HomeMy WebLinkAbout1979-02-06; City Council; 5738; Council Procedural OrdinanceF*OWN
CITY OF CARLSBAD
f AGENDA SILL NO. % Initial:
Dept.Hd.�
DATE: February ti, 19'A C. Atty.)
DEPARTMENT: Citv_Attornev C. Mgr. --14— .
Subject:
COUNCIL PROCEDURAL ORDINANCE
Statement of the Matter
The City Council at your adjourned meeting of January 23,
1979 directed that the City Council Procedural Ordinance
as recommended by the Council Committee be placed in final
orG=nance form and presented to the City Council. The
ordinance is attached. r
Exhibit
Ordinance No./2-13
Recommendation
If the City Council wishes to adopt the new Procedural Ordinance,
your action is to introduce Ordinance No.
Ordinance No. 1213 obviates the need for Resolution #5447. If
Council concurs, you should move that effective March 22, 1979,-
Resolution No. 5447 is rescinded.
Unless Council directs otherwise, a summary of this ordinance shall
be published in lieu of the entire ordinance.
Council acticn-
2-6-79 Ordinance No. 1213, amending the Carlsbad Municipal Code by the
amendment of Chapter 2.04 and by the addition of Chapter 1.20
to provide for City Council Procedures, was introduced for a
first reading.
2-20-79 Ordinance No. 1213 was given a second reading and adopted.
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2.8
ORDINANCE NO. 1213
Ali ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA
AMENDING THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT 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
ordain 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.,04.01.0, 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:
"Chanter 1.20
CITY COUNCIL PROCEDURE
Sections:
1.20.010 Regular meetings.
1.20.020 Special meetings.
1.20.030 Adjourned meeti
1.20.040 Study ses�;.:ons.
1.20.050 Meetings to be public --exceptions.
1.20.060 Council agenda.
1.20.070 Correspondence --availability to the public.
1.20.080 Correspondence --authority of City Manager.
1.20.090 Quorum.
1.20.100 Conduct of business.
1.20.110 Order of business.
1.20.120 Call to order --Presiding Officer.
1.20.130 Roll call.
1.20.140 Reading of minutes.
1.20.150 Minutes.
1.20.160 Distribution of minutes.
1.20.170 Recordings of meetings.
1.20.180 Consent calendar.
1.20.190 Presiding Officer.
1.20.200 Powers and duties of Presiding Officer.
1.20.210 Gaining the floor.
1.20.220 Questions to the staff.
1.20.230 Interruptions.
1 1.20.240 Points of order.
1.20.250 Points of personal privilege.
2 •1,20.260 Privilege of closing debate.
1.20.270 Calling the question.
3 1.20.280 Protest against Council action.
1.20.290 Request to address the Council on items other
4 than listed public hearings.
1.20.300 Addressing the Council --spokesman for group of
5 persons.
1.20.310 Decorum and Order --Council and City staff.
6 1.20.320 Decorum and order --audience.
1.20.330 Enforcement of decorum.
7 1.20.340 Voting procedures.
1.20.350 Disqualification for conflict of. interest.
8 1.20.360 Failure to vote.
1.20.370 Tie vote.
g 1.20.380 Changing vote.
1.20.390 Reconsideration.
10 1.20.400 PreparF.tion of ordinances.
1.20.410 Reading of ordinances ai.d resolutions.
11 1.20.420 Public hearings --when held.
1.20.430 Public hearings --procedure.
12 1.20.440 Public hearings --evidence.
a 1.20.450 Public hearings --continuation.
o 13 1.20.460 Public hearings --closing.
a 01 1.20.470 Public hearings--re-opening.
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a 14 1.20.480 Public hearing --decision.
a O W ^ 1.20. 490 Motions.
m �a` 15 1.20.500 Precedence of motions.
LL a 1.20.510 Particular motions,.purpose and criteria.
z >-80 16 1.20.520 Resolutions.
W ZNa 1.20.530 Legislative action.
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17 1.20.540 Resolutions --adoption.
a a 1.20.550 Ordinances --adoption.
18 1.20.560 Correction of documents.
1.20.570 Robert's Rules of Order.
19 1.20.580 Council Policy Manual.
1.20.590 Failure to observe procedures.
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1A.
1 1.20.010 Regular meetings. The City Council shall hold
regular meetings on the first and third Tuesdays of each month at
2 the hour of 6:00 P.M., in the Council Chambers at the City Hall,
1200 Elm Avenue, Carlsbad, or such other place to which a meeting
3 is adjourned. If by reason of fire, flood, or other emergency,
it shall be unsafe to meet in the Council Chambers, the meetings
41may be held for the duration of the emergency at such other places
as is designated by the Mayor, or, if he should fail to act, by
5 three members of the City Council. When the day for any regular
meeting falls on a legal holiday, such meeting shall be held at
6 the same hour and place on the next succeeding day not a holiday
or such.other time as designated by the City Council.
1.20.020 Special meetings. Special meetings may be called
8 at any time by the Mayor or by three members of the City Council
by delivering personally or by mail written notice to each
-9 Council Member and to each local newspaper of general circulation,
radio or television station having filed written request for such
10 notice. Such notice must be delivered personally or by mail at
least twenty-four hours before the time of such meeting as specified
11 in the notice. The call and notice shall specify the time and
place of the special meeting and the business to be transacted.
0 12 No other business shall be considered at such meetings. Such
written notice may be dispensed with as to any Council Member who
5 o 13 at or prior to the time the meeting convenes files with the City
Clerk a written waiver of notice. Such waiver may be given by
d� W4 14 telegram. Such written notice may also be dispensed with as to
z "wo any Council Member who is actually present at the meeting at the
15 time it convenes.
Z w$ri 16 1.20.030 Adjourned meetings. All meetings may be adjourned
z o'er to a time, place and date certain, but not beyond the next regular
-> 3.7 meeting. Once adjourned, the meeting•may not be reconvened.
Meetings may be adjourned by the Mayor by a simple declaration
U 1$ thereof in the absence of a protest by any Council Member. Meetings',
may also be adjourned upon the making and seconding of such a
19 motion in accordance with the procedures on motions established by
this chapter. If a quorum is not present, less than a quorum may
20 so adjourn a meeting. If all members of the Council are absent,
the City Clerk shall. declare the meeting adjourned to a stated time
21 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
22 special meetings. When any meeting is adjourned the City Clerk
shall post notice of such adjournment on the Council Chamber door
23 within twenty-four hours after the time of the adjournment.
24 1.20.040 Study sessions. The Council may from time to time
adjourn to meet in study sessions. The purpose of such sessions
25 shall be for hearing reports from the staff and reviewing,
discussing and debating matters of interest to the City. No
26 official action shall be taken'at a study session. The partici-
pation of the public in such session shall be subject to the
27 discretion of the Mayor.
28 1.20.050 Meetings to be public -- exceptions. All regular
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and special meetings of the City Council shall be open to the
publici 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 Citv 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 Manager or the City Attorney. Agenda
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.
(b) All agenda items, ordinances, resolutions and contract
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).
(c) No matters other than those listed on the agenda shall
be finally acted upon by the Council, provided, however, that
matters not on the agenda but dr:emed 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 the importance 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.
1.20.070 Correspondence -- Availability to the public.
Correspondence addressed to the City Council which is -received by
3.
I the City Clerk or any -other officer or employee of the City shall
not be a matter of public record unless it is -received and filed
2 by the'Council at a regular, special,•or adjourned meeting of the
Council. Correspondence shall not be read aloud at a Council
3 meeting unless requested by majority vote of the Council.
4 1.20.080 Correspondence -- Authority of City Manager. (a) The
City Manager is authorized to open and examine all mail or other
5 written communications addressed to the City Council, except
correspondence addressed to individual Council Members, and to give
6 it warranted attention to the end that all administrative business
referred to in said communications and not requiring Council action
7 may be acted upon between Council meetings provided, that all
communications and any action taken pursuant thereto shall be
8 reported to the City Council.
(b) The City Manager's office and the City Clerk's office
9 shall coordinate on mail received by the City Clerk's office in
order to effectively accomplish the purposes of this section.
10 (c) Correspondence concerning a matter on an agenda for
consideration by the Council, which is received prior to
11 12 o'clock noc... on the Thursday preceding the meeting, shall be
made a part of the agenda item.
12 (d) Correspondence requiring Council action shall be placed
mon an agenda as soon as practicable together with a report and
g 13 recommendation from the City Manager.-
(e) Correspondence deemed to be of an important or urgent
a 14. nature to any Council Member, the City Manager or the City Attorney
o��o ay be submitted for Council consideration at a Council. meeting.
<� 15
1.20.090 Quorum. Three members of the Council shall con-
W z n ¢ 16 stitute a quorum for the transaction of business. Motions may be
Ow cc passed by a majority of the quorum, but ordinances and resolutions
G -CJC 17 granting franchises or authorizing the payment of money require
at least three affirmative votes. Less than a quorum may adjourn
18 from time to time. Where there is no quorum, the Mayor, Vice Mayor
r any member of the Council shall adjourn such meeting, or if
19 no member of the Council is present, the City Clerk shall adjourn .
the meeting. For the purpose of considering any item subject
20 to vote of the Council, when a member of the Council is disqualified
due to a conflict of interest, his presence shall not be considered
21'in determining the presence of a quorum.- Consideration on such
item shall be deferred until a quorum of non -interested Council
22 Members are present to discuss and vote on them if a disqualifi-
cation reduces those in attendance to less than a quorum.
23
1.20.100 Conduct of. Business. The time set for each regular
24 meeting, each member of the Council, the City Manager, City Clerk,
City Attorney and such apartment heads or others as have been
25 requested to be present shall take their regular places in the
Council Chambers. The business of the Council shall be conducted
26 in substantially the order and ;z the manner herein provided.
try 1.20.110 order of Business. The business of the Council
shall be taken up for consideration and disposition in the
28 following order:
4.
1 1. Call to Order.
2. Roll Call.
2 3. Invocation.
4. Pledge of Allegia;zce.
3 5. Approval of Minutes.
6. Special Presentations.
4 7. Consent Calendar.
8. Ordinances for Adoption.
5 9. Public Hearings.
10. Departmental and City Manager Reports.
6 11. City Council Additional Business.
12. City Attorney Additional Business.
7 13. City Manager Additional Business.
14. Adjournment.
8
Business will be considered in the order shown above, unless
g modified as provided for in this chapter.
10 1.20.120 Calltd Order -- Presiding_ Officer. The Mayor,
or in his absence the Vice Mayor, shall take the chair at
11 the hour appointed f6r the meeting and shall call the Council
to order. In the absence o.c the Mayor_ and the Vice Mayor, the
n 12 City Clerk shall call the Council to order, whereupon a temporary
presiding officer shall be elected by the Council Members present.
13 Upon the arrival of the Mayor or the Vice Mayor, the temporary
presiding officer shall relinquish the chair at the conclusion
a 14 of the business then before the Council. Whenever the term
0 oW� "Mayor" is used in this chapter, and the Mayor is absent, it
m'a- 15 shall apply equally to the Vice Mayor, and if he is also absent,
}W� to the presiding officer elected pursuant to this section.
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U ��.m 1.20.130 Roll Call. Before proceeding with the business
zo
cc 17 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
18 minutes.
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19 1.20.140 Reading of Minutes. Unless the reading )f the
minutes of a Council meeting is requested by a member of the
20 Council, the minutes -may be approved without reading if the
Clerk has previously furnished each member of the Council with
21 a copy thereof.
22 1.20.150 Minutes. The minutes of the Council shall be
kept by the City Clerk and shall -be neatly typewritten in a
23 book kept for that purpose, with a record of each particular
type of business transacted set off in paragraphs, with proper
24 subheads; provided that the City Clerk shall be required to
make a record only of such business as was actually passed upon
25 by a vote of the Council and shall not be required to make a
verbatim transcript of the proceedings, and provided, further,
26 that a record shall be made of the names and addresses of persons
addressing the Council, the title of the subject matter to which
27 their remarks related and whether they.'spoke in support of or
in opposition to such matter.
28 '
5.
A Council Member may request, through the Mayor, the privilege
1 of having an abstract of his statement on any subject under consid-
eration by the Council entered in the minutes. If there is no
2 objection from any member of the Council, such statement shall be
entered in, the minutes.
3
1.20.160 Distribution of Minutes. As soon as possible after
4 each meeting, the City Clerk shall furnish a copy of the minutes
to each Council Member, the City Manager, City Attorney, and any
5 other individuals designated by the City Manager.
6 1.20.170 Recordings of Meetings. (a) The City Clerk may
tape record City Council meetings as an aid in the preparation
7
of the minutes. if tape recordings are made, they shall be
retained by the City Clerk until such time as the minutes have
8 been approved by the City Council. Upon such approval of the
written minutes by the City Council, the City Clerk may reuse or
9 erase such tape recordings unless specifically requested by
the City Council or the City Attorney to retain such tapes at• to
the time the minutes are approved.
11 (b) While the City Clerk has the tape recordings in her
possession, members of the public may hear tape recordings of
the City Council meetings during office hours when it will not
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inconvenience the ordinary operation of the Clerk's Office;
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brief or shorthand notes may be made; however, mechanical re -
a N 13 recordings may not be made from said tapes; and in this connection,
°' the City Clerk is further authorized to allow the recording
o o=z 14 machine to be used by the public for listening purposes when
Z.0 15 such machine is not necessary for use by the City Clerk in the
2o U>0 ordinary function of her office.
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}So 16 (c) If any person wishes a record of the City Council
meeting, or any portion thereof, a request therefor shall be
o o M filed with the City Clerk twenty-four (24) hours prior to the
> a a 17 meeting. If such a request is received, the City Clerk shall
make arrangements to make and preserve such a record at'the
18 expense of the person making the request.
19 If any person desires to have a matter reported by a
stenographer reporter, he may employ one directly at his expense
20 or request that the City Clerk arrange, also at the requesting
party's expense, for a reporter. Any such request shall be
21 made in writing at least two full working days before the
meeting. The City Clerk may require a deposit before making
22 arrangements for any such record.
1.20.180 Consent Calendar. Certain items for inclusion on 23
the agenda which have been reviewed by the City Manager, delivered
to the City Council and made available to the public prior to the
24
Council meeting, shall be grouped together for action and listed
under the Consent Calendar, when such matters are considered
25 to be non -controversial and in the nature of housekeeping items
by the City Manager, requiring only routine action by the Council.
26 Actions recommended by the City Manager shall be in summary form
and be a part of that item. Adoption of the Consent Calendar
27 may be made by one motion approved by the Council; provided,
however, that the Mayor should first advise the audience that
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the Consent Calendar matters will be adopted in total by one
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Z action of the Council unless any Council Member or any individual
or organization who has so requested wishes to be heard on one
2 or more consent items. In that event, the Mayor may defer action
on the particular matter or matters and place them on the regular
3 agenda for consideration in any brder deemed appropriate. A
request from the public to discuss an item must be filed with the
4 City Clerk in writing prior to Council consideration of the
5 Consent Calendar.
The written agenda available to the public and to the
City Council shall provide the following notice of explanation
6 to the public concerning the Consent Calendar:
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"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 forw.3rd
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
residing 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
hinder debate, avoiding reference to character and indecorous
language.
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1.20.220 Questions to the staff. Every Council Member
desiring to question the City Staff shall, after recognition
by the Presiding Officer', address his questions to the City
Manager, or the City Attorney, who shall be entitled either
to answer the inquiry himself or to designate a member of his
staff for that purpose.
1.20.230 Interruptions. A Council Member once recognized
shall not be interrupted when speaking unless called to order by
the Presiding Officer, or unless a point of order or personal
privilege is .raised by another Council Member, or unless the
speaker chooses to yield to a question by another Council Member.
If a Council Member while speaking is called to order he shall
cease speaking until the question of order is determined and
if determined to be in order, he may proceed. I-lembers of the
City staff, after recognition by the Presiding Officer, shall
hold the floor until completion of their remarks or until
recognition is withdrawn by the Presiding Officer.
1.20.240 Points of order. The Presiding Officer shall
determine all points of order subject to the right of any Counc4.1
Member to request full Council ruling and the question shall be,
"Shall the decision of the Presiding Officer be sustained?" A
majority vote shall conclusively determine such question of
order.
1.20.250 Point of personal privilege. The right of a
Council Member to address the Council on a question of personal
privilege shall be limited to cases in which his integrity,
character or motives are questioned or where the welfare of the
Council is concerned. A Council Member raising a point of
persona privilege may interrupt another Council Member who
has the floor only if the Presiding_Officer recognizes the
privilege.
1.20.260 Privilege of closing debate. Subject to the
provisions of Section 1.20.270, the Council Member moving
the adoption of an ordinance, resolution or motion shall have
the prig-lege of closing debate, subject to a Council majority
ruling that debate should continue.
1.20.270 Calling the question. A member of the Council who
wishes to terminate discussiooa motion may call for the
question. If the call is seconded, the Presiding Officer shall
ask for a vote. If the call carries, the Council shall then
vote on the motion without further discussion.
1.20.280 Protest against Council action. Any Council ,
Member 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
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..."
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1 1.20.290• Request to address the Council on items other than
2 listed public hearing. (a) It is the policy of the Council
to permit limited presentations by members of the public on
3 non-public hearing agenda items. The Presiding Officer may in
the absence of objection by a majority of the Council Members
4 present, decline to permit such presentations on any particular
non-public hearing item.
5 (b) Any person or group of persons desiring to address the
Council on a non -hearing matter must file a written request for
5 permission to address the Council which must be filed with the
City Clerk in advance of the Council°s consideration of that
7 item.
(c) Each person desiring to address the Council shall
8 approach the podium, state his name and address for the .record,
state the subject he wishes to discuss, state whom he is
9 representing if he represents an organization or other persons,
and unless further time is granted by majority vote of the
10 Council, shall limit his remarks to five minutes. All remarks
shall be addressed to the Council as a whole and not to any
11 member thereof. No questions shall be asked of a Council Member
or a member of the City staff without obtaining permission of
12 the Presiding Officer. The Presiding Officer shall not permit
any communication, oral or written, to be made or read where it
J o 13 does not bear directly on the agenda item then under discussion.
C.N (d) After a motion has been made no member of the public
W� 14 shall address the Council from the audience on the matter under
zowZ consideration without first securing permission to do so by a
o < ° 15 majority vote_ of the City Council.
LL-'2a (e) No person shall address the Council without first
z WSd 16 securing the permission of the Presiding Officer.
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17 1.20.300 Addressing the Council - spokesman for group of
a o persons. (a) In order to expedite matters and to avoid
18 repetitious presentations, whenever any group of persons wishes
to address the Council on the same subject matter, it shall be
19 'proper for the Presiding Officer to require that a spokesman
be chosen from the group to address the Council. If additional
20 matters aYe to be presented by any other members of the group,
the Presiding Officer may limit the number of such persons
21 and limit the presentation to information not already presented
by the group spokesman..
22 (b) For items other than those listed on the agenda for
public hearing, groups of persons shall be limited to a total
23 presentation period of ten minutes. The Presiding Officer
shall first call for representatives of groups in favor of the
24 matter under consideration and then for those persons in
opposition to the matter under consideration, and thereafter
25 shall allow a rebuttal time limited to five minutes to the
proponents who shall confine rebuttal remarks to answering
25 comments made in opposition and not the introduction of new
testimony. Further time may be granted by majority vote of
27 the Council.
28 1.20.310 Decorum and order --Council and City staff. While
I the Council is in session, the Council Members and City staff
shall observe good order and decorum. A member shall neither
2 by conversation or otherwise delay or interrupt the proceedings
or the peace of the Council nor disturb any member while speaking
3 or refuse to obey the directive$ of the Presiding Officer.
4 1.20.320 Decorum and order --audience. Members of the
public attending Council meetings shall observe the same rules
5 of order and decorum applicable to the City Council and staff.
Any person making impertinent and slanderous remarks or who
g becomes boisterous while addressing the Council or while
attenting the Council meeting shall be removed from the room
7 if the Sergeant -at -Arms is so directed by the Presiding Officer,
and such person may be barred from further audience before the
8 Council. Unauthorized remarks from the audience, stamping
of feet, whistles, yells, and similar demonstrations shall not
g be permitted by the Presiding Officer, and if such conduct
continues, he shall direct the Sergeant -at -Arms to remove
10 such offenders from the room.
11 1.20.330 Enforcement of Decorum. (a) The Chief of Police
or such member of the Police Department as he may designate shall
12 be Sergeant -at -Arms of the City Council and he shall attend
m meetings at the request of the Presiding Officer, City Manager,
0 13 or City Council. He shall be available to respond to all
a CC,; meetings immediately upon call. He shall. carry out all orders
OLL�Z
14 given by the Presiding Officer or City Council for the purpose;
z Iwo of maintaining order and decorum at the Council meetings. Any
� - 15 Council Member may move to require the Presiding Officer tc
" W< enforce the rules and the affirmative vote of a majority of
WLu 16 the Council Members present shall require him to do so.
u cm (b) Any member of the Council or other person using vulgar,
a17 profane, loud or boisterous language at any meeting or otherwise
} a interrupting the proceedings of the Council, or who refuses to
18 carry out orders and instructions given by the Presiding Officer
for the purpose of maintaining order and decorum at the Council
19 meeting, or who interrupts proceedings, shall upon conviction
be deemed guilty of a misdemeanor.
20 (c) Upon instructions of the Presiding Officer, it shall
be the duty of the Sergeant -at -Arms, or any of them present,
21 to place any person who violates the order and decorum of the
meeting under arrest.
22
1.20.340 Voting Procedures. Voting shall be conducted
23 by the use of the voting light system installed in the Council
Chambers. A red light designates a "No or Negative" vote, a
24 green light designates a "Yes or Affirmative" vote, and an
amber tight designates a vote to "Abstain."
25 The Council may at any time, or from time to time,
dispense with the use of the voting light system -by voice
26 vote of the majority. In such an event, voting shall be con-
ducted by voice vote until such time as a determination is
27 made to again use the voting light system, or some other system.
28
10.
When the Council. is voting by voice vote, a negative
vote shall be registered.by the oral statement of "NO" by the
2 Council Member voting. Affirmative vote shall be registered
by the oral statement of "YES" or "AYE" by the Council Member
$ voting.
4 1.20.350 Disqualification for Conflict of Interest. If a
Council Member has reason to thank a conflict of interest may
5 exist, he shall give the facts of the matter to the City
Attorney and request advice thereon prior to the meeting.
6 Any Council Member who is disqualified from voting
on a particular matter by reason of a conflict of interest
7 shall publicly state or have the Presiding Officer state the
nature of such disqualification in.the open Council meeting.
8 A Council Member who is disqualified by reason of a conflict
of interest in any matter may remain in his seat during the
9 debate and not vote or otherwise participate on such matter,
or may request and be given the permission of the Presiding
10 Officer to step down -from the Council table and leave the
Counci_ Chamber. A Council Member stating such disqualification
11 shall not be counted -as a part of a quorum and shall be
considered absent for the purpose of determining the outcome
0 12 of any vote on such matter.
m
13 1.20.360 Failure to Vote. Every Council Member should vote
unless disqualified by reason of conflict of interest. A
dLL Z5 14 Council Member who abstains from voting acknowledges that a
z 12 �wir majority of the quorum may decide the question voted upon.
0 m 'O
<L 15
-
LL Uwe 1.20.310 Tie vote. Tie votes or a vote lacking the
z Wgo 16 required number of affirmative votes shall constitute "no action"
z Q�N and the matter voted upon remains before the Council and is
k 17lsubject to further Council consideration. If the City Council
} !is unable to take action on a matter befora it because of a tie
].Blvote or the lack of the required number of votes, the City Clerk
shall place the item on the next regular neeting of the City
19ICouncil for further consideration.
1
20 1.20.380 Changing vote. A Council Member may change
his vote only if. a timely request to do so is made immediately
21 following -the announcement of the vote by the Presiding Officer
and prior to the time the next item in the order of business
22 is taken up. A Council Member who publicly announces that he
is abstaining from voting on a particular matter'shall not
23 subsequently be allowed to withdraw his abstention.
24 1.20.390 Reconsideration. (a) A motion to -econsider
any action taken by the Council may be made only a the meeting
25 such action was taken. It may be made either immediately during
the same session, or at a recessed or adjourned session thereof.
26 Such motion may be•made only by one of the Council Members who
voted with the prevailing side. Nothing herein shall be
27 construed to prevent any Council Mpmbe,• from making or remaking
the same or any other motion at a subseq not meeting of the
28 Council.
11.
1 (b) A motion to rescind, repeal, cancel or otherwise
nullify prior Council action shall be in order at any subsequent
2 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.
4
1.20.400 Preparation of ordinances. All ordinances
5 shall be prepared by the City Attorney. No ordinance shall
be prepared for presentation to the Council unless requested
6 by a Council Member, the Mayor, City Manager, or prepared by
the City Attorney on his own initiative.
7i
1.20.410 Reading of ordinances and resolutions. At
8 the time of introduction or adoption of an ordinance or
adoption of a resolution, the same shall. not be read in full
9 unless after the reading of the title, further reading is
requested by a member of the Council. If any Council Member
10 so requests, the ordinance or resolution shall be read in
full. In the absence of such a request, this section shall
11 constitute a waiver by the Council of such reading.
0 12 1.20.420 Public hearings - when held. (a) Wherever
a by law the City Council is required to hold a public hearing
g 13 on any matter before it, such hearing will be held in accord-
ance with the rules and procedures set forth in this chapter.
0 oZz 14 Nothing herein shall prohibit or limit the City Council from
o ;o holding a public hearing on any matter before it, whether required
m agi 15 by law or not, and nothing herein shall prohibit or limit any
LL'Wu member of the public from addressing the Council in accordance
W -8 16 with the procedures provided for in this chapter, irrespective
z o U) of whether or not a pu,.)lic hearing is being held.
> cc 17 (b) All public hearings shall be scheduled to begin
at a time certain which shall be the hour the Council convenes.
3.8 The Council shall hold such hearings in order, in accordance
with the schedule on the agenda at that time or as soon there-
19 after as practicable.
20 1.20.430 Public hearings - procedure. (a) The Presiding
officer shall announce that it is the time and place for a
21 public hearing scheduled on the agenda.
(b) Prior to all City Council public hearings copies
22 of the Council's agenda with attachments, including the staff
report, if any, shall be available at the office of the City
23 Clerk at least twenty-four hours prior to commencement of the
hearing; provided however, the Council may allow in its
24 discretion the filing of supplemental reports which shall be
made public at the commencement of the hearing.
25 (c) The order of the hearing shall be as follows unless
otherwise required by law:
26 1. Presentation of staff and/or Planning
Commission report.
27 2. Questions from the Council.
3. Presentation by the applicant, if any.
28 4. Testimony of people in favor.
12.
1 5. Testimony of people in opposition.
6. Rebuttal of applicant.
2 (d) The provisions of Section 1.20.290 and Section 1.20.300
for addressing the Council shall apply to persons testifying
3 at public hearings except that:.
1. A written request to speak shall not be
4 required.
2. The time limit for groups shall be twenty
5 minutes.
3. The applicant shall have twenty minutes.
6 (e) The Presiding Officer may, dependent_ upon the necessity
for insuring adequate presentation of testimony and evidence to
7 prcvide a fair hearing, set longer time limits than otherwise
allowed by this chapter. The decision of the Presiding Officer
8 may be appealed to the Council.
9 1.20.440 Public hearings - evidence (a) During the
public hearing the Council shall receive oral or written evidence
10 relevant to the matter being considered which shall become part
of the record. The Presiding Officer or any Aember of the
11 Council. through the Presiding Officer may require the City
Clerk to swear any person giving evidence at the time of the
0 12 hearing on the matter under consideration, if in the opinion
m of the Presiding Officer or any member of the Council, the oath
to g 13 is necessary. Evidence received at public hearings provided
for in this ordinance shall be relevant and material to the
d LLWa 14 issues before the Council; provided, however, that -he rules
z �Wo of evidence as established by the Evidence Code for the State
u<<<. 15 of California shall be substantially.relaxed in order to
LL,WU afford a full presentation of the facts essential for judicious
W ZsQ 16 consideration by the Council of the matter which is the subject
Um -m of the public hearing. Failure on the part of the City Council
Z O J
>k C 17 to strictly enforce rules of evidence or to reject matters
} which may be irrelevant or immaterial shall not affect the
18 validity of the hearing. Any procedural errors which do not
affect the substantial rights of the parties shall be disregarded.
19 The Council may order the City Clerk to issue and the Chief of
Police or his representative to serve subpoenas for any
20 witnesses or records necessary for the production of evidence
at any duly scheduled public hearing as provided for herein.
21 Any person, other than a member of the Council, who wishes
to direct question(s) -to an opposing witness shall submit
22 such question(s) to the Presiding Officer, who will ask the
question(s) to. the witnesz. The Presiding Officer may at his
23 discretion restrict the number and nature of any questions
asked pursuant to this section.
24 (b) If there is a staff report it shall be considered
as evidence and shall become part of the record of a public
25 hearing. Such report need not be read in full as part of the
staff presentation. A synopsis of such report may be presented
26 orally by staff members to the Council. In addition, any of
the following may be presented to the City Council and, if
27 presented, shall also become part of the record:
1. Exhibits and documents used by the City Staff_
28 and any persons participating in the hearing.
2. Maps and displays presented for use at the
hearing provided that, whenever practicable,
13.
I they shall be displayed in full view of the
participants and the audience.
2 3. All communications and petitions concerning
the subject matter of the hearing provided
3 that a reading of such matters only shall be
had at the request of a Council Member.
4 4. Information obtained outside the Council
Chambers, such as a view of the site, pro-
5 vided such. information, to the extent it is
relied upon, shall be disclosed for the
6 record.
(c) All exhibits, reports, maps and other physical
7 evidence placed before the Council shall be retained by the
City Clerk as public records. Such exhibits may be .released
8 by the Clerk with the approval of the City Attorney.
9 1.20.450 Public hearings - continuation. At any time
that il, appears to the,Presiding Officer or a majority of
10 the Council through the Presiding Officer, that inadequate
evidence has been presented to afford judicious consideration
11 of any matter before the Council at the time of a public
hearing, or for other just cause, a continuation of said
0 12 hearing may be ordered to afford the applicant, his oponents,
Qa, or the City Staffadequate time to assemble additional evidence
1.3 for the Council's consideration. Any continuation ordered
m by the Council through its Presiding Officer shall be to a
dU.;4 14 date certain, which said date shall be publicly announced in
z }W� the Council Chamber and shall constitute notice to the public
m UQo 15 of the time and place that further evidence will be taken.
LL W� A public hearing may be continued in the event the matter is
z -8d 16 to be returned to the Planning Commission for further consid-
CC_m eration. In this event, the Presiding Officer shall publicly
Z o 'J
5 < 17 state in open Council meeting the fact that the matter has
been returned to the Planning Commission for consideration
18 and that the Council hearing will be continued on a date
certain. The public announcements provided for herein shall
19 constitute notice to the applicant and his opponents of
time and place when further evidence will be taken by the
20 Council. The Council shall also have the option to set the
matter to a hearing de novo.
21
1.20,460 Public hearings - closing. When neither the
22 applicant, his opponents, or the City Staff have further
evidence to produce or when in the opinion of the Presiding
23 Officer or the majority of the Council through the Presiding
Officer sufficient evidence has been presented, the Presiding
24 Officer shall order the public hearing closed, at which time
no further evidence either oral or written will be accepted .
25 by the Council; provided, however, that this rule may be
relaxed by the Presiding Officer or the majority of the
26 Council through the Presiding'Officer where it appears that
good cause exists to hear further evidence concerning the
27 matter which is the subject of the public hearing.
281 1.20.470 Public hearings - reopening. A public hearing
14.
I on any matter.once closed cannon be reopened on the date set
for hearing unless the Presiding Officer determines that all
2 persons who were present when the hearing closed are still
present. Nothing herein, however, is intended to prevent or
3 prohibit the reopening of a public hearing at any subsequent
regular or special meeting of the Council. No public hea-:ing
4 may be reopened without due and proper notice being given to
the applicant and his opponents designating the time and
5 place of said reopening.
6 1.20.480 Public hearing - decision. (a) The City Council
shall consider all evidence properly before them in accordance
7 with this Chapter. The Council shall then indicate their
intended decision and instruct the City Attorney to return
8 with the documents necessary to effect that decision including
findings as may be appropriate to the matter. Upon return of
9 such documents, the Council shall determine if the findings
are supported by the evidence before them at the hearing and
10 if the decision is supported by the findings and after making
any changes render their decision by taking action on the
11 documents. The City Council's decision is not final until
adoption of the documents.
0 12 (b) A Council Member w)io was absent from all or a part
m of a public hearing shall not participate in a decision on
13 the matter unless he has examined all the evidence including
C listening to a recording of the oral testimony and can
oo o-z 14 represent that he has a full understanding of the matter.
mQo 15 1.20.490' Motions. (a) A motion is the formal statement
LL Wo of a proposal or question to the Council for consideration
Z18d 16 and action. Every Council. Member has the right to present
z o�y a motion. A motion is generally not to be considered as d
W 2<
-> G 17 legislative action of the Council but is in the nature of
} a direction or instruction; however, a motion will generally
18 suffice unless a resolution is specifically called for by
law or unless there is some reason for desiring the particular
19 action formalized by separate instrument—
(b) If the motion contains two or more divisible
20 propositions, the Presiding Officer may divide the same.
(c) If a motion is properly made the Presiding Officer
21 shall call for a second. No further action iF, required on
a motion which does not receive a second.
22 (d) When a motion is made and seconded it shall be
restated by the Mayor before a vote:
23 (e) A motion once before the Council may not be with-
drawn by the maker without the consent of the second.
24
1.20.500 Precedence of motions. (a) When a main motion
25 is before the Council, no motion shall be entertained except
the fo1'-)wing which shall have precedence, one over the other,
26 in the following order:
1. Adjourn.
27 2. Recess.
3. Table.
28 4. Previous question.
15.
L
5.
Limit or extend debate.
6.
Refer to committee or staff.
2
7.
Substitute.
8,
Amend.
9.
Postpone. `
10.
Main motion.
4
(b) The
order of preference in Subsection (a) is subject
to the following
restrictions:
5
1.
A motion shall not be in order which repeats
a motion made previously at the same meeting
6
unless there has been some intervening
Council action or discussion.
7
2.
A motion shall nct be in order when the
previous question has been ordered.
8
3.
A motion shall not be in order while a vote
is being taken.
9
4.
A motion shall not be in order when made as
an interruption of a Council Member while
10
speaking.
11
1.20.510
Particular motions, purpose and criteria. The
purpose and salient criteria of the motions listed in Section
12
1.20.500 is as
follows:
o
a
m CO
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1.
Motion to adjourn.
dLL -5
14
Purpose. To terminate a meeting.
00z
-
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15
Debatable or amendable_. No, except a motion
LL•Wc¢,
to adjourn to another time is debatable
zw8
16
and amendable as to the time to which. the
zo��
meeting is to be adjourned.
-> a
17
2.
Motion to Recess.
Purpose. To permit an interlude in the meeting-
l9
and to set a definite time for continuing the meet.
20
Debatable or amendable. Yes, but restricted
as to time or duration of recess.
I?
21
3.
Motion to table.
`s
22
Purpose. To set aside, on a temporary basis,
23
a vending main motion provided that it may
be taken up again for consideration during
24
the current meeting or at the next regular
meeting.
25
Debatable or amendable.. It is debatable but
?6
not amendable.
27
4.
Motion for previous question.
28
Purpose. To prevent or stop discussion on the
16.
i
1
2
3
4
5
6
7
8
9
10
11
12
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19
20
21
22
23
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24
25
26
27
28
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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
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.
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 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.*
8. Amend.
Purpose. To modify or change a motion that
is h nie g 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.
7
9
10
11
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12
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
23
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. Main Motion.
Purpose. The primary proposal or question
before the Council for discussion and decision.
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
amendment or the grant or denial of variances, a resolution is
required. A resolution should be required under any circum-
stances where it is desirable that the action be formally
recorded in the office of the City Clerk as a numbered document
which can be used for future reference. Legislative'actions
as set forth in Section 1.20.530 should be by ordinance or
resolution.
1.20.530 Legislative ac-tiui�. All legislative action
undertaken by the City Coun,:il 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 i'i:.Ll
provided it is identified by the Presiding Officer. Upc
request of any member of the Council, the resolution shail
be read by title or in full.
(b) Where a particular resolution has not been prepared
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 mot *4.on form together with instructions for written
preparation. Upon execution of such a resolution, it shall
become an official action of the Council.
18.
1 1.20.550 Ordinances - adoption. An ordinance shall be
2 introduced by motion after a reading,of the title. If
passed, it shall be returned for further Council action at
3 least five days thereafter. Adoption shall be by motion after
reading by title. Unless a Council Member requests reading
in full, the Council shall be deemed to have unanimously voted
to waive such reading.
5` 1.20.560 Correction of documents. Upon occasion
6 ordinances or other documents are submitted in draft form or
on the spot amendments occur or typographical or other technical
7 errors are found which necessitate retyping of the document;
such redraft, when properly executed, shall become the original
8 document to be effective and to be retained in the files of
the City Clerk.
9 1.20.570 Robert's Rules of Order. If a matter arises
10 at a Council meeting which is not covered by this chapter or
applicable provisions of Federal or State law or the Carlsbad
11 Municipal Code the procedures of the Council shall be governed
by the latest revised edition of Robert's Rules of Order.
12 1.20.580 Council Policy Manual. The City Manager shall
co 13 maintain a Council Policy Manual to contain such written
policies as the Council may adopt. The purpose of Council
1. �� policies are to indicate how the Council intends to rule in
Q oZz the future on particular matters of a recurring nature which
o �5<0 15 are subject to their discretion. Policies shall be numbered
and dated and shall remain_ in effect until rescinded.
W Zgm 16 1.20.590 Failure to observe procedures. The provisions
z o .i of this chapter are adopted to expedite the transaction of
0 17 the business of the Council in an orderly fashion and are
18 deemed to be procedural only. The failure to strictly observe
such rules shall not affect the jurisdiction of the Council
19 or invalidate any action taken at a meeting that is otherwise
held in conformity with law."
20 EFFECTIVE DATE: This ordinance shall be effective thirty
21 days after its adoption, and the City Clerk shall certify to
22 the adoption of this ordinance and cause it to be p published at
23 least once in the Carlsbad Journal within fifteen days after
24 it adoption.
25 INTRODUCED AND FIRST READ at a regular meeting of the
26I) Carlsbad City Council held on the 6th day of FebruarL ,
27II 1979 and thereafter
19.
I PASSED AND ADOPTED at a regular meeting of said City
2 Council held on the 20th day of February 1979 by the
3 following vote, to wit:
4 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
5 Councilwoman Casler
NOES: None
6 ABSENT: None
RONALD C. PACKARD, Mayor
9
10 ATTEST:
11
a 12 (9h
ALETHA L. RAUTKRANZCity Cd4erk
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20
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22
23
24
25
26
27
28I20.
SUMMARY OF
ORDINANCE NO. 1213
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA
AMENDING THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF CHAPTER 2.04 AND
BY THE ADDITION OF CHAPTER 1.20 TO
PROVIDE FOR CITY COUNCIL PROCEDURES.
The existing Municipal Code fixes the date for regular Council meetings and
provides authority for the adoption by resolution of procedural rules for such
meetings. The Council has adopted rules which incorporate Robert's Rules of
Order. This Ordinance replaces the existing provisions of the Code and the
rules with a new chapter containing comprehensive provisions for every aspect
of City Council procedures. Ordinance No. 1213 has detailed provisions
for the following:
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.
Call to order--Presidinq Officer.
Roll call.
Reading of minutes.
Minutes.
Distribution of minutes.
Recordings of meetings.
Consent calendar.
Presiding Officer.
Powers and duties G( Presidinq Officer.
Gaining the floor.
Questions to the staff.
Interruptions.
Points of order.
Points of personal privileqe.
Privilege of closing debate.
Calling the question.
Protest against Council action.
Request to address the Council on items other
than listed public hearings --time limits.
Addressing the Council --spokesman for group of
persons --time limits.
page 2'
Decurum 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 (includir,� time limits).
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.
Because of its length, this summary is being published instead of the full
text of this Ordinance, pursuant to Section 36933(c) of the California Govern-
ment Code. A certified copy of the full text of Ordinance No. 1213 is
posted in the office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad.
Copies of the Ordinance are available from the Clerk. The Ordinance was
adopted at the City Council meeting of February 20, 1979, by the following vote:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler
NOES: None