HomeMy WebLinkAbout2026-06-09; City Council; 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 COMMISSIONSExhibit 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.
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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,
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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
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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;
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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
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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.
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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
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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
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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.
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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
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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.
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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 9th day of June, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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