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HomeMy WebLinkAbout1979-02-20; City Council; 1213; CMC 1.20 adds/2.04 amends - City Council procedures1 2 3 4 5 6 7 e 9 1c 11 12 n 19 2c 21 22 2: 24 2E 2E 27 2E ORDINANCE NO. 121 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD MUNICIPAL CODE BY THE AMENDmNT OF CHAPTER 2.04 AND BY THE ADDITION OF CHAPTER 1.20 TO PROVIDE FOR CITY COUNCIL PROCEDURES. The City Council of the City of Carlsbad, California, does Drdain as follows: SECTION 1: That Title 2, Chapter 2.04 of the Carlsbad Municipal Code is amended by the deletion of Sections 2.04.010 and 2.04.020 and by renumbering Sections 2.04.030, 2.04.040 and 2.04.050 to 2.04.010, 2.04.020 and 2.04.030. SECTION 2: That Title 1 of the Carlsbad Municipal Code is amended by the addition of Chapter 1.20 to read as follows: "Chapter 1.20 CITY COUNCIL PROCEDURE Sections: 1.20.010 1.20.020 1.20.030 1.20.040 1.20.050 1.20.060 1.20.070 1.20.080 1.20.090 1.20.100 1.20.110 1.20.120 1.20.130 1.20.140 1.20.150 1.20.160 1.20.170 1.20.180 1.20.190 1.20.200 1.20.210 1.20.220 1.20.230 Regular meetings. Special meetings. Adjourned meetings. Study sessions. Meetings to be public--exceptions. Council agenda. Correspondence--availability to the public. Correspondence--authority of City Manager. Quorum. Conduct of business. Order of business. Call to order--Presiding Officer. Roll call. Reading of minutes. Minutes. Distribution of minutes. Recordings of meetings. Consent calendar. Presiding Officer. Powers and duties of Presiding Officer. Gaining the floor. Questions to the staff. Interruptions. .. 1 2 3 4 9 10 11 12 n v c 0 18 19 20 21 22 23 24 25 26 27 28 1.20.240 1.20.250 1.20.260 1.20.270 1.20.280 1.20.290 1.20.300 1.20.310 1.20.320 1.20.330 1.20.340 1.20.350 1.20.360 1.20.370 1.20.380 1.20.390 1.20.400 1.20.410 1.20.420 1.20.430 1.20.440 1.20.450 1.20.460 1.20.470 1.20.480 1.20.490 1.20.500 1.20.510 1.20.520 1.20.530 1.20.540 1.20.550 1.20.560 1.20.570 1.20.580 1.20.590 Points of order. Points of personal privilege. Privilege of closing debate. Calling the question. Protest against Council action. Request to address the Council on items other than listed public hearings. Addressing the Council--spokesman for group of persons. Decorum and Order--Council and City staff. Decorum and order--audience. Enforcement of decorum. Voting procedures. Disqualification for conflict of interest. Failure to vote. Tie vote. Changing vote. Reconsideration. Preparation of ordinances. Reading of ordinances and resolutions. Public hearings--when held. Public hearings--procedure. Public hearings--evidence. Public hearings--continuation. Public hearings--closing. Public hearings--re-opening. Public hearing--decision. Motions. Precedence of motions. Particular motions, purpose and criteria. Resolutions. Legislative action. Resolutions--adoption. Ordinances--adoption. Correction of documents. Robert's Rules of Order. Council Policy Manual. Failure to observe procedures. /// /// /// /// /// /// /// /// /// 1A. 1 2 3 4 5 6 7 8 9 10 11 12 9 u 18 19 20 21 22 23 24 25 26 27 28 1.20.010 Regular meetings. The City Council shall hold resular meetinss on the first and third Tuesdays of each month at ;hg hour of 6: 00 P.M., in the Council Chambers-at the City Hall, L200 Elm Avenue, 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 nay be held for the duration of the emergency at such other places 1s is designated by the Mayor, or, if he should fail to act, by ,hree members of the City Council. When the day for any regular neeting falls on a legal holiday, such meeting shall be held at che same hour and place on the next succeeding day not a holiday ir such other time as designated by the City Council. 1.20.020 Special meetings. Special meetings may be called %t any time by the Mayor or by three members of the City Council 3y delivering personally or by mail written notice to each - 2ouncil Member and to each local newspaper of general circulation, radio or television station having filed written request for such lotice. Such notice must be delivered personally or by mail at Least twenty-four hours before the time of such meeting as specifiec in the notice. The call and notice shall specify the time and ?lace of the special meeting and the business to be transacted. go other business shall be considered at such meetings. Such aritten notice may be dispensed with as to any Council Member who 3t or prior to the time the meeting convenes files with the City Jlerk a written waiver of notice. Such waiver may be given by telegram. my Council Member who is actually present at the meeting at the time it convenes. Such written notice may also be dispensed with as to 1.20.030 Adjourned meetings. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular neeting. Once adjourned, the meeting may not be reconvened. Neetings may be adjourned by the Mayor by a simple declaration thereof in the absence of a protest by any Council Member. Meeting! may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this chapter. If a quorum is not present, less than a quorum may so adjourn a meeting, If all members of the Council are absent, the City Clerk 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 1.20.020 for special meetings. When any meeting is adjourned the City Clerk shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of the adjournment. 1.20.040 Study sessions. The Council may from time to time The purpose of such sessions adjourn to meet in study sessions. shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. No official action shall be taken at a study session. The partici- pation of the public in such session shall be subject to the discretion of the Mayor. 1.20.050 Meetings to be public -- exceptions. All regular 2. 1E 2c 21 22 22 24 25 26 27 28 and special meetings of the City Council shall be open to the public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public and any person or entity having filed written request for notice of meetings, may be excluded for the purpose of considering the matters, as authorized by Title 5, Division 2, Part 1, Chapter 9, Sections 54950 through and including 54961 of the Government Code of the State of California or other applicable law. No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote. 1.20.060 Council Agenda. (a) In order to facilitate the orderly conduct of the business of the Council, 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 Council, the City P3anager or the City Attorney. items, including ordinances, resolutions, contracts, staff reports or other matters to be submitted to the Council, shall be delivered to the City Clerk not later than 12 o'clock noon on the Thursday preceding the regular meeting. The Clerk shall thereafter prepare the agenda under the direction of the City Manager. Whenever feasible, each item on the agenda shall contain a staff recommenda- tion and the specific action requested to be taken by the Council. The agenda shall be delivered to the Council Members on the Friday preceding the regular meeting. The agenda shall be made available to the public as soon thereafter as practicable. documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administra- tion involved. Notwithstanding the requirements of this subsection any Council Member may place an item on the agenda without review by the City Attorney or City Manager by delivering it directly to the City Clerk in accordance with Subsection (a). be finally acted upon by the Council, provided, however, that matters not on the agenda but deemed to be of an important or urgent nature by any Council Member, the City Manager or the City Attorney may be submitted for Council consideration and action, subject to an explanation of theimportance or urgency stated in open Council meeting. No matter may be considered by the Council other than those matters on the agenda without the unanimous consent of the Council present at the meeting. (d) The order of business established on the agenda shall be followed unless the Mayor, with the consent of a majority of the Council, permits a matter to be taken out of the regular agenda order. Agenda (b) All agenda items, ordinances, resolutions and contract (c) No matters other than those listed on the agenda shall 1.20.070 Correspondence -- Availability to the public. Correspondence addressed to the City Council which is received by 3. f E 'i IC 13 1E 2c 23 22 22 24 25 26 27 29 :he City Clerk or any other officer or employee of the City shall lot be a matter of public record unless it is received and filed ~y the Council at a regular, special, or adjourned meeting of the Zouncil. Correspondence shall not be read aloud at a Council neeting unless requested by majority vote of the Council. 1.20.080 Correspondence -- Authority of City Manager, (a) The :ity Manager is authorized to open and examine all mail or other witten communications addressed to the City Council, except Zorrespondence addressed to individual Council Members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Council action nay be acted upon between Council meetings provided, that all :ommunications and any action taken pursuant thereto shall be reported to the City Council. The City Manager's office and the City Clerk's office ;hall coordinate on mail received by the City Clerk's office in irder to effectively accomplish the purposes of this section. (c) Correspondence concerning a matter on an agenda for :onsideration by the Council, which is received prior to !2 o'clock noon on the Thursday preceding the meeting, shall be lade a part of the agenda item. )n an agenda as soon as practicable together with a report and :ecommendation from the City Manager. iature to any Council Member, the City Manager or the City Attorney lay be submitted for Council consideration at a Council meeting. (b) (d) Correspondence requiring Council action shall be placed (e) Correspondence deemed to be of an important or urgent 1.20.090 Quorum. Three members of the Council shall con- stitute a quorum for the transaction of business. Motions may be )assed by a majority of the quorum, but ordinances and resolutions !ranting franchises or authorizing the payment of money require It least three affirmative votes. Less than a quorum may adjourn irom time to time. Where there is no quorum, the Mayor, Vice Mayor )r any member of the Council shall adjourn such meeting, or if io member of the Council is present, the City Clerk shall adjourn :he meeting. :o vote of the Council, when a member of the Council is disqualified iue to a conflict of interest, his presence shall not be considered .n determining the presence of a quorum. Consideration on such .tem shall be deferred until a quorum of non-interested Council lembers are present to discuss and vote on them if a disqualifi- :ation reduces those in attendance to less than a quorum. For the purpose of considering any item subject 1,20.100 Conduct of Business. The time set for each regular ieeting, each member of the Council, the City Manager, City Clerk, :ity Attorney and such department heads or others as have been :equested to be present shall take their regular places in the :ouncil Chambers. The business of the Council shall be conducted -n substantially the order and in the manner herein provided. 1.20.110 Order of Business. The business of the Council shall be taken up for consideration and disposition in the following order: 4. 1 2 3 4 5 6 7 8 9 10 11 12 n 6 c - 18 u 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Business modified Call to Order. Roll Call. Invocation. Pledge of Allegiance. Approval of Minutes. Special Presentations. Consent Calendar. Ordinances for Adoption. Public Hearings. Departmental and City Manager Reports. City Council Additional Business. City Attorney Additional Business. City Manager Additional Business. Adjournment. will be considered in the order shown above, unless as provided for in this chapter. 1.20.120 Callto Order -- Presiding Officer. The Mayor, or in his absence the Vice Mayor, shall take the chair at -- the hour appointed for the meeting and shall call the Council to order. In the absence of the Mayor and the Vice Mayor, the City Clerk shall call the Council to order, whereupon a temporary presiding officer shall be elected by the Council Members present. Upon the arrival of the Mayor or the Vice Mayor, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the Council. Whenever the term "Mayor" is used in this chapter, and the Mayor is absent, it shall apply equally to the Vice Mayor, and if he is also absent, to the presiding officer elected pursuant to this section. 1.20.130 Roll Call. Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. 1.20.140 Reading of Minutes. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading if the Clerk has previously furnished each member of the Council with a copy thereof. 1.20.150 Minutes. The minutes of the Council shall be kept by the City Clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Council 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 Council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. 5. 1 2 3 4 5 6 7 8 9 10 11 12 D 19 20 21 2% 23 24 25 26 27 28 A Council Member may request, through the Mayor, the privilege having an abstract of his statement on any subject under consid- ?ration by the Council entered in the minutes. If there is no Ibjection from any member of the Council, such statement shall be mtered in the minutes. 1.20.160 Distribution of Minutes. As soon as possible after 5ach meeting, the City Clerk shall furnish a copy of the minutes :o each Council Member, the City Manager, City Attorney, and any Ither individuals designated by the City Manager. 1.20.170 Recordings of Meetings. (a) The City Clerk may :ape record City Council meetings as an aid in the preparation if the minutes. If tape recordings are made, they shall be retained by the City Clerk until such time as the minutes have 3een approved by the City Council. Upon such approval of the mitten minutes by the City Council, the City Clerk may reuse or ?rase such tape recordings unless specifically requested by ;he City Council or the City Attorney to retain such tapes at :he time the minutes are approved. (b) While the City Clerk has the tape recordings in her ?ossession, members of the public may hear tape recordings of :he City Council meetings during office hours when it will not inconvenience the ordinary operation of the Clerk's Office; xief or shorthand notes may be made; however, mechanical re- recordings may not be made from said tapes; and in this connection, the City Clerk is further authorized to allow the recording nachine to be used by the public for listening purposes when such machine is not necessary for use by the City Clerk in the xdinary function of her office. neeting, or any portion thereof, a request therefor shall be Eiled with the City Clerk twenty-four (24) hours prior to the neeting. If such a request is received, the City Clerk shall nake arrangements to make and preserve such a record at the 3xpense of the person making the request. If any person desires to have a matter reported by a stenographer reporter, he may employ one directly at his expense 3r request that the City Clerk arrange, also at the requesting party's expense, for a reporter. Any such request shall be nade in writing at least two full working days before the neeting. 2rrangements for any such record. (c) If any person wishes a record of the City Council The City Clerk may require a deposit before making 1.20.180 Consent Calendar. Certain items for inclusion on the agenda which have been reviewed by the City Manager, delivered to the City Council and made available to the public prior to the Zouncil meeting, shall be grouped together for action and listed under the Consent Calendar, when such matters are considered to be non-controversial and in the nature of housekeeping items by the City Manager, requiring only routine action by the Council, Actions recommended by the City Manager shall be in summary form and be a part of that item, Adoption of the Consent Calendar may be made by one motion approved by the Council; provided, however, that the Mayor should first advise the audience that the Consent Calendar matters will be adopted in total by one 6. 1 4 f E I 1( 11 1; 15 2c 21 2; 22 24 25 26 27 2e action of the Council unless any Council Member or any individual or organization who has so requested wishes to be heard on one or more consent items. In that event, the Mayor may defer action on the particular matter or matters and place them on the regular agenda for consideration in any order deemed appropriate. request from the public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the Consent Calendar. City Council shall provide the following notice of explanation to the public concerning the Consent Calendar: A The written agenda available to the public and to the "All matters listed under CONSENT CALENDAR are considered by the Council to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, the City Manager, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. A request from the public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the Consent Calendar. Members of the public who have requested permission to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name, address and Consent Calendar item number." 1.20.190 Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. 1.20.200 Powers and Duties of Presiding Officer. The Presiding Officer may move, second, debate, and vote from the Chair. He shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. The Presiding Officer or such person as he may designate may verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall announce whether the question carried or was defeated. The Presiding Officer shall be responsible for the maintenance of order and decorum at all meetings. He shall decide all questions of order and procedure subject, however, to an appeal to the Council in which case the matter shall be determined by majority vote of the Council. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable in which case an alternate Presiding Officer may sign such documents. 1.20.210 Gaining the floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself to the question under debate, avoiding reference to character and indecorous language. 'I R 1 2 3 4 5 6 7 a 9 10 11 t 1E 0 IS 2c 21 2: 2; 24 2: 2( 2: 6% 1.20.220 Questions to the staff. Every Council Member esiring to question the City Staff shall, after recognition ly the Presiding Officer, address his questions to the City or the City Attorney, who shall be entitled either o answer the inquiry himself or to designate a member of his taff for that purpose. 1.20.230 Interruptions. A Council Member once recognized #hall not be interrupted when speaking unless called to order by .he Presiding Officer, or unless a point of order or personal lrivilege is raised by another Council Member, or unless the ipeaker chooses to yield to a question by another Council Member. f a Council Member while speaking is called to order he shall lease speaking until the question of order is determined and .f determined to be in order, he may proceed. Members of the lity staff, after recognition by the Presiding Officer, shall iold the floor until completion of their remarks or until .ecognition is withdrawn by the Presiding Officer. 1.20.240 Points of order. The Presiding Officer shall letermine all points of order subject to the right of any Council Iember to request full Council ruling and the question shall be, 'Shall the decision of the Presiding Officer be sustained?" A iajority vote shall conclusively determine such question of xder . 1.20.250 Point of personal privilege. The right of a louncil Member to address the Council on a question of personal xivilege shall be limited to cases in which his integrity, :haracter or motives are questioned or where the welfare of the :ouncil is concerned. A Council Member raising a point of >ersonal privilege may interrupt another Council Member who ias the floor only if the Presiding Officer recognizes the xivilege. irovisions of Section 1.20.270, the Council Member moving :he adoption of an ordinance, resolution or motion shall have :he privilege of closing debate, subject to a Council majority ruling that debate should continue. 1.20.260 Privilege of closing debate. Subject to the 1.20.270 Calling the question. A member of the Council who vishes to terminate discussion of a motion may call for the pestion. If the call is seconded, the Presiding Officer shall 3sk for a vote. If the call carries, the Council shall then Jote on the motion without further discussion. 1.20.280 Protest against Council action. Any Council dember shall have the right to have the reasons for his dissent from or his protest against any action of the Council entered in the minutes. Such dissent or protest to be entered in the ninutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this sction for the following reasons..." 1 2 3 4 5 6 7 8 9 1c 11 12 0 6 1: 2c 21 22 22 24 Zt 2E 27 2E 1.20.290 Request to address the Council on items other than Listed public hearing. :o permit limited presentations by members of the public on ion-public hearing agenda items. :he absence of objection by a majority of the Council Members )resent, decline to permit such presentations on any particular ion-public hearing item. (b) :ouncil on a non-hearing matter must file a written request for ?ermission to address the Council which must be filed with the :ity Clerk in advance of the Council's consideration of that item. ipproach the podium, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time is granted by majority vote of the :ouncil, shall limit his remarks to five minutes. All remarks shall be addressed to the Council as a whole and not to any nember thereof. 3r a member of the City staff without obtaining permission of the Presiding Officer. The Presiding Officer shall not permit my communication, oral or written, to be made or read where it loes not bear directly on the agenda item then under discussion. After a motion has been made no member of the public shall address the Council from the audience on the matter under ionsideration without first securing permission to do so by a najority vote of the City Council. securing the permission of the Presiding Officer. (a) It is the policy of the Council The Presiding Officer may in Any person or group of persons desiring to address the (c) Each person desiring to address the Council shall No questions shall be asked of a Council Member (d) (e) No person shall address the Council without first 1.20.300 Addressing the Council - spokesman for group of persons. (a) In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to require that a spokesman be chosen from the group to address the Council. matters are to be presented by any other members of the group, the Presiding Officer may limit the number of such persons and limit the presentation to information not already presented by the group spokesman. (b) For items other than those listed on the agenda for public hearing, groups of persons shall be limited to a total presentation period of ten minutes. shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted by majority vote of the Council. If additional The Presiding Officer 1.20.310 Decorum and order--Council and City staff. While 9. 1 2 +a 4 E E 7 E s 1c II 12 n a 19 2c 21 22 22 24 25 26 27 28 the Council is in session, the Council 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 Council nor disturb any member while speaking or refuse to obey the directives of the Presiding Officer. 1.20.320 Decorum and order--audience. Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the City Council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attenting the Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, and if such conduct continues, he shall direct the Sergeant-at-Arms to remove such offenders from the room. 1.20.330 Enforcement of Decorum. (a) The Chief of Police or such member of the Police Department as he may designate shall be Sergeant-at-Arms of the City Council and he shall attend meetings at the request of the Presiding Officer, City Manager, or City Council. meetings immediately upon call. He shall carry out all orders given by the Presiding Officer or City Council for the purpose: of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council Members present shall require him to do so. profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Council, or who refuses to carry out orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest. He shall be available to respond to all (b) Any member of the Council or other person using vulgar, (c) Upon instructions of the Presiding Officer, it shall 1.20.340 Voting Procedures. Voting shall be conducted by the use of the voting light system installed in the Council Chambers. A red light designates a "NO or Negative" vote, a green light designates a "Yes or Affirmative" vote, and an amber light designates a vote to "Abstain." dispense with the use of the voting light system by voice vote of the majority. In such an event, voting shall be con- ducted by voice vote until such time as a determination is made to again use the voting light system, or some other system. The Council may at any time, or from time to time, /// /// 10. 1 2 3 4 5 6 7 e 9 ZC 11 12 0 a 1: 2( 21 2: 21 24 2: 24 2: 2E When the Council is voting by voice vote, a negative .ate shall be registered by the oral statement of ''NO" by the 'ouncil Member voting, Affirmative vote shall be registered ~y the oral statement of "YES" or ''AYE" by the Council Member ?oting. 1-20.350 Disqualification for Conflict of Interest. If a louncil Member has reason to think a conflict of interest may !xist, he shall give the facts of the matter to the City Lttorney and request advice thereon prior to the meeting. Any Council Member who is disqualified from voting )n a particular matter by reason of a conflict of interest ;hall publicly state or have the Presiding Officer state the tature of such disqualification in the open Council meeting. Council Member who is disqualified by reason of a conflict )f interest in any matter may remain in his seat during the lebate and not vote or otherwise participate on such matter, )r may request and be given the permission of the Presiding Ifficer to step down from the Council table and leave the louncil Chamber. A Council Member stating such disqualification ;hall not be counted as a part of a quorum and shall be :onsidered absent for the purpose of determining the outcome If any vote on such matter. 1-20.360 Failure to Vote. Every Council Member should vote inless disqualified by reason of conflict of interest. A :ouncil Me&er who abstains from voting acknowledges that a najority of the quorum may decide the question voted upon. 1.20.370 Tie vote. Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action" ind the matter voted upon remains before the Council and is subject to further Council consideration. is unable to take action on a matter before it because of a tie rote or the lack of the required number of votes, the City Clerk ;hall place the item on the next regular meeting of the City Zouncil for further consideration. If the City Council 1.20.380 Changing vote. A Council Member may change lis vote only if a timely request to do so is made immediately Eollowing the announcement of the vote by the Presiding Officer 2nd prior to the time the next item in the order of business is taken up. is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. my action taken by the Council 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 session thereof. Such motion may be made only by one of the Council Members who voted with the prevailing side. Nothing herein shall be zonstrued to prevent any Council Member from making or remaking the same or any other motion at a subsequent meeting of the Council. A Council Member who publicly announces that he 1.20.390 Reconsideration. (a) A motion to reconsider 11. 1 2 3 4 5 6 7 8 9 LO 11 >o I- O 18 19 20 21 22 23 24 25 26 27 28 (b) A motion to rescind, repeal, cancel or otherwise nullify prior Council action shall be in order at any subsequent meeting of the Council, The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely effect individual rights which may have vested in the interim. 1.20.400 Preparation of ordinances. All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for presentation-to the Council unless requested by a Council Member, the Mayor, City Manager, or prepared by the City Attorney on his own initiative. 1.20.410 Reading of ordinances and resolutions. At the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Council Member so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the Council of such reading. 1.20.420 Public hearings - when held. (a) Wherever by law the City Council is required to hold a public hearing on any matter before it, such hearing will be held in accord- ance with the rules and procedures set forth in this chapter. Nothing herein shall prohibit or limit the City Council from holding a public hearing on any matter before it, whether required by law or not, and nothing herein shall prohibit or limit any member of the public from addressing the Council in accordance with the procedures provided for in this chapter, irrespective of whether or not a public hearing is being held. (b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the Council convenes. The Council shall hold such hearings in order, in accordance with the schedule on the agenda at that time or as soon there- after as practicable. 1.20.430 Public hearings - procedure. (a) The Presiding lfficer shall announce that it is the time and place for a ?ublic hearing scheduled on the agenda. (b) Prior to all City Council public hearings copies if the Council's agenda with attachments, including the staff report, if any, shall be available at the office of the City llerk at least twenty-four hours prior to commencement of the iearing; provided however, the Council may allow in its liscretion the filing of supplemental reports which shall be nade public at the commencement of the hearing. itherwise required by law: (c) The order of the hearing shall be as follows unless 1. Presentation of staff and/or Planning 2. Questions from the Council. 3, Presentation by the applicant, if any. 4. Testimony of people in favor. Commission report. 12. 1 2 3 4 5 6 7 8 9 10 11 12 Q 19 20 21 22 23 24 25 26 27 28 5. Testimony of people in opposition. 6. Rebuttal of applicant. (d) The provisions of Section 1.20.290 and Section 1.20.300 for addressing the Council shall apply to persons testifying at public hearings except that: 1. A written request to speak shall not be 2. The time limit for groups shall be twenty 3. The applicant shall have twenty minutes. required. minutes. (e) The Presiding Officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing, set longer time limits than otherwise sllowed by this chapter. The decision of the Presiding Officer nay be appealed to the Council. 1.20.440 Public hearings - evidence (a) During the public hearing the Council shall receive oral or written evidence relevant to the matter being considered which shall become part Df the record. The Presiding Officer or any member of the Clouncil through the Presiding Officer may require the City Zlerk to swear any person giving evidence at the time of the hearing on the matter under consideration, if in the opinion Df the Presiding Officer or any member of the Council, the oath is necessary. Evidence received at public hearings provided for in this ordinance shall be relevant and material to the issues before the Council; provided, however, that the rules 3f evidence as established by the Evidence Code for the State Df California shall be substantially relaxed in order to sfford a full presentation of the facts essential for judicious zonsideration by the Council of the matter which is the subject 3f the public hearing. Failure on the part of the City Council to strictly enforce rules of evidence or to reject matters ghich 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. The Council may order the City Clerk to issue and the Chief of Police or his representative to serve subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled public hearing as provided for herein. Flny person, other than a member of the Council, who wishes to direct question(s) to an opposing witness shall submit such question(s) to the Presiding Officer, who will ask the question(s) to the witness. The Presiding Officer may at his fiiscretion 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 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 xally by staff members to the Council. In addition, any of the following may be presented to the City Council 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, 13. 1 E 9 1c 11 12 n 6 o t 18 19 20 21 22 23 24 25 26 27 28 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 Council Member. Chambers, such as a view of the site, pro- vided such information, to the extent it is relied upon, shall be disclosed for the record. 3. 4. Information obtained outside the Council (c) All exhibits, reports, maps and other physical evidence placed before the Council shall be retained by the City Clerk as public records. by the Clerk with the approval of the City Attorney. At any time that it appears to the Presiding Officer or a majority of the Council through the Presiding Officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the Council at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, his oponents, or the City Staff adequate time to assemble additional evidence for the Council's consideration. Any continuation ordered by the Council through its Presiding Officer shall be to a date certain, which said date shall be publicly announced in the Council Chamber and shall constitute notice to the public of the time and place that further evidence will be taken. A public hearing may be continued in the event the matter is to be returned to the Planning Commission for further consid- eration. In this event, the Presiding Officer shall publicly state in open Council meeting the fact that the matter has been returned to the Planning Commission for consideration and that the Council hearing will be continued on a date certain. constitute notice to the applicant and his opponents of time and place when further evidence will be taken by the Council. matter to a hearing de novo. Such exhibits may be released 1.20.450 Public hearings - continuation. The public announcements provided for herein shall The Council shall also have the option to set the 1.20.460 Public hearings - closing. When neither the applicant, his opponents, or the City Staff have further evidence to produce or when in the opinion of the Presiding Officer or the majority of the Council through the Presiding Officer sufficient evidence has been presented, the Presiding Officer shall order the public hearing closed, at which time no further evidence either oral or written will be accepted by the Council; provided, however, that this rule may be relaxed by the Presiding Officer or the majority of the Council through the Presiding Officer where it appears that good cause exists to hear further evidence concerning the matter which is the subject of the public hearing. 1.20.470 Public hearings - reopening. A public hearing 14. on any matter once closed cannot be reopened on the date set for hearing unless the Presiding Officer 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 Council. No public hearing may be reopened without due and proper notice being given to the applicant and his opponents designating the time and place of said reopening. 6 7 8 9 10 11 12 2 Y 13 55 a OLws 32 14 goz(r GZ:~ 15 mG -I u:, 3a +>wo ~~86 16 gEz3 Z? y >t- 17 <a >o t- o 18 19 20 21 22 23 24 a .c N 1.20.480 Public hearing - decision. (a) The City Council shall consider all evidence properly before them in accordance with this Chapter. The Council shall then indicate their intended decision and instruct the City Attorney to return with the documents necessary to effect that decision including findings as may be appropriate to the matter. Upon return of such documents, the Council 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 City Council's decision is not final until adoption of the documents. (b) A Council Member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless he has examined all the evidence including listening to a recording of the oral testimony and can represent that he has a full understanding of the matter. of a proposal or question to the Council for consideration and action. Every Council Member has the right to present a motion. A motion is generally not to be considered as a legislative action of the Council but is 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. propositions, the Presiding Officer may divide the same. shall call for a second. No further action is required on a motion which does not receive a second. restated by the Mayor before a vote. drawn by the maker without the consent of the second. 1.20.490 Motions. (a) A motion is the formal statement (b) If the motion contains two or more divisible (c) If a motion is properly made the Presiding Officer (d) When a motion is made and seconded it shall be (e) A motion once before the Council may not be with- I/ 1.20.500 Precedence of motions. (a) When a main motion 25 is before the Council, no motion shall be entertained excent the following which shall have precedence, one over the other, in the following order: 27 28 1. Adjourn. 2. Recess. 3. Table. 4. Previous question. 15. J. n a- 0 l! 2( 2: 2; 2; 24 2t 26 27 28 5. Limit or extend debate. 6. 7. Substitute. 8. Amend. 9. Postpone. 10. Main motion, The order of preference in Subsection (a) is subject 1. Refer to committee or staff. (b) to the following restrictions: A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Council 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 Council Member while speaking. 2. 3. 4. 1.20.510 Particular motions, purpose and criteria. The ?urpose and salient criteria of the motions listed in Section L.20.500 is as follows: 1, 2. 3. 4. Motion to adjourn. Purpose. To terminate a meeting. Debatable or amendable. to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned. No, except a motion Motion to Recess. Purpose. and to set a definite time for continuing the meetir Debatable or amendable. as to time or duration of recess. To permit an interlude in the meet,ng Yes, but restricted Motion to table. Purpose. a pending main motion provided that it may be taken up again for consideration during the current meeting or at the next regular meeting. To set aside, on a temporary basis, Debatable or amendable. not amendable. It is debatable but Motion for previous question. Purpose. To prevent or stop discussion on the 16. 5. 6. 7. 8. 23 24 25 26 27 28 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. 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. Motion to refer to committee or staff. Purpose. To refer the question before the Council 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 Council. If the motion fails, discussion or vote on the question resumes. Debatable or amendable. Yes. 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 Council 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. Amend. Purpose. To modify or change a motion that is being considered by the Council 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. Debatable or amendable. It is debatable unless applied to an undebatable main motion. it is amendable. 17. 1 4 5 7 9 1c 11 >" k 1E 0 1: 2( 2: 2; 2: 21 21 2t 2' 2r 9. Motion to postpone. Purpose. 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. To prevent further discussion and Debatable or amendable. It is debatable but not amendable. 10. Main Motion. Purpose. before the Council for discussion and decision. The primary proposal or question Debatable or amendable. Yes. 1.20.520 Resolutions. In most cases, a resolution is Little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding, general plan 2mendment or the grant or denial of variances, a resolution is required. stances where it is desirable that the action be formally recorded in the office of the City Clerk as a numbered document uhich can be used for future reference. Legislative actions 3s set forth in Section 1.20.530 should be by ordinance or resolution. A resolution should be required under any circum- 1.20.530 Legislative action. All legislative action undertaken by the City Council shall be by means of an ordinance or resolution. Legislation of a permanent nature which is to remain in force until amended or repealed, which establishes rights and obligations and the failure to comply with which may result in a penalty, shall be by ordinance. 1.20.540 Resolutions - adoption. (a) Where a particular resolution has been prepared and is before the Council, 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 Presiding Officer. request of any member of the Council, the resolution shall be read by title or in full. (b) a motion to direct the City Attorney to prepare the document and return it to the Council 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 Council. Upon Where a particular resolution has not been prepared /// /// 18. 1 2 3 4 5 6 7 8 9 10 11 12 0 6 19 20 21 22 23 24 25 26 27 28 1.20.550 Ordinances - adoption. An ordinance shall be introduced by motion after a reading of the title. passed, it shall be returned for further Council action at least five days thereafter. Adoption shall be by motion after reading by title. in full, the Council shall be deemed to have unanimously voted to waive such reading. If Unless a Council Member requests reading 1.20.560 Correction of documents. Upon occasion ordinances 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; such redraft, when properly executed, shall become the original document to be effective and to be retained in the files of the City Clerk. 1.20.570 Robert's Rules of Order. If a matter arises at a Council 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 Council shall be governed by the latest revised edition of Robert's Rules of Order. 1.20.580 Council Policy Manual. The City Manager shall maintain a Council Policy Manual to contain such written policies as the Council may adopt. The purpose of Council policies are to indicate how the Council intends to rule in the future on particular matters of a recurring nature which are subject to their discretion. Policies shall be numbered and dated and shall remain in effect until rescinded. 1.20.590 Failure to observe procedures. The provisions of this chapter are adopted to expedite the transaction of the business of the Council in an orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after it adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of February ? 1979 and thereafter /// 19. 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City unci1 held on the 20th bllowing vote, to wit: day of February , 1979 by the AYES : NOES : None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler ABSENT: None rTEST : SEAL) 20.