meetings, including adjourned regular meetings, members of the public may
address the City Council on items not appearing on the agenda during the portion of the
agenda set aside for this purpose. The total amount of time set aside for this purpose at the
beginning of the meeting will not exceed 15 minutes, additional time will be set aside at the
end of the meeting. Persons addressing the City Council must confine their remarks to
matters within the subject matter jurisdiction of the City Council or a public agency for which
the City Council serves as the governing body. Persons desiring to address the City Council
on items not appearing on the agenda must submit a request to speak to the City Clerk
before public comment is called. The Presiding Officer, with the consent of the majority of
the quorum, may allow a person who has not filed such a request to address the City Council.
Group time and presentations requiring the use of audio visual equipment will not be
permitted during public comment on matters not appearing on the agenda.
C.The City Clerk will organize speaker slips for in-person speakers pertaining to each agenda
item in the order received. and In-person speakers will be invited to address the City Council
based on that order. Virtual speakers will be invited to speak after the in-person speakers in
the order in which they raised their hand. Upon direction of the Presiding Officer, the names
will be called by the City Clerk.
D.Members of the public will address the City Council from the podium provided for that
purpose or virtually via the two-way telephonic service or two-way audiovisual platform.
May 19, 2026 Item #3 Page 38 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Each member of the public will be permitted to speak for up to three minutes, unless the
Presiding Officer has announced a shorter duration at the commencement of the item under
consideration. A shorter duration may be set when the Presiding Officer or a majority of the
quorum determine that the length and duration of public comments on a matter would be
unduly burdensome and prevent or frustrate the City Council from reaching a timely
decision on the matter. Persons must confine their remarks to the agenda item under
consideration. A speaker may not yield time to another speaker.
E.Whenever the city provides an opportunity for members of the public to attend a City
Council meeting via a two-way telephonic service or a two-way audiovisual platform, the
City Manager will establish reasonable rules and procedures to facilitate public comment by
people attending remotely.
FE. After the Presiding Officer has closed the public input portion of an agenda item, no member
of the public may address the City Council without first being recognized by the Presiding
Officer and securing permission to do so by a majority vote of the quorum.
F.To facilitate organized presentations, a group of persons may submit a request to speak as
a group for items listed on the agenda only. Groups must select one single member to speak
on behalf of that group. The group representative must identify the group and list not fewer
than three additional members of the group who will simultaneously turn in their own
individual speaker cards and be present during the meeting at which the presentation is
made. The presentation on behalf of the group may not exceed 10 minutes unless additional
time is authorized by a majority of the quorum.
G.For items listed on the agenda, members of the public will generally be invited to speak
following the staff presentation, if any, and before City Council discussion of the item. For
items removed from the consent calendar at the request of a member of the public, the
Presiding Officer may invite the speaker to address the City Council and may defer or waive
presentation of a staff report.
1.20.150 Use of city equipment.
Persons desiring to use city information system or communication equipment for presentation
of information to the City Council must make arrangements in advance with the City Manager.
The City Manager may establish reasonable rules regarding format, security, time for submission
and other similar matters. The time spent presenting visual materials is included in the maximum
time limit provided to speakers. All materials exhibited to the City Council during the meeting are
part of the public record.
1.20.160 Conduct of public hearings.
A.The provisions of this section apply to matters listed on the agenda as public hearing items.
Except as otherwise provided in this section, all of the provisions of this chapter apply to
matters listed as public hearing items.
B.Public hearings will be noticed to begin at the time the City Council convenes, unless
otherwise determined by the City Manager or directed by the City Council in which case the
notice of public hearing and agenda may state a different time. Public hearings may
commence any time after the noticed commencement time and in any order determined by
May 19, 2026 Item #3 Page 39 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the City Council. Meetings may be adjourned when necessary or convenient to complete a
public hearing or schedule of public hearings.
C.All documents intended by the city to be part of the record of the public hearing and any
correspondence received by the city pertaining to the subject matter of the public hearing
will be available at the Office of the City Clerk at least 24 hours prior to commencement of
the public hearing. This provision does not preclude the submission by any person of
supplemental or additional information during the public hearing.
D.The applicant will be permitted 10 minutes to make a presentation, not including time to
respond to questions by members of the City Council, and five minutes to respond to
comments by members of the public. As used in this section, the applicant includes any
person or entity whose rights or interests are directly the subject matter of the public
hearing.
E.The order of the hearing will be as follows unless otherwise required by law or agreed upon
by the city and the applicant:
1.Presentation of staff and/or Planning Commission report;
2.Questions from the City Council;
3.Presentation by the applicant, if any;
4.Comments by members of the public;
5.Response by staff or applicant to facts or issues raised by public comments;
6.City Council discussion and action.
F.The Presiding Officer may, set longer time limits than otherwise allowed by this chapter for
adequate presentation of testimony and evidence to provide a fair hearing. The decision of
the Presiding Officer may be appealed to the City Council and determined by a majority of
the quorum.
G.Any person, other than a member of the City Council, who wishes to direct question(s) to an
opposing witness shall submit such question(s) to the Presiding Officer, who will ask the
question(s) to the witness. The Presiding Officer may at his or her discretion restrict the
number and nature of any questions asked pursuant to this section.
H.Before commencement of City Council discussion and action, the Presiding Officer may
order closed the public input portion of the public hearing, at which time no further
evidence, either oral or written, will be accepted by the City Council except in response to a
question by a Council Member; provided, however, that this rule may be relaxed by the
Presiding Officer where it appears that good cause exists to hear further evidence
concerning the matter which is the subject of the public hearing. Following completion of
questions by Council Members, the Presiding Officer may order the public hearing closed. A
public hearing once closed cannot be reopened on the date set for hearing unless the
Presiding Officer determines that all persons who were present when the public hearing
closed are still present. Nothing in this section, however, is intended to prevent or prohibit
the reopening of a public hearing at any subsequent meeting, provided notice is first given
in the manner required for the initial public hearing.
May 19, 2026 Item #3 Page 40 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
I.A public hearing may be continued to a date certain any time before the closing of the public
hearing in order to permit presentation of additional written or oral evidence, or return the
matter to the Planning Commission for further consideration. The Presiding Officer will
publicly announce the date, time and place that the public hearing will reconvene, and
further evidence will be taken, and the announcement constitutes sufficient notice to the
public of the date, time, and place of the continued public hearing. If the matter is returned
to the Planning Commission for further consideration, the Presiding Officer must publicly
announce the matter has been returned to the Planning Commission for consideration and
may announce the date, time and place of the continued public hearing to receive the
further report by the Planning Commission. If the Presiding Officer announces the date, time
and place of the continued hearing, the clerk will post a notice of continuance in the same
manner as for posting notices of an adjourned meeting, however no further public notice is
required. If the Presiding Officer does not announce the date, time and place for
continuance of the matter following return to the Planning Commission, the public hearing
will be noticed in the same manner as for the initial public hearing.
1.20.170 Decision following a public hearing.
A.A decision may be made at any time following the close of a public hearing. The City Council
may adopt a resolution or ordinance recommended by staff and presented as part of the
agenda packet or may indicate its intended decision and instruct the City Attorney to return
with the resolution or ordinance necessary to effect the decision. For decisions that include
a quasi-judicial determination, the City Council may adopt the resolution or ordinance, as
presented or as may be amended by the City Council, if it determines that the findings
contained in the document are supported by the evidence presented at the hearing and the
decision is supported by the findings. The City Council’s decision is not final until adoption
of the documents.
B.A Council Member who was absent from all or a part of a public hearing shall not participate
in a decision on the matter unless the Council Member has examined all the evidence,
including listening to a recording of the oral testimony or reviewing a videotape or other
electronic medium of the proceedings and represents that he or she has a full understanding
of the matter.
1.20.180 Application to administrative hearings; disclosure of ex parte communications.
A.The procedures for the conduct of public hearings will apply to any quasi-judicial
administrative hearing conducted by the City Council except as provided in Section 1.20.190.
B.During the public hearing for a quasi-judicial matter and as required by City Council Policy
No. 92, Council Members must verbally disclose all ex parte communications concerning the
subject of the public hearing. Such disclosure shall include a brief statement describing the
name and content of the communication. As used in this section, ex parte communications
are substantive, individual oral or written communications concerning quasi-judicial matters
that occur outside of a noticed public hearing. Ex parte communications include site visits
or investigations made by a Council Member. The Presiding Officer will request disclosure
of ex parte communications from all Council Members before the time for receipt of public
comment.
May 19, 2026 Item #3 Page 41 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
1.20.190 Application of procedures required by law.
Whenever the requirements of this code or other law require that hearings regarding a particular
matter be conducted pursuant to a specific procedure, the provisions of the law establishing the
requirements shall prevail over this chapter to the extent of any inconsistency. Specific rules of
procedure for an administrative hearing established by official action of the City Council, upon
recommendation of the City Attorney, will prevail over the provisions of this chapter to the extent
of any inconsistency with respect to that hearing and other hearings of a similar nature.
1.20.200 Evidence—Record of proceedings.
A.A decision of the City Council may be based on any relevant evidence provided to the City
Council for its consideration of an item and accepted into the record of the proceedings by
the Presiding Officer or made a part of the record of the proceedings pursuant to this
section. In addition to oral presentations and documents presented at a meeting, the City
Council may consider any adopted general plan, specific plan, ordinance, resolution or other
record of official action of the city, and facts of common, general knowledge. The rules of
evidence as established by law for judicial proceedings in the State of California are not
applicable to proceedings of the City Council and any credible, relevant evidence
appropriate to afford a full presentation of the facts necessary or convenient for judicious
consideration of the matter which is the subject of the City Council’s consideration may be
presented at the discretion of the Presiding Officer. Failure of the Presiding Officer to strictly
enforce rules of evidence or to reject matters that may be irrelevant or immaterial does not
affect the validity of the hearing. Any procedural errors that do not materially affect the
substantial rights of the parties will be disregarded. Rulings of the Presiding Officer are
subject to change by the City Council in the same manner as any other procedural order.
B.All materials included in the agenda packet for a meeting are evidence and part of the record
of the proceedings for the agenda item to which they pertain. It is not necessary for
materials included in the agenda packet to be read in full or referenced at the meeting;
however, the staff may present a summary of the information as part of the staff
presentation or upon request of the Presiding Officer. In addition, any of the following may
be presented to the City Council during the meeting and, if presented are evidence and part
of the record:
1.Exhibits and documents not included in the agenda packet that are used during the
presentation by city staff or persons addressing the City Council and are provided to
the City Council;
2.Maps and displays used at the meeting; provided that, whenever practicable, they shall
be displayed in full view of the participants and the audience;
3.All written communications and petitions concerning an item presented at a meeting
if the Presiding Officer grants a request for inclusion in the record; however, reading of
communications and petitions is not required and will generally be permitted only
upon authorization by the Presiding Officer; and
4.Information obtained outside the City Council Chamber, such as a view of the site,
provided the information, to the extent it is relied upon in a quasi-judicial matter, is
disclosed for the record.
May 19, 2026 Item #3 Page 42 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C.The City Clerk Services staff will retain the agenda packet, exhibits, reports, maps and other
physical evidence placed before the City Council as public records. Such records may be
released by the City Clerk Services staff with the approval of the City Attorney. Items that
are large, perishable, bulky or otherwise difficult to store may be returned to the person
submitting the item provided that the City Clerk Services staff retains a photographic, video
or digital record of the item. The City Clerk Services staff may make and retain photographic,
video or digital records of proceedings of meetings subject to the same requirements
applicable to other public records of the city.
D.Whenever any law requires that testimony be presented to the City Council under oath or
affirmation, the Presiding Officer or the City Clerk Services staff may administer the oath or
affirmation.
1.20.210 Subpoenas.
The City Council may order the City Clerk to issue, and the chief of police or representative to
serve, subpoenas for any witnesses or records necessary for the production of evidence at any
duly scheduled public hearing or quasi-judicial administrative proceeding.
1.20.220 Enforcement of decorum.
A.The Police Chief or such member of the Police Department as the Chief, or authorized agent,
may designate, is the Sergeant-at-Arms of the City Council. The Sergeant-at-Arms is required
to be available to respond to all meetings immediately upon call, and will attend meetings
at the request of the Mayor, City Manager or majority of the City Council. The Sergeant-at-
Arms is responsible for enforcing the orders of the Presiding Officer given for the purpose
of maintaining order and decorum at the City Council meetings. The Sergeant-at-Arms may,
at any time, request assistance from other members of the Police Department to accomplish
that purpose. The City Council may require the Presiding Officer to enforce the rules upon
approval of a motion by any Council Member.
B.Any person, including any member of the City Council or city staff, who by voice or conduct
engages in disrupting conduct prohibited by section 1.20.010(D) of this chapter or otherwise
disrupts a City Council meeting by failing to comply with the rules established by this chapter
or any applicable ethics ordinance adopted by the City Council, and continues to do so after
the Presiding Officer has directed the person to stop, commits an offense punishable as an
infraction.
C.Any person arrested under subsection B of this section and who returns to the same meeting
and again violates the provisions of subsection B of this section commits an offence
punishable as a misdemeanor.
D.Any person previously convicted under subsection B of this section who again violates the
provisions of subsection B of this section commits an offence punishable as a misdemeanor.
1.20.230 Motions.
A motion is the formal statement of a proposal or question to the City Council for consideration
and action. Every Council Member has the right to present a motion. A motion may be made at
any time during consideration of a matter on the agenda; however, the Presiding Officer may
defer recognizing a motion until after presentation of a report of staff, public comment and
questions by members. It is not necessary for a motion to be pending for deliberation of a matter
May 19, 2026 Item #3 Page 43 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
on the agenda. If a motion is properly made, the Presiding Officer will call for a second. No further
action is required on a motion that does not receive a second. If a motion contains two or more
divisible propositions, the Presiding Officer may divide it and call for a separate vote on each
proposition. A motion once made and seconded may not be withdrawn by the maker without
the consent of the second. The Presiding Officer may, and upon request of any Council Member
will, restate a motion before a vote, provided, however, that the Presiding Officer may request
the restatement be made by the City Clerk or City Attorney.
1.20.240 Rules relating to motions.
A.When a main motion is pending, no other motion may be entertained except the following
which shall have precedence, one over the other, in the following order:
1.Adjourn
2.Recess
3.Defer
4.Call the question
5.Limit or extend debate
6.Refer to commission, committee, or staff
7.Amend
8.Continue
9.Main motion
B.A motion may not repeat a motion made previously at the same meeting unless there has
been some intervening City Council action or discussion. A motion may not be made if a
motion to call the question is pending, and if the question has been called, until after the
vote on the question. A motion may not be made while a vote is being taken. A motion may
not be made to interrupt a Council Member while speaking. A motion regarding a point of
order or to direct the Presiding Officer to enforce a provision of this chapter may be made
at any time.
C.The purpose and salient criteria of the motions listed in subsection A are as follows:
1.Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another date, time, or
place is debatable and amendable as to the date, time and place to which the meeting
is to be adjourned.
2.Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite time for continuing
the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3.Motion to defer:
May 19, 2026 Item #3 Page 44 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it
may be taken up again for consideration during the current meeting or at the next
regular meeting. A motion to defer is also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
4.Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or questions and to
bring such question or questions to vote immediately. If the motion passes, a vote shall
be taken on the pending motion or motions.
Debatable or Amendable. No.
5.Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending
motion or to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the
proposed limit or extension.
6.Motion to refer to commission, committee or staff:
Purpose. To refer the question before the City Council to a commission, committee or
city staff for the purpose of investigating or studying the proposal and making a report
back to the City Council. If the motion fails, discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7.Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may
be in any of the following forms: to “add” or “insert” certain words or phrases; to “strike
out certain words or phrases and to add others”; to “replace” certain words, phrases
or actions on the same subject matter as the one pending; to “divide the question” into
two or more questions to allow for a separate vote on particular points. A motion to
amend shall relate to the subject of the main motion. A motion to amend, including a
motion to substitute an entire motion for the one pending, shall not be used to change
the nature of the main motion, for example a motion to replace the word “approve”
with the word “disapprove” is prohibited where the nature of the main motion is
changed. If a motion to amend passes, then the main motion should be voted on as
amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is
debatable. It is amendable, but a motion to amend an amendment is not further
amendable.
8.Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future
date or event. If the motion fails, discussion and voting on the main motion resumes.
If it passes, the subject of the main motion shall not be brought up again until the
specified date or event.
May 19, 2026 Item #3 Page 45 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Debatable or Amendable. It is debatable and amendable, however amendments are
limited to the date or event.
9.Main motion:
Purpose. The primary proposal or question before the City Council for discussion and
decision.
Debatable or Amendable. Yes.
1.20.250 City Council action.
City Council action will be taken by motions approved by vote of Council Members. Action
required by law to be taken by resolution or ordinance may be taken upon approval by the
required number of affirmative votes of a motion to approve or adopt the resolution or
ordinance. Action not requiring adoption of a resolution or ordinance, including providing
direction or authorization to a city officer or employee, may be taken by motion recorded in the
minutes of the meeting.
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be included in the
agenda packet. Resolutions will be prepared or approved by the City Attorney before submission
to the City Council. It is not necessary to read the resolution by title or in full; provided it is
identified by the Presiding Officer. Where a particular resolution has not been prepared in
advance, a motion may direct the City Attorney to prepare the document and return it to the City
Council. When necessary, a resolution may be presented verbally in motion form together with
instructions for written preparation. Upon execution of such a resolution, it shall become an
official action of the City Council.
1.20.270 Ordinances.
All ordinances will be prepared or approved by the City Attorney before submission to the City
Council. The City Attorney will not prepare an ordinance unless directed by the City Council or
City Manager or on the City Attorney’s own initiative.
Ordinances will be adopted according to the procedure established by statute. As permitted by
Government Code Section 36934, and unless otherwise directed by the City Council, a reading of
the title or the ordinance shall not be required if the title is included on the published agenda
and a copy of the full ordinance is made available to the public online and in print at the meeting
prior to its introduction or passage.
1.20.280 Correction of documents.
The City Clerk Services staff, with the consent of the City Attorney, is authorized to correct any
typographical or other technical or clerical error in any document approved by the City Council.
Upon correction, the corrected document may be executed in the manner required of the original
and, when properly executed, will replace the original document, to be effective as of the date
of the original document, and to be retained in the files of the City Clerk.
1.20.290 Failure to observe procedures—waiver.
The provisions of this chapter are adopted to expedite the transaction of the business of the City
Council in an orderly fashion and are deemed to be procedural only. The failure to strictly observe
such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a
May 19, 2026 Item #3 Page 46 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
meeting that is otherwise held in conformity with law. Nothing in this section shall preclude the
Presiding Officer or City Council from taking any action to cure a violation or alleged violation of
the provisions of this chapter or other applicable law governing the conduct of City Council
meetings. Nothing in this section precludes the City Council from correcting a violation or alleged
violation of the Brown Act according to the provisions of that Act.
1.20.300 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be deemed to
create a mandatory duty, the breach of which could result in liability to the city or to any city
officer or employee pursuant to state statute or other law.
1.20.310 Appeals procedure.
Where no specific appeals procedure is established by this code for any decision of a city
commission, committee or official that substantially affects the rights, duties or privileges of an
aggrieved person, such decision may be appealed to the City Council by filing a written notice of
appeal with the City Clerk Services staff within 10 calendar days of the date of the decision. Fees
for filing an appeal shall be established by resolution of the City Council. The City Manager will
place the matter on an agenda for City Council consideration in the manner provided in Section
1.20.060 and provide notice to the aggrieved person of the date, time and place of the meeting
at which the matter will be considered. The aggrieved person will be permitted five minutes to
make a presentation to the City Council, but otherwise, the procedures applicable to items not
scheduled for public hearing will apply. The decision of the City Council regarding the matter is
final.
1.20.320 Correspondence addressed to the City Council.
The City Manager is authorized to open and examine all written communications addressed to
the City Council, except correspondence addressed to an individual Council Member. An
individual Council Member may authorize the City Manager to open and examine
correspondence addressed to that Council Member. The City Manager is authorized to take
appropriate administrative action to address constituent concerns consistent with existing city
policy. Matters requiring City Council action may be placed on the agenda by the City Manager
in the manner provided in this chapter. On a weekly basis, the City Manager will provide the
Mayor and Council Members with correspondence received and a report of any administrative
action taken. Correspondence relating to an item on the agenda for a City Council meeting will
be provided to the City Clerk Services staff for inclusion in the agenda packet. The City
Manager’s Office and City Clerk’s Office will coordinate on mail received by the City Clerk’s
Office to effectively accomplish the purposes of this section.
May 19, 2026 Item #3 Page 47 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
2.15.090 Procedural rules and regulationsReserved.
All boards and commissions shall conduct their meetings pursuant to the rules contained in
Carlsbad Municipal Code Chapter 1.20 and any additional rules and regulations developed by the
City Clerk working in conjunction with the board or commission.
2.15.100 Quorum
Unless otherwise specifically provided in this chapter, a majority of the total number of members
of the board or commission shall be necessary to constitute a quorum for a board or commission
to take action. A meeting may be adjourned for lack of a quorum by the Presiding Officer or, in
the absence of a Presiding Officer, any member of the board or commission or the staff liaison.
A board or commission member disqualified from participation in a matter due to a conflict of
interest will not be counted toward achieving a quorum as to that matter. If a disqualification
due to a conflict of interest results in the lack of a quorum, consideration of the matter will be
deferred until either a quorum of non-disqualified members is present, or a quorum is
determined as defined in and subject tounder the legally required participation rules in the
Political Reform Act and the regulations of the Fair Political Practices Commission.
NEW SECTIONS TO BE ADDED TO CHAPTER 2.15:
2.15.200 Meetings
A.Meetings of city boards and commissions will be held according to the requirements of the
Ralph M. Brown Act (California Government Code Section 54950 et seq., referred to in this
code as the “Brown Act”) and this chapter. Terms defined in the Brown Act have the same
meaning when used in this chapter.
B.Meetings will be open and public. When a meeting is in session, board and commission
members, city officers and employees, and members of the public are expected to observe
good order and decorum, and to not by conversation or otherwise, improperly delay or
interrupt the proceedings or refuse to obey the lawful directives of the Presiding Officer.
C.The city is committed to maintaining safe and orderly meetings, free from intimidation,
harassment and disruption. Public participation is encouraged provided that participants
abide by the rules of conduct and procedure established by this chapter. The City Council
finds and declares it is important to remember that no one has a constitutional right to
disrupt a public meeting by attempting to impose their own voice or actions in a manner
that is loud, boisterous or unruly where such conduct is substantially disruptive of the
meeting itself and continues after the Presiding Officer has requested the person or persons
to stop. The issue in such cases is not about the content of speech, unless the content itself
violates the law, but rather with the extent of disruption caused to the meeting itself by the
manner and conduct of the disrupter’s actions. Therefore, to promote civic engagement,
May 19, 2026 Item #3 Page 48 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
orderly deliberation and efficient conduct of city business, the following general rules of
conduct apply to all city meetings:
1.Interactions among all meeting participants will be conducted in a mutually respectful
manner rather than an insulting, demeaning, intimidating or offensive manner.
2.Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of
business will not be tolerated. This conduct includes failing to comply with reasonable
and lawful regulations adopted by the City Council and engaging in behavior that
constitutes use of force or a true threat of force under Section 54957.95 of the Brown
Act.
3.Individuals who continue to disrupt, disturb, impede or render infeasible the orderly
conduct of a meeting may be removed from the meeting under Section 54957.9 of the
Brown Act after the Presiding Officer has directed the person to cease the disrupting
behavior and warned that continued disrupting behavior may result in removal from
the meeting. If a meeting is willfully interrupted by a group or groups of persons and
order cannot be restored by the removal of those individuals, the Presiding Officer,
subject to objection by a majority of members of the board or commission in
attendance, may order the meeting room cleared and the meeting may continue as
provided in Section 54957.9 of the Brown Act.
4.Weapons and any object that may be used to inflict serious bodily injury are prohibited
at city meetings except those lawfully in the possession of authorized city personnel.
2.15.210 Regular and special meetings.
A.Regular meetings will be held on the dates and at the times established by resolution.
Regular meetings will be held at City Hall in the Council Chamber, unless a different location
for the meeting has been designated by the City Manager.
B.Special meetings may be called by the Chair, a majority of the members of the board or
commission, the City Manager or the City Attorney. Notice of a special meeting must be
given and posted as provided in Section 54956 of the Brown Act. The notice must include
the date, time and location of the meeting and a brief statement of the business to be
transacted or discussed. For special meetings, public comments can be made on agendized
items only. No other business may be transacted or discussed at the meeting.
C.The staff liaisons are authorized and directed to prepare, deliver and post meeting notices.
2.15.220 Adjournment of meetings.
Meetings may be adjourned to a time and place stated in the notice of adjournment and as
provided by law. The Presiding Officer may adjourn any meeting without need for a motion and
absent the objection of a majority of the quorum. Once adjourned, a meeting may not be
reconvened, except at the time and place stated in the notice of adjournment. A regular meeting
May 19, 2026 Item #3 Page 49 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
may not be adjourned to a date beyond the next regular meeting. The staff liaisons are authorized
and directed to prepare, deliver and post notices of adjournment. A notice of adjournment is not
required when a meeting is adjourned without specification of the time and date when it will be
reconvened.
2.15.230 Agenda.
A. The staff liaison will prepare an agenda for each meeting. The agenda for a special meeting
may be combined with the notice of the meeting.
B. An agenda will contain the following information:
1. The date, time and location of the meeting;
2. The order of business and a brief general description of each item of business to be
transacted or discussed at the meeting, including a brief statement of the specific
action requested or recommended to be taken by the board or commission; and
3. Information relating to special services available to persons with disabilities to permit
those persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits
for public participation, rules of decorum, presentation of materials and other similar
matters.
C. The staff liaison is responsible for scheduling matters for consideration by the board or
commission and will give priority to items from the City Council approved work plan for the
board or commission. Items of business may be placed on the agenda by City Council action,
by the City Manager or the City Attorney, or by action of the board or commission. Nothing
in this section precludes a board or commission member from requesting that the board or
commission take action to place an item on the agenda for a future meeting.
D. The staff liaison is authorized and directed to post agendas in accordance with applicable
law, including posting on the city’s website. The staff liaison is also authorized and directed
to mail agendas to persons and organizations who have filed a request for a mailing of
agendas. The agenda may be made available and delivered in electronic format.
E. The agenda for regular meetings will be based on the following order of business:
1. Call to order
2. Roll call
3. Pledge of Allegiance
4. Approval of minutes
May 19, 2026 Item #3 Page 50 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
5.Presentations
6.Public comment on matters not listed on the agenda
7.Consent calendar
8.Public hearings
9.Departmental reports
10.Board or Commission commentary and requests for consideration of matters
11.Public comment (continuation)
12.Announcements
13.Staff comments
14.Adjournment
2.15.240 Agenda packet.
A.The City Manager is responsible for all staff reports and other documents relevant to each
item of business placed on an agenda. The staff liaison is responsible for compiling the
reports and other documents and for preparing an agenda packet.
B.Nothing in this chapter is intended to preclude the board or commission from orally
amending any resolution, or other document presented to it prior to final action at a
meeting.
C.Correspondence, including electronic mail, relating to an item of business on an agenda
received by the staff liaison before 5:00 p.m. of the day preceding the publication day for a
regular meeting will be included as part of the agenda packet materials for that item.
Correspondence received later may be included in the agenda packet in any manner or may
be delivered to the board or commission members by different means.
D.The agenda packet for a regular meeting will be made available to the board or commission
members not later than the 72 hours preceding the meeting. The agenda packet will be
available to the public at the Office of the City Clerk and posted on the city’s website on the
same day that it is provided to the members. An agenda packet for a special or emergency
meeting may be delivered to the members of the board or commission and made available
to the public at the meeting. The staff liaison is also authorized and directed to mail agenda
packets to persons and organizations who have filed a request for a mailing of agenda
packets and have paid the fee in the amount established by the city for that service. Agenda
packets may be made available and delivered in electronic format.
May 19, 2026 Item #3 Page 51 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
2.15.250 Minutes.
A.The staff liaison is responsible for the minutes of all public meetings. The minutes will be a
record of each particular type of business transacted. The minutes should reflect summary
action and should not be a verbatim transcript of the proceedings. The minutes may include
the names of persons addressing the board or commission, the title of the subject matter to
which their remarks related and whether they spoke in support of or in opposition to such
matter. The staff liaison will include in the minutes of the meeting a member’s statement
on a matter upon request made by that member at the time the statement is made. Any
member may have the reasons for his or her support for or dissent from any action of the
board or commission entered in the minutes by making a request in substantially the
following manner: “I would like the minutes to show that I [support] [am opposed to] this
action for the following reasons...” or “For the record…”
B.The staff liaison will prepare proposed minutes and present them to the board or
commission for approval.
C.The minutes may be approved without reading if the staff liaison has included the proposed
minutes in the agenda packet. The minutes will be read before approval upon motion
approved by the board or commission. Proposed amendments to the minutes as submitted
by the staff liaison must be verified by the staff liaison prior to approval by the board or
commission. Following approval, minutes of meetings will be permanently kept in a format
or medium suitable for storage of permanent public records.
2.15.260 Recordings of meetings.
A.All board and commission meetings are recorded as an aid in the preparation of minutes
and posted on the city’s website for public access. Recordings will be retained in accordance
with the city’s adopted Records Retention Schedule unless a longer retention is required by
the City Council, the City Manager or the City Attorney.
B.If any person desires to have a matter reported by a stenographer, such person may employ
one directly at the person’s expense. The staff liaison may make reasonable
accommodations to assure that the stenographer is seated at a position at the meeting to
facilitate accurate reporting.
C.Any person may film, videotape, photograph or audio tape a meeting in the absence of a
reasonable finding by the Presiding Officer that the recording cannot continue without
noise, illumination or obstruction of view that constitutes or would constitute a persistent
disruption of the proceedings. Meetings may be televised by any person if it can be
accomplished without noise, illumination or obstruction of view that constitutes or would
constitute a persistent disruption of the proceedings.
May 19, 2026 Item #3 Page 52 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
2.15.270 Role of the Presiding Officer.
A. The Presiding Officer is the Chair, or in the Chair’s absence, the Vice Chair. In the absence of
both the Chair and Vice Chair, the Presiding Officer will be selected from among the
members constituting the quorum for the meeting. In the absence of the Chair and Vice
Chair, the staff liaison shall call the meeting to order, and a temporary Presiding Officer shall
be selected by the members present. Upon the arrival of the Chair or the Vice Chair, the
temporary Presiding Officer shall relinquish the chair at the conclusion of the business then
before the board or commission.
B. The Presiding Officer will endeavor to conduct the meeting in an orderly, even-handed and
businesslike manner and in substantially the order and manner provided on the agenda.
Members should have a full and equal opportunity to express their respective views.
Matters should be fully deliberated before action is taken.
C. The Presiding Officer may move, second, debate and vote from the chair. The Presiding
Officer is not deprived of any of the rights and privileges of a member due to acting as
Presiding Officer. The Presiding Officer, or such person as the Presiding Officer may
designate, may verbally restate each question immediately prior to calling for the vote.
D. The Presiding Officer is responsible for the maintenance of order and decorum at all
meetings. The Presiding Officer will decide all matters of order and procedure under this
chapter, subject to the right of any member to request a ruling by the quorum and the
question shall be, “Shall the decision of the presiding officer be sustained?” Requests for a
ruling by the quorum require a second and will be promptly considered. A majority vote of
the quorum will conclusively determine the question.
2.15.280 Commencement of meetings.
At the time set for each regular meeting, each member of the board or commission, the staff
liaison and such department heads or others as have been requested to be present shall take
their regular places in the Council Chamber or other set meeting location. The Presiding Officer
will call the meeting to order. Before proceeding with the business of the board or commission,
the staff liaison will call the roll of the members and the names of the members present will be
entered in the minutes.
2.15.290 General rules of procedure.
A. Every member, city officer or employee, or any other person desiring to speak during a
meeting must first gain recognition by the Presiding Officer. Following recognition by the
Presiding Officer, speakers must confine their remarks to the question or matter under
consideration, avoiding reference to character and indecorous language.
B. Every member wanting to question the city staff will address the questions to the staff
liaison, who shall be entitled either to answer the inquiry or to designate a member of city
May 19, 2026 Item #3 Page 53 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
staff for that purpose. Members of the public desiring to ask a question regarding an item
on the agenda must do so only when public comment regarding the item is permitted.
Questions from a member of the public must be directed to the Presiding Officer, who may
refer the question to any member of the board or commission or the staff liaison as the
Presiding Officer deems appropriate.
C. Once a member, city officer or employee, or other person has been recognized and allowed
to speak by the Presiding Officer, the person will be allowed to conclude their remarks
without interruption, except an interruption by the Presiding Officer to preserve order,
subject to applicable time limits. A member seeking to raise a point of order or personal
privilege must first gain recognition from the Presiding Officer. If a member while speaking
is called to order, the member shall cease speaking until the question of order is determined,
and if determined to be in order, the member may proceed. If interrupted by the Presiding
Officer, city officers and employees and members of the public must cease speaking until
further authorization by the Presiding Officer.
D. The right of a member to address the board or commission on a question of personal
privilege is limited to cases in which the member’s integrity, character or motives are
questioned or where the welfare of the board or commission is concerned. A member
raising a point of personal privilege may interrupt another member who has the floor only
if the Presiding Officer recognizes the privilege.
E. A member who wishes to terminate discussion of a motion may call for the question. If the
call is seconded, the Presiding Officer shall ask for a vote. If the call carries, the board or
commission shall then vote on the motion without further discussion.
F. Voting will be conducted using the voting system installed in the Council Chamber, unless
the board or commission dispenses with use of the voting system or the system is not
functioning. If the voting light system is not used, voting will be by voice vote or other system
by which the vote of each member is made known to the public. Secret ballots are
prohibited.
G. Every member should vote unless disqualified due to a conflict of interest. A member who
abstains from voting acknowledges that a majority of the quorum may decide the question
voted upon.
H. For matters that may be decided by a majority of the quorum, tie votes constitute “no
action,” and the matter voted upon remains before the board or commission and is subject
to further consideration. If the Presiding Officer determines the board or commission is
unable to take action on a matter during a meeting because of a tie vote, the staff liaison
shall place the item on the next regular meeting of the board or commission for further
consideration.
I. A member may change their vote immediately following the announcement of the result of
a vote on a matter by the Presiding Officer and before the next item of business. Except in
May 19, 2026 Item #3 Page 54 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the case of a tie vote, a member who publicly announces that they are abstaining from
voting on a particular matter may not withdraw the abstention.
J.A motion to reconsider any action taken by the board or commission may be made only at
the meeting at which the action was taken, including a recessed or adjourned session of the
meeting and by a member who voted with the prevailing side. Consideration of action to
rescind, repeal, cancel or otherwise nullify a prior action by the board or commission is in
order at any subsequent meeting of the board or commission, subject to placement of the
matter on the agenda in the same manner as any new item of business. The effect of such
action will operate prospectively and not retroactively and will not operate to adversely
affect individual rights which may have been vested in the interim without notice and an
opportunity to be heard having been given to the affected party or parties.
2.15.300 Public participation.
A.Members of the public may address the board or commission on items of business listed on
an agenda of any meeting. Persons desiring to address the board or commission regarding
any item on the agenda, including an item listed on the consent calendar or items noticed
for a public hearing, must submit a request to speak to the staff liaison before the item is
called by the Presiding Officer. The Presiding Officer, with the consent of the majority of the
quorum, may allow a person who has not filed such a request to address the board or
commission.
B.At regular meetings, including adjourned regular meetings, members of the public may
address the board or commission on items not appearing on the agenda during the portion
of the agenda set aside for this purpose. The total amount of time set aside for this purpose
at the beginning of the meeting will not exceed 15 minutes, additional time will be set aside
at the end of the meeting. Persons addressing the board or commission must confine their
remarks to matters within the subject matter jurisdiction of the board or commission.
Persons desiring to address the board or commission on items not appearing on the agenda
must submit a request to speak to the staff liaison before public comment is called. The
Presiding Officer, with the consent of the majority of the quorum, may allow a person who
has not filed such a request to address the board or commission. Group time and
presentations requiring the use of audio visual equipment will not be permitted during
public comment on matters not appearing on the agenda.
C.The staff liaison will organize speaker slips pertaining to each agenda item in the order
received and persons will be invited to address the board or commission based on that
order. Upon direction of the Presiding Officer, the names will be called by the staff liaison.
D.Members of the public will address the board or commission from the podium provided for
that purpose. Each member of the public will be permitted to speak for up to three minutes,
unless the Presiding Officer has announced a shorter duration at the commencement of the
item under consideration. A shorter duration may be set when the Presiding Officer or a
majority of the quorum determines that the length and duration of public comments on a
May 19, 2026 Item #3 Page 55 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
matter would be unduly burdensome and prevent or frustrate the board or commission
from reaching a timely decision on the matter. Persons must confine their remarks to the
agenda item under consideration. A speaker may not yield time to another speaker.
E. After the Presiding Officer has closed the public input portion of an agenda item, no member
of the public may address the board or commission without first being recognized by the
Presiding Officer and securing permission to do so by a majority vote of the quorum.
F. To facilitate organized presentations, a group of persons may submit a request to speak as
a group for items listed on the agenda only. Groups must select one single member to speak
on behalf of that group. The group representative must identify the group and list not fewer
than three additional members of the group who will simultaneously turn in their own
individual speaker cards and be present during the meeting at which the presentation is
made. The presentation on behalf of the group may not exceed 10 minutes unless additional
time is authorized by a majority of the quorum.
G. For items listed on the agenda, members of the public will generally be invited to speak
following the staff presentation, if any, and before board or commission discussion of the
item. For items removed from the consent calendar at the request of a member of the
public, the Presiding Officer may invite the speaker to address the board or commission and
may defer or waive presentation of a staff report.
2.15.310 Use of city equipment.
Persons desiring to use city information system or communication equipment for presentation
of information to the board or commission must make arrangements in advance with the staff
liaison. The City Clerk Services staff may establish reasonable rules regarding format, security,
time for submission and other similar matters. The time spent presenting visual materials is
included in the maximum time limit provided to speakers. All materials exhibited to the board or
commission during the meeting are part of the public record.
2.15.320 Conduct of public hearings.
A. The provisions of this section apply to matters listed on the agenda as public hearing items.
Except as otherwise provided in this section, all of the provisions of this chapter apply to
matters listed as public hearing items.
B. Public hearings will be noticed to begin at the time the board or commission convenes,
unless otherwise determined by the staff liaison or directed by the board or commission in
which case the notice of public hearing and agenda may state a different time. Public
hearings may commence any time after the noticed commencement time and in any order
determined by the board or commission. Meetings may be adjourned when necessary or
convenient to complete a public hearing or schedule of public hearings.
May 19, 2026 Item #3 Page 56 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C. All documents intended by the city to be part of the record of the public hearing and any
correspondence received by the city pertaining to the subject matter of the public hearing
will be available at the Office of the City Clerk at least 24 hours prior to commencement of
the public hearing. This provision does not preclude the submission by any person of
supplemental or additional information during the public hearing.
D. The applicant will be permitted 10 minutes to make a presentation, not including time to
respond to questions by members of the board or commission, and five minutes to respond
to comments by members of the public. As used in this section, the applicant includes any
person or entity whose rights or interests are directly the subject matter of the public
hearing.
E. The order of the hearing will be as follows unless otherwise required by law or agreed upon
by the city and the applicant:
1. Presentation of staff report;
2. Questions from the member of the board or commission
3. Presentation by the applicant, if any;
4. Comments by members of the public;
5. Response by staff or applicant to facts or issues raised by public comments;
6. Board or commission discussion and action.
F. The Presiding Officer may set longer time limits than otherwise allowed by this chapter for
adequate presentation of testimony and evidence to provide a fair hearing. The decision of
the Presiding Officer may be appealed to the board or commission and determined by a
majority of the quorum.
G. Any person, other than a member of the board or commission, who wishes to direct
question(s) to an opposing witness shall submit such question(s) to the Presiding Officer,
who will ask the question(s) to the witness. The Presiding Officer may at his or her discretion
restrict the number and nature of any questions asked pursuant to this section.
H. Before commencement of board or commission discussion and action, the Presiding Officer
may order closed the public input portion of the public hearing, at which time no further
evidence, either oral or written, will be accepted by the board or commission except in
response to a question by a board or commission member; provided, however, that this rule
may be relaxed by the Presiding Officer where it appears that good cause exists to hear
further evidence concerning the matter which is the subject of the public hearing. Following
completion of questions by board or commission members, the Presiding Officer may order
the public hearing closed. A public hearing once closed cannot be reopened on the date set
for hearing unless the Presiding Officer determines that all persons who were present when
May 19, 2026 Item #3 Page 57 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the public hearing closed are still present. Nothing in this section, however, is intended to
prevent or prohibit the reopening of a public hearing at any subsequent meeting, provided
notice is first given in the manner required for the initial public hearing.
I. A public hearing may be continued to a date certain any time before the closing of the public
hearing in order to permit presentation of additional written or oral evidence. The Presiding
Officer will publicly announce the date, time and place that the public hearing will
reconvene, and further evidence will be taken, and the announcement constitutes sufficient
notice to the public of the date, time, and place of the continued public hearing. If the
Presiding Officer announces the date, time and place of the continued hearing, the staff
liaison will post a notice of continuance in the same manner as for posting notices of an
adjourned meeting, however no further public notice is required.
2.15.330 Decision following a public hearing.
A. A decision may be made at any time following the close of a public hearing. The board or
commission may adopt a resolution recommended by staff and presented as part of the
agenda packet or may indicate its intended decision and instruct the staff liaison to return
with the resolution necessary to effect the decision. For decisions that include a quasi-
judicial determination, the board or commission may adopt the resolution, as presented or
as may be amended by the board or commission, if it determines that the findings contained
in the document are supported by the evidence presented at the hearing and the decision
is supported by the findings. The board or commission’s decision is not final until adoption
of the documents.
B. A board or commission member who was absent from all or a part of a public hearing shall
not participate in a decision on the matter unless the member has examined all the
evidence, including listening to a recording of the oral testimony or reviewing a videotape
or other electronic medium of the proceedings and represents that they have a full
understanding of the matter.
2.15.340 Application to administrative hearings; disclosure of ex parte communications.
A. The procedures for the conduct of public hearings will apply to any quasi-judicial
administrative hearing conducted by the board or commission except when the
requirements of this code or other law require that hearings regarding a particular matter
be conducted pursuant to a specific procedure. In such case, the provisions of the law
establishing the requirements shall prevail over this chapter to the extent of any
inconsistency. Specific rules of procedure for an administrative hearing established by
official action of the City Council, upon recommendation of the City Attorney, will prevail
over the provisions of this chapter to the extent of any inconsistency with respect to that
hearing and other hearings of a similar nature.
B. During the public hearing for a quasi-judicial matter and as required by City Council Policy
No. 92, board and commission members must verbally disclose all ex parte communications
May 19, 2026 Item #3 Page 58 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
concerning the subject of the public hearing. Such disclosure shall include a brief statement
describing the name and content of the communication. As used in this section, ex parte
communications are substantive, individual oral or written communications concerning
quasi-judicial matters that occur outside of a noticed public hearing. Ex parte
communications include site visits or investigations made by a member of the board or
commission. The Presiding Officer will request disclosure of ex parte communications from
all members before the time for receipt of public comment.
2.15.350 Evidence—Record of proceedings.
A. A decision of the board or commission may be based on any relevant evidence provided to
the board or commission for its consideration of an item and accepted into the record of
the proceedings by the Presiding Officer or made a part of the record of the proceedings
pursuant to this section. In addition to oral presentations and documents presented at a
meeting, the board or commission may consider any adopted general plan, specific plan,
ordinance, resolution or other record of official action of the city, and facts of common,
general knowledge. The rules of evidence as established by law for judicial proceedings in
the State of California are not applicable to proceedings of the board or commission and any
credible, relevant evidence appropriate to afford a full presentation of the facts necessary
or convenient for judicious consideration of the matter which is the subject of the board or
commission’s consideration may be presented at the discretion of the Presiding Officer.
Failure of the Presiding Officer to strictly enforce rules of evidence or to reject matters that
may be irrelevant or immaterial does not affect the validity of the hearing. Any procedural
errors that do not materially affect the substantial rights of the parties will be disregarded.
Rulings of the Presiding Officer are subject to change by the board or commission in the
same manner as any other procedural order.
B. All materials included in the agenda packet for a meeting are evidence and part of the record
of the proceedings for the agenda item to which they pertain. It is not necessary for
materials included in the agenda packet to be read in full or referenced at the meeting;
however, the staff may present a summary of the information as part of the staff
presentation or upon request of the Presiding Officer. In addition, any of the following may
be presented to the board or commission during the meeting and, if presented are evidence
and part of the record:
1. Exhibits and documents not included in the agenda packet that are used during the
presentation by city staff or persons addressing the board or commission and are
provided to the board or commission;
2. Maps and displays used at the meeting; provided that, whenever practicable, they shall
be displayed in full view of the participants and the audience;
3. All written communications and petitions concerning an item presented at a meeting
if the Presiding Officer grants a request for inclusion in the record; however, reading of
May 19, 2026 Item #3 Page 59 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
communications and petitions is not required and will generally be permitted only
upon authorization by the Presiding Officer; and
4. Information obtained outside the Council Chamber, such as a view of the site, provided
the information, to the extent it is relied upon in a quasi-judicial matter, is disclosed for
the record.
C. The staff liaison will retain the agenda packet, exhibits, reports, maps and other physical
evidence placed before the board or commission as public records. Such records may be
released by the staff liaison with the approval of the City Attorney. Items that are large,
perishable, bulky or otherwise difficult to store may be returned to the person submitting
the item provided that the staff liaison retains a photographic, video or digital record of the
item. The staff liaison may make and retain photographic, video or digital records of
proceedings of meetings subject to the same requirements applicable to other public
records of the city.
D. Whenever any law requires that testimony be presented to the board or commission under
oath or affirmation, the Presiding Officer or the staff liaison may administer the oath or
affirmation.
2.15.360 Enforcement of decorum.
A. The Police Chief or such member of the Police Department as the Chief, or authorized agent,
may designate, is the Sergeant-at-Arms for all boards and commissions. The Sergeant-at-
Arms is required to be available to respond to all meetings immediately upon call, and will
attend meetings at the request of the City Manager. The Sergeant-at-Arms is responsible for
enforcing the orders of the Presiding Officer given for the purpose of maintaining order and
decorum at board or commission meetings. The Sergeant-at-Arms may, at any time, request
assistance from other members of the Police Department to accomplish that purpose. The
board or commission may require the Presiding Officer to enforce the rules upon approval
of a motion by any board or commission member.
B. Any person, including any member of the board or commission or city staff, who by voice or
conduct engages in disrupting conduct prohibited by section 2.15.200(D) of this chapter or
otherwise disrupts a board or commission meeting by failing to comply with the rules
established by this chapter or any applicable ethics ordinance adopted by the City Council,
and continues to do so after the Presiding Officer has directed the person to stop, commits
an offense punishable as an infraction.
C. Any person arrested under subsection B of this section and who returns to the same meeting
and again violates the provisions of subsection B of this section commits an offence
punishable as a misdemeanor.
D. Any person previously convicted under subsection B of this section who again violates the
provisions of subsection B of this section commits an offence punishable as a misdemeanor.
May 19, 2026 Item #3 Page 60 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
2.15.370 Motions.
A motion is the formal statement of a proposal or question to the board or commission for
consideration and action. Every member has the right to present a motion. A motion may be
made at any time during consideration of a matter on the agenda; however, the Presiding Officer
may defer recognizing a motion until after presentation of a report of staff, public comment and
questions by members. It is not necessary for a motion to be pending for deliberation of a matter
on the agenda. If a motion is properly made, the Presiding Officer will call for a second. No further
action is required on a motion that does not receive a second. If a motion contains two or more
divisible propositions, the Presiding Officer may divide it and call for a separate vote on each
proposition. A motion once made and seconded may not be withdrawn by the maker without
the consent of the second. The Presiding Officer may, and upon request of any member, will
restate a motion before a vote, provided, however, that the Presiding Officer may request the
restatement be made by the staff liaison.
2.15.380 Rules relating to motions.
A. When a main motion is pending, no other motion may be entertained except the following
which shall have precedence, one over the other, in the following order:
1. Adjourn
2. Recess
3. Defer
4. Call the question
5. Limit or extend debate
6. Refer to commission, committee, or staff
7. Amend
8. Continue
9. Main motion
B. A motion may not repeat a motion made previously at the same meeting unless there has
been some intervening board or commission action or discussion. A motion may not be
made if a motion to call the question is pending, and if the question has been called, until
after the vote on the question. A motion may not be made while a vote is being taken. A
motion may not be made to interrupt a member while speaking. A motion regarding a point
of order or to direct the Presiding Officer to enforce a provision of this chapter may be made
at any time.
May 19, 2026 Item #3 Page 61 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
C. The purpose and salient criteria of the motions listed in subsection A are as follows:
1. Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another date, time, or
place is debatable and amendable as to the date, time and place to which the meeting
is to be adjourned.
2. Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite time for continuing
the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to defer:
Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it
may be taken up again for consideration during the current meeting or at the next
regular meeting. A motion to defer is also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
4. Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or questions and to
bring such question or questions to vote immediately. If the motion passes, a vote shall
be taken on the pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending
motion or to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the
proposed limit or extension.
6. Motion to refer to a subcommittee of the board or commission or city staff:
Purpose. To refer the question before the board or commission to a subcommittee of
the board or commission or request that the City Manager direct city staff to
investigate or study the proposal and make a report back to the board or commission.
If the motion fails, discussion or vote on the question resumes.
May 19, 2026 Item #3 Page 62 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Debatable or Amendable. Yes.
7.Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may
be in any of the following forms: to “add” or “insert” certain words or phrases; to “strike
out certain words or phrases and to add others”; to “replace” certain words, phrases
or actions on the same subject matter as the one pending; to “divide the question” into
two or more questions to allow for a separate vote on particular points. A motion to
amend shall relate to the subject of the main motion. A motion to amend, including a
motion to substitute an entire motion for the one pending, shall not be used to change
the nature of the main motion, for example a motion to replace the word “approve”
with the word “disapprove” is prohibited where the nature of the main motion is
changed. If a motion to amend passes, then the main motion should be voted on as
amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is
debatable. It is amendable, but a motion to amend an amendment is not further
amendable.
8.Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future
date or event. If the motion fails, discussion and voting on the main motion resumes.
If it passes, the subject of the main motion shall not be brought up again until the
specified date or event.
Debatable or Amendable. It is debatable and amendable, however amendments are
limited to the date or event.
9.Main motion:
Purpose. The primary proposal or question before the board or commission for
discussion and decision.
Debatable or Amendable. Yes.
2.15.390 Board or commission action.
Board or commission action will be taken by motions approved by vote of the members of the
board or commission. Action may be taken by resolution upon approval by the required number
of affirmative votes of a motion to approve or adopt the resolution. Action not requiring adoption
of a resolution, may be taken by motion recorded in the minutes of the meeting. Resolutions
implementing a staff recommendation, selecting a Chair, Vice Chair and adopting a regular
meeting calendar will be included in the agenda packet. Resolutions will be prepared or approved
by the City Attorney before submission to the board or commission. It is not necessary to read
May 19, 2026 Item #3 Page 63 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
the resolution by title or in full; provided it is identified by the Presiding Officer. Upon execution
of such a resolution, it shall become an official action of the board or commission.
2.15.400 Correction of documents.
The City Clerk Services staff, with the consent of the City Attorney, is authorized to correct any
typographical or other technical or clerical error in any document approved by the board or
commission. Upon correction, the corrected document may be executed in the manner required
of the original and, when properly executed, will replace the original document, to be effective
as of the date of the original document, and to be retained in the files of the City Clerk.
2.15.410 Failure to observe procedures—waiver.
The provisions of this chapter are adopted to expedite the transaction of the business of the
board or commission in an orderly fashion and are deemed to be procedural only. The failure to
strictly observe such rules shall not affect the jurisdiction of the board or commission or
invalidate any action taken at a meeting that is otherwise held in conformity with law. Nothing
in this section shall preclude the Presiding Officer or board or commission from taking any action
to cure a violation or alleged violation of the provisions of this chapter or other applicable law
governing the conduct of board or commission meetings. Nothing in this section precludes the
board or commission from correcting a violation or alleged violation of the Brown Act according
to the provisions of that Act.
2.15.420 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be deemed to
create a mandatory duty, the breach of which could result in liability to the city or to any city
officer or employee pursuant to state statute or other law.
2.15.430 Correspondence addressed to the board or commission.
The City Manager or designee is authorized to open and examine all written communications
addressed to the board or commission, except correspondence addressed to an individual
member. An individual member may authorize the City Manager to open and examine
correspondence addressed to that member. The City Manager is authorized to take
appropriate administrative action to address constituent concerns consistent with existing city
policy. Correspondence relating to an item on the agenda for a board or commission meeting
will be included in the agenda packet.
May 19, 2026 Item #3 Page 64 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Exhibit 3 RESOLUTION NO. 2026-095 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING CITY COUNCIL POLICY STATEMENT – TECHNOLOGY
DISRUPTIONS
WHEREAS, Senate Bill 707 (2025) amended the Ralph M. Brown Act, or the Brown Act (Cal. Gov.
Code, §§ 54950-54963), to update teleconferencing and accessibility requirements, including
provisions related to remote participation in public meetings; and
WHEREAS, California Government Code Section 54953.4(b)(1)(A) requires eligible legislative
bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session, and not on the
consent calendar, a policy addressing disruption of telephonic or internet service during meetings
conducted with remote participation; and
WHEREAS, the required policy must address procedures for recessing and reconvening a
meeting in the event of a disruption and the efforts the legislative body will make to attempt to restore
service; and
WHEREAS, California Government Code Section 54953.4 further requires that, in the event of a
disruption preventing members of the public from observing or participating in the meeting through a
two-way telephonic or audiovisual platform, the legislative body shall recess the open session for at
least one hour and make a good faith effort to restore service, and may not reconvene open session
until at least one hour has passed or service has been restored, whichever occurs first; and
WHEREAS, if telephonic or internet service has not been restored upon reconvening, the
legislative body must make findings by roll call vote that good faith efforts to restore service have been
made and that the public interest in continuing the meeting outweighs the public interest in remote
public access; and
WHEREAS, adoption of a technology disruption policy is required to ensure compliance with
state law and to promote transparency and continuity of public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That the proposed action to adopt a City Council Policy addressing new Brown Act
requirements for technology disruptions during City Council meetings is exempt from
environmental review under California Environmental Quality Act Guidelines Sections
May 19, 2026 Item #3 Page 65 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
the proposed action may have a significant effect on the environment.
3.That the City Council adopts City Council Policy – Technology Disruptions (Attachment
A).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 19th day of May, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 19, 2026 Item #3 Page 66 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Policy No. 102
Date Issued May 19, 2026
Resolution No. 2026-095
Subject: Technology Disruptions
Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet
services that provide two-way remote public access to meetings of the City of Carlsbad City
Council, as required by Section 54953.4 of the Ralph M. Brown Act, or the Brown Act (Cal. Gov.
Code, §§ 54950-54963). The policy ensures transparency, public participation, and continuity of
government during technology disruptions.
Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on
or before July 1, 2026, a policy addressing how the agency will respond to disruptions in
telephonic or internet service that prevent members of the public from attending or observing
a meeting remotely. This policy is adopted to comply with that requirement and to ensure
continuity of public participation during technical disruptions.
Statement of policy
This policy applies to all open and public meetings of the City Council at which remote public
participation is offered or required under the Brown Act.
Terms defined in the Brown Act or Carlsbad Municipal Code Chapter 1.20 have the same
meaning when used in this policy. For purposes of this policy:
•“Disruption” means any failure, outage, or other interruption that prevents members of
the public from attending or observing the meeting via remote access services.
•“Remote access services” means the two-way telephonic service and/or two-way
audiovisual platform used to provide real-time remote public attendance and
observation of meetings.
Procedure
Procedures in the Event of a Service Disruption
Response to Service Disruption
If the Presiding Officer or City Clerk becomes aware of a disruption to the city’s remote access
services that prevents members of the public from attending or observing the meeting
remotely:
1.The Presiding Officer or City Clerk shall immediately announce the disruption to the
public.
Attachment A
May 19, 2026 Item #3 Page 67 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
City Council Policy Statement
May 19, 2026
Page 2
2.The Presiding Officer shall then call for a recess of the open session while efforts are
made to restore service. If a closed session is scheduled or is otherwise allowable
under the Brown Act, the City Council may meet in closed session during this time.
3.Staff shall begin efforts to diagnose and restore the disrupted service.
4.The open session shall remain in recess for at least one hour or until service is
restored, whichever occurs earlier. The recess period may be extended if restoration
efforts are ongoing.
Efforts to Restore Service
The city shall make good faith efforts to restore remote access services, which may include:
•Troubleshooting platform or teleconferencing software
•Resetting or replacing audiovisual equipment
•Attempting alternative connection methods
•Contacting necessary support staff or service providers
•Switching to back-up equipment or platforms, if available
City staff shall document the restoration efforts undertaken.
Reconvening the Open Session
Timing
The open session may be reconvened after at least one hour has elapsed from the time of
disruption or as soon as service is restored, whichever occurs earlier.
If Service is Restored If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
If Service is Not Restored
If service has not been restored after one hour, the City Council may reconvene and:
1.Adjourn the meeting; or
2.Continue the meeting in open session by first having the City Manager or a designee
briefly describe the efforts made to restore service and the remaining items on the
meeting agenda and then adopting, by roll call vote, the following, or a substantially
similar, finding:
“The City of Carlsbad has made good faith efforts to restore telephonic or internet
service in accordance with its adopted policy, and the public interest in continuingthe meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the City Council may continue the open session despite the fact that remote access service has not been restored.
May 19, 2026 Item #3 Page 68 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
City Council Policy Statement
May 19, 2026
Page 3
Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including the following:
•The nature and time of the disruption
•The restoration efforts undertaken
•The time the meeting was reconvened or adjourned, as applicable
•Any finding adopted pursuant to the “If Service is Not Restored” section
Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session, not
on the consent calendar.
May 19, 2026 Item #3 Page 69 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Exhibit 4 RESOLUTION NO. 2026-096 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING CITY COUNCIL POLICY STATEMENT – PUBLIC
MEETING PARTICIPATION OUTREACH EFFORTS
WHEREAS, Senate Bill 707 (2025) amended the Ralph M. Brown Act, or the Brown Act (Cal. Gov.
Code, §§ 54950-54963), to include additional requirements to encourage participation in public
meetings, particularly among underrepresented communities and non-English-speaking communities;
and
WHEREAS, California Government Code Section 54953.4(b)(3)(C) requires the City Council to
determine and make reasonable efforts to invite groups that do not traditionally participate in public
meetings to attend those meetings; and
WHEREAS, such reasonable efforts may include outreach to media organizations serving the
jurisdiction, including those serving non-English-speaking communities, as well as civic, neighborhood,
community-based, civil rights, and good government organizations; and
WHEREAS, California Government Code Section 54953.4(b)(3)(C)(ii) provides legislative bodies
with broad discretion in determining appropriate reasonable efforts and clarifies that no action shall
arise from failing to provide notice to any specific group; and
WHEREAS, the City of Carlsbad is committed to promoting transparency, accessibility, and
broad public participation in its public meetings; and
WHEREAS, the city currently utilizes a variety of communication methods to inform the public
of City Council meetings and opportunities to participate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That proposed action to adopt a City Council policy addressing new Brown Act
requirements for outreach efforts for City Council meetings is exempt from
environmental review under California Environmental Quality Act Guidelines Sections
15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
the proposed action may have a significant effect on the environment.
3.That the City Council adopts City Council Policy Statement – Public Meeting Participation
Outreach Efforts (Attachment A).
May 19, 2026 Item #3 Page 70 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 19th day of May, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
May 19, 2026 Item #3 Page 71 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
Policy No. 103
Date Issued May 19, 2026
Resolution No. 2026-096
Subject: Public Meeting Participation Outreach Efforts
Purpose
This policy establishes the City Council’s determination of reasonable efforts to invite groups
that do not traditionally participate in public meetings to attend those meetings (Cal. Gov.
Code, § 54953.4(b)(3)(C)). The policy ensures transparency, accessibility and broad public
participation in public meetings.
Background
Senate Bill 707 (2025) amended the Ralph M. Brown Act (Cal. Gov. Code, §§ 54950-54963) to
require eligible legislative bodies to determine and make reasonable efforts to invite groups
that do not traditionally participate in public meetings to attend those meetings. Such
reasonable efforts may include outreach to media organizations serving the jurisdiction,
including those serving non-English-speaking communities, as well as civic, neighborhood,
community-based, civil rights, and good government organizations.
The City of Carlsbad currently utilizes a variety of communication methods to inform the public
of City Council meetings and opportunities to participate. The city is committed to promoting
transparency, accessibility, and broad public participation in its public meetings.
Statement of policy
This policy applies to all open and public meetings of the City Council. California Government
Code Section 54953.4(b)(3)(C)(ii) provides legislative bodies with broad discretion in
determining appropriate reasonable outreach efforts and clarifies that no action may be
commenced or maintained for failing to provide public meeting information to any specific
group.
This policy is intended to provide a flexible framework for reasonable outreach efforts and must
be implemented consistent with available resources and evolving communication practices.
Procedure
The City Council determines that the following constitute reasonable outreach efforts under
California Government Code Section 54953.4(b)(3)(C) to encourage participation in City Council
meetings:
Media outreach
Proactively include media organizations serving the city, including non-English-language
newspapers and publications, in the distribution of City Council meeting agendas.
Attachment A
May 19, 2026 Item #3 Page 72 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
City Council Policy Statement
May 19, 2026
Page 2
Electronic Access and Agenda Subscriptions
Maintain opportunities for members of the public to subscribe to receive City Council agendas and related materials through the city’s website and include instructions for accessing and
subscribing to such materials in translated agendas, including Spanish.
Multilingual Communication
Use multilingual communication methods, including translated agendas and multilingual social
media posts (currently provided in Spanish), to increase awareness of meetings and participation opportunities, with additional languages incorporated as appropriate.
Community and Organizational Outreach
Provide meeting information through existing city communication channels and partnerships
with community-based organizations, neighborhood groups, and civic or community
organizations, including those serving non-English-speaking communities, as opportunities arise
and consistent with available resources.
Flexible and Evolving Methods Use additional reasonable methods of outreach as appropriate, including, but not limited to, the city’s website, email notifications, partnerships with community organizations, and other communication platforms that may develop over time.
May 19, 2026 Item #3 Page 73 of 73
Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96
SB 707
Ralph M. Brown Act Update
Faviola Medina, Director of Constituent & Clerk Services
Morgen Fry, Assistant City Clerk
May 19, 2026
2
PROPOSED ACTION
1.Receive a report on updates to the Ralph M. Brown
Act requirements under State Senate Bill 707; and
2.Introduce an ordinance amending Carlsbad Municipal
Code Chapter 1.20 Meetings and Chapter 2.15 Boards
and Commissions; and
3.Adopt a resolution adopting City Council Policy
Statement – Technology Disruptions; and
4.Adopt a resolution adopting City Council Policy
Statement – Public Meeting Participation Outreach
Efforts.
ITEM 3: SB 707
3
HYBRID MEETINGS
•Effective July 1, 2026
•In person attendees and remote
participants
•Same time allotment
•Sunset clause Jan. 1, 2030
ITEM 3: SB 707
4
TECHNOLOGY DISRUPTIONS
•Recess open session if disruption occurs
•Make good faith effort to restore service
•May not reconvene for 1 hour or until
service is restored, whichever is earlier
ITEM 3: SB 707
5
PUBLIC MEETING PARTICIPATION
OUTREACH EFFORTS POLICY
•“reasonable efforts”
City’s approach includes:
•Media organizations serving the city
•Community-based organizations
•Neighborhood groups
•Civic or community organizations, including those serving non-English-speaking communities
ITEM 3: SB 707
6
TRANSLATIONS
•American Community Survey
•“applicable language” defined as 20% or more
•Carlsbad does not meet threshold required
ITEM 3: SB 707
7
TELECONFERENCE PROVISIONS
•“Just cause”
•Five times per year
•Specific allowable reasons
ITEM 3: SB 707
8
JUST CAUSE ALLOWABLE REASONS
•Contagious illness•Care for child, parent, grandparent, sibling, spouse or domestic partner•A need related to physical or mental condition that does not qualify as a reasonable accommodation for a disability•Travel on official business of the agency•Physical or family medical emergency that prevents a member from attending in person•To protect an immunocompromised close relative from exposure to illness•Military service
ITEM 3: SB 707
9
ADA ACCOMMODATIONS
•Participate with audio and video technology
unless disability results in a need to
participate off camera
•Disclose the presence of anyone 18 years
and older and general relationship
ITEM 3: SB 707
10
PROPOSED ACTION
1.Receive a report on updates to the Ralph M. Brown
Act requirements under State Senate Bill 707; and
2.Introduce an ordinance amending Carlsbad Municipal
Code Chapter 1.20 Meetings and Chapter 2.15 Boards
and Commissions; and
3.Adopt a resolution adopting City Council Policy
Statement – Technology Disruptions; and
4.Adopt a resolution adopting City Council Policy
Statement – Public Meeting Participation Outreach
Efforts.
ITEM 3: SB 707
11
QUESTIONS?
ITEM 3: SB 707