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HomeMy WebLinkAbout1996-12-18; Design Review Board; Resolution 253. .-. 2. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 253 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDED DESIGN REVIEW BOARD POLICIES AND PROCEDURES. The Design Review Board of the City of Carlsbad hereby resolves as follows: The following policies and procedures for the conduct of Design Review Board Meetings are amended and adopted as noted herein: Sections: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 REGULAR MEETINGS SPECIAL MEETINGS ADJOURNED MEETINGS STUDY SESSIONS DESIGN REVIEW BOARD AGENDA MEETINGS TO BE PUBLIC - EXCEPTIONS CORRESPONDENCE - AVAILABILITY TO THE PUBLIC CORRESPONDENCE - AUTHORITY OF HOUSING AND REDEVELOPMENT DIRECTOR QUORUM CONDUCT OF BUSINESS CALL TO ORDER CHAIRPERSON ROLL CALL READING OF MINUTES MINUTES DISTRIBUTION OF MINUTES RECORDINGS OF MEETINGS OFFICERS CHAIRPERSON POWERS AND DUTIES OF CHAIRPERSON GAINING THE FLOOR DRB Reso. No 253 QUESTIONS TO THE STAFF INTERRUPTIONS POINTS OF ORDER POINT OF PERSONAL PRIVILEGE PRIVILEGE OF CLOSING DEBATE CALLING THE QUESTION PROTEST AGAINST BOARD ACTION PUBLIC HEARINGS - WHEN HELD PUBLIC HEARINGS - PROCEDURE PUBLIC HEARINGS - EVIDENCE PUBLIC HEARINGS - CONTINUATION PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY PUBLIC HEARINGS - CLOSING PUBLIC HEARINGS - REOPENING .et b. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 PUBLIC HEARINGS - DECISION REQUEST TO ADDRESS THE BOARD ON ITEMS OTHER THAN LISTED PUBLIC HEARINGS PERSONS. ADDRESSING THE BOARD - SPOKESPERSON FOR GROUP OF DECORUM AND ORDER - BOARD AND CITY STAFF DECORUM AND ORDER - AUDIENCE ENFORCEMENT OF DECORUM VOTING PROCEDURES DISQUALIFICATION FOR CONFLICT OF INTEREST FAILURE TO VOTE CHANGING VOTE RECONSIDERATION PREPARATION OF RESOLUTIONS MOTIONS PRECEDENCE OF MOTIONS PARTICULAR MOTIONS, PURPOSE AND CRITERIA RESOLUTIONS CORRECTION OF DOCUMENTS ROBERTS RULES OF ORDER FAILURE TO OBSERVE PROCEDURES RALPH M. BROWN ACT RESOLUTIONS - ADOPTION REGULAR MEETINGS. The Design Review Board shall hold regular meetings on the fourth Monday of each month at the hour of 6:OO PM, in the Council Chambers at the City Hall, 1200 Carlsbad Village Drive, Carlsbad, or such other place to which a meeting is adjourned. If by reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers, the meetings may be held for the duration of the emergency at such other place as designated by the Chairperson of the Board, or if the Chairperson fails to act, by a majority of the quorum of the Board. When the day for any regular meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the Design Review Board. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the agenda. , 2 SPECIAL MEETINGS. Special meetings may be called at any time by the Chairperson or by three members of the Design Review Board by delivering personally or by mail written notice to each Board Member and to each local newspaper of general circulation, radio or television stations having filed written request for such notice. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Board Member who at or prior to the time the meeting convenes files with the Housing and Redevelopment Director a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Board Member who is actually present at the meeting at the time it convenes. Notice of the special meeting shall be posted at least 24 hours prior to the meeting at a location that is freely accessible to members of the public. DRB Reso. No 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ADJOURNED MEETINGS. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof in the absence of a protest by any Board Member. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by the procedures. If a quorum is not present, less than a quorum may so adjourn a meeting. If all members of the Board are absent, the Housing and Redevelopment Director shall declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 2 for special meetings. When any meeting is adjourned the Housing and Redevelopment Director shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of the adjournment. 4 STUDY SESSION. The Board may from time to time adjourn to meet in study sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the Design Review Board. No official action shall be taken at a study session.. Study sessions shall be considered a public meeting, in accordance with the Ralph M. Brown Act and shall be open to the public, however, the comments or discussion of the public in such session shall be subject to the discretion of the Chairperson. 5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetings of the Design Review Board shall be open to the public and meetings of standing advisory committees with continued subject matter jurisdiction or a meeting schedule fixed by resolution or other formal action of the Design Review Board, and composed of only less than a quorum of Design Review Board members, shall also be open to the public and subject to the Ralph M. Brown Act. Closed sessions may be held when specifically authorized by law. 6 BOARD AGENDA. (a) In order to facilitate the orderly conduct of the business of the Board, an agenda shall be prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the direction of a member of the Board, the Housing and Redevelopment Director or the City Attorney. Whenever feasible, each item on the agenda shall contain a staff recommendation, the project name and case number, location (within the city), brief description, and the specific action requested to be taken by the Board.. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of the public. (b) Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the Board on items of interest to the public, provided that no action shall be taken on any item not appearing on the agenda; this part of the agenda shall be limited to 15 minutes. (c) No action or discussion shall be undertaken on any item not appearing on the posted agenda except that members the Design Review Board or City staff may briefly respond DRB RES0 NO. 253 -3- ., .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3 of the Government Code. In addition, on their own initiative, or in response to questions posed by the public, a member of a Design Review Board or City staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of the Design Review Board, or the Board itself, subject to rules or procedures of the Board, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a hture agenda. Additionally, no action or discussion shall be undertaken on any item not appearing on the posted agenda unless one of the following conditions exist: (1) (2) Upon a determination by a majority vote that an emergency exists. Upon a determination by a two-thirds vote (or unanimous vote if less than two-thirds are present), that there is a need to take action which came to the attention of the City subsequent to the agenda being posted. The item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (3) (d) The order of business established on the agenda shall be followed unless the Chairperson, with the consent of a majority of the Design Review Board, permits a matter to be taken out of the regular agenda order. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 12. Call to Order. Pledge of Allegiance. Roll Call. Approval of Minutes. Design Review Board Procedures. Comments from the audience on items not listed in the Agenda. Continued Items. Public Hearings. Non-Public Hearing. Design Review Board Member Comments. Housing and Redevelopment Director Comments. City Attorney Comments. Adjournment. 7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC. (a) Correspondence addressed to the Board which is received by the Housing and Redevelopment Director or any officer or employee of the City shall not be a matter of public record unless it is received and filed by the Board at a regular, special, or adjourned meeting of the Board. Correspondence shall not be read aloud at a Board meeting unless requested by a majority vote of the Board. (b) Sufficient copies of each correspondence shall be provided so that each Board DFU3 RES0 NO. 253 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Member and the Housing and Redevelopment Director will have a copy. In addition, three additional copies for public inspection at the meeting shall be provided. 8 CORRESPONDENCE - AUTHORITY OF HOUSING AND REDEVELOPMENT DIRECTOR. The Housing and Redevelopment Director is authorized to open and examine all mail or other written communications addressed to the Design Review Board, except correspondence addressed to individual Design Review Board members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Design Review Board action may be acted upon between Board meetings provided that all communications and any action taken pursuant thereto shall be reported to the Design Review Board. (a) (b) Correspondence deemed to be of an important or urgent nature may be submitted for Board consideration at a Design Review Board meeting. 9 QUORUM. Three members of the Board shall constitute a quorum for the transaction of business. Three affirmative votes shall be required for any Design Review Board action. Less than a quorum may adjourn from time to time. Where there is no quorum, the Chairperson, Vice Chairperson or any member of the Board shall adjourn such meeting, or if no member of the Board is present, the Housing and Redevelopment Director shall adjourn the meeting. For the purpose of considering any item subject to vote of the Board, when a member of the Board is disqualified due to a conflict of interest, their presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of non-interested Board Members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum. 10 CONDUCT OF BUSINESS. The time set for each regular meeting, each member of the Board, the Housing and Redevelopment Director, Minutes Clerk, City Attorney and such department heads or others as have been requested to be present shall take their regular places in the Council Chambers. The business of the Board shall be conducted in substantially the order and in the manner herein provided. 11 The Chairperson, or in their absence the Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the Board to order. In the absence of the Chairperson and the Vice Chairperson, Housing and Redevelopment Director shall call the Board to order, whereupon a temporary Chairperson shall be elected by the Board Members present. Upon the arrival of the Chairperson or the Vice Chairperson, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Design Review Board. Whenever the term 'Chairperson' is used in these rules, and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if they are also absent, to the Chairperson elected pursuant to this section. CALL TO ORDER - CHAIRPERSON. DRB RES0 NO. 253 -5- I8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 ROLL CALL. Before proceeding with the business of the Board, the Minutes Clerk or Chairperson shall call the roll of the Design Review Board Members and the names of those present shall be entered in the minutes. 13 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is requested by a member of the Board, the minutes may be approved without reading if each member of the Board has previously been furnished with a copy thereof. 14 MINUTES. The minutes of the Board shall be kept by the Minutes Clerk and shall be neatly typewritten, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Minutes Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Board and shall not be required to make a verbatim transcript of the proceedings, and provided, further, that a record shall be made of the names and addresses of persons addressing the Board, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. A Board Member may request, through the Chairperson, the privilege of having an abstract of their statement on any subject under consideration by the Board entered in the minutes. If there is no objection from any member of the Board, such statement shall be entered in the minutes. 15 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be furnished to each Board Member prior to the subsequent meeting. Copies shall also be provided to the City Manager, City Attorney, Housing and Redevelopment Director and any other individuals designated by the City Manager. 16 RECORDING OF MEETINGS. (a) The Minutes Clerk may tape record Design Review Board meetings. The tape recordings shall be retained by the Minutes Clerk until such time as the minutes have been approved by the Board. Upon such approval of the written minutes by the Board, the Minutes Clerk may reuse or erase such tape recordings unless specifically requested by the Board or the City Attorney to retain such tapes at the time the minutes are approved. (b) The public may hear tape recordings of the Board meetings during office hours when it will not inconvenience the ordinary operation of the Housing and Redevelopment Department.. Members of the public may purchase copies of the recording tapes for a fee in an amount as determined by the City Council by resolution. Board Members will be provided copies of the recording tapes upon request for their use only. The Board Members shall return the recording tapes to the Housing and Redevelopment Department after they have listened to them. (c) If any person wishes a transcription of the Design Review Board meeting, or any DRJ3 RES0 NO. 253 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 portion thereof, a request therefore shall be filed with the Housing and Redevelopment Department twenty-four hours prior to the meeting. If such a request is received, the Secretary of the Design Review Board shall make arrangements to make and preserve such a record at the expense of the person making the request. If any person desires to have a matter reported by a stenographer reporter, they may employ one directly at their expense or request that the Secretary of the Design Review Board arrange, also at the requesting party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The Secretary of the Design Review Board may require a deposit before making arrangements for any such transcription. 17 OFFICERS. The Design Review Board shall elect from among its appointed members a Chairperson and Vice-Chairperson to serve for a term of one year. Elections shall be held at the last meeting in December and the elected Chair and Vice Chair shall assume their respective offices at the January meeting. A Board Member must serve one year before being elected Chair. 18 CHAIRPERSON. The Chairperson of the Board shall be the Presiding Officer at all meetings of the Design Review Board. 19 POWERS AND DUTIES OF CHAIRPERSON. The Chairperson may move, second, debate, and vote from the Chair. The-Chairperson shall not be deprived of any of the rights and privileges of a Board Member by reason of their acting as Chairperson. The Chairperson or such person as the Chairperson may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the Chairperson shall announce whether the question carried or was defeated. The Chairperson shall be responsible for the maintenance of order and decorum at all meetings, and shall decide all questions of order and procedure subject, however, to an appeal to the Board in which case the matter shall be determined by majority vote of the Board. The Chairperson shall sign all resolutions, and other documents necessitating their signature which were adopted in their presence unless they are unavailable in which case an alternate Chairperson may sign such documents. 20 GAINING THE FLOOR. Every Board Member desiring to speak shall first address the Chair, gain recognition by the Chairperson, and shall confine themselves to the question under debate, avoiding reference to character and indecorous language. 21 OUESTIONS TO THE STAFF. Every Board Member desiring to question the City Staff shall, after recognition by the Chairperson, address their question to the appropriate Staff member or to the Housing and Redevelopment Director or City Attorney, Questions shall be limited to inquiries relevant to the item. 22 INTERRUPTIONS. A Board Member once recognized shall not be interrupted when speaking unless called to order by the Chairperson, or unless a point of order or personal privilege is raised by another Board Member, or unless the speaker chooses to yield to a question by another Board Member. If a Board Member while speaking is called to order they shall cease speaking until the question of order is determined and if determined to be in order, they-may DRB RES0 NO. 253 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceed. Members of the City Staff, after recognition by the Chairperson, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Chairperson. 23 POINTS OF ORDER. The Chairperson shall determine all points of order subject to the right of any Board Member to request full Board ruling and the question shall be, "Shall the decision of the Chairperson be sustained?" A majority vote shall conclusively determine such question of order. 24 POINT OF PERSONAL PRIVILEGE. The right of a Board Member to address the Board on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where the welfare of the Board is concerned. A Board Member raising a point of personal privilege may interrupt another Board Member who has the floor only if the Chairperson recognizes the privilege. 25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of Section 26, the Board Member moving the adoption of a resolution or motion shall have the privilege of closing debate, subject to a Board majority ruling that debate should continue. 26 CALLING THE OUESTION. A member of the Board who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the Chairperson shall ask for a vote. If the call carries, the Board shall then vote on the motion without hrther discussion. 27 PROTEST AGAINST BOARD ACTION. Any Board Member shall have the right to have the reasons for their dissent from or their protest against any action of the Board entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons ..." 28 PUBLIC HEARINGS - WHEN HELD. (a) Wherever by law the Board is required to hold a public hearing on any matter before it. such hearing will be held in accordance with the rules and procedures set forth in these rules. Nothing herein shall prohibit or limit the Board from holding a public hearing on the matter before it, whether required by law or not, nothing herein shall prohibit or limit any member of the public from addressing the Board in accordance with the procedures provided for in these rules irrespective of whether or not a public hearing is held. (b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the Board convenes. The Board shall hold such hearings in order, in accordance with the schedule on the agenda at that time or as soon thereafter as practicable. 29 PUBLIC HEARINGS - PROCEDURE. (a) The Chairperson shall announce that it is the time and place for a public hearing scheduled on the agenda. (b) Prior to all Design Review Board public hearings copies of the Board's agenda DIU3 RES0 NO. 253 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *- with attachments, including the staff report, if any, shall be available at the Office of the Housing and Redevelopment Director at least twenty-four hours prior to commencement of the hearing; provided however, the Board may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing. Any writing presented to the Board which has not previously been made available for public inspection, shall be made available as soon after the meeting as practicable. (c) The order of the hearing shall be as follows unless otherwise required by law: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Presentation of Staff Report. Questions from the Board to Staff. Presentation, if any, by the Applicant [limited to 15 minutes or at the discretion of the Chairperson). Questions from the Board to the Applicant. Testimony of Public. Response of Applicant. Termination of Public Testimony. Discussion by Board - Further Questions of Staff. Design Review Board Vote. Public Hearing Closed. (d) The Board Members should raise issues or concerns during the course of a public hearing so that the applicant or the public has an opportunity to address those issues. If a proposed condition is discussed for the first time after the public testimony is closed, the Chairperson shall allow sufficient time to the applicant to address the change or addition. Members of the general public shall also be allowed to address the change or addition if directly impacted by the proposed condition. (e) The provisions of Section 36 and Section 37 for addressing the Board shall apply to persons testifying at public hearings except that a written request to speak shall not be required. (0 The Chairperson may, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, set longer time limits than otherwise may be applicable to the hearing. 30 PUBLIC HEARINGS - EVIDENCE. (a) During the public hearing the Board shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The Chairperson or any member of the Board through the Chairperson may require any member of the Design Review Board to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion of the Chairperson or any member of the Board, the oath is necessary. Evidence received at public hearings provided for in this Resolution shall be relevant and material to the issues before the Board; provided, however, that the rules of evidence as established by the Evidence Code for the State of California shall be substantially relaxed in DRB RES0 NO. 253 -9- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 c order to afford a full presentation of the facts essential for judicious consideration by the Board of the matter which is the subject of the public hearing. Failure on the part of the Board to strictly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. Any person, other than a member of the Board, who wishes to direct question(s) to an opposing witness shall submit such question(s) to the Chairperson who will ask the question(s) to the witness. The Chairperson may at their discretion restrict the number and nature of any questions asked pursuant to this section. (b) If there is a Staff Report it shall be considered as evidence and shall become a part of the record of a public hearing. Such report need not be read in full as part of the Staff presentation. A synopsis of such report may be presented orally by staff members to the Board. In addition, any of the following may be presented to the Board and, if presented, shall also become part of the record: 1. Exhibits and documents used by the City Staff and any persons participating in the hearing. 2. Maps and displays presented for use at the hearing provided that, whenever practicable, they shall be displayed in full view of the participants and the audience. All communications and petitions concerning the subject matter of the hearing provided that a reading of such matters only shall be had at the request of a Board Member. Information obtained outside the Council Chambers, such as view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the record, including disclosure of exparte contacts with Board Members, so proponents and opponents can be aware of the potential basis for decision, and clarify or rebut, prior to decision. 3. 4. (c) All exhibits, reports, maps and other physical evidence placed before the Board shall be retained by the Secretary of the Design Review Board as public records. Such exhibits may be released by the Secretary with the approval of the City Attorney. 31 PUBLIC HEARINGS - CONTINUATION. At any time that it appears to the Chairperson or a majority of the Board through the Chairperson, that inadequate evidence has been presented to afford judicious consideration of any matter before the Board at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, the public, or the City Staff adequate time to assemble additional evidence for the Board's consideration. Any continuation ordered by the Board through its Chairperson may be to a date certain, which said date shall be publicly announced in the Council Chambers and shall constitute notice to the public of the time and place that further evidence will be taken.-No further notice is necessary; however, the continuation may be to a date uncertain, in which case it shall be announced that the matter will be renoticed. If the hearing is continued to a time less than 24 hours after the time specified in the notice of hearing, a copy of the notice of continuance of hearing shall be posted immediately following the meeting at which the order of continuance was made, The public announcements provided for herein shall constitute notice to the applicant DRB RES0 NO. 253 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the public of time and place when further evidence will be taken by the Board. The Board shall also have the option to set the matter to a new hearing. 32 PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY. When the public has no further evidence to present, when in the opinion of the Chairperson no new public evidence is being presented or when in the opinion of Chairperson the evidence is sufficient, thechairperson may terminate the public testimony. Termination of the public testimony does not close the Public Hearing. 33 PUBLIC HEARINGS - DECISION. (a) When neither the applicant, the public, or the City staff have further evidence to produce or when in the opinion of the Chairperson sufficient evidence has been presented, no further evidence either oral or written will be accepted by the Board; provided, however, that this rule may be relaxed by the Chairperson or the majority of the Board through the Chairperson when it appears that good cause exists to hear fiu-ther evidence concerning the matter which is the subject of the public hearing. The Board shall consider all evidence properly before them in accordance with these procedures. The Board shall then act upon the item. The Board may instruct the Community Redevelopment Manager to return with the documents necessary to effect the decision including findings as may be appropriate to the matter. Upon return of such documents, the Board shall determine if the findings are supported by the evidence before them at the hearing and if the decision is supported by the findings and after making any changes render their decision by taking action on the documents. The Board's decision is not final until adoption of the documents. (b) A Board Member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless they have examined all the evidence including listening to a recording of the oral testimony, if a recording is made, or the minutes, and can represent that they have a full understanding of the matter. 34 PUBLIC HEARINGS - CLOSING.. Following a vote by the Board, the Chairperson shall close the public hearing. 35 PUBLIC HEARINGS - REOPENING. A public hearing on any matter once closed cannot be reopened on the date set for hearing unless the Chairperson-determines that all persons who were present when the hearing closed are still present. Nothing herein, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the Board. No public hearing may be reopened without due and proper notice being given to the applicant and the public designating the time and place of said opening. 36 REOUEST TO ADDRESS THE BOARD ON ITEMS OTHER THAN LISTED PUBLIC HEARINGS. (a) It is the policy of the Board to permit limited presentations by members of the public on non-public hearing agenda items. The Chairperson may in the absence of objection by a majority of the Board Member present, decline to permit such presentations on any particular non-public hearing item. DRB RES0 NO. 253 -1 1- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) Any person or group of persons desiring to address the Board on a non-hearing matter must file with the Housing and Redevelopment Director a written request for permission to address the Board in advance of the Board's consideration of the item. The Chairperson may grant consent to address. (c) Each person desiring to address the Board shall approach the podium, state their name and address for the record, state the subject they wish to discuss, state whom they are representing if they represent an organization or other persons, and unless further time is granted by majority vote of the Board, shall limit their remarks to five minutes. All remarks shall be addressed to the Board as a whole and not to any one member thereof. No questions shall be asked of a Board Member or a member of the City Staff without obtaining permission of the Chairperson. The Chairperson shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion. (d) After a motion has been made no member of the public shall address the Board from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Board. (e) No person shall address the Board without first securing the permission of the Chairperson. 37 ADDRESSING THE BOARD - SPOKESPERSON FOR GROUP OF PERSONS. (a) In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Board on the same subject matter, it shall be proper for the Chairperson to require that a spokesperson be chosen from the group to address the Board. If additional matters are to be presented by any other members of the group the Chairperson may limit the number of such persons and limit the presentation to information not already presented by the group spokesperson. (b) For items other than those set for public hearing, groups of persons shall be limited'to a total presentation period of five minutes. Further time may be granted by majority vote of the Board. 38 DECORUM AND ORDER - BOARD AND CITY STAFF. While the Board is in session, the Board Members and City staff shall observe good order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Board nor disturb any member while speaking or refuse to obey the directives of the Chairperson. 39 DECORUM AND ORDER - AUDIENCE. Members of the public attending Board meetings shall observe the same rules of order and decorum applicable to the Board Members and City staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Board or while attending the Board's meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Chairperson, and such DRB RES0 NO. 253 -12- 1. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 person may be barred from further audience before the Board. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Chairperson, and if such conduct continues, the Chairperson shall direct the Sergeant-at- Arms to remove such offenders from the room. 40 ENFORCEMENT OF DECORUM. (a) The Police Chief or such other person as they may designate shall be Sergeant-at- Arms of the Board. The Sergeant-at-Arms shall be available on an on call basis for regular and adjourned meetings. Any member of the Board or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Board, or who refuses to carry out orders and instructions given by the Chairperson for the purpose of maintaining order and decorum at the Board meeting. or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. (b) 41 VOTING PROCEDURES. Voting shall be conducted by show of hands or by voice vote.. When the Board is voting by a show of hands, the Chairperson shall ask that all persons voting in favor of the matter to raise their hands; then ask for a show of hands by all persons voting against the matter. When the Board is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Board Member voting. An affirmative vote shall be registered by the oral statement of 'YES' or 'AYE' by the Boarder voting. 42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Board Member has reason to think a conflict of interest may exist, they shall give the facts of the matter to the City Attorney and request advice thereon prior to the meeting. Any Board Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairperson state the nature of such disqualification in the open Board meeting. A Board Member who is disqualified by reason of a conflict of interest in any matter shall remove themselves from the chamber during the debate and not vote or otherwise participate on such matter, or may request and be given the permission of the Chairperson-to step down from the Board seat and leave the chamber. A Board Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. 43 FAILURE TO VOTE. Every Board Member should vote unless disqualified by reason of conflict of interest. A Board Member \\-ho abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. 44 CHANGING VOTE. A Board Member may change their vote only if a timely request to do so is made immediately following the announcement of the vote by the Chairperson and prior to the time the next item in the order of business is taken up. A Board Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be allowed to withdraw their abstention. DRB RES0 NO. 253 -1 3- L4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 45 RECONSIDERATION. (a) A motion to reconsider any actio taken by the Board may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned sessions thereof. Such motion may be made only by one of the Board Members who voted with the prevailing side. Nothing herein shall be construed to prevent any Board Member from making or remaking the same or any other motion at a subsequent meeting of the Board. (b) A motion to rescind, repeal, cancel or otherwise nullify prior Board action shall be in order at any subsequent meeting of the Board. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect individual rights which may have vested in the interim. 46 PREPARATION OF RESOLUTIONS. All resolutions shall be prepared by the Housing and Redevelopment Director or City Attorney. No resolution shall be prepared for presentation to the Board unless requested by a Board Member, the Chairperson, City Manager, City Attorney or prepared by the Housing and Redevelopment Director on their initiative. No resolution shall be presented to the Board unless its form has been approved by the City Attorney; this approval need not be indicated on the resolution. 47 MOTIONS. (a) A motion is the formal statement of a proposal or question to the Board for consideration and action. Every Board Member has the right to present a motion. A motion is generally considered in the nature of direction or instruction, however, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. (b) If the motion contains two or more divisible propositions, the Chairperson may divide the same. (c) If a motion is properly made the Chairperson shall call for a second. No further action is required on a motion which does not receive a second. (d) When a motion is made and seconded it shall be restated by the Chairperson before a vote. After extensive discussion on a motion the Chairperson should restate the motion before a vote. (e) A motion once before the Board. may not be withdrawn by the maker without the consent of the second. 48 PRECEDENCE OF MOTIONS. (a) When a main motion is before the Board, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order: DRB RES0 NO. 253 -14- .. .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Adjourn. Recess. Table. Call for the Question. Limit or extend Debate. Refer to Committee or Staff. Substitute. Amend. Postpone. Minute Motion. Main Motion. The order of preference in Subsection (a) is subject to the allowing restrictions. ' 1. A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Board action or discussion. A motion shall not be in order when the previous question has been ordered. A motion shall not be in order while a vote is being taken. A motion shall not be in order when made as an interruption of a Boarder while speaking. 2. 3. 4. PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria of the motions listed in Section 48 is as follows: 1. Motion to Adjourn. Purpose. To Terminate a Meeting. Debatable or Amendable. No. except a motion to adjourn to another time is debatable and amendable as to the time 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 Table. 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 some future regular meeting. DIU3 RES0 NO. 253 -1 5- .. .. I A r i L C € - I I I 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Debatable or Amendable. It is debatable but not amendable. 4. Motion to Call for the Question. Pumose. 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. Not debatable; amendments are restricted to period of time of the proposed limit or extension. 6. Motion to Refer to Committee or Staff. Purpose. To refer the question before the Board to a Committee or to the City staff for the purpose of investigating or studying the proposal and to make a report back to the Board. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable. Yes. 7. Substitute Motion. Pumose. To strike out one main motion and insert another main motion in its place which may be done so long as it is related to the subject of the original motion. Debatable or Amendable. The substitute motion is left unacted on until Board Members have the opportunity to perfect the main motion by amendments if ' desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion. 8. Amend. Purpose. To modify or change a motion that is being considered by the Board so that it will express more satisfactorily the will of the members. If the motion DRB RES0 NO. 253 -16- .-. .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 passes, then the main motion should be voted on as amended. Debatable or Amendable. It is debatable unless applied to an undebatable main motion. It is amendable. 9. Motion to Postpone. 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 but not amendable. 10. Minute Motion. Purpose. To make a permanent record and enter into the minutes the action of the Board regarding any item properly before it. Such action may include, but not be limited to, recommendations to the City Council, approving and accepting reports, determining conformity of proposed public works projects. acquisitions or dispositions of property and the construction of buildings with the adopted general plan or such other and further action as determined by the Board which does not require a written resolution. A minute motion shall not substitute for a resolution. Debatable or Amendable. Yes. 1 1. Main Motion. Purpose. The primary proposal or question before the Board for discussion and decision. Debatable or Amendable. Yes. 50 RESOLUTIONS. Formal Board actions on all items before it shall be made by resolution. When necessary the resolution shall contain appropriate findings and declarations. I 51 RESOLUTIONS - ADOPTION. ! (a) Where a particular resolution has been prepared and is before the Board, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full provided it is identified by the Chairperson. Upon request of any member of the Board, the resolution shall be read by title or in full. 1 ' (b) Where a particular resolution has not been prepared a motion to direct the Housing and Redevelopment Director to prepare the document and return it to the Board is in order. DRB RES0 NO. 253 -1 7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 (c) Where 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 Board. (d) No resolution shall be presented to the Board unless approved by the City Attorney. This approval need not be indicated on the resolution itself. 52 CORRECTION OF DOCUMENTS. Upon occasion resolutions or other documents are submitted in draft form or on the spot amendments occur or typographical or other technical errors are found which necessitate retyping of the document; and such redraft, when properly executed, shall become the original document. 53 ROBERT'S RULES OF ORDER. If a matter arises at a Board meeting which is not covered by this chapter or applicable provisions of Federal or State law or the Carlsbad Municipal Code the procedures of the Board shall be governed by the latest revised edition of Robert's Rules of Order, which is incorporated herein by reference. 54 FAILURE TO OBSERVE PROCEDURES. The provision of 'these Rules are adopted to expedite the transaction of the business of the Board 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 invalidate any action taken at a meeting that is otherwise held in conformity with law. .... DRB RES0 NO. 253 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act as may be amended from time to time, are incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, held on the 18th day of December, 1996, by the following vote, to wit: AYES: Welshons, Compas, Scheer NOES: None ABSENT: Marquez, Savary ABSTAIN: None KIM aLSHOKS, Chairperson CARLSBAD DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER HOUSING AND REDEVELOPMENT DIRECTOR DIU3 RES0 NO. 253 -19- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 253 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDED DESIGN REVIEW BOARD POLICIES AND PROCEDURES. The Design Review Board of the City of Carlsbad hereby resolves as follows: The following policies and procedures for the conduct of Design Review Board Meetings are amended and adopted as noted herein: Sections: REGULAR MEETINGS SPECIAL MEETINGS ADJOURNED MEETINGS STUDY SESSIONS DESIGN REVIEW BOARD AGENDA MEETINGS TO BE PUBLIC - EXCEPTIONS CORRESPONDENCE - AVAILABILITY TO THE PUBLIC CORRESPONDENCE - AUTHORITY OF HOUSING AND REDEVELOPMENT DIRECTOR 9 QUORUM 10 CONDUCT OF BUSINESS 11 CALL TO ORDER -HAIRPERSON 12 ROLLCALL 13 READING OF MINUTES 14 MINUTES 15 DISTRIBUTION OF MINUTES 16 RECORDINGS OF MEETINGS mnw d ckanqq &+hW rr3o(&.i~ 20 GAINING THE FLOOR 3+riKcdad 21 QUESTIONS TO THE STAFF -@+r&nS) 0- 22 INTERRUPTIONS shc ve, 23 POINTS OF ORDER =a, 4pQ - have k,* 24 POINT OF PERSONAL PRIVILEGE 5l9n*fha cgr. F;t +h= =condccpy ic. +o JhmdSht 28 PUBLIC HEARINGS - WHEN HELD ---men);3, &bIc 17 PFFICERS 18 CHAIRPERSON 19 POWERS AND DUTIES OF CHAIRPERSON 25 PRIVILEGE OF CLOSING DEBATE 26 CALLING THE QUESTION 27 PROTEST AGAINST BOARD ACTION 29 PUBLIC HEARINGS - PROCEDURE 30 PUBLIC HEARINGS - EVIDENCE 31 PUBLIC HEARINGS - CONTINUATION 32 33 PUBLIC HEARINGS - CLOSING PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY DRB Reso. No 253 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 -- PUBLIC HEARINGS - REOPENING PUBLIC HEARINGS - DECISION REQUEST TO ADDRESS THE BOARD ON ITEMS OTHER THAN LISTED PUBLIC HEARINGS PERSONS. ADDRESSING THE BOARD - SPOKESPERSON FOR GROUP OF DECORUM AND ORDER - BOARD AND CITY STAFF DECORUM AND ORDER - AUDIENCE ENFORCEMENT OF DECORUM VOTING PROCEDURES DISQUALIFICATION FOR CONFLICT OF INTEREST FAILURE TO VOTE CHANGING VOTE RECONSIDERATION PREPARATION OF RESOLUTIONS MOTIONS PRECEDENCE OF MOTIONS PARTICULAR MOTIONS, PURPOSE AND CRITERIA RESOLUTIONS CORRECTION OF DOCUMENTS ROBERTS RULES OF ORDER FAILURE TO OBSERVE PROCEDURES RESOLUTIONS - ADOPTION 55 RALPH M. BROWN ACT 1 REGULAR MEETINGS. The Design Review Board shall hold regular meetings on the dfourth Wednesday of each month at the hour of %8-6:00 PM, in the Council Chambers at the City Hall, 1200~ Carlsbad Village Drive, Carlsbad, or such other place to which a meeting is adjourned. If by reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers, the meetings may be held for the duration of the emergency at such other place as designated by the Chairperson of the Board, or if the Chairperson fails to act, by a majority of the quorum of the Board. When the day for any regular meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the Design Review Board. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the agenda. 2 SPECIAL MEETINGS. Special meetings may be called at any time by the Chairperson or by three members of the Design Review Board by delivering personally or by mail written notice to each Board Member and to each local newspaper of general circulation, radio or television stations having filed written request for such notice. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Board Member who at or prior to the time the meeting convenes files with the fi Housing and Redevelopment Director a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Board Member who is actually present DRB Reso. No 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 at the meeting at the time it convenes. Notice of the sDecial meetini shall be Dosted at least 24 hours Drior to the meeting at a location that is freely accessible to members of the Dublic. DRB RES0 NO. 253 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ADJOURNED MEETINGS. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof in the absence of a protest by any Board Member. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by the procedures. If a quorum is not present, less than a quorum may so adjourn a meeting. If all members of the Board are absent, the Housing and Redevelopment Director shall declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 2 for special meetings. When any meeting is adjourned the f&mw&ty Housing and Redevelopment Director shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of the adjournment. 4 STUDY SESSION. The Board may from time to time adjourn to meet in study sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the Design Review Board. No official action shall be taken at a study sessi0n.m -. Study sessions shall be considered a public meeting, in accordance with the Ralph M. Brown Act and shall be open to the public. however, the comments or discussion of the public in such session shall be subiect to the discretion of the Chairperson. .. . .. 5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetings of the Design Review Board shall be open to the public and meetings of standing advisory committees with continued subiect matter jurisdiction or a meeting schedule fixed bv resolution or other formal action of the Design Review Board, and composed of only less than a quorum of DesiPn Review Board members, shall also be open to the public and subiect to the Ralph M. Brown Act. Closed sessions may be held when specifically authorized by law. 6 BOARD AGENDA. (a) In order to facilitate the orderly conduct of the business of the Board, an agenda shall be prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the direction of a member of the Board, the 2 Housing and Redevelopment Director or the City Attorney. Whenever feasible, each item on the agenda shall contain a staff recommendation, the proiect name and case number, location (within the city), brief description, and the specific action requested to be taken by the Board.- >. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of the public. Jb) Everv agenda for a regular meetinP shall provide an opportunity for members of the public to directlv address the Board on items of interest to the public, provided that no action shall be taken on any item not aupearing on the agenda; this part of the agenda shall be limited to 15 minutes. DRB RES0 NO. 253 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 (c) No action or discussion shall be undertaken on any item not appearing on the posted agenda except that members the Design Review Board or City staff may briefly respond to statements made or questions posed by persons exercising their Dublic testimony rights under Section 54954.3 of the Government Code. In addition, on their own initiative, or in resDonse to questions posed by the public, a member of a Design Review Board or City staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of the Design Review Board, or the Board itself. subiect to rules or procedures of the Board, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. Additionally. no action or discussion shall be undertaken on any item not appearing on the posted agenda unless one of the following conditions exist: (1) (2) Upon a determination by a majority vote that an emergency exists. Upon a determination by a two-thirds vote (or unanimous vote if less than two-thirds are present), that there is a need to take action which came to the attention of the City subsequent to the agenda being posted. The item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item. and at the prior meeting, the item was continued to the meeting at which action is being taken. (3) (d) The order of business established on the agenda shall be followed unless the Chairperson, with the consent of a majority of the Design Review Board, permits a matter to be taken out of the regular agenda order. 1. Call to Order. 2. Pledge of Allegiance. 3. Roll Call. 4. Approval of Minutes. 5. Design Review Board Procedures. 5. 6. Continued Items. 7. Public Hearings. 8. Non-Public Hearing. 9. 10. Planning Director Comments. 1 1. City Attornev Comments. Comments from the audience on items not listed in the Agenda. Design Review Board Member Comments. DIU3 RES0 NO. 253 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2. Adi oumment. 7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC. (a) Correspondence addressed to the Board which is received by the Gem+w&y -Housing and Redevelopment Director or any officer or employee of the City shall not be a matter of public record unless it is received and filed by the Board at a regular, special, or adjourned meeting of the Board. Correspondence shall not be read aloud at a Board meeting unless requested by a majority vote of the Board. (b) Sufficient copies of each correspondence shall be provided so that each Board Member and the 2 Housing; and Redevelopment Director will have a copy. In addition, three additional copies for public inspection at the meeting shall be provided. 8 CORRESPONDENCE - AUTHORITY OF- 1 HOUSING AND REDEVELOPMENT DIRECTOR. The J Housing and Redevelopment Director is authorized to open and examine all mail or other written communications addressed to the Design Review Board, except correspondence addressed to individual Design Review Board members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Design Review Board action may be acted upon between Board meetings provided that all communications and any action taken pursuant thereto shall be reported to the Design Review Board. (a) (b) Correspondence deemed to be of an important or urgent nature may be submitted for Board consideration at a Design Review Board meeting. 9 QUORUM. Three members of the Board shall constitute a quorum for the transaction of business. Cn,., Three affirmative votes shall be required for any Design Review Board action. Less than a quorum may adjourn from time to time. Where there is no quorum, the Chairperson, Vice Chairperson or any member of the Board shall adjourn such meeting, or if no member of the Board is present, the Housing; and Redevelopment Director shall adjourn the meeting. For the purpose of considering any item subject to vote of the Board, when a member of the Board is disqualified due to a conflict of interest, their presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of non-interested Board Members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum. 10 CONDUCT OF BUSINESS. The time set for each regular meeting, each member of the Board, the3 Housing and Redevelopment Director, Minutes Clerk, City Attorney and such department heads or others as have been requested to be present shall take their regular places in the Council Chambers. The business of the Board shall be conducted in substantially the order and in the manner herein provided. DRB RES0 NO. 253 -6- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c_ -. I: 11 CALL TO ORDER - HAIRPERSON. The Chairperson, or in k4s-M absence the Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the Board to order. In the absence of the Chairperson and the Vice Chairperson, th- CdQ 2- Housing and Redevelopment Director shall call the Board to order, whereupon a temporary Chairperson shall be elected by the Board Members present. Upon the arrival of the Chairperson or the Vice Chairperson, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Design Review Board. Whenever the term 'Chairperson' is used in these 1 rules, and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if k& are also absent, to the Chairperson elected pursuant to this section. 12 ROLL CALL. Before proceeding with the business of the Board, the Minutes Clerk or Chairperson shall call the roll of the Design Review Board Members and the names of those present shall be entered in the minutes. 13 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is requested by a member of the Board, the minutes may be approved without reading if each member of the Board has previously been furnished with a copy thereof. 14 MINUTES. The minutes of the Board shall be kept by the Minutes Clerk and I shall be neatly typewritten1 , with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Minutes Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Board and shall not be required to make a verbatim transcript of the proceedings, and provided, further, that a record shall be made of the names and addresses of persons addressing the Board, the title of the subject matter to which their remarks related and whether they spoke in I support of or in opposition to such matter. DRB RES0 NO. 253 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 A Board Member may request, through the Chairperson, the privilege of having an abstract of their statement on any subject under consideration by the Board entered in the minutes. If there is no objection from any member of the Board, such statement shall be entered in the minutes. 15 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be furnished to each Board Member prior to the subsequent meeting. Copies shall also be provided to the City Manager, City Attorney, Housing and Redevelopment Director and any other individuals designated by the City Manager. .. 16 RECORDING OF MEETINGS. (a) The Minutes Clerk may tape record Design Review Board meetings, " t Y. II L &The tape recordings shall be retained by the Minutes Clerk until such time as the minutes have been approved by the Board. Upon such approval of the written minutes by the Board, the Minutes Clerk may reuse or erase such tape recordings unless specifically requested by the Board or the City Attorney to retain such tapes at the time the minutes are approved. (b) 9 The public may hear tape recordings of the Board meetings during office hours when it will not inconvenience the ordinary operation of the-f&y€As+W Housing and Redevelopment Deuartment.] 1 m i7n AI I.&".I I" public may purchase copies of the recording tapes for a fee in an amount as determined by the City Council bv resolution. Board Members will be provided copies of the recording tapes upon request for their use onlv. The Board Members shall return the recording. tapes to the Housing and Redevelopment Department after they have listened to them. (c) If any person wishes a dtranscription of the Design Review Board meeting, or any portion thereof, a request therefore shall be filed with the €%y-Gk&Housing and Redevelopment Department twenty-four hours prior to the meeting. If such a request is received, the Secretary of the Design Review Board shall make arrangements to make and preserve such a record at the expense of the person making the request. DRB RES0 NO. 253 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If any person desires to have a matter reported by a stenographer reporter, they may employ one directly at their expense or request that the-&y€X& Secretarv of the Design Review Board arrange, also at the requesting party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The &y€%& Secretary of the Design Review Board may require a deposit before making arrangements for any such transcription. 17 OFFICERS. The Design Review Board shall elect from among its appointed members a Chairperson and Vice-Chairperson to serve for a term of one year. Elections shall be held at the last meeting in December and the elected Chair and Vice Chair shall assume their respective offices at the January meeting. A Board Member must serve one year before being elected Chair. 18 PHAIRPERSON. The Chairperson of the Board shall be the Presiding Officer at all meetings of the Design Review Board. 19 POWERS AND DUTIES OF- CHAIRPERSON. .. The Prx&+&Xes Chairperson may move, second, debate, and vote from the Chair. 4k-m Chairperson shall not be deprived of any of the rights and privileges of a Board Member by reason of -his-- acting as Chairperson. The -C haimerson or such person as bthe Chairperson may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the hairperson shall announce whether the question carried or was defeated. The -C haimerson shall be responsible for the maintenance of order and decorum at all meetings:, %-and shall decide all questions of order and procedure subject, however, to an appeal to the Board in which case the matter shall be determined by majority vote of the Board. The hairperson shall sign all resolutions, and other documents necessitating& their signature which were adopted in+ their presence unless %they are unavailable in which case an alternate -Chairperson may sign such documents. .. .. .. .. .. 20 GAINING THE FLOOR. Every Board Member desiring to speak shall first address the Chair, gain recognition by the Chairperson, and shall confine t\;mnnlfthemselves to the question under debate, avoiding reference to character and indecorous language. .. QUESTIONS TO THE STAFF. Every Board Member desiring to question the City Staff shall, after recognition by the hairperson, address &their question to the appropriate Staff member or to the! Housing and Redevelopment Director or City Attorney. Questions shall be limited to inquiries relevant to the item. .. 21 22 INTERRUPTIONS. A Board Member once recognized shall not be interrupted when speaking unless called to order by the haimerson, or unless a point of order or personal privilege is raised by another Board Member, or unless the speaker chooses to yield to a question by another Board Member. If a Board Member while speaking is called to .. DRB RES0 NO. 253 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 order he-& shall cease speaking until the question of order is determined and if determined to be in order,* they may proceed. Members of the City Staff, after recognition by the €+widkg €%ke&hairuerson, shall hold the floor until completion of their remarks or until recognition is withdrawn by the- Chairperson. .. 23 POINTS OF ORDER. The €%&kg C!f!keeC haimerson shall determine all points of order subject to the right of any Board Member to request full Board ruling and the question shall be, "Shall the decision of the- Chairperson be sustained?" A majority vote shall conclusively determine such question of order. .. 24 POINT OF PERSONAL PRIVILEGE. The right of a Board Member to address the Board on a question of personal privilege shall be limited to cases in which &w integrity, character or motives are questioned or where the welfare of the Board is concerned. A Board Member raising a point of personal privilege may interrupt another Board Member who has the floor only if the .. Chairperson recognizes the privilege. 25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of Section 26, the Board Member moving the adoption of a resolution or motion shall have the privilege of closing debate, subject to a Board majority ruling that debate should continue. 26 CALLING THE QUESTION. A member of the Board who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the lhsidkg €Hke+Chairperson shall ask for a vote. If the call carries, the Board shall then vote on the motion without further discussion. 27 PROTEST AGAINST BOARD ACTION. Any Board Member shall have the right to have the reasons fork their dissent from or %their protest against any action of the Board entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons ..." 28 PUBLIC HEARINGS - WHEN HELD. (a) Wherever by law the Board is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in these rules. Nothing herein shall prohibit or limit the Board from holding a public hearing on the matter before it, whether required by law or not, nothing herein shall prohibit or limit any member of the public from addressing the Board in accordance with the procedures provided for in these rules irrespective of whether or not a public hearing is held. (b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the Board convenes. The Board shall hold such hearings in order, in accordance with the schedule on the agenda at that time or as soon thereafter as practicable. 29 PUBLIC HEARINGS - PROCEDURE. (a) The Chairperson shall announce that it is the time and place for a public hearing scheduled on the agenda. DRB RES0 NO. 253 -10- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) Prior to all Design Review Board public hearings copies of the Board's agenda with attachments, including the staff report, if any, shall be available at the Office of the Housing and Redevelopment Director at least twenty-four hours prior to commencement of the hearing; provided however, the Board may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing. Any writing presented to the Board which has not previously been made available for public inspection, shall be made available as soon after the meeting as practicable. I) (c) The order of the hearing shall be as follows unless otherwise required by law: 1. Presentation of Staff Report. 2. 3. 4. 5. Testimony of Public. 6. Response of Applicant. 7. Termination of Public Testimony. 8. 9. Design Review Board Vote. 10. Public Hearing Closed. Ouestions from the Board to Staff. Presentation, if any, by the Applicant {limited to 15 minutes or at the discretion of the Chairperson). Questions from the Board to the Applicant. Discussion by Board - Further Questions of Staff. /d) The Board Members should raise issues or concerns during the course of a public hearing so that the applicant or the public has an opportunity to address those issues. If a proposed condition is discussed for the first time after the public testimony is closed, the Chairperson shall allow sufficient time to the applicant to address the change or addition. Members of the general public shall also be allowed to address the change or addition if directly impacted by the proposed condition. (e) The provisions of Section 36 and Section 37 for addressing the Board shall apply to persons testifying at public hearings except that a written request to speak shall not be required. .. (f) The- Chairperson may, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, set longer time limits than otherwise may be applicable to the hearing. I 30 PUBLIC HEARINGS - EVIDENCE. (a) During the public hearing the Board shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. The- Chairperson or any member of the Board through the- Chairperson may require any member of the Design Review Board to swear any person giving evidence at the time of the hairperson or any member of the Board, the oath is necessary. Evidence received at public hearings .. .. .. I hearing on the matter under consideration, if in the opinion of the DIU3 RES0 NO. 253 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided for in this Resolution shall be relevant and material to the issues before the Board; provided, however, that the rules of evidence as established by the Evidence Code for the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the Board of the matter which is the subject of the public hearing. Failure on the part of the Board to strictly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. Any person, other than a member of the Board, who wishes to direct question(s) to an opposing witness shall submit such question(s) to the hairperson who will ask the question(s) to the witness. The €+etx&qe& hairperson may at their discretion restrict the number and nature of any questions asked pursuant to this section. .. .. (b) If there is a Staff Report it shall be considered as evidence and shall become a part of the record of a public hearing. Such report need not be read in full as part of the Staff presentation. A synopsis of such report may be presented orally by staff members to the Board. In addition, any of the following may be presented to the Board and, if presented, shall also become part of the record: 1. Exhibits and documents used by the City Staff and any persons participating in the hearing. 2. Maps and displays presented for use at the hearing provided that, whenever practicable, they shall be displayed in full view of the participants and the audience. All communications and petitions concerning the subject matter of the hearing provided that a reading of such matters only shall be had at the request of a Board Member. Information obtained outside the Council Chambers, such as view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the record, including disclosure of exparte contacts with Board Members, so proponents and opuonents can be aware of the potential basis for decision, and clarifv or rebut, prior to decision. 3. 4. (c) All exhibits, reports, maps and other physical evidence placed before the Board shall be retained by the Secretary of the Design Review Board as public records. Such exhibits may be released by the Secretary with the approval of the City Attorney. 31 PUBLIC HEARINGS - CONTINUATION. At any time that it appears to the -hailperson or a majority of the Board through the Chairperson, that inadequate evidence has been presented to afford judicious consideration of any matter before the Board at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, the public, or the City Staff adequate time to assemble additional evidence for the Boards consideration. Any continuation ordered by the Board through its Chairperson may be to a date certain, which said date shall be publicly announced in the Council Chambers and shall constitute notice to the public of the time and place that further evidence will be taken. No further notice is necessary; however, the continuation may be to a date uncertain. in which case it shall be announced that the matter will .. .. .. DIU3 RES0 NO. 253 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. be renoticed. If the hearinp is continued to a time less than 24 hours after the time specified in the notice of hearing. a copy of the notice of continuance of hearing; shall be posted immediately following the meeting at which the order of continuance was made. The public announcements provided for herein shall constitute notice to the applicant and the public of time and place when futher evidence will be taken by the Board. The Board shall also have the option to set the matter to a new hearing. 32 PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY. .. When the public has no further evidence to present, when in the opinion of the Zhwh@&~ Chairperson no new public evidence is being presented or when in the opinion of €ksi&zg €Hiee~ Chairperson the evidence is sufficient, the^^^ hairperson may terminate the public testimony. Termination of the public testimony does not close the Public Hearing. .. 33 PUBLIC HEARINGS - DECISION. (a) When neither the applicant, the public, or the City staff have firther evidence to produce or when in the opinion of the Chairperson sufficient evidence has been presented, no finher evidence either oral or written will be accepted by the Board: provided. however. that this rule may be relaxed by the Chairperson or the maioritv of the Board through the Chairperson when it appears that good cause exists to hear further evidence concerning the matter which is the subject of the public hearing. The Board shall consider all evidence properly before them in accordance with these procedures. The Board shall then act upon the item. The Board may instruct the Community Redevelopment Manager to return with the documents necessary to effect the decision including findings as may be appropriate to the matter. Upon return of such documents, the Board shall determine if the findings are supported by the evidence before them at the hearing and if the decision is supported by the findings and after making any changes render their decision by taking action on the documents. The Board’s decision is not final until adoption of the documents. (b) A Board Member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless-bkas they have examined all the evidence including listening to a recording of the oral testimony, if a recording is made, or the minutes, and can represent that b-has-thev have a full understanding of the matter. 34 PUBLIC HEARINGS - CLOSING. %A -. Following; a vote by the Board, the Chairperson shall close the public hearing. 35 PUBLIC HEARINGS - REOPENING. A public hearing on any matter once closed cannot be reopened on the date set for hearing unless the hairperson determines that all persons who were present when the hearing closed are still present. Nothing herein, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the Board. No public hearing may be reopened without .. DRB RES0 NO. 253 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 due and proper notice being given to the applicant and the public designating the time and place of said opening. 36 REQUEST TO ADDRESS THE BOARD ON ITEMS OTHER THAN LISTED PUBLIC HEARINGS. (a) It is the policy of the Board to permit limited presentations by members of the public on non-public hearing agenda items. The Pwsdmg C)ffi~ Chairperson may in the absence of objection by a majority of the Board Member present, decline to permit such presentations on any particular non-public hearing item. .. (b) Any person or group of persons desiring to address the Board on a non-hearing matter must file with thefi Housing: and RedeveloDment Director a written request for permission to address the Board in advance of the Board’s consideration of the item. The- Chairperson may grant consent to address. .. (c) Each person desiring to address the Board shall approach the podium, state h4s their name and address for the record, state the subject k+vi&e+they wish to discuss, state whom- they are representing if -thev represent an organization or other persons, and unless further time is granted by majority vote of the Board, shall limit I4s-m remarks to five minutes. All remarks shall be addressed to the Board as a whole and not to any one member thereof. No questions shall be asked of a Board Member or a member of the City Staff without obtaining permission of the hairperson. The Chairperson shall not permit any communication, oral or written, to be made or read where it does not bear directly on the agenda item then under discussion. .. .. (d) After a motion has been made no member of the public shall address the Board from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Board. (e) No person shall address the Board without first securing the permission of the .. -Chairperson. 37 ADDRESSING THE BOARD - SPOKESPERSON FOR GROUP OF PERSONS. (a) In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Board on the same subject matter, it shall be proper for the Redsag Chairperson to require that a spokesperson be chosen from the group to address the Board. If additional matters are to be presented by any other members of the group the ?re- Chairperson may limit the number of such persons and limit the presentation to information not already presented by the group spokesperson. .. .. (b) For items other than those set for public hearing, groups of persons shall be limited to a total presentation period of five minutes. Further time may be granted by majority vote of the Board. DRB RES0 NO. 253 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38 DECORUM AND ORDER - BOARD AND CITY STAFF. While the Board is in session, the Board Members and City staff shall observe good order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Board nor disturb any member while speaking or refuse to obey the directives of the -Chairperson. .. 39 DECORUM AND ORDER - AUDIENCE. Members of the public attending Board meetings shall observe the same rules of order and decorum applicable to the Board Members and City staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Board or while attending the Board's meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Chairperson, and such person may be barred from further audience before the Board. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the haimerson, and if such conduct continues,* the Chairperson shall direct the Sergeant-at-Arms to remove such offenders from the room. .. .. 40 ENFORCEMENT OF DECORUM. (a) The Police Chief or such other person as they may designate shall be Sergeant-at- Arms of the Board. The Sergeant-at-Arms shall be available on an oncall basis for regular and adjourned meetings. (b) Any member of the Board or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Board, or who refuses to carry out orders and instructions given by the hairperson for the purpose of maintaining order and decorum at the Board meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. .. 41 VOTING PROCEDURES. .. %Voting shall be conducted by show of hands or by voice votez: 1. When the Board is voting by a show of hands, the Chairperson shall ask that all persons voting in favor of the matter to raise their hands; then ask for a show of hands by all persons voting against the matter. When the Board is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Board Member voting. An affirmative vote shall be registered by the oral statement of 'YES' or 'AYE' by the Boarder voting. ... DRB RES0 NO. 253 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. 42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Board Member has reason to think a conflict of interest may exist, &they shall give the facts of the matter to the City Attorney and request advice thereon prior to the meeting. Any Board Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the hairperson state the nature of such disqualification in the open Board meeting. A Board Member who is disqualified by reason of a conflict of interest in any matter shall remove-hks& themselves from the chamber during the debate and not vote or otherwise participate on such matter, or may request and be given the permission of the- Chaimerson to step down from the Board seat and leave the chamber. A Board Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. .. .. 43 FAILURE TO VOTE. Every Board Member should vote unless disqualified by reason of conflict of interest. A Board Member who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. 44 CHANGING VOTE. A Board Member may change kIsm vote only if a timely request to do so is made immediately following the announcement of the vote by the -hairperson and prior to the time the next item in the order of business is taken up. A Board Member who publicly announces that-kgis they are abstaining from voting on a particular matter shall not subsequently be allowed to withdraw .. abstention. 45 RECONSIDERATION. (a) A motion to reconsider any action taken by the Board may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned sessions thereof. Such motion may be made only by one of the Board Members who voted with the prevailing side. Nothing herein shall be construed to prevent any Board Member from making or remaking the same or any other motion at a subsequent meeting of the Board. (b) A motion to rescind, repeal, cancel or otherwise nullie prior Board action shall be in order at any subsequent meeting of the Board. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect individual rights which may have vested in the interim. 46 PREPARATION OF RESOLUTIONS. All resolutions shall be prepared by the Housing. and Redevelopment Director or City Attorney. No resolution shall be prepared for presentation to the Board unless requested by a Board Member, the Chairperson, City Manager, City Attorney or prepared by the €kwmm&y -Housing. and Redevelopment Director on &their initiative. No resolution shall be presented to the Board unless its form has been approved by the City Attorney; this approval need not be indicated on the resolution. DRB RES0 NO. 253 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47 MOTIONS. (a) A motion is the formal statement of a proposal or question to the Board for consideration and action. Every Board Member has the right to present a motion. A motion is generally considered in the nature of direction or instruction, however, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. .. (b) If the motion contains two or more divisible propositions, the Chairperson may divide the same. .. (c) If a motion is properly made the hairperson shall call for a second. No further action is required on a motion which does not receive a second. .. (d) When a motion is made and seconded it shall be restated by the .. Chairperson before a vote. Chairperson should restate the motion before a vote. After extensive discussion on a motion the (e) A motion once before the Board, may not be withdrawn by the maker without the consent of the second. 48 PRECEDENCE OF MOTIONS. (a) When a main motion is before the Board, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order: 1. Adjourn. 2. Recess. 3. Table. 4. &wiew-Call for the Question. 5. Limit or extend Debate. 6. 7. Substitute. 8. Amend. 9. Postpone. 10, Minute Motion. 1 1. Main Motion. Refer to Committee or Staff. The order of preference in Subsection (a) is subject to the allowing restrictions. 1. A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Board action or discussion. A motion shall not be in order when the previous question has been ordered. A motion shall not be in order while a vote is being taken. A motion shall not be in order when made as an interruption of a Boarder while speaking. 2. 3. 4. DRB RES0 NO. 253 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria of the motions listed in Section 48 is as follows: 1. Motion to Adjourn. Purpose. To Terminate a Meeting. Debatable or Amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time 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 Table. 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 some future regular meeting. Debatable or Amendable. It is debatable but not amendable. 4. Motion to Call for the44wieus 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. Not debatable; amendments are restricted to period of time of the proposed limit or extension. DRB RES0 NO. 253 -1 8- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 6. Motion to Refer to Committee or Staff. Purpose. To refer the question before the Board to a Committee or to the City staff for the purpose of investigating or studying the proposal and to make a report back to the Board. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable. Yes. 7. Substitute Motion. Purpose. To strike out one main motion and insert another main motion in its place which may be done so long as it is related to the subject of the original motion. Debatable or Amendable. The substitute motion is left unacted on until Board Members have the opportunity to perfect the main motion by amendments if desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion. 8. Amend. Pumose. To modify or change a motion that is being considered by the Board so that it will express more satisfactorily the will of the members. If the motion passes, then the main motion should be voted on as amended. ' i Debatable or Amendable. It is debatable unless applied to an undebatable main motion. It is amendable. 9. Motion to Postpone. Pumose. 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 but not amendable. ' DRB RES0 NO. 253 -19- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Minute Motion. Purpose. To make a permanent record and enter into the minutes the action of the Board regardinp any item properlv before it. Such action may include, but not be limited to, recommendations to the City Council. approving and acceptinn rewrts, determining conformity of proposed public works proiects, acquisitions or dispositions of property and the construction of buildings with the adopted general plan or such other and further action as determined by the Board which does not reauire a written resolution. A minute motion shall not substitute for a resolution. Debatable or Amendable. Yes. 1 1. Main Motion. Purpose. The primary proposal or question before the Board for discussion and decision. Debatable or Amendable. Yes. 50 RESOLUTIONS. Formal Board actions on all items before it shall be made by resolution. When necessary the resolution shall contain appropriate findings and declarations. 51 RESOLUTIONS - ADOPTION. (a) Where a particular resolution has been prepared and is before the Board, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full provided it is identified by the- Chairperson. Upon request of any member of the Board, the resolution shall be read by title or in full. (b) Where a particular resolution has not been prepared a motion to direct the aHousing and Redevelopment Director to prepare the document and return it to the Board is in order. (c) Where 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 Board. (d) No resolution shall be presented to the Board unless approved by the City Attorney. This approval need not be indicated on the resolution itself. 52 CORRECTION OF DOCUMENTS. Upon occasion resolutions or other documents are submitted in draft form or on the spot amendments occur or typographical or other technical errors are found which necessitate retyping of the document; and such redraft, when properly executed, shall become the original document. DRB RES0 NO. 253 -20- 8 .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53 ROBERT'S RULES OF ORDER. If a matter arises at a Board meeting which is not covered by this chapter or applicable provisions of Federal or State law or the Carlsbad Municipal Code the procedures of the Board shall be governed by the latest revised edition of Robert's Rules of Order, which is incorporated herein by reference. 54 FAILURE TO OBSERVE PROCEDURES. The provision of these Rules are adopted to expedite the transaction of the business of the Board 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 invalidate any action taken at a meeting that is otherwise held in conformity with law. 55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act as may be amended from time to time, are incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, held on the 18th day of December, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KIM WELSHONS, Chairperson CARLSBAD DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 253 -21-