HomeMy WebLinkAbout2017-05-23; City Council; ; Carlsbad Municipal Code Review and Updatee CITY COUNCIL
Staff Report
Meeting Date: May 23, 2017
To:
From:
Staff Contact:
Subject:
Mayor and City Council
Kevin Crawford, City Manager
Celia Brewer, City Attorney
Celia.brewer@carlsbadca.gov
Carlsbad Municipal Code Review and Update
Recommended Action
CA Review fil
Adopt a resolution approving the proposed scope and schedule for the comprehensive Carlsbad
Municipal Code update and appropriating funds. Provide direction to staff relating to desired
method of Council input for revisions to Title 1 (General Provisions) and Title 2 (Administration
and Personnel).
Executive Summary
At the Council meetings held Tuesday, March 21, 2017 and Tuesday, May 9, 2017 the City Council
concurred in directing staff to begin review and updates to the Carlsbad Municipal Code (Code)
with an initial focus on Titles 1 and 2. The City Attorney's office currently has a contract with
Attorney Daniel S. Hentschke and is recommending that his services, along with staff review, be
utilized to undertake the Code update efforts.
Discussion
Much of the city's current municipal code was initially adopted in the 1970's and has been added
to and revised intermittently ever since. The Code requires revisions and amendments. Staff
recommends a comprehensive update to improve clarity and consistency, as well as, updating all
provisions to reflect current legal and professional best practices. In addition, staff will
emphasize the use of plain language in order to make the code more accessible and user friendly,
especially for online users. An update of Title 21 (Zoning) is currently underway by the City's
Planning division and will not be part of this effort. In order to systematically review the entire
Code, staff is recommending that the City Attorney's office, City Clerk's office and designees from
each department work together with Attorney Daniel S. Hentschke to review and recommend
changes to the Code for Council consideration.
Based on previous Council input, staff has determined that the first area of focus should be Titles
1 and 2. However, before staff can proceed, input from the Council is desired. Titles 1 and 2
relate to elections, campaign disclosures, City Council procedures, administration and personnel.
These are areas that are strongly influenced by the Council and staff wishes to receive direction
on how to proceed. The following three options are being proposed for Council consideration:
1. Council form a sub-committee (two council members) to work with staff to review and
recommend changes to the Code.
2. Council hold Workshops facilitated by Attorney Hentschke to reach a consensus on
desired changes prior to ordinances being introduced.
3. Staff works solely with Attorney Hentschke to evaluate and recommend changes for
Council consideration.
Page 445
Staff has discussed the scope of work in depth with Attorney Hentschke, and he has estimated
that it will take approximately 18 months to complete the entire Code update. The first four
months would be spent on Titles 1 and 2. The following 14 months will be spent reviewing and
preparing proposed code revisions to the remainder of the Code with the exception of Title 21.
The estimated costs associated with legal review, publication and codification of the entire code
is $80,000. Title 21, the Zone Code, will not be included within this Code update project as the
Planning Department is undertaking a comprehensive update to the Zone Code separately.
Fiscal Analysis
City Council will need to authorize the Administrative Services Director to transfer and
appropriate $80,000 from Council Contingency to the City Attorney's budget for use in updating
the city's municipal code.
Next Steps
Provide direction to staff on how Council wishes to proceed with updating Titles 1 and 2 of the
Carlsbad Municipal Code.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was posted and distributed
at least 72 hours prior to the meeting date.
Exhibits
1. Resolution approving the proposed scope and schedule for the comprehensive Carlsbad
Municipal Code update and appropriating funds.
2. Titles 1 and 2 of the Carlsbad Municipal Code.
Page 446
Chapters:
1.01
1.08
1.10
1.12
1.13
1.14
1.16
1.20
1.24
Title 1
GENERAL PROVISIONS
Code Adoption
Penalty
Administrative Code Enforcement Remedies
Elections
Election Campaign Disclosure
Disqualification for Conflict of Interest
Time limits for Judicial Review
City Council Procedure
Expenditure limitation
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Page 449
Sections:
1.01.010
1.01.020
1.01.030
1.01.040
1.01.050
1.01.060
1.01.070
1.01.080
1.01.090
1.01.100
1.01.110
1.01.120
1.01.130
Chapter 1.01
CODE ADOPTION
Recodification and adoption.
Title-Citation-Reference.
Reference applies to amendments.
Codification authority.
Definitions and construction.
Title, chapter and section headings.
Reference to ordinances.
Effect of code on past actions and obligations.
Effective date.
Severability.
Limitation on liability.
Continuation of existing law.
Effect of recodification.
1.01.010 Recodification and adoption.
Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10, there is
hereby recodified and adopted the "Carlsbad Municipal Code" as revised, reformatted, indexed, codified,
compiled, updated and republished by Quality Code Publishing, together with those secondary codes
adopted by reference as authorized by the California State Legislature, save and except those portions of
the secondary codes as are deleted, modified or amended by the provisions of the Carlsbad Municipal
Code. (Ord. CS-289 § 1, 2016; Ord. 1133 § 1, 1971)
1.01.020 Title-Citation-Reference.
This code shall be known as the "Carlsbad Municipal Code," in any prosecution for the violation of any pro-
vision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance
adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment
to, correction of or repeal of the "Carlsbad Municipal Code." Further reference may be had to the titles, chap-
ters, sections and subsections of the "Carlsbad Municipal Code" and such reference shall apply to that num-
bered title, chapter, section or subsection as it appears in that code. (Ord. 1133 § 2, 1971)
1.01.030 Reference applies to amendments.
Whenever a reference is made to this code as the "Carlsbad Municipal Code" or to any portion thereof, or to
any ordinances of the City of Carlsbad, California, that reference shall apply to all amendments, corrections
and additions heretofore, now, or hereafter made. (Ord. 1133 § 3, 1971)
1.01.040 Codification authority.
The Carlsbad Municipal Code consists of all the regulatory, penal, and administrative ordinances of the City
of Carlsbad, California, of a general and permanent character, as originally codified pursuant to Government
Code Sections 50022.1 through 50022.8, and herein recodified and recompiled pursuant to Government
Code Section 50022.10. (Ord. CS-289 § 2, 2016; Ord. 1133 § 4, 1971)
1.01.050 Definitions and construction.
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the
City of Carlsbad shall have the meaning and construction given in this section:
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Page 450
"Code" means the "Carlsbad Municipal Code."
"City" means the City of Carlsbad.
"City council" means the city council of the City of Carlsbad.
"County" means the County of San Diego.
"Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organ-
ization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or
employee of any of them.
"State" means the State of California.
"Oath" includes affirmation.
Gender. The masculine gender includes the feminine and neuter.
Number. The singular number includes the plural, and the plural includes the singular.
Tenses. The present tense includes the past and future tenses, and the future tense includes the present
tense.
Shall, may. "Shall" is mandatory, "may" is permissive.
Title of office. The use of the title of any officer, employee, department, board or commission means that
officer, employee, department, board or commission of the City of Carlsbad.
"Owner" when pertaining to a building or land shall include any part owner, joint owner, tenant in common, or
joint tenant of the whole or part of such building or land.
"Street" includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places,
squares, curbs, sidewalks, parkways, or other public ways in Carlsbad which have been or may hereaf-
ter be dedicated and open to public use, or such other public property so designated in any law of this
state.
"Tenant" or "occupant" when pertaining to a building or land shall include any person who occupies the
whole or part of such building or land, whether alone or with others.
"Goods" includes wares and merchandise.
"Operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
"Across" includes along, in or upon.
"Sale" includes any sale, exchange, barter or offer for sale.
"Ex officio" means by virtue of office. (Ord. 1133 § 5, 1971)
1.01.060 Title, chapter and section headings.
Title, chapter, and section headings contained in this code shall not be deemed to govern, limit, modify or in
any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code.
(Ord. 1133 § 6, 1971)
1.01.070 Reference to ordinances.
Any reference in matters of record to any ordinance designated by number or otherwise, existing prior to the
adoption of this code, shall be construed to apply to the corresponding provisions in this code. Pursuant to
Government Code Section 50022.8, copies of this code that have been duly certified by the city clerk shall
be received without further proof as prima facie evidence of the provisions of such code in all courts and
administrative tribunals of this state. Carlsbad Municipal Code sections cited on signage within the city shall,
until updated if and as required, be deemed to be citations to the counterpart sections in the recodified
Carlsbad Municipal Code for purposes of notice and enforcement. (Ord. CS-289 § 5, 2016; Ord. 1133 § 7,
1971)
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Page 451
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or any part of any
ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date of this code, nor be construed as a waiver of any license, fee, or
penalty at the effective date due and unpaid under such ordinances, nor be construed as affecting any of the
provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal pro-
visions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect. (Ord. 1133 § 8, 1971)
1.01.090 Effective date.
The Carlsbad Municipal Code shall become effective on the date that the ordinance codified in this chapter
becomes effective. (Ord. 1133 § 9, 1971)
1.01.100 Severability.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses
and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this
code is declared unconstitutional or without effect by any final judgment or decree of a court of competent
jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, par-
agraphs and sections of this code. (Ord. CS-289 § 6, 2016; Ord. 1133 § 10, 1971)
1.01.110 Limitation on liability.
Except when otherwise specifically indicated the obligations imposed upon city officers or employees for
implementation and enforcement of this code are directory in nature. Nothing in this code shall be construed
as limiting or eliminating any defense or immunity from liability for the city or its officers or employees estab-
lished by the provisions of Title 1, Division 3.6 of the California Government Code or by any other provision
of law. Except when otherwise specifically indicated, the manner and timing of enforcement and implemen-
tation of this code shall be within the discretion of the city manager or other designated city officers or em-
ployees. Except when otherwise specifically indicated this code shall not be construed to hold the city or any
officer or employee of the city responsible for any damage to persons or property by reason of a failure to
enforce, implement or execute any of the provisions of this code. Nothing in this code shall be construed to
hold the city or any officer or employee of the city responsible for any damage resulting to persons or prop-
erty by reason of any interpretation of this code by any city officer or employee. (Ord. 1277 § 1, 1985)
1.01.120 Continuation of existing law.
Nothing contained herein is intended to enact any new taxes or to affect any penalty clauses contained in
the existing ordinances recodified by this action. The recodification of the Carlsbad Municipal Code is in-
tended by the city council to be a continuation, without change, of existing ordinances. (Ord. CS-289 § 3,
2016)
1.01.130 Effect of recodification.
The recodification and adoption of the Carlsbad Municipal Code as specified in this chapter shall not affect
the following matters:
A. Actions and proceedings that began before the effective date of the ordinance codified in this chapter.
B. Civil, criminal and administrative proceedings concerning ordinance violations committed before the
effective date of the ordinance codified in this chapter.
C. The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of
the effective date of the ordinance codified in this chapter.
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D. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolu-
tion or regulation. (Ord. CS-289 § 4, 2016)
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Page 453
Chapter 1.08
PENALTY
Designated.
Sections:
1.08.010
1.08.020 Enforcement by community and economic development director.
1.08.01 O Designated.
A. Whenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 11.28 and 15.12, or as specified in Sections
1.13.040, 1.20.330(c), 1.20.330(d), 5.10.130, 6.04.130, 8.17.200(A)(1 ), 8.17.200(A)(2), 8.17.200(A)(3),
8.17.200(A)(4) and 17.04.070 of this code any act is prohibited or is made or declared to be unlawful or
an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a
misdemeanor, the violation of any such provision is a misdemeanor and shall be punished by a fine not
exceeding $1,000.00 or imprisonment for a term not exceeding six months, or by both such fine and
imprisonment unless some other fine or penalty is stated in said chapter or section.
B. Except as provided in subsection A of this section, whenever in this code or in any other ordinance of
the city any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act
is required or the failure to do any act is declared to be unlawful or a misdemeanor, the violation of any
such provision of the city is, unless otherwise stated in this section, an infraction and shall be punisha-
ble by:
1. A fine not exceeding $200.00 for the first violation;
2. A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
3. The third and each additional violation of the same ordinance within one year is a misdemeanor
and shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceed-
ing six months, or by both such fine and imprisonment;
4. In addition to the monetary fines set forth above, both conditional sentencing and probation are
authorized as a sentencing option in accordance with Penal Code Section 1203(a).
C. Each and every day during any portion of which any violation of this code or any other ordinance of the
city is committed, continued or permitted shall be a separate offense.
D. Payment of a fine shall not excuse payment of any fee required by this code or any other city ordi-
nance.
E. Nothing contained in this section shall preclude the city from enforcing the provisions of this code or
any other ordinance through any other available methods including but not limited to abatement of pub-
lic nuisances.
F. Nothing contained in this code shall abrogate the city attorney's discretion to reduce to an infraction
any act made unlawful pursuant to this chapter, if the city attorney determines such a reduction is war-
ranted in the interest of justice. (Ord. CS-211 § 1, 2013; Ord. CS-153 § 7, 2011; Ord. CS-090 § 2,
2010; Ord. NS-861 § 1, 2007; Ord. NS-811 § 4, 2006; Ord. NS-394 § 1, 1997; Ord. NS-70 § 1, 1989;
Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 127 4 § 1, 1984; Ord. 6068 § 1,
1983; Ord. 5064 § 1, 1983; Ord. 1252 § 1, 1982; Ord. 1236 § 1, 1980)
1.08.020 Enforcement by community and economic development director.
A. The city manager or designee is authorized, pursuant to Penal Code Section 836.5, to arrest any per-
son, without a warrant, whenever said employee has reasonable cause to believe that the person to be
arrested committed an infraction or misdemeanor, in said employee's presence, which is a violation of
Title 6, 10, 13, 15, 18, or 21; Chapter 5.04, 5.24, 7.04, 7.12, 10.52, 11.08, 11.12, 11.16, or 11.36; or
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Page 454
Section 8.28.010, 8.28.030, 10.40.075, or 10.40.076 of this code, or any uncodified building or zoning
ordinance of the city.
B. The city manager may deputize any city employee to exercise the power of arrest described in subsec-
tion A of this section if the employee has completed an introductory course of training prescribed by the
Commission on Peace Officer Standards and Training pursuant to Penal Code Section 832. Nothing in
this section authorizes any deputized employee to carry a firearm. (Ord. CS-164 § 14, 2011; Ord. CS-
105 § 1, 2010; Ord. NS-625 § 12, 2002; Ord. NS-385 § 1, 1996; Ord. NS-370 § 1, 1996; Ord. 197 § 1,
1992)
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Sections:
1.10.005
1.10.010
1.10.020
1.10.030
1.10.040
1.10.050
1.10.060
1.10.070
1.10.080
1.10.090
1.10.100
1.10.110
1.10.120
1.10.130
1.10.140
Chapter 1.10
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES
Purpose and intent.
Definitions.
Article I. General
General enforcement authority.
Notice of violation.
Service of notices.
Notice of pending administrative enforcement action.
Remedies not exclusive.
Article II. Administrative Citations
Administrative citations.
Administrative citation procedures.
Contents of administrative citation.
Administrative citation penalties assessed.
Failure to pay administrative citation penalties.
Appeal of administrative citation.
Article Ill. Administrative Hearings
Administrative enforcement hearing procedures.
Administrative hearing officer.
Article I. General
1.10.005 Purpose and intent.
The council has determined that the enforcement of the municipal code and applicable state codes through-
out the city is an important public service and is vital to the protection of the public's health, safety and quali-
ty of life. The council has determined that there is a need for alternative methods of code enforcement and
that a comprehensive code enforcement system uses a combination of judicial and administrative remedies
to gain compliance with code regulations. The council finds that there is a need to draft precise regulations
that can be effectively applied in judicial and administrative proceedings and further finds that there is a
need to establish uniform procedures for the administrative enforcement hearings. (Ord. NS-591 § 1, 2001)
1.10.010 Definitions.
The following definitions shall apply in interpretation and enforcement of this chapter:
"Administrative code enforcement remedies" means administrative abatement, summary abatement, civil
penalties, administrative citations, recordation of notices of violation and notices of noncompliance as
contained in the municipal code.
"Administrative costs" means the administrative citation fines assessed, all costs incurred by the city from
first discovery of the violations through the appeal process and until compliance is achieved, including,
but not limited to, staff time in inspecting the property, sending notices, preparing and attending any
appeal hearing.
"Administrative hearing officer" means any person appointed by the city manager, or designee, to preside at
administrative hearings.
"Enforcement officer" means any city employee or agent of the city with the authority to enforce any provi-
sion of the municipal code.
Quality Code Data 2/7/2017, Page 14
Page 456
"Municipal code" means the Carlsbad Municipal Code.
"Person" means any natural person, firm, association, business, trust, organization, corporation, partnership,
company, or any other entity, which is recognized by law as the subject of rights or duties.
"Responsible party" means any person or persons in charge of the premises or location, or the person or
persons responsible for the event or incident, and shall include any of the following:
1. The person or persons who own the property where the violations exist;
2. The person or persons in charge of the premises where the violation exists;
3. The person or persons using the premises when the violation exists;
4. If any of those persons are minors, the' parent or guardians of such minor(s) shall be the respon-
sible party;
5. If the person or persons is a business entity, the manager or on-site supervisor where the viola-
tions exist shall be a responsible party. (Ord. NS-591 § 1, 2001)
1.10.020 General enforcement authority.
For the purposes of this chapter, the city manager or designated enforcement officer shall have the power to
issue notices of violation and field citations, inspect public and private property and use whatever judicial
and administrative remedies are available under the municipal code. (Ord. NS-591 § 1, 2001)
1.10.030 Notice of violation.
Whenever an enforcement officer determines that a violation of the municipal code exists, the enforcement
officer may issue a notice of violation to a responsible party. The notice of violation shall include the follow-
ing information:
A. The name of the owner of record of the property;
B. Street address;
C. The municipal code sections in violation;
D. A description of how the property's condition violates the applicable municipal code section;
E. A list of necessary corrections to bring the property into compliance;
F. A deadline or specific date to correct the violations listed in the notice of violation;
G. A reference to the potential consequences should the property remain in violation after the expiration of
the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administra-
tive abatement, administrative citations, revocation of permits, recordation of the notice of violation, re-
cordation of certificates of noncompliance and withholding of future municipal permits. (Ord. NS-591 §
1, 2001)
1.10.040 Service of notices.
A. Except for an initial notice of violation, whenever a notice is required to be given under the municipal
code for enforcement purposes, the notice shall be served by any of the following methods unless dif-
ferent provisions are otherwise specifically stated to apply:
1. Personal service; or
2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may
be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service
shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular
mail is not returned; or
3. Posting the notice conspicuously on or in front of the property. The form of the post notice shall
be approved by the city manager, or designee.
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B. Service by certified or regular mail in the manner described above shall be effective on the date of
mailing.
C. The failure of any person with an interest in the property to receive any notice served in accordance
with this section shall not affect the validity of any proceedings taken under this code.
D. The notice requirements in this section do not apply to initial notices of violation, which may be sent by
regular mail. Service of a notice of violation by regular mail is effective on the date of mailing. (Ord. NS-
591 § 1, 2001)
1.10.050 Notice of pending administrative enforcement action.
A For purposes of this chapter the enforcement officer may record with the county recorder's office a no-
tice against a property, which is the subject of an administrative enforcement action pending with the
city.
B. A notice of pending administration action shall be on a form approved by the city manager or designee
and shall describe the nature of the administrative action and refer to the municipal code governing the
pending administrative action. (Ord. NS-591 § 1, 2001)
1.10.060 Remedies not exclusive.
The procedures established in this chapter shall be in addition to criminal, civil or other legal remedies es-
tablished by law which may be pursued to address violations of this municipal code or applicable state
codes and the use of this chapter shall be at the sole discretion of the city. (Ord. NS-591 § 1, 2001)
Article II. Administrative Citations
1.10.070 Administrative citations.
A For purposes of this chapter any person violating any provision of the municipal code may be issued
an administrative citation by an enforcement officer as provided for in this chapter.
B. A continuing violation of the municipal code constitutes a separate and distinct violation each and eve-
ry day that said violation exists.
C. A citation penalty shall be assessed by means of an administrative citation issued by the enforcement
officer and shall be payable directly to the city.
D. Penalties assessed by means of an administrative citation shall be collected in accordance with the
procedures specified in this chapter. (Ord. NS-591 § 1, 2001)
1.10.080 Administrative citation procedures.
A Upon discovering a violation of this code, an enforcement officer may issue an administrative citation to
a responsible party in the manner prescribed in this chapter. The administrative citation shall be issued
on a form prescribed by the city attorney.
B. Any party responsible for a violation of this code shall be provided a notice of violation prior to the issu-
ance of an administrative citation. A notice of violation is not required before issuance of a second or
any subsequent administrative citation for a continuing or repeated violation.
C. A second or subsequent notice of violation does not need to be issued to the same party if a notice of
violation for the same or similar violation has been issued within the prior year period.
D. Failure to comply with any portion of a notice of violation may result in the issuance of an administra-
tive citation.
E. If the responsible party is not an individual, the enforcement officer shall attempt to locate the owner
and issue the owner an administrative citation. If the enforcement officer can only locate the manager
or onsite supervisor, the administrative citation may be issued in the name of the entity and given to
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Page 458
said manager or onsite supervisor .. A copy of the administrative citation shall also be mailed to the
owner in the manner prescribed in Section 1.10.040 of this chapter.
F. Once the responsible party is located, the enforcement officer shall attempt to obtain the signature of
that person on the administrative citation. If the responsible party refuses or fails to sign the administra-
tive citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent pro-
ceedings.
G. If the enforcement officer is unable to locate the responsible party for the violation, then the administra-
tive citation shall be mailed to the responsible party in the manner prescribed in Section 1.10.040 of
this chapter.
H. If no one can be located at the property, the administrative citation shall be posted in a conspicuous
place on or near the property and a copy subsequently mailed to the responsible party in the manner
prescribed in Section 1.10.040 of this chapter.
I. The failure of any person with an interest in the property to receive notice shall not affect the validity of
any proceedings taken under this chapter. (Ord. NS-591 § 1, 2001)
1.10.090 Contents of administrative citation.
A. The administrative citation shall refer to the date and location of the violations and the approximate
time, if applicable, that the violations were observed.
B. The administrative citation shall refer to the municipal code sections violated and describe how the
sections have been violated.
C. The administrative citation shall describe the action required to correct the violations.
D. The administrative citation shall require the responsible party to immediately correct the violations and
shall explain the consequences of failure to correct the violations.
E. The administrative citation shall state the amount of penalty imposed for the violations.
F. The administrative citation shall explain how the penalty shall be paid and the time period by which it
shall be paid, and the consequences of failure to pay the penalty.
G. The administrative citation shall identify all appeal rights.
H. The administrative citation shall contain the signature of the enforcement officer and the signature of
the responsible party, if the responsible party can be located, as outlined in Section 1.10.080. (Ord.
NS-591 § 1, 2001)
1.10.100 Administrative citation penalties assessed.
A. The penalty amount shall be assessed at a rate as adopted by resolution of the city council.
B. All penalties assessed shall be payable to the city within 30 days from the date of the administrative
citation.
C. Any administrative citation penalty paid pursuant to this section shall be refunded in accordance with
Section 1.10.140 if it is determined, after a hearing, that the person charged in the administrative cita-
tion was not responsible for the violation or that there was no violation as charged in the administrative
citation.
D. Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further en-
forcement action by the city.
E. If the responsible party fails to correct the violation, or has the same or similar violation within a one
year period, subsequent administrative citations may be issued. The amount of the penalty shall in-
crease at a rate specified by resolution of the city council. (Ord. NS-591 § 1, 2001)
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1.10.110 Failure to pay administrative citation penalties.
A. The failure of any person to pay a penalty assessed by administrative citation within the time specified
on the citation, without the filing of an appeal as provided in Section 1.10.120, shall result in the as-
sessment of an additional late fee. The amount of the late fee shall be 100% of the total amount of the
administrative penalty.
B. The failure of any person to pay a penalty assessed by administrative citation within the time specified
on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, im-
prove a special assessment as set forth below, or pursue any other legal remedy to collect such mon-
ey.
C. The city may impose a special assessment against the property that is the subject of a citation if the
citation has been issued to the property owner. The city shall record a notice of lien in the office of the
county recorder when the special assessment procedure is used. When so made and confirmed, the
cost shall constitute a lien on that property for the amount of the assessment. After confirmation and
recordation, a copy shall be turned over to the San Diego County tax collector. At that point, it will be
the duty of the tax collector to add the amounts of the respective assessments to the next regular
property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts
shall be collected at the same time and in the same manner as ordinary property taxes are collected,
and shall be subject to the same penalties and procedures under foreclosure and sale as provided for
with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in
the manner and means provided by law. (Ord. NS-591 § 1, 2001)
1.10.120 Appeal of administrative citation.
A. Any recipient of an administrative citation may contest the citation by completing a request for hearing
form and returning it to the city within 30 days from the date of the administrative citation, together with
an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has
been filed pursuant to subsection E of this section. If the deadline falls on a weekend or city holiday,
then the deadline shall be extended until the next regular business day.
B. A request for hearing form may be obtained from the city finance department (the "finance depart-
ment") or the department specified on the administrative citation.
C. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10
days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the administrative citation to
the administrative hearing officer at the hearing, then a copy of that report shall also be served on the
person requesting the hearing at least five days prior to the date of the hearing.
E. Advance Deposit Hardship Waiver.
1. Any person who intends to request a hearing to contest that there was a violation of the code or
that he or she is the responsible party and who is financially unable to make the advance deposit
of the fine as required may file a request for an advance deposit hardship waiver.
2. The request shall be filed with the finance department on an advance deposit hardship waiver
application form available from the finance department, within 10 days of the date of the adminis-
trative citation.
3. The requirement of depositing the full amount of the fine as required shall be stayed unless or un-
til the finance department designee makes a determination not to issue the advance deposit
hardship waiver.
4. The finance department designee may waive the requirement of an advance deposit and issue
the advance deposit hardship waiver only if the cited party submits to the finance department a
sworn affidavit, together with any supporting documents or materials, demonstrating to the satis-
Quality Code Data 2/7/2017, Page 18
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faction of the finance department the person's actual financial inability to deposit with the city the
full amount of the fine in advance of the hearing.
5. If the finance department determines not to issue an advance deposit hardship waiver, the person
shall remit the deposit to the city within 10 days of the date of that decision or 30 days from the
date of the administrative citation, whichever is later.
6. The finance department shall issue a written determination listing the reasons for the determina-
tion to issue or not issue the advance deposit hardship waiver. The written determination of the
finance department shall be final.
7. The written determination of the finance department shall be served upon the person who applied
for the advance deposit hardship waiver. (Ord. NS-591 § 1, 2001)
Article Ill. Administrative Hearings
1.10.130 Administrative enforcement hearing procedures.
A. Hearing Procedure.
1. No hearing to contest an administrative citation before an administrative hearing officer shall be
held unless the fine has been deposited in advance or an advance deposit hardship waiver has
been issued.
2. A hearing before the administrative hearing officer shall be set for a date that is not less than 15
days and not more than 60 days from the date that the request for hearing is filed.
3. Notice of the administrative enforcement hearing shall be mailed to the appealing person in the
manner prescribed by Section 1.10.040 of this chapter.
4. The failure of any person with an interest in the property, or other responsible party, to receive
such properly addressed notice of the hearing shall not affect the validity of any proceedings un-
der this chapter.
5. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a
forfeiture of the fine and a failure to exhaust their administrative remedies.
6. At the hearing, the party contesting the administrative citation shall be given the opportunity to
testify and to present evidence concerning the administrative citation.
7. The administrative citation and any additional report submitted by the enforcement officer shall
constitute prima facie evidence of the respective facts contained in those documents.
8. The administrative hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the administrative citation prior to issuing a written
decision.
9. Failure of any person to file an appeal in accordance with the provisions of this section shall con-
stitute a waiver of that person's rights to administrative determination of the merits of the citation
and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final adminis-
trative order.
B. Hearing Officer's Decision.
1. After considering all of the testimony and evidence submitted at the hearing, the administrative
hearing officer shall issue a written decision to uphold or cancel the administrative citation and
shall list in the decision the reasons for that decision. The decision of the administrative hearing
officer shall be final.
2. As part of the administrative citation enforcement order, the administrative hearing officer may re-
duce, waive or conditionally reduce the penalties or late fees assessed by the citation.
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3. The administrative hearing officer may also impose conditions and deadlines to correct the viola-
tions or require payment of any outstanding penalties.
4. The administrative hearing officer may assess reasonable administrative costs incurred by the
city as described in Section 1.10.010.
5. If the administrative hearing officer determines that the administrative citation should be upheld,
then the fine amount on deposit with the city shall be retained by the city.
6. If the administrative hearing officer determines that the administrative citation should be upheld
and the fine has not been deposited pursuant to an advance deposit hardship waiver, the admin-
istrative hearing officer shall set forth in the decision a payment schedule for the fine.
7. If the administrative hearing officer determines that the administrative citation should be canceled
and the fine was deposited with the city, then the city shall promptly refund the amount of the de-
posited fine, together with interest at the average rate earned on the city's portfolio for the period
of time that the fine amount was held by the city.
8. The recipient of the administrative citation shall be served with a copy of the administrative hear-
ings officer's written decision.
9. The employment, performance evaluation, compensation and benefits of the administrative hear-
ing officer shall not be directly or indirectly conditioned upon the amount of the administrative cita-
tion fines upheld by the administrative hearing officer.
C. Right to Judicial Review.
1. After receipt of the hearing officer's decision, the respondent may file an appeal with the munici-
pal court for de nova review. The request for review shall be submitted within 20 days of the date
that the citation is deemed a final administrative order. The request for review shall be submitted
on a form prescribed by the court to the city, along with the applicable filing fee. The request for
municipal court review shall state the reasons the party objects to the hearing officer's findings or
decision.
2. A copy of the notice of violation and imposition of penalty shall be entered as prima facie evi-
dence of the facts stated therein.
3. If the court finds in favor of the respondent, the amount of the fee shall be reimbursed to the re-
spondent by the city. Any deposit of penalty shall be refunded by the city in accordance with the
judgment of the court.
4. If the penalty has not been deposited, and the decision of the court is against the respondent, the
city may proceed to collect the civil penalty in the manner provided by law. (Ord. NS-591 § 1,
2001)
1.10.140 Administrative hearing officer.
A The city manager, or designee, shall promulgate rules and procedures as are necessary to establish a
pool of qualified persons who are capable of acting on behalf of the city as administrative hearing offic-
ers.
B. Administrative hearing officers presiding at administrative hearings shall be appointed and compen-
sated by the city manager, or designee. The city manager, or designee shall develop policies and pro-
cedures relating to the employment and compensation of administrative hearing officers.
C. Any person designated to serve as an administrative hearing officer is subject to disqualification for
bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law.
Rules and procedures for the disqualification of an administrative hearing officer shall be promulgated
by the city manager, or designee. (Ord. NS-591 § 1, 2001)
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Chapter 1.12
ELECTIONS
Candidate's filing fee.
Sections:
1.12.010
1.12.020 Date for general municipal election.
1.12.010 Candidate's filing fee.
A filing fee of $25.00 is established for a candidate's nomination papers for elective offices at municipal elec-
tions held in the city. The filing fee shall be paid to the city clerk by each candidate for an elective office at
the time the candidate's nomination paper is filed with the city clerk. The city clerk shall pay to the city treas-
urer all fees received which shall be deposited in the general fund. Notwithstanding the provisions of this
section, a candidate may, in accord with Section 8106 of the Elections Code, in lieu of all or part of the filing
fee, submit a petition containing the signatures of four registered voters for each dollar of the filing fee. (Ord.
NS-448 § 1, 1998; Ord. 1175 § 1, 1975; Ord. 1161 § 1, 1973)
1.12.020 Date for general municipal election.
Pursuant to Section 11403.5 of the California Government Code, the general municipal election for the city
shall be held on the same day as the day of the statewide general election. (Ord. NS-448 § 2, 1998; Ord.
1259 § 1, 1982; Ord. 1242 § 1, 1982)
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Chapter 1.13
ELECTION CAMPAIGN DISCLOSURE
Sections:
1.13.010
1.13.020
1.13.025
1.13.026
1.13.030
1.13.040
1.13.050
Purpose and intent.
Definitions.
Contributions-Disclosure;
Electronic filing of campaign disclosure.
Cash contributions prohibited.
Penalties and enforcement.
Rules of construction.
1.13.010 Purpose and intent.
This chapter is to supplement the provisions of the Political Reform Act of 197 4 by requiring an additional
campaign disclosure statement in municipal elections to insure that the city's voters will be fully informed
about the receipts of and expenditures by candidates and committees prior to such elections. The city coun-
cil finds that this chapter is enacted in recognition of the power of a local agency to impose additional disclo-
sure requirements as authorized by Government Code Section 81013, so long as they do not prevent a per-
son from complying with the act. (Ord. NS-671 § 1, 2003; Ord. 1276 § 1, 1985)
1.13.020 Definitions.
The words and phrases used in this chapter shall have the same meaning as defined in the Political Reform
Act of 1974, Title 9 of the Government Code of the state, as the act now exists or may hereafter be amend-
ed. (Ord. 1276 § 1, 1985)
1.13.025 Contributions-Disclosure.
A No person shall knowingly accept any contribution or loan in excess of $100.00 without obtaining the
name, address, occupation, employer's name, or if self-employed, the name of the business of the
person making the contribution or loan.
B. No person shall make a contribution or loan for any other person under an assumed name or under the
name of any other person.
C. Contributions or loans, not to exceed a total of $100.00 from any one person or source, are permitted
to be retained by a candidate or any committee including a committee supporting or opposing the pas-
sage of a measure, when received from anonymous sources or from persons who do not consent to
having their name made known. Any such amount in excess of $100.00 shall be turned over to the city
clerk and deposited into the city's treasury within 10 days of receipt of the contribution.
D. Any candidate or committee that is required to file a campaign statement for a municipal election in
Carlsbad pursuant to the Political Reform Act of 1974 shall, in addition to the information otherwise re-
quired, list the name, address, occupation, name of employer, or if self-employed, the name of the
business, and amount contributed or loaned by each person who has contributed or loaned a cumula-
tive amount in excess of $100.00. (Ord. NS-671 § 2, 2003; Ord. 1281 § 1, 1985)
1.13.026 Electronic filing of campaign disclosure.
Any elected officer, candidate, committee or other person required to file specified statements, reports, or
other documents ("statements") with the city clerk as required by Chapter 4 (commencing with Section
84100 et seq.) of Title 9 of the California Government Code, also known as the Political Reform Act, and that
has received contributions or made expenditures of $1,000.00 or more, may file such statements using the
city clerk's online system according to procedures established by the city clerk. These procedures shall en-
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sure that the online system complies with the requirements set forth in Section 84615 of the Government
Code.
During the period commencing with the effective date of Ordinance CS-258 and ending December 31, 2015,
an elected officer, candidate or committee may choose to opt-in to the electronic filing system by electroni-
cally filing a statement that is required to be filed with the city clerk pursuant to Chapter 4 of the Political Re-
form Act.
To ensure reporting continuity, once a statement, report or other document is filed electronically on behalf of
any elected officer, candidate, or committee as set forth in this section, all future statements, reports and
other documents on behalf of that officer, candidate or committee shall be required to be filed electronically
using the city clerk system.
Any elected officer, candidate, committee or other person who has electronically filed a statement, report, or
other document using the city clerk's online system is not required to file a copy of that document in paper
format with the city clerk.
From and after January 1, 2016, elected officers, candidates and committees required to file statements
must file such statements using the city clerk's online system, unless exempt from the requirement to file
online pursuant to Government Code Section 84615(a) because the officer, candidate or committee receives
less than $1,000.00 in contributions and makes less than $1,000.00 in expenditures in a calendar year.
An elected officer, candidate, committee or other person may choose to opt-out of the electronic filing sys-
tem by filing all original statements, reports or other documents in paper format with the city clerk. Electronic
filing is not required until after an elected officer, candidate, committee or other person opts-in by electroni-
cally filing a statement, report or other document.
In any instance in which an original statement, report, or other document must be filed with the Secretary of
State and a copy of that document is required to be filed with the city clerk, the filer may electronically file a
copy with the city clerk, the filer may, but is not required to file the copy online or electronically.
If the city clerk's system is not capable of accepting a particular type of statement, report or other document,
an elected officer, candidate, committee or other person shall file that document in paper format with the city
clerk.
The city clerk's system shall make all the data filed available on the Internet in an easily understood format
that provides the greatest public access. The data shall be made available free of charge and as soon as
possible after receipt/deadline. The data made available on the Internet shall not contain the street name of
the persons or entity representatives listed on the electronically filed forms or any bank account number re-
quired to be disclosed by the filer. The city clerk's office shall make a complete, unredacted copy of the
statement available to the Fair Political Practices Commission for 87200 filers.
The city clerk's office shall maintain records according to the city's records retention schedule commencing
from the date filed, a secured, official version of each online or electronic statement which shall serve as the
official version of that record for the purpose of audits. (Ord. CS-258 § 2, 2014)
1.13.030 Cash contributions prohibited.
No candidate in a city municipal election shall accept a cash contribution of $100.00 or more. All such con-
tributions shall be made by check. A candidate is required to make a copy of each such check received prior
to negotiating it.
A cash contribution shall not be deemed received if it is not negotiated or deposited, and is returned to the
contributor before the closing date of the campaign statement on which the contribution would otherwise be
reported. If a cash contribution, other than a late contribution, as defined in Section 82036, is negotiated or
deposited, it shall not be deemed received if it is refunded within 72 hours of receipt. In the case of a late
contribution, as defined in Section 82036 (the Political Reform Act), it shall not be deemed received if it is
returned to the contributor within 48 hours of receipt. (Ord. NS-800 § 1, 2006; Ord. NS-671 § 4, 2003; Ord.
NS-58 § 1, 1989)
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1.13.040 Penalties and enforcement.
The penalties and enforcement provisions of the Political Reform Act of 197 4, Sections 91000 through
91014 of the Government Code of the state shall apply to any violation of the provisions of this chapter. Any
person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor. For pur-
poses of this chapter the district attorney of the county is the civil and criminal prosecutor. (Ord. 1276 § 1,
1985)
1.13.050 Rules of construction.
The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of
this chapter and the Political Reform Act of 1974. (Ord. 1276 § 1, 1985)
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Chapter 1.14
DISQUALIFICATION FOR CONFLICT OF INTEREST
Sections:
1.14.010
1.14.020
1.14.030
1.14.040
1.14.050
Purpose and intent.
Definitions.
Conflict of interest-Disqualifications.
Penalties and enforcement.
Rules of construction.
1.14.010 Purpose and intent.
This chapter is to supplement the provisions of the Political Reform Act of 197 4. The city council finds that
this chapter regards a municipal affair, that there is nothing in this chapter that conflicts with the general laws
of the state, and that the additional requirements imposed by this chapter pursuant to Government Code
Section 81013 do not prevent a person from complying with said Act. (Ord. NS-38 § 1, 1988)
1.14.020 Definitions.
The words and phrases used in this chapter shall have the same meaning as defined in the Political Reform
Act, 1974, Title 9 of the Government Code of the state, as said Act now exists or may hereafter be amend-
ed. (Ord. NS-38 § 1, 1988)
1.14.030 Conflict of interest-Disqualifications.
A. The regulations adopted by the Fair Political Practices Commission provide that a public official may
not participate in a governmental decision when the official has an interest in real property which is lo-
cated within a 500-foot radius of the boundaries or proposed boundaries of a property which is the sub-
ject of a decision before the official unless that decision will have no financial effect upon an official's
interest.
B. This section imposes a stricter standard for all public officials and designated employees in the city
who shall not participate in a decision when those public officials or designated employees have an in-
terest in real property located within a 600-foot radius of the boundaries of the property which is the
subject of a decision unless that decision will have no financial effect upon that interest. Except as
modified by this section, all public officials and designated employees in the city shall comply in all oth-
er respects and with all other provisions of the material financial effect rules in the Commission's regu-
lations. (Ord. NS-575 § 1, 2001; Ord. NS-38 § 1, 1988)
1.14.040 Penalties and enforcement.
The penalties and enforcement provisions of the Political Reform Act of 1974, Sections 91000 through
91014 of the Government Code of the state shall apply to any violation of the provisions of this chapter. Any
person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor. For pur-
poses of this chapter, the district attorney of San Diego County is the civil and criminal prosecutor. (Ord. NS-
38 § 1, 1988)
1.14.050 Rules of construction.
The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of
this chapter and the Political Reform Act of 197 4. (Ord. NS-38 § 1, 1988)
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Sections:
1.16.010
1.16.020
Chapter 1.16
TIME LIMITS FOR JUDICIAL REVIEW
Time limits for judicial review.
Additional time limits for commencement of court proceedings.
1.16.010 Time limits for judicial review.
A Judicial review of any decision of the city or of any commission, board, officer, or agent of the city may
be had pursuant to Code of Civil Procedure, Section 1094.5, only if the petition for writ of mandate pur-
suant to such section is filed within the time limits specified in this section.
B. Any such petition shall be filed not later than the 90th day following the date on which the decision be-
comes final. If there is no provision for the reconsideration of the decision, or for a written decision or
written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for
the purposes of this section, the decision is final on the date that it is announced. If the decision is not
announced at the close of the hearing, the date, the time, and the place of the announcement of the
decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is fi-
nal for the purposes of this section upon the expiration of the period during which such reconsideration
can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision
is final for the purposes of this section on the date that reconsideration is rejected. If there is a provi-
sion for a written decision or written findings, the decision is final for the purposes of this section upon
the date it is mailed by first class mail, postage prepaid, including a copy of the affidavit or certificate of
mailing to the party seeking the writ. Subdivision (a) of Section 1013 of the California Code of Civil
Procedure does not apply to extend the time, following deposit in the mail of the decision or findings,
within which a petition shall be filed.
C. The complete record of the proceedings shall be prepared by the city or its commission, board, officer
or agent which made the decision and shall be delivered to the party requesting such record within 190
days after he or she has filed a written request therefor. A request for the preparation of the record of
the proceedings shall be filed with the person designated in the final decision. Such person shall, within
10 days of such request, notify the party of the estimated cost of the preparation of the requested rec-
ord. The party requesting such record shall, within 10 days of such notification, deposit with the person
designated in the decision an amount sufficient to cover the estimated cost. If during the preparation of
the record it appears that additional costs will be incurred, the party requesting such record may be no-
tified and, if requested, shall deposit such additional amounts before the record will be completed. If
the cost of the preparation of the record exceeds the amount deposited, the party requesting such rec-
ord shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be
returned to the party requesting such record. Upon receiving the required deposit, the person desig-
nated in the decision shall promptly prepare such record in accordance with the request. Such record
shall include the transcript of the proceedings; all pleadings; all notices and orders; any proposed deci-
sion by a hearing officer; the final decision; all admitted exhibits; all rejected exhibits in the possession
of the city or its commission, board, officer or agent; all written evidence; and any other papers in the
case.
D. If the party files a request for the record as specified in subsection C of this section within 10 days after
the date the decision becomes final as provided in subsection B of this section, the time within which a
petition pursuant to Code of Civil Procedure, Section 1094.5, may be filed shall be extended to not lat-
er than the 30th day following the date on which the record is either personally delivered or mailed to
the party or the party's attorney of record, if the party has one.
E. As used in this section, "decision" means any adjudicatory administrative decision made, after hearing,
suspending, demoting or dismissing an officer or employee, revoking or denying an application for a
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Page 468
permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost or
denying an application for any retirement benefit or allowance.
F. In making a final decision as defined in subsection E of this section, the city shall provide notice to the
party that the time within which judicial review must be sought is governed by this section. Upon giving
notice of any decision subject to this section, the person responsible to issue such decision shall in-
clude in the decision a statement substantially as follows:
The time within which judicial review of this decision must be sought is governed by Code of Civil Pro-
cedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate
court not later than the 90th day following the date on which this decision becomes final; however, if
within 10 days after the decision becomes final a request for the record of the proceedings accompa-
nied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such
record, the time within which such petition may be filed in court is extended to not later than the 30th
day following the date on which the record is either personally delivered or mailed to the party, or the
party's attorney of record, if the party has one. A written request for the preparation of the record of the
proceedings shall be filed with ______ _
(name and address of designated person)
As used in this section, "party" means an officer or employee who has been suspended, demoted or dis-
missed; a person whose permit or license or other entitlement has been revoked or suspended or whose
application for a permit or license or other entitlement has been denied; or a person whose application for a
retirement benefit or allowance has been denied. (Ord. NS-839 §§ 1-3, 2007; Ord. NS-327 § 1, 1995; Ord.
NS-218 § 1, 1992; Ord. 1203 § 1, 1977)
1.16.020 Additional time limits for commencement of court proceedings.
Except as otherwise provided in Section 1.16.010 of this code, Sections 65860, 66020, 66021, 66022,
66024 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources
Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or
seek damages or compensation for any city decision or action taken pursuant to this code shall not be main-
tained by any person unless such action or proceeding is commenced and service of summons is effected
within 30 days after the date of such decision or action. Thereafter all persons are barred from commencing
or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of
such decision, proceeding, determination or actions taken. For the purpose of this section, the terms "deci-
sion," "determination," "action taken" and "action taken pursuant to this code" shall include administrative
adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or
other action taken or authorized by this code. This section shall not expand the scope of judicial review and
shall prevail over any conflicting provision and any other applicable law relating to the subject. (Ord. NS-839
§ 4, 2007; Ord. 1216 § 1, 1979)
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Sections:
1.20.010
1.20.020
1.20.025
1.20.030
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
1.20.240
1.20.250
1.20.260
1.20.270
1.20.280
1.20.290
1.20.300
1.20.302
1.20.305
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
Chapter 1.20
CITY COUNCIL PROCEDURE
Regular meetings.
Special meetings.
Emergency meetings.
Adjourned meetings.
Meetings to be public-Exceptions-Closed sessions.
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.
Points of order.
Point 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 hearing.
Purpose and intent-Addressing the council.
Addressing the council-Spokesperson for group of persons.
Opportunity for public to address the council-Nonagenda items.
Decorum and order-Council and city staff.
Public attendance and audience-Decorum and order.
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.
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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
1.20.600
1.20.610
Public hearings-Closing.
Public hearings-Reopening.
Public hearings-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-Waiver.
Appeals procedure.
Ordinances-Effective date.
1.20.010 Regular meetings.
The city council shall hold regular meetings on the dates and times specified by resolution of the city council.
If by reason of fire, flood or other emergency, it is unsafe to meet in the council chambers, the meetings may
be held for the duration of the emergency at such other place as is designated by the mayor, or, if the mayor
should fail to act, by three members of the city council. When the day for any regular meeting falls on a legal
holiday, such meeting shall be held at the same hour and place on the next succeeding day not a holiday or
such other time as designated by the city council. (Ord. CS-195 § 1, 2012; Ord. NS-534 § 2, 2000; Ord.
1273 § 1, 1984; Ord. 1213 § 2, 1979)
1.20.020 Special meetings.
Special meetings may be called at any time by the mayor or three members of the city council by delivering
personally or by mail, facsimile, or electronic mail, written notice to each council member and to each local
newspaper of general circulation, radio or television station having filed written request for such notice. Such
notice must be delivered personally, or by mail, facsimile, or electronic mail, at least 24 hours before the
time of such meeting as specified in the notice. The notice of the special meeting shall also be placed on the
city's website. The call and notice shall specify the time and place of the special meeting and the business to
be transacted. No other business shall be considered at such meetings. Such written notice may be dis-
pensed with as to any council member who 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 telegram, facsimile, or electronic mail. Such
written notice may also be dispensed with as to any council member who is actually present at the time it
convenes. The call and notice shall be posted at least 24 hours prior to the special meeting on the council
chambers door. (Ord. CS-195 § 1, 2012; Ord. NS-744 § 2, 2005; Ord. 1292 § 1, 1986; Ord. 1213 § 2, 1979)
1.20.025 Emergency meetings.
Notwithstanding anything in this code to the contrary, the city council may hold an emergency meeting pur-
suant to and in accordance with the provisions of Section 54956.5 of the California Government Code. (Ord.
1292§2, 1986)
1.20.030 Adjourned meetings.
All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting.
Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the mayor by a simple
declaration thereof in the absence of a protest by any council member. Meetings may also be adjourned up-
on 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
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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 ad-
journment on the council chamber door within 24 hours after the time of the adjournment. When a regular or
adjourned regular meeting is adjourned as provided in this section the resulting meeting is a regular meeting
for the purpose of transacting business. (Ord. 1292 § 3, 1986; Ord. 1213 § 2, 1979)
1.20.050 Meetings to be public-Exceptions-Closed sessions.
A All meetings of the city council shall be open to the public provided, however, the city council may hold
closed sessions during any 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 author-
ized by Title 5, Division 2, Part 1, Chapter 9, Sections 54950 through and including 54961 of the Gov-
ernment Code of the State of California or other applicable law.
B. No member of the city council, employee of the city or any other person present during a closed ses-
sion of the council shall disclose to any person the content or substance of any discussion which took
place during said closed session unless the city council first authorizes the disclosure of such infor-
mation by a majority vote. (Ord. 1292 § 5, 1986; Ord. 1213 § 2, 1979)
1.20.060 Council agenda.
A An agenda shall be prepared for each council meeting containing the time and place of the meeting,
the order of business and a general description, including the specific action requested to be taken by
the council, for each item of business to be transacted or discussed at the meeting. 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. Council originated items shall be submitted to the city manager by Friday, 12 days prior to the
scheduled council meeting. The city manager shall promptly give copies to the other members of the
city council for their review and comment. Comments must be returned to the city manager by
Wednesday, seven days prior to the scheduled council meeting. The city manager shall include any
such comments as a part of the agenda item. If time constraints require it the mayor may approve ex-
pedited processing for a council originated item provided copies are made available to the other mem-
bers of the council, the city attorney and the city manager as soon as the item is prepared and, to the
extent possible, any comments received shall be incorporated. 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 5:00 p.m. on the Wednesday preceding the regular meeting. The clerk shall
thereafter prepare an agenda packet under the direction of the city manager. The agenda packet shall
be delivered to the council members on the Friday preceding the regular meeting and shall be made
available to the public at the office of the city clerk and shall be posted on the city's website.
B. Any writings provided to all or a majority of all of the council members in connection with a matter sub-
ject to discussion or consideration at an open council meeting, are disclosable public records unless
specifically exempted from disclosure pursuant to California Government Code Sections 6253.5, 6254,
6254.3, 6254.7, 6254.15, 6254.16, 6154.22 or any other provision of law.
C. Any writings or documents which relate to an open session of a regular council meeting and are dis-
tributed to the council members less than 72 hours prior to that meeting, shall be made available for
public inspection at the office of the city clerk at the time the writing is distributed to all or a majority of
all of the council members. The agenda for each council meeting shall specify that writings described
by this section are available at the office of the city clerk and shall list the address for the office of the
city clerk.
D. A binder containing all agenda related writings and documents, including those described in subsection
C of this section will be held by the deputy city clerk at each council meeting and will be available for
public review.
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E. 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 authorized representative,
and shall have been examined and approved for administration by the city manager or authorized rep-
resentative, where there are substantive matters of administration involved.
F. At least 72 hours before a regular meeting, the city clerk shall post an agenda containing a brief gen-
eral description of each item of business to be transacted or discussed at the meeting, including items
to be discussed in closed session. A brief general description of an item generally need not exceed 20
words. The agenda shall specify the time and location of the regular meeting and shall be posted at
City Hall and at the meeting place if not City Hall. The agenda shall also be placed on the city's web-
site. The city clerk shall prepare and file a signed declaration of the time and place of posting and a
certified copy of the posted agenda. Except as provided in subsection I of this section no business
shall be transacted or discussed at the meeting on any item not appearing on the posted agenda. A di-
rection of the mayor with the consent of the council to refer a matter raised by a member of the public
to staff for a report or to place a matter on a future agenda shall not constitute action.
G. 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.
H. An agenda may be prepared for adjourned meetings in the same manner as for regular meetings, as
set forth in subsection A of this section.
I. The city council may discuss or take action on items of business not appearing on the posted agenda
under any of the following conditions:
1. An item has been continued by the council to a date certain from a properly posted agenda at a
meeting held five days or less before the date action is taken on the item.
2. Upon a determination by a two-thirds vote of the council, or if less than two-thirds of the members
are present a unanimous vote of those present that the need to take action arose after the agen-
da was posted.
3. Upon a determination by the council that an emergency exists. For purposes of this section
"emergency" means a crippling disaster, work stoppage or other activity which severely impairs
public health, safety or both, where prompt action is necessary due to the disruption or threat-
ened disruption of public facilities as determined by a majority of the members of the council.
(Ord. CS-195 § 1, 2012; Ord. NS-887 § 1, 2008; Ord. NS-22 § 1, 1988; Ord. 1292 § 6, 1986; Ord.
1233 § 1, 1980; Ord. 1213 § 2, 1979)
1.20.070 Correspondence-Availability to the public.
Correspondence addressed to the city council which is received by the city clerk or any other officer or em-
ployee of the city shall not be a matter of public record unless it is received and filed by the council at a regu-
lar, special, or adjourned meeting of the council. Correspondence shall not be read aloud at a council meet-
ing unless requested by majority vote of the council. (Ord. 1213 § 2, 1979)
1.20.080 Correspondence-Authority of city manager.
A. The city manager is authorized to open and examine all mail or other written communications ad-
dressed to the city council, except correspondence addressed to individual council members, and to
give it warranted attention to the end that all administrative business referred to in said communica-
tions and not requiring council action may be acted upon between council meetings; provided, that all
communications and any action taken pursuant thereto shall be reported to the city council.
B. The city manager's office and city clerk's office shall coordinate on mail received by the city clerk's of-
fice in order to effectively accomplish the purposes of this section.
C. Correspondence concerning a matter on an agenda for consideration by the council, which is received
prior to 12:00 noon on Thursday preceding the meeting, shall be made a part of the agenda item.
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D. Correspondence requiring council action shall be placed on an agenda as soon as practicable, togeth-
er with a report and recommendation from the city manager. (Ord. 1292 § 7, 1986; Ord. 1213 § 2,
1979)
1.20.090 Quorum.
Three members of the council shall constitute a quorum for the transaction of business. Motions and resolu-
tions may be passed by a majority of the quorum but ordinances shall require a majority of the membership
of the city council. Less than a quorum may adjourn from time to time. Where there is no quorum, the mayor,
mayor pro tern or any member of the council shall adjourn such meeting, or if no member of the council is
present, the city clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of
the council, when a member of the council is disqualified due to a conflict of interest, his or her presence
shall not be considered in determining the presence of a quorum. Consideration on such item shall be de-
ferred until a quorum of noninterested council members are present to discuss and vote on them if a disqual-
ification reduces those in attendance to less than a quorum. (Ord. CS-001 § 1, 2008; Ord. NS-709 § 1, 2004;
Ord. NS-597 § 2, 2001; Ord. 1213 § 2, 1979)
1.20.100 Conduct of business.
At the time set for each regular meeting, each member of the council, the city manager, city clerk, city attor-
ney and such department heads or others as have been requested to be present shall take their regular
places in the council chambers. The business of the council shall be conducted in substantially the order
and in the manner provided in this chapter. (Ord. 1213 § 2, 1979)
1.20.110 Order of business.
The business of the council shall be taken up for consideration and disposition in the following order:
A. Call to order;
B. Roll call;
C Invocation;
D. Pledge of allegiance;
E. Approval of minutes;
F. Special presentations;
G. Consent calendar;
H. Ordinances for introduction;
I. Ordinances for adoption;
J. Public hearings;
K. Adjournment to other agency meetings;
L. Departmental and city manager reports;
M. City council additional business;
N. City attorney additional business;
0. City manager additional business;
P. Announcements;
Q. Adjournment.
Public comment as provided in Section 1.20.305 will be taken during the regular order of business at such
time as the city council by motion shall determine. All other business shall be considered in the order shown
above unless modified as provided for in this chapter. (Ord. NS-744 § 3, 2005; Ord. 1298 § 1, 1987; Ord.
1292 § 8, 1986; Ord. 1213 § 2, 1979)
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1.20.120 Call to order-Presiding officer.
The mayor, or in the mayor's absence, the mayor pro tern, 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 mayor pro tern, the city clerk
shall call the council to order, whereupon a temporary presiding officer shall be elected by the council mem-
bers present. Upon the arrival of the mayor or the mayor pro tern, the temporary presiding officer shall relin-
quish 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 mayor pro tern, and if the mayor is also
absent, to the presiding officer elected pursuant to this section. (Ord. NS-597 § 3, 2001; Ord. 1213 § 2,
1979)
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. (Ord. 1213 § 2, 1979)
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. (Ord. 1213 § 2, 1979)
1.20.150 Minutes.
A. The minutes of the council shall be kept by the city clerk and shall be electronically produced, with a
record of each particular type of business transacted set off in paragraphs, with proper subheads; pro-
vided, that the city clerk shall be required to make a record only of such business as was actually
passed upon a vote of the council and shall not be required to make a verbatim transcript of the pro-
ceedings; 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.
B. A council member may request, through the mayor, the privilege of having an abstract of the council
member's statement on any subject under consideration by the council entered in the minutes. If there
is no objection from any member of the council, such statement shall be entered in the minutes. (Ord.
NS-744 § 4, 2005; Ord. 1213 § 2, 1979)
1.20.160 Distribution of minutes.
As soon as possible after each meeting, the city clerk shall furnish a copy of the minutes to each council
member, the city manager, city attorney, and any other individuals designated by the city manager. (Ord.
1213 § 2, 1979)
1.20.170 Recordings of meetings.
A. The city clerk may record city council meetings as an aid in the preparation of minutes. If recordings
are made, they shall be retained by the city clerk until such time as the minutes have been approved
by the city council. Upon such approval of the written minutes by the city council, the city clerk may re-
use or erase such recordings unless specifically requested by the city council or the city attorney to re-
tain such recordings at the time the minutes are approved.
B. While the city clerk has the recordings in his or her possession, members of the public may hear the
recordings of the city council meetings during office hours when it will not inconvenience the ordinary
operation of the clerk's office; brief or shorthand notes may be made; mechanical recordings may be
made from the recordings until the minutes are approved unless the recording is retained according to
subsection A of this section; and in this connection, the city clerk is further authorized to allow the
equipment to be used by the public for listening or recording purposes when such equipment is not
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necessary for use by the city clerk in the ordinary function of the office. Except as provided for in Chap-
ter 1.16, unless a request to prepare a transcript is timely submitted and accepted, the city clerk is not
authorized to provide a transcript of any recording. The city clerk may establish rules and regulations
necessary to protect the safety of the records against theft, mutilation or accidental damage, to prevent
inspection or recording from interfering with the orderly function of the office, and to ensure that the in-
tegrity of the records is maintained. The city clerk may charge a fee to cover the cost, including labor
and materials, of but not limited to providing records and administering this provision.
C. If any person wishes a record of the city council meeting, or any portion thereof, a request therefor
shall be filed with the city clerk 24 hours prior to the meeting. If such a request is received, the city
clerk shall make arrangements to make and preserve such a record at the expense of the person mak-
ing the request.
D. If any person desires to have a matter reported by a stenographer reporter, such person may employ
one directly at the person's expense. (Ord. NS-7 44 § 5, 2005; Ord. NS-4 § 1, 1988; Ord. 1240 § 1,
1981; Ord. 1213 § 2, 1979)
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 council meeting, shall be grouped together for ac-
tion and listed under the consent calendar, when such matters are considered to be noncontroversial 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 con-
sent 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 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. 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.
The written agenda available to the public and to the city council shall provide the following notice of expla-
nation to the public concerning the consent calendar:
All matters listed under CONSENT CALENDAR are considered by the council to be routine and will be en-
acted by one motion in the form listed below. There will be no separate discussion of these items prior to the
time the Coun_cil 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. (Ord. 1213 § 2, 1979)
1.20.190 Presiding officer.
The mayor shall be the presiding officer at all meetings of the city council. (Ord. 1213 § 2, 1979)
1.20.200 Powers and duties of presiding officer.
The presiding officer may move, second, debate, and vote from the chair. The presiding officer shall not be
deprived of any of the rights and privileges of a council member by reason of acting as presiding officer. The
presiding officer or such person as the presiding officer may designate may verbally restate each question
immediately prior to calling for the vote. 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
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and decorum at all meetings. He or she 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 the pre-
siding officer's signature which were adopted in his or her presence, unless the presiding officer is unavaila-
ble, in which case an alternate presiding officer may sign such documents. (Ord. 1213 § 2, 1979)
1.20.210 Gaining the floor.
Every council member desiring to speak shall first address the chair, gain recognition by the presiding of-
ficer, and shall confine him or herself to the question under debate, avoiding reference to character and in-
decorous language. (Ord. 1213 § 2, 1979)
1.20.220 Questions to the staff.
Every council member desiring to question the city staff shall, after recognition by the presiding officer, ad-
dress his or her questions to the city manager, or the city attorney, who shall be entitled either to answer the
inquiry him or herself or to designate a member of his or her staff for that purpose. (Ord. 1213 § 2, 1979)
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 un-
less the speaker chooses to yield to a question by another council member. If a council member while
speaking is called to order, the council member shall cease speaking until the question of order is deter-
mined, and if determined to be in order, the council member may proceed. Members 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. (Ord. 1213 § 2, 1979)
1.20.240 Points of order.
The presiding officer shall determine all points of order subject to the right of any council 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. (Ord. 1213 § 2, 1979)
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 the council member's integrity, character or motives are questioned or where the welfare of
the council is concerned. A council member raising a point of personal privilege may interrupt another coun-
cil member who has the floor only if the presiding officer recognizes the privilege. (Ord. 1213 § 2, 1979)
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 privilege of closing debate, subject to a council majority ruling that debate
should continue. (Ord. 1213 § 2, 1979)
1.20.270 Calling the question.
A member of the council who wishes to terminate discussion of a motion may call for the question. If the call
is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the
motion without further discussion. (Ord. 1213 § 2, 1979)
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1.20.280 Protest against council action.
Any council member shall have the right to have the reasons for his or her dissent from, or 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 ... " (Ord. 1213 § 2, 1979)
1.20.290 Request to address the council on items other than listed public hearing.
A It is the policy of the council to permit limited presentations by members of the public on nonpublic
hearing agenda items. The presiding officer may, in the absence of objection by a majority of the coun-
cil members present, decline to permit such presentations on any particular nonpublic hearing item.
B. Any person or group of persons desiring to address the council on a non hearing matter must file a writ-
ten request for permission to address the council which must be filed with the city clerk in advance of
the council's consideration of that item. The presiding officer, with the unanimous consent of the coun-
cil, may allow a person who has not filed such a request to address the council.
C. Each person desiring to address the council shall approach the podium, state the subject that the per-
son wishes to discuss, city of residence, and the person's name and/or party he or she is representing
(unless otherwise determined by the city attorney to be unnecessary). A speaker's remarks are limited
to five minutes but may be shortened to three minutes or such shorter time as appropriate under the
circumstances and when announced by the mayor or at the commencement of the item when, in the
opinion of the mayor or majority of the city council, the length and duration of public comments on a
public hearing item would be unduly burdensome and prevent or frustrate the city council from reach-
ing a timely decision on the matter. All remarks shall be addressed to the council as a whole and not to
any member thereof. No questions shall be asked of a council member or a member of the city staff
without obtaining the permission of the mayor. The mayor shall not permit any communication, oral or
written, to be made or read where it does not bear directly on the agenda item then under discussion.
D. After a motion has been made, no member of the public shall address the council from the audience on
the matter under consideration without first securing permission to do so by a majority vote of the city
council.
E. No person shall address the council without first securing the permission of the presiding officer. (Ord.
CS-96 § 1, 2010; Ord. NS-770 § 1, 2005; Ord. 1222 § 1, 1979; Ord. 1213 § 2, 1979)
1.20.300 Purpose and intent-Addressing the council.
Our society has long recognized that it is important for citizens of any community to have the ability to ad-
dress their elected officials. To that end, the City of Carlsbad has enacted decorum ordinances to facilitate
such activities at council meetings. These ordinances are designed to allow for public input but retain the
recognition that city business and the needs of all the people necessarily require some limitations. Clearly,
the more orderly a meeting, the more time members of the council will have to adequately consider and ad-
dress any issues raised. Dissent at public meetings is also a recognized concept in a free society. It is one
of the ways in which concerns about pending issues can be expressed, and without which the nature or ex-
tent of those concerns might result in less than informed decisions. But it is equally important to recognize
that dissent is not without limitations. If anyone who wished to move a public meeting toward a particular
position could disrupt the proceedings whenever they felt moved to do so, the rights of all others and the
business of a city would soon stagnate and the actions themselves would tend to imperil the very freedoms
we all seek. It is therefore important to remember that no one has a constitutional right to disrupt a public
meeting by attempting to impose their own voice or actions in a manner that is loud, boisterous, or unruly
where such conduct is substantially disruptive of the meeting itself, not in compliance with the rules set forth
for the governance of the such meetings, and continues after the mayor has requested the person or per-
sons to stop. The issue in such cases is not about the content of speech, unless the content itself violates
the law, but rather with the extent of disruption caused to the meeting itself by the manner and conduct of
the speaker's actions. (Ord. CS-153 § 3, 2011)
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1.20.302 Addressing the council-Spokesperson for group of persons.
A. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons
wishes to address the council on the same subject matter, it shall be proper for the presiding officer to
require that a spokesperson be chosen from the group to address the council. If additional 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 spokesperson.
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 10 minutes. The presiding officer 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. (Ord. CS-153 § 2, 2011;
Ord.1213§2, 1979)
1.20.305 Opportunity for public to address the council-Nonagenda items.
A. Every agenda for a regular council meeting shall provide a period for members of the public to address
the council on items of interest to the public that are not on the agenda but are within the jurisdiction of
the city council.
B. Speakers shall be limited to three minutes each with the total time for all speakers not to exceed 15
minutes unless additional time is granted by majority vote of the council. Anyone desiring to speak
shall reserve time at the meeting by filing a written request with the city clerk. Speakers will be called in
the order reserved within the available time. The mayor with the consent of the council may, if time
permits, allow persons to speak who have not filed a written request to reserve time.
C. Each person desiring to address the council shall approach the podium, state the subject he or she
wishes to discuss, city of residence, and person's name and/or party the person is representing (unless
otherwise determined by the city attorney to be unnecessary). All remarks shall be addressed to the
council as a whole and not to any member thereof. No questions shall be asked of a council member
or a member of the city staff without obtaining the permission of the presiding officer. The presiding of-
ficer shall not permit any communication, oral or written, to be made or read where it is not within the
subject matter jurisdiction of the city council. (Ord. NS-770 §§ 2, 3, 2005; Ord. 1292 § 9, 1986)
1.20.310 Decorum and order-Council and city staff.
While the council is in session, the council members and city staff shall observe good order and decorum
and shall not by conversation or otherwise, improperly delay or interrupt the proceedings nor refuse to obey
the directives of the mayor as authorized under this chapter. (Ord. CS-153 § 4, 2011; Ord. 1213 § 2, 1979)
1.20.320 Public attendance and audience-Decorum and order.
Members of the public attending council meetings shall observe the same rules of order and decorum appli-
cable to the city council and staff. Any person wishing to address the, council is responsible for familiarizing
him or herself with the rules and ordinances applicable to council meetings. Copies of those requirements
are available on file in the office of the city clerk and on the city's website. (Ord. CS-153 § 5, 2011; Ord.
1213 § 2, 1979)
1.20.330 Enforcement of decorum.
A. The chief of police or such member of the police department as the chief, or authorized agent, may
designate, shall be sergeant-at-arms of the city council and said person shall attend meetings at the
request of the mayor, the city manager, or a majority of the city council. The sergeant-at-arms shall be
available to respond to all meetings immediately upon call. The sergeant-at-arms shall carry out all or-
ders authorized under this chapter that are given by the mayor for the purpose of maintaining order
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and decorum at the council meetings. The sergeant-at-arms may, at any time, request assistance from
other members of the police department to accomplish that purpose. Any council member may move to
require the mayor to enforce the rules, and the affirmative vote of a majority of the council members
present shall require him or her to do so.
B. Any person, including any member of the council or city staff, who by voice or conduct engages in loud,
boisterous, or unruly behavior that substantially disrupts a council meeting, that does not comply with
the rules of set forth in this chapter for governance of such meeting, and continues after the mayor has
requested such person(s) to stop, is engaging in unlawful conduct and, except as set forth in subsec-
tions C and D of this section, shall constitute an infraction.
C. Any person arrested under subsection B of this section and who thereafter returns to the same meeting
and again violates the provisions of subsection B of this section, commits a misdemeanor.
D. Any person previously convicted under subsection B of this section, who again violates the provisions
of subsection B of this section, commits a misdemeanor. (Ord. CS-153 § 6, 2011; Ord. 1213 § 2, 1979)
1.20.340 Voting procedures.
A 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."
B. The council may at any time, or from time to time, dispense with the use of the voting light system by
voice vote of the majority. In such an event, voting shall be conducted by voice vote until such time as
a determination is made to again use the voting light system, or some other system.
C. When the council is voting the voice vote, a negative vote shall be registered by the oral statement of
"NO" by the council member voting. Affirmative vote shall be registered by the oral statement of "YES"
or "AYE" by the council member voting. (Ord. 1213 § 2, 1979)
1.20.350 Disqualification for conflict of interest.
If a council member has reason to think a conflict of interest may exist, the council member shall give the
facts of the matter to the city attorney and request advice thereon prior to the meeting. Any council member
who is disqualified from voting on a particular matter by the reason of a conflict of interest or a potential con-
flict of interest and immediately prior to the consideration of matter, shall:
A Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of in-
terest in detail sufficient to be understood by the public, except that disclosure of the exact street ad-
dress of a residence is not required.
B. Recuse himself or herself from discussing and voting on the matter.
C. Leave the room until after the discussion, vote and any other disposition of the matter is concluded,
unless the matter has been placed on the consent calendar.
D. A council member may address the council notwithstanding a conflict during the time that the general
public speaks on the issue.
A council member stating such disqualification shall not be counted as a part of a quorum and shall be con-
sidered absent for the purpose of determining the outcome of any vote on such matter. (Ord. NS-659 § 1,
2003; Ord. 1213 § 2, 1979)
1.20.360 Failure to vote.
Every council member should vote unless disqualified by reason of conflict of interest. A council member
who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.
(Ord. 1213 § 2, 1979)
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1.20.370 Tie vote.
Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action," and the mat-
ter voted upon remains before the council and is subject to further council consideration. If the city council is
unable to take action on a matter before it because of a tie vote or the lack of the required number of votes,
the city clerk shall place the item on the next regular meeting of the city council for further consideration ex-
cept matters involving development applications which are before the council by virtue of a recommendation
or appeal from the planning commission or design review board, in which case if a final decision of the city
council is not reached within a reasonable time, not to exceed, 60 days, the matter shall be deemed denied.
During this 60-day period, any council member may make a written request that the matter be restored to
the council's agenda. (Ord. NS-626 § 1, 2002; Ord. 1213 § 2, 1979)
1.20.380 Changing vote.
A council member may change his or her vote only if a timely request to do so is made immediately following
the announcement of the vote by the presiding officer and prior to the time the next item in the order of busi-
ness is taken up. A council member who publicly announces that he or she is abstaining from voting on a
particular matter shall not subsequently be allowed to withdraw his or her abstention. (Ord. 1213 § 2, 1979)
1.20.390 Reconsideration.
A A motion to reconsider any 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 in this section shall be construed to prevent any council member from making
or remaking the same or any other motion at a subsequent meeting of the council.
B. A motion to rescind, repeal, cancel or otherwise nullify prior council action shall be in order at any sub-
sequent meeting of the council. The effect of such action shall operate prospectively and not retroac-
tively and shall not operate to adversely affect individual rights which may have been vested in the in-
terim. (Ord. 1213 § 2, 1979)
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 or her own initiative. (Ord. 1213 § 2, 1979)
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 re-
quest, this section shall constitute a waiver by the council of such reading. (Ord. 1213 § 2, 1979)
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 hear-
ing will be held in accordance with the rules and procedures set forth in this chapter. Nothing in this
chapter 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 in this chapter shall prohibit or limit any member of the
public from addressing the council in accordance with the procedures provided for in this chapter, irre-
spective 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 agen-
da at that time, or as soon thereafter as practicable. If the hearing is continued to a time less than 24
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hours after the time specified in the notice of such hearing a notice of continuance shall be posted im-
mediately after the meeting on the council chamber doors. (Ord. 1292 § 10, 1986; Ord. 1213 § 2, 1979)
1.20.430 Public hearings-Procedure.
A The presiding officer shall announce that it is the time and place for a public hearing scheduled on the
agenda.
B. Prior to all city council public hearings, copies of the council's agenda with attachments, including the
staff report, if any, shall be available at the office of the city clerk at least 24 hours prior to commence-
ment of the hearing; provided, however, the council may allow in its discretion the filing of supple-
mental reports which shall be made public at the commencement of the hearing.
C. The order of the hearing shall be as follows unless otherwise required by law:
1. Presentation of staff and/or planning commission report;
2. Questions from the council;
3. Presentation by the applicant, if any;
4. Testimony of people in favor;
5. Testimony of people in opposition;
6. Rebuttal of applicant.
D. An individual speaker shall be allowed five minutes to address the city council except it may be short-
ened to three minutes or such other time limit as appropriate when announced by the mayor at the
commencement of the public hearing when, in the opinion of the mayor or majority of the city council,
the length and duration of the public testimony would be unduly burdensome and prevent or frustrate
the city council from reaching a timely decision on the matter. In addition:
1. A written request to speak shall not be required;
2. The time limit for groups shall be 20 minutes;
3. The applicant shall have 20 minutes.
E. The presiding officer may, dependent upon the necessity for insuring adequate presentation of testi-
mony and evidence to provide a fair hearing, set longer time limits than otherwise allowed by this chap-
ter. The decision of the presiding officer may be appealed to the council. (Ord. CS-096 § 2, 201 O; Ord.
1213 § 2, 1979)
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 of the record. The presiding officer, or any member of the council
through the presiding officer, may require the city clerk to swear any person giving evidence at the time
of the hearing on the matter under consideration, if in the opinion of the presiding officer or any mem-
ber of the council, the oath is necessary. Evidence received at public hearings provided for in this ordi-
nance shall be relevant and material to the issues before the council; provided, however, that the rules
of evidence as established by the Evidence Code for the State of California shall be substantially re-
laxed in order to afford a full presentation of the facts essential for judicious consideration by the coun-
cil of the matter which is the subject of the public hearing. Failure on the part of the city council to strict-
ly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect
the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties
shall be disregarded. The council may order the city clerk to issue, and the chief of police or repre-
sentative to serve, subpoenas for any witnesses or records necessary for the production of evidence at
any duly scheduled public hearing as provided for in this chapter. Any person, other than a member of
the council, who wishes to direct question(s) to an opposing witness shall submit such question(s) to
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the presiding officer, who will ask the question(s) to the witness. The presiding officer may at his or her
discretion restrict the number and nature of any questions asked pursuant to this section.
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 orally 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, they
shall be displayed in full view of the participants and the audience;
3. 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;
4. Information obtained outside the council chambers, such as a view of the site, provided such in-
formation, to the extent it is relied upon, shall be disclosed for the record.
C. All exhibits, reports, maps and other physical evidence placed before the council shall be retained by
the city clerk as public records. Such exhibits may be released by the clerk with the approval of the city
attorney. (Ord. 1213 § 2, 1979)
1.20.450 Public hearings-Continuation.
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 or her opponents, 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 contin-
ued in the event the matter is to be returned to the planning commission for further consideration. In this
event, the presiding officer shall publicly state in open council meeting the fact that the matter has been re-
turned to the planning commission for consideration and that the council hearing will be continued on a date
certain. The public announcements provided for in this section shall constitute notice to the applicant and his
or her opponents of time and place when further evidence will be taken by the council. The council shall also
have the option to set the matter to a hearing de novo. (Ord. 1213 § 2, 1979)
1.20.460 Public hearings-Closing.
When neither the applicant, his or her opponents, nor the city staff have further evidence to produce, or
when 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 ap-
pears that good cause exists to hear further evidence concerning the matter which is the subject of the pub-
lic hearing. (Ord.1213§2, 1979)
1.20.470 Public hearings-Reopening.
A public hearing on any matter once closed cannot be reopened on the date set for hearing unless the pre-
siding officer determines that all persons who were present when the hearing closed are still present. Noth-
ing in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any sub-
sequent 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 or her opponents designating the time and place of said
reopening. (Ord. 1213 § 2, 1979)
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1.20.480 Public hearings-Decision.
A The city council shall consider all evidence properly before them in accordance with this chapter. The
council shall then indicate its intended decision and instruct the city attorney to return with the docu-
ments 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 be-
fore it at the hearing, and if the decision is supported by the findings, and after making any changes
render its decision by taking action on the documents. The city council's decision is not final until adop-
tion of the documents.
B. A council member who was absent from all or a part of a public hearing shall not participate in a deci-
sion on the matter unless the council member has examined all the evidence, including listening to a
recording of the oral testimony or reviewing a videotape or other electronic medium of the proceedings
and can represent that he or she has a full understanding of the matter. (Ord. NS-709 § 2, 2004; Ord.
1213 § 2, 1979)
1.20.490 Motions.
A A motion is the formal statement 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.
B. If a motion contains two or more divisible propositions, the presiding officer may divide the same.
C. If a motion is properly made, the presiding officer shall call for a second. No further action is required
on a motion which does not receive a second.
D. When a motion is made and seconded, it shall be restated by the mayor before a vote.
E. A motion once before the council may not be withdrawn by the maker without the consent of the sec-
ond. (Ord. 1213 § 2, 1979)
1.20.500 Precedence of motions.
A When a main motion is before the council, no motion shall be entertained except the following which
shall have precedence, one over the other, in the following order:
1. Adjourn;
2. Recess;
3. Table;
4. Previous question;
5. Limit or extend debate;
6. Refer to committee or staff;
7. Substitute;
8. Amend;
9. Postpone;
10. Main motion.
B. The order of preference in subsection A of this section is subject to the following restrictions:
1. A motion shall not be in order which repeats a motion made previously at the same meeting un-
less there has been some intervening council action or discussion.
2. A motion shall not be in order when the previous question has been ordered.
3. A motion shall not be in order while a vote is being taken.
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4. A motion shall not be in order when made as an interruption of a council member while speaking.
(Ord. 1213 § 2, 1979)
1.20.510 Particular motions, purpose and criteria.
The purpose and salient criteria of the motions listed in Section 1.20.500 is as follows:
A. Motion to adjourn:
1. Purpose. To terminate a meeting.
2. Debatable or Amendable. No, except a motion to adjourn to another time is debatable and
amendable as to the time to which the meeting is to be adjourned.
B. Motion to recess:
1. Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meet-
ing.
2. Debatable or Amendable. Yes, but restricted as to time or duration of recess.
C. Motion to table:
1. Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be
taken up again for consideration during the current meeting or at the next regular meeting.
2. Debatable or Amendable. It is debatable but not amendable.
D. Motion for previous question:
1. Purpose. To prevent or stop discussion on the pending question or questions and to bring such
question or questions to vote immediately. If the motion passes, a vote shall be taken on the
pending motion or motions.
2. Debatable or Amendable. No.
E. Motion to limit or extend debate:
1. 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.
2. Debatable or Amendable. Not debatable; amendments are restricted to period of time of the pro-
posed limit or extension.
F. Motion to refer to committee or staff:
1. Purpose. To refer the question before the council to a committee or to the city staff for the pur-
pose of investigating or studying the proposal and to make a report back to the council. If the mo-
tion fails, discussion or vote on the question resumes.
2. Debatable or Amendable. Yes.
G. Substitute motion:
1. Purpose. To strike out the 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.
2. Debatable or Amendable. The substitute motion is left unacted on until the 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 mo-
tion is voted upon and, if adopted, strikes the main motion.
H. Amend:
1. Purpose. To modify or change a motion that is being considered by the council so that it will ex-
press more satisfactorily the will of the members. If the motion passes, then the main motion
should be voted on as amended.
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2. Debatable or Amendable. It is debatable unless applied to an undebatable main motion. It is
amendable.
I. Motion to postpone:
1. 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.
2. Debatable or Amendable. It is debatable but not amendable.
J. Main motion:
1. Purpose. The primary proposal or question before the council for discussion and decision.
2. Debatable or Amendable. Yes. (Ord. 1213 § 2, 1979)
1.20.520 Resolutions.
In most cases, a resolution is little more than a formal motion set forth in a formal document. In some mat-
ters, 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 circumstances 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. A
majority of the quorum shall be competent to adopt any resolution. (Ord. CS-001 § 1, 2008; Ord. 1213 § 2,
1979)
1.20.530 Legislative action.
All legislative action undertaken by the city council shall be by means of an ordinance or resolution. Legisla-
tion 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. (Ord.
1213 § 2, 1979)
1.20.540 Resolutions-Adoption.
A. Where a particular resolution has been prepared and is before the council, it shall be adopted by mo-
tion, 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. Upon request of any member of the council, the resolution shall 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 motion form together with instructions for
written preparation. Upon execution of such a resolution, it shall become an official action of the coun-
cil. (Ord. 1213 § 2, 1979)
1.20.550 Ordinances-Adoption.
An ordinance shall be introduced by motion after a reading of the title. If passed, it shall be returned for fur-
ther council action at 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 voted, by majority vote, to
waive such reading. (Ord. NS-275§ 1, 1994; Ord.1213§2, 1979)
1.20.560 Correction of documents.
Upon occasion, ordinances or other documents are submitted in draft form, or on the spot amendments oc-
cur, or typographical or other technical errors are found which necessitate retyping of the document; such
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redraft, when properly executed, shall become the original document, to be effective and to be retained in
the files of the city clerk. (Ord. 1213 § 2, 1979)
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. (Ord. 1213 § 2, 1979)
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 particu-
lar matters of a recurring nature which are subject to their discretion. Policies shall be numbered and dated
and shall remain in effect until rescinded. (Ord. 1213 § 2, 1979)
1.20.590 Failure to observe procedures-Waiver.
A 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 other-
wise held in conformity with law.
B. A failure on the part of any person to register a timely objection to the procedures of this chapter at the
public hearing or other proceedings shall constitute a waiver of all such objections. (Ord. 1241 § 1,
1981; Ord. 1213 § 2, 1979)
1.20.600 Appeals procedure.
Where no specific appeals procedure exists for any decision of a commission, committee or person which
substantially affects the rights, duties or privileges of an aggrieved person, such decision may be appealed
to the city council by filing a written notice of appeal with the city clerk within 10 calendar days of the date of
the decision. Fees for filing an appeal shall be established by resolution of the city council. The decision of
the city council shall be final. (Ord. NS-176 § 1, 1991)
1.20.610 Ordinances-Effective date.
Ordinances will take effect 30 days after their final passage. An ordinance may take effect immediately upon
passage if it is an ordinance:
A Relating to an election.
B. Relating to street improvement proceedings.
C. Relating to taxes for the usual and current expenses of the City of Carlsbad.
D. Covered by a particular provision of law or charter prescribing the manner of its passage and adoption.
E. In any other instance, if a majority of the city council determines that there is an urgent need to adopt
an ordinance which is effective immediately and a delay in the effective date would constitute an un-
necessary expenditure or loss of city funds or otherwise adversely affect the public health, safety or
general welfare then the ordinance will take effect immediately upon its final passage. (Ord. CS-009 §
1, 2008)
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Sections:
1.24.010
1.24.020
1.24.030
1.24.040
1.24.050
1.24.060
1.24.070
Chapter 1.24
EXPENDITURE LIMITATION
Purpose and intent.
Definitions.
Vote required.
Determination of cost.
Guidelines.
Exemption for certain projects.
Amendment or repeal.
1.24.010 Purpose and intent.
The acquisition and/or development of real estate by the city has profound financial impacts upon the budget
of the city and upon the tax burden imposed upon the taxpayers.
The city's financial resources have become more constrained as a result of the passage of recent constitu-
tional amendments such as Proposition 13 and the Gann Initiative Spending Limitation, thereby increasing
the significance and importance of decisions by the city to spend large amounts of money to purchase or
develop real property.
In the absence of the provisions of this chapter requiring voter approval for major land acquisition or devel-
opment projects by the city these decisions are often made without adequate public review and comment in
the context of an overall capital improvements program.
It is the intent of this chapter to provide the citizens and taxpayers of Carlsbad with an opportunity to express
directly their preference by vote prior to major city expenditures for the purchase or development of land.
It is not the intent of this chapter to interfere with the normal day-to-day administration of the city or with rou-
tine ongoing capital expenditures. (Ord. 1255 § 1, 1982)
1.24.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the following definitions:
A. "Effective date" means the date on which the proposed ordinance codified in this chapter was adopted
by the city council or was passed by the voters at the polls, whichever occurs first.
B. "Real property acquisition" means the purchase or lease of any real property, improved or unimproved,
within or without the corporate limits of the city to be paid for in whole or in part by city funds.
C. "Improvement to real property" means the actual physical construction of improvements on real proper-
ty owned, leased, or controlled by the city, or the modification, enlargement, or alteration of existing
improvements on such property.
D. "City funds" mean City of Carlsbad general fund moneys; federal general revenue sharing moneys and
all other moneys, but shall not include categorical federal and state grants available to the city for spe-
cific purposes. City funds shall not include special assessments. (Ord. 1255 § 1, 1982)
1.24.030 Vote required.
The city shall make no real property acquisition and/or no improvement to real property the cost of which
exceeds one million dollars in city funds, unless the proposed acquisition and/or improvement project and
the cost in city funds is first placed upon the ballot and approved by a majority of the voters voting thereon at
an election. A project may not be separated into parts or phases so as to avoid the effects of this chapter.
(Ord. 1255 § 1, 1982)
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1.24.040 Determination of cost.
In determining whether or not the cost in city funds of a proposed real property acquisition or improvement to
real property exceeds one million dollars, the following costs shall be included:
A. The purchase price of the real estate, including improvements, or the present value of a lease, as ap-
propriate;
B. The contract price of the improvements;
C. All preliminary studies and reports directly related to the acquisition or improvement, including but not
limited to, environmental impact reports, architectural renderings, soils analyses, engineering work,
and the like;
D. Finance cost, if any. (Ord.1255§ 1, 1982)
1.24.050 Guidelines.
The city council may adopt reasonable guidelines to implement this chapter following notice and public hear-
ing. (Ord. 1255 § 1, 1982)
1.24.060 Exemption for certain projects.
This chapter shall not apply to any real property acquisition or improvement to real property which has ob-
tained a vested right as of the effective date of the ordinance codified in this chapter. For purposes of this
chapter, a "vested right" shall have been obtained if each of the following is met:
A. The proposed project has received its final discretionary approval; and
B. Substantial expenditures have been made in good faith reliance on the final discretionary approval;
and
C. Substantial construction has been commenced in good faith reliance on the final discretionary approv-
al, where construction is contemplated.
Whether or not a vested right has been obtained in a particular case is a question of fact to be determined
on a case-by-case basis by the city council following notice and public hearing. (Ord. 1255 § 1, 1982)
1.24.070 Amendment or repeal.
This chapter may be amended or repealed only by a majority of the voters voting at an election thereon.
(Ord. 1255 § 1, 1982)
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Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council
2.06 Mayor
2.08 Officers-Employees Generally
2.12 City Manager
2.14 City Attorney
2.16 Board of Library Trustees
2.18 Carlsbad Arts Commission
2.20 Chief Operations Officer
2.24 Planning Commission
2.28 Traffic Safety Commission
2.36 Parks and Recreation Commission
2.38 Senior Commission
2.40 Housing Commission
2.42 Historic Preservation Commission
2.44 Personnel
2.48 Employer-Employee Relations
2.52 Access to Criminal Records
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Sections:
2.04.010
2.04.020
2.04.030
2.04.050
2.04.060
Chapter 2.04
CITY COUNCIL
Compensation.
Elected mayor-Additional compensation.
Vacancies in office.
Reorganization of the city council.
Eligibility for office.
2.04.01 O Compensation.
A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the
effective date of this ordinance. Adjustments to city council compensation may be made from time to
time by ordinance amending this section.
B. The compensation established by this section is exclusive of any amounts payable to each member of
the city council as reimbursement for actual and necessary expenses incurred in the performance of
official duties for the city. (Ord. CS-269 § I, 2015; Ord. CS-024 § I, 2009; Ord. NS-858 § 1, 2007; Ord.
NS-792 § 1, 2006; Ord. NS-689 § 1, 2004; Ord. NS-615 § 1, 2001; Ord. NS-528 § 1, 2000; Ord. NS-
442 § 1, 1998; Ord. NS-363 § 1, 1996; Ord. NS-122 § 1, 1990; Ord. NS-28 § 1, 1988; Ord. 1293 § 1,
1987; Ord. 1289 § 1, 1986; Ord. 1272 § 1, 1984; Ord. 1243 § 1, 1982; Ord. 1227 § 1, 1980; Ord. 1213
§ 1, 1979; Ord. 1207 § 1, 1978; Ord. 1188 § 1, 1976; Ord. 1095-A§ 1)
2.04.020 Elected mayor-Additional compensation.
The mayor, elected pursuant to Sections 34900 to 34904 inclusive of the Government Code, shall receive
additional compensation of $100.00 per month in addition to the compensation the mayor receives as a
member of the city council. This additional compensation may be amended from time to time by the adoption
of an ordinance amending this section. (Ord. CS-024 § II, 2009; Ord. 1243 § 1, 1982; Ord. 1213 § 1, 1979;
Ord. 1188 § 2, 1976)
2.04.030 Vacancies in office.
A. This section is adopted pursuant to Article XI Section 5 of the California Constitution for charter cities
which provides plenary authority for the conduct of local elections. If a vacancy occurs in an elected of-
fice of a member of the city council, the city clerk or city treasurer the council shall, within 60 days of
the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill
the vacancy, provided, however, that when petitions bearing 10% of the verified signatures of regis-
tered voters are presented to the city clerk, a special election shall be called. A person appointed by
the council to fill a vacancy in such circumstances, shall hold office until the date of the special elec-
tion. The special election shall be held on the next regularly established election date not less than 114
days from the call of the special election. A person appointed, when no special election has been
called, or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
B. If the council fails to fill the vacancy within 60 days, it shall immediately call an election to fill the vacan-
cy, to be held on the next established election date not less than 114 days thereafter.
C. Notwithstanding anything herein to the contrary, when a vacancy occurs in elected office prior to the
close of the nomination period, the vacancy shall be filled by the general election regardless of whether
or not the vacancy is filled by appointment by the city council. (Ord. CS-100 § 1, 2010; Ord. CS-044 §
1, 2009; Ord. NS-836, 2007; Ord. NS-529 § 1, 2000; Ord. NS-256 § 1, 1993; Ord. NS-223 § 1, 1993;
Ord. 1253 § 1, 1982)
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2.04.050 Reorganization of the city council.
At the meeting when the general election results are certified by the county clerk or city clerk, as appropri-
ate, or as soon as reasonably practicable thereafter, the city council shall meet for the purpose of appointing
individual members of the city council to boards, commissions, committees or other bodies as the council
may find necessary for its reorganization and effective functioning. (Ord. NS-563 § 1, 2000; Ord. 1258 § 1,
1982)
2.04.060 Eligibility for office.
A. A person is not eligible to hold office as a member of the city council unless that person is, at the time
of assuming such office, an elector of the City of Carlsbad.
B. Notwithstanding Government Code Section 53227 or any successor statute regulating the eligibility of
a local agency employee to serve on the legislative body of that agency, a city council member may
simultaneously serve, without compensation, as a volunteer police officer subject to all federal and
state laws, municipal ordinances and rules and regulations of the police department. (Ord. CS-023 § 1,
2009)
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Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.050
2.06.060
2.06.070
2.06.080
2.06.090
2.06.010
Term of office.
Presiding at meetings.
Keeping order.
Mayor as council member.
Signing various documents.
Ceremonial duties.
Appointments.
Vacancy in office.
Eligibility for office.
Term of office.
Chapter 2.06
MAYOR
In accord with a vote of the citizens of the city, the office of mayor shall be an elected office. The person
elected as mayor shall hold office for a term of four years from the first Tuesday succeeding his or her elec-
tion and until his or her successor is elected and qualified. (Ord. 1258 § 3, 1982)
2.06.020 Presiding at meetings.
The mayor shall assume the chair of the presiding officer on the first Tuesday after the election and thereaf-
ter shall preside at all meetings of the city council. The mayor shall state every question coming before the
council, announce the decision of the council on all subjects and decide all questions of procedure and or-
der, subject, however, to an appeal to the council by any individual member of the council, in which event a
majority vote of the council shall govern and conclusively determine such question. (Ord. 1258 § 3, 1982)
2.06.030 Keeping order.
The mayor shall preserve strict order and decorum at all meetings of the city council. (Ord. 1258 § 3, 1982)
2.06.040 Mayor as council member.
The mayor is a member of the city council with all the powers and duties of a member of the city council.
The mayor may make or second motions and otherwise participate fully in the workings of the city council.
The mayor shall vote on all questions. Whenever the vote is taken by means of a roll call, the mayor's name
shall be called last. (Ord. 1258 § 3, 1982)
2.06.050 Signing various documents.
The mayor shall sign:
A. All warrants drawn on the city treasury;
B. All written contracts and conveyances made or entered into by the city as specified in Chapter 3.28;
C. All instruments requiring the city seal.
The city council may by ordinance authorize other officers of the city to sign such documents if the mayor
and mayor pro tempore are both absent or unable to act. (Ord. 1258 § 3, 1982)
2.06.060 Ceremonial duties.
The mayor shall be the official head of the city for all ceremonial purposes, and shall perform all other duties
as may be prescribed by ordinance or by the council consistent with the office. (Ord. 1258 § 3, 1982)
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2.06.070 Appointments.
The appointments shall be made by the mayor with city council concurrence except for the planning com-
mission (CMC 2.24.020) and historic preservation commission (CMC 2.42.020) which are appointed by a
majority of the city council. If a mayoral appointment, the item will be listed on the agenda under consent
calendar and will list the board, commission, and committee with vacancy and the name of person to be ap-
pointed. The city council will vote and if a majority concurs the appointment will be finalized and entered into
the meeting minutes. (Ord. CS-259 § 1, 2014; Ord. 1258 § 3, 1982)
2.06.080 Vacancy in office.
In the case of a vacancy in the office of the mayor for any reason, the city council shall, within 60 days of the
effective date of vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy,
provided, however, that when petitions bearing 10% of the verified signatures of registered voters are pre-
sented to the city clerk, a special election shall be called. If the city council fails to fill the vacancy within 60
days, it shall immediately call an election to fill the vacancy, to be held on the next established election date
to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office
for the unexpired term of the former incumbent. (Ord. CS-044 § 2, 2009; Ord. NS-836, 2007; Ord. 1296 § 2,
1987; Ord. 1258 § 3, 1982)
2.06.090 Eligibility for office.
A. A person is not eligible to hold office as mayor unless that person is, at the time of assuming such of-
fice, an elector of the city.
B. Notwithstanding Government Code Section 53227 or any successor statute regulating the eligibility of
a local agency employee to serve on the legislative body of that agency, the mayor may simultaneous-
ly serve, without compensation, as a volunteer police officer subject to all federal and state laws, mu-
nicipal ordinances and rules and regulations of the police department. (Ord. CS-023 § 2, 2009; Ord.
1258 § 3, 1982)
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Sections:
2.08.010
2.08.020
2.08.022
2.08.030
2.08.032
2.08.035
2.08.040
2.08.050
2.08.060
2.08.070
2.08.080
2.08.090
2.08.092
2.08.094
2.08.100
2.08.110
Chapter 2.08
OFFICERS-EMPLOYEES GENERALLY
Mayor pro tempore.
Compensation of city treasurer.
Qualifications of city treasurer.
Compensation of city clerk.
Qualifications of city clerk.
Definition of city engineer.
Officers' and employees' bonds.
Location of city offices-Office hours.
Vacation accrual, sick leave accrual and holiday pay.
Acceptance of state aid for training peace officers.
Removal of board and commission members.
Board and commission membership-Citizenship required.
Compensation.
Vacancies.
Delegation of authority to accept donations.
Public access to meetings.
2.08.010 Mayor pro tempore.
The city council shall meet on the first Tuesday after the general municipal election and choose one of its
members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve
as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor
pro tempore shall have all of the powers and duties of the mayor. (Ord. 1258 § 2, 1982; Ord. 1114 § 1, 1969;
Ord. 1005 § 1)
2.08.020 Compensation of city treasurer.
A. Effective January 1, 2007, the compensation of the city treasurer is fixed at the sum of $1,070.00 per
month payable biweekly.
B. In addition, the city treasurer shall receive an automobile allowance as established by resolution of the
city council. (Ord. NS-797 § 1, 2006; Ord. NS-725 § 1, 2004; Ord. NS-667 § 1, 2003; Ord. NS-601 § 1,
2001; Ord. NS-312 § 1, 1995; Ord. NS-80 § 1, 1989; Ord. 1286 § 1, 1985; Ord. 1265 § 1, 1983; Ord.
1232 § 1, 1980; Ord. 1162 § 1, 1973; Ord. 1109 § 1, 1968)
2.08.022 Qualifications of city treasurer.
No person is eligible to become a candidate for the office of city treasurer unless, at the time of the final filing
date for election, such person has a four-year college degree in finance or business-related field and four
years of financial work experience. (Ord. CS-080 § 1, 2010)
2.08.030 Compensation of city clerk.
A. Effective January 1, 2007, the compensation of the city clerk is fixed at the sum of $1,070.00 per
month, payable bi-weekly.
B. In addition, the city clerk shall receive an automobile allowance as established by resolution of the city
council. (Ord. NS-798 § 1, 2006; Ord. NS-726 § 1, 2004; Ord. NS-666 § 1, 2003; Ord. NS-600 § 1,
2001; Ord. NS-434 § 1, 1997; Ord. NS-80 § 1, 1989; Ord. 1286 § 1, 1985; Ord. 1265 § 1, 1983; Ord.
1232 § 2, 1980; Ord. 1162 § 1, 1973; Ord. 1109 § 2, 1968)
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2.08.032 Qualifications of city clerk.
No person is eligible to become a candidate for the office of city clerk unless, at the time of the final filing
date for election, he or she meets one of the following minimum criteria:
A Has obtained the designation of a certified municipal clerk from the International Institute of Municipal
Clerks.
B. Has two years of full-time, salaried work experience in either business administration or public admin-
istration and possesses a bachelor's degree from an accredited college or university. (Ord. CS-042 §
1, 2009)
2.08.035 Definition of city engineer.
The term "city engineer" as used in this Code is defined as the "engineering manager-land development,"
or designee, and is the person authorized to perform the functions of the city engineer as defined in Gov-
ernment Code Section 66416.5. (Ord. CS-164 § 4, 2011)
2.08.040 Officers' and employees' bonds.
A Wherever individual bonds are required for specified officers or employees of the city, they may be
provided in the form of a master official bond applicable to all other city officers and employees.
B. The city clerk, city treasurer and finance director shall provide honesty and faithful discharge bonds
regarding the duties imposed on their offices, in the amount recommended by the city attorney pursu-
ant to Government Code Section 36518 and as set forth in a resolution adopted by the city council.
C. The finance director is authorized and directed to pay the premium annually for any official bonds au-
thorized or required by this section. (Ord. NS-510 § 1, 1999; Ord. 1239 § 1, 1981; Ord. 1009 § 1; Ord.
1005 § 3)
2.08.050 Location of city offices-Office hours.
The office for the conduct of business of the city clerk, city treasurer and community and economic devel-
opment director shall be located in such place as the city council by resolution may establish. Such resolu-
tion shall be passed at least two weeks in advance of any change and to be published once in a legal news-
paper of general circulation of the city. Such office shall be kept open for the transaction of official business
between the hours of 8:00 a.m. and 5:00 p.m., Saturdays, Sundays and legal holidays excluded. (Ord. CS-
164 §§ 1, 14, 2011; Ord. NS-676 § 1, 2003; Ord. 1261 § 1, 1983; Ord. 1005 § 3)
2.08.060 Vacation accrual, sick leave accrual and holiday pay.
A Regular employees will accrue vacation and sick leave and be paid for city-recognized holidays in ac-
cordance with the memorandum of understanding applicable to them, as it may from time to time be
amended by the parties to it and approved by resolution of the city council.
B. Management employees will accrue vacation and sick leave and be paid for city-recognized holidays in
accordance with the management compensation plan, as it may from time to time be amended by
resolution of the city council.
C. Hourly and temporary employees will not accrue vacation and sick leave or be paid for city-recognized
holidays. (Ord. NS-793 § 1, 2006)
2.08.070 Acceptance of state aid for training peace officers.
The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of
Title 4, Part 4 of the California Penal Code. Pursuant to Section 13522 of such Chapter 1, the city while re-
ceiving aid from the state pursuant to such Chapter 1 will adhere to the standards for recruitment and train-
ing established by the commission on peace officer standards and training. (Ord. 3052 §§ 1, 2)
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2.08.080 Removal of board and commission members.
Appointees to all of the city's boards, commissions and committees shall serve at the pleasure of the city
council. Any member of a city board, commission or committee may be removed at any time by the affirma-
tive vote of three members of the city council. (Ord. NS-169 § 1, 1991; Ord. 1270 § 1, 1984)
2.08.090 Board and commission membership-Citizenship required.
It is a prerequisite for appointment to any city board, commission, or committee that the member be a resi-
dent of the city and a registered voter, except that members of the Carlsbad Tourism Business Improvement
District (CTBID) board of directors shall be assessees of the CTBID regardless of residency. (Ord. NS-824 §
1, 2006; Ord. NS-169 § 1, 1991; Ord. 1271 § 1, 1984)
2.08.092 Compensation.
Unless specifically appropriated and approved by the city council, all members of the city's boards, commis-
sions and committees shall serve without compensation. (Ord. NS-169 § 1, 1991)
2.08.094 Vacancies.
Members of the city's boards, commissions and committees shall serve until reappointed or until the mem-
ber's successor has been appointed, qualified and seated. If a vacancy occurs other than by the expiration
of a term, the vacancy shall be filled in the same manner as an original appointment. (Ord. NS-169 § 1,
1991)
2.08.100 Delegation of authority to accept donations.
The city manager shall have authority on behalf of the city to accept donations to the city in an amount or of
a value of up to $5,000.00. The city manager shall use the gift or may sell it and use the proceeds in ac-
cordance with the donor's intent. If there is no such intent, the money shall be added to the city's contingen-
cy account. Each month the city manager shall send to the city council a report of all donations that have
been accepted. (Ord. CS-221, 2013; Ord. 1295 § 1, 1987)
2.08.110 Public access to meetings.
A All meetings of the city's boards, commissions and committees shall be open to the public. If any board
or commission appoints a subcommittee, all meetings of the subcommittee shall be open to the public.
B. Notwithstanding subsection A of this section, a board, commission or committee may hold a closed
session provided they first obtain a written opinion from the city attorney that the closed session is al-
lowed under the provisions of the Brown Act. (Ord. NS-883 § 1, 2008; Ord. 1297 § 1, 1987)
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Sections:
2.12.005
2.12.010
2.12.015
2.12.025
2.12.030
2.12.035
2.12.040
2.12.110
2.12.115
2.12.125
2.12.130
2.12.135
2.12.140
2.12.145
Chapter 2.12
CITY MANAGER
Office created-Appointment.
Residency requirements.
Eligibility of councilmembers for position.
Manager pro tempore-Acting city manager.
Compensation.
Powers and duties.
Delegation of powers and duties.
Council-manager relations.
Departmental cooperation.
Attendance at commission meetings.
Removal of city manager.
Limitation on removal.
Agreements on employment.
Resignation.
2.12.005 Office created-Appointment.
The office of the city manager is created and established. The city manager shall be appointed by the city
council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold
office for and during the pleasure of the city council. (Ord. 1156 § 1, 1973; Ord. 1088 § 1; Ord. 1040 § 1)
2.12.01 O Residency requirements.
Residence in the city at the time of appointment of a city manager shall not be required as a condition of the
appointment, but within 180 days after reporting for work, the city manager must become a resident of the
city unless the city council approves his or her residence outside the city. (Ord. 1156 § 2, 1973; Ord. 1040 §
2)
2.12.015 Eligibility of councilmembers for position.
No member of the city council shall be eligible for appointment as city manager until one year has elapsed
after such council member has ceased to be a member of the city council. (Ord. 1156 § 3, 1973; Ord. 1040 §
2)
2.12.025 Manager pro tempore-Acting city manager.
The chief operations officer shall serve as manager pro tempore during any temporary absence or disability
of the city manager. In the event there is no chief operations officer, the city manager, by filing a written no-
tice with the city clerk, shall designate the assistant city manager or another qualified city employee to exer-
cise the powers and perform the duties of the city manager during his or her temporary absence or disability.
In the event the city manager's absence or disability extends beyond a two-month period, the city council
may, after the two-month period, appoint an acting city manager. Notwithstanding the aforementioned provi-
sions of this section, the city manager may, by filing a written notice with the city clerk, designate a qualified
city employee to exercise the powers and perform the duties of the city manager during his or her temporary
absence of a period less than two months. (Ord. CS-309 § 3, 2016; Ord. 1156 § 5, 1973; Ord. 1040 § 4)
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2.12.030 Compensation.
The city manager shall receive such compensation as the city council shall from time to time determine.
In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him or
her in the performance of his or her official duties.
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On termination of employment of the city manager by reason of involuntary removal from service other than
for wilful misconduct in office, the city manager shall receive cash severance pay in a lump sum equal to one
month's pay for each of the first three years of continuous service or fraction thereof as city manager, not to
exceed a total of three months' pay, such pay to be computed at the highest salary received by the city
manager during his or her service with the city. Involuntary removal from service shall include reduction in
pay not applicable to all employees of the city. (Ord. 1156 § 6, 1973; Ord. 1040 § 5)
2.12.035 Powers and duties.
The city manager shall be the administrative head of the government of the city under the direction and con-
trol of the city council except as otherwise provided in this chapter. The city manager shall be responsible for
the efficient administration of all the affairs of the city which are under his or her control. In addition to the
city manager's general powers as administrative head, and not as a limitation thereon, it shall be the city
manager's duty, and he or she shall have the powers set forth in the following subsections.
A. Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city
and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully
observed.
B. Authority Over Employees. It shall be the duty of the city manager, and he or she shall have the au-
thority to control, order, and give directions to all heads of departments and to subordinate officers and
employees of the city under his or her jurisdiction through their department heads.
C. Power of Appointment and Removal. It shall be the duty of the city manager to appoint, discipline, re-
move, promote and demote any and all officers and employees of the city, except the city clerk, city
treasurer and city attorney, and as provided in Section 2.44.050 of this title, subject to all applicable
personnel ordinances, rules and regulations.
D. Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to
conduct studies and effect such administrative reorganization of offices, positions or units under his or
her direction as may be indicated in the interest of efficient, effective and economical conduct of the
city's business.
E. Ordinances. It shall be the duty of the city manager and he or she shall recommend to the city council
for adoption such policies, measures and ordinances as the city manager deems necessary or expedi-
ent for the health, safety or welfare of the community.
F. Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the
city council unless at the city manager's request he or she is excused therefrom by the mayor individu-
ally or the city council, except when his or her removal is under consideration. The city manager may
take part in all matters coming before the council.
G. Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully ad-
vised as to the financial conditions and needs of the city and make such recommendations as the city
manager may deem desirable.
H. Budget and Salary Plan. It shall be the duty of the city manager to prepare and submit the proposed
annual budget and the proposed annual salary plan to the city council, with a message describing im-
portant features thereof, and be responsible for its administration after adoption.
I. Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expendi-
tures shall be submitted or recommended to the city council except on approval of the city manager or
authorized representative. The city manager, or authorized representative, shall be responsible for the
purchase of all supplies, materials and equipment for all the departments or divisions of the city for
which funds are provided in the annual budget, and prepare and submit to the council as of the end of
the fiscal year a complete report on the finances and administrative activities of the city for the preced-
ing year.
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J. Investigations and Complaints. It shall be the duty of the city manager to make investigations into the
affairs of the city and any department or division thereof, and any contract or the proper performance of
any obligations of the city; further, it shall be the duty of the city manager to investigate all complaints
in relation to matters concerning the administration of the city government and in regard to the service
maintained by public utilities in the city.
K. Public Buildings and City Property. It shall be the duty of the city manager, and he or she shall exercise
general supervision over all public buildings, public parks and all other public property, equipment and
supplies, which are under the control and jurisdiction of the city council.
L. Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise
such other powers as may be delegated to him or her from time to time by ordinance or resolution or
other official action of the city council.
The city manager shall also act as the executive manager for the municipal water district. The executive
manager shall be the administrative head for the water district and report directly to the board of directors.
(Ord. NS-793 § 2, 2006; Ord. NS-160 § 1, 1991; Ord. 1156 § 7, 1973; Ord. 1040 § 6)
2.12.040 Delegation of powers and duties.
Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by the city
council, all duties and powers granted to or imposed upon the city manager may be delegated by the city
manager to other officers, department heads or management employees of the city as the city manager
deems appropriate. (Ord. NS-793 § 3, 2006)
2.12.110 Council-manager relations.
The city council and its members shall deal with the administrative services of the city only through the city
manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give
orders or instructions to any subordinates of the city manager. The city manager shall take his or her orders
and instructions from the city council only when sitting in a duly convened meeting of the city council and no
individual councilmember shall give any orders or instructions to the city manager; however, any coun-
cilmember may, as an individual, request pertinent information on municipal affairs and citizen complaints
from the city manager and from department heads through the city manager. These requests will be an-
swered promptly. (Ord. 1156 § 9, 1973; Ord. 1040 § 21)
2.12.115 Departmental cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the
city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 1156 §
10, 1973; Ord. 1040 § 22)
2.12.125 Attendance at commission meetings.*
The city manager may attend any and all meetings of the planning commission, parks and recreation com-
mission, harbor commission, library commission, traffic safety commission and any other commissions,
boards or committees created by the city council, upon the city manager's own volition or upon direction of
the city council. At such meetings which the city manager attends, he or she shall be heard by such com-
missions, boards or committees as to all matters upon which the city manager wishes to address the mem-
bers thereof, and he or she shall inform the members as to the status of any matter being considered by the
city council, and the city manager shall cooperate to the fullest extent with the members of all commissions,
boards or committees appointed by the city council. (Ord. 1156 § 12, 1973; Ord. 1040 § 24)
Editor's Note: As to meetings of the library commission, see Section 2.16.025 of this code; as to meetings of the planning commis-
sion, see Section 2.24.040; as to meetings of the traffic safety commission, see Section 2.28.050; as to meetings of the parks and
recreation commission, see Section 2.36.060.
Quality Code Data 2/7/2017, Page 61
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2.12.130 Removal of city manager.
The removal of the city manager shall be effected only by a majority vote of the whole city council as then
constituted, convened in a regular council meeting. In case of the city manager's intended removal by the
city council, the city manager shall be furnished with a written notice citing the council's action to remove him
or her at least 30 days before the effective date of his or her removal. If the city manager so requests, the
city council shall provide in writing reasons for the removal, which shall be provided the city manager within
seven days after the receipt of such request from the city manager, and at least 15 days prior to the effective
date of such removal. After furnishing the city manager with written notice of removal, the city council may
suspend him or her from duty, but his or her compensation shall continue until the date of his or her removal
has been established by action of the council. The removal of the city manager is subject to the following
subsections:
A. Hearing. Within seven days after the delivery to the city manager of such notice of intention to remove,
the city manager may, by written notification to the city clerk, request a hearing before the city council.
Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting
place, but before the expiration of the 30-day period, at which the city manager shall appear and be
heard, with or without counsel.
B. Suspension Pending Hearing. After furnishing the city manager with written notice of intended removal,
the city council may suspend him or her from duty, but his or her compensation shall continue until his
or her removal by action of the council passed subsequent to the aforesaid hearing.
C. Discretion of Council. In removing the city manager, the city council shall use its uncontrolled discretion
and its action shall be final and shall not depend upon any particular showing or degree of proof at the
hearing, the purpose of which is to allow the city manager to present to the city council his or her
grounds of opposition to his or her removal prior to its action. (Ord. 1156 § 13, 1973; Ord. 1040 § 25)
2.12.135 Limitation on removal.
Notwithstanding the provision of Section 2.12.130, the city manager shall not be removed from office, other
than for misconduct in office, during or within a period of 90 days next succeeding any general municipal
election held in the city at which election a member of the city council is elected or when a new city coun-
cilmember is appointed. The purpose of this provision is to allow any newly elected or appointed member of
the city council or a reorganized city council to observe the actions and ability of the city manager in the per-
formance of the powers and duties of the city manager's office. After the expiration of the 90-day period, the
provisions of Section 2.12.130 as to the removal of the city manager shall apply and be effective. (Ord. 1156
§ 14, 1973; Ord. 1088 § 3; Ord. 1040 § 26)
2.12.140 Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter
into any supplemental agreement with the city manager delineating additional terms and conditions of em-
ployment not inconsistent with any provisions of this chapter. (Ord. 1156 § 15, 1973)
2.12.145 Resignation.
The city manager shall provide written notice, in the event of his or her resignation, to the city council at least
30 days prior to his or her termination date. The city council may waive this provision at their sole discretion.
(Ord. 1156 § 16, 1973)
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Sections:
2.14.010
2.14.020
2.14.030
2.14.040
2.14.050
2.14.060
2.14.070
2.14.080
2.14.090
2.14.100
2.14.110
2.14.120
2.14.130
2.14.140
Chapter 2.14
CITY ATTORNEY
Office created.
Appointment-Qualifications.
Eligibility of council members for position.
Compensation.
Powers and duties.
Council-city attorney relations.
Departmental cooperation.
Removal of city attorney.
Limitation on removal.
Agreements on employment.
Resignation.
Management and control of office.
Employment of special counsel.
Limitation upon private practice.
2.14.010 Office created.
The office of the city attorney is created and established. (Ord. 1212 § 1, 1978)
2.14.020 Appointment-Qualifications.
The city attorney shall be appointed by the city council wholly on the basis of his or her legal ability and ex-
perience, particularly in the municipal law field. The city attorney shall be an attorney-at-law licensed to prac-
tice law in the state. (Ord. 1212 § 1, 1978)
2.14.030 Eligibility of council members for position.
No member of the city council shall be eligible for appointment as city attorney until one year has elapsed
after such council member has ceased to be a member of the city council. (Ord. 1212 § 1, 1978)
2.14.040 Compensation.
The city attorney shall receive such compensation as the city council shall from time to time determine.
In addition, the city attorney shall be reimbursed for all actual and necessary expenses incurred by him or
her in the performance of his or her official duties,
On termination of employment of the city attorney by reason of involuntary removal from service other than
for wilful misconduct in office, the city attorney shall receive cash severance pay in a lump sum equal to one
month's pay for each of the first three years of continuous service or fraction thereof as city attorney, not to
exceed a total of three months' pay, such pay to be computed at the highest salary received by the city at-
torney during his or her service with the city. Involuntary removal from service shall include reduction in pay
not applicable to all employees of the city. (Ord. 1212 § 1, 1978)
2.14.050 Powers and duties.
The city attorney shall be the chief legal officer of the city under the direction and control of the city council.
The city attorney will also act as the legal counsel for the municipal water district (district), and report directly
to the board of directors. Except as otherwise provided in this chapter, the city attorney shall have the follow-
ing responsibilities for both the city and district:
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A Advise the city council, its committees, its various boards and commissions or any city officer, when
requested, upon all legal questions arising in the conduct of city business;
B. Prepare or revise ordinances or resolutions when so requested by the city council or by the city man-
ager;
C. Make recommendations for ordinances, resolutions or other documents or procedures affecting the
legal position of the city;
D. Give his or her opinion upon any legal matter or question submitted to him or her by the city council,
any board or commission of the city, the city manager, or any other city officer;
E. Attend all city council meetings, unless excused by the city council, for the purpose of giving the city
council any legal advice requested by its members;
F. Attend such meetings of other boards and commissions of the city as he or she shall deem necessary
and proper or as the city council may direct;
G. Prepare for execution, or approve as to form, all contracts and instruments to which the city is a party,
and approve as to form and for filing all bonds and insurance policies submitted to the city;
H. Make the following reports:
1. Immediately report the outcome of any litigation in which the city has an interest to the city man-
ager and the city council;
2. Make an annual report to the city manager and the city council as of July 31st of each year of all
pending litigation in which the city has an interest and the condition thereof and of the state of his
or her office;
I. Enforce city laws and regulations through office hearings and court proceedings, both civil and crimi-
nal;
J. Review and analyze all state and federal legislation affecting the city;
K. Appear on behalf of the city before such legislative committees and regulatory agencies as the city
council may direct;
L. Represent the city in all legal actions to which the city is a party and for which other arrangements for
legal counsel have not been made;
M. Perform such other duties as may be imposed by statute, by any ordinance of the city or by other ac-
tion of the city council;
N. Deliver all records, documents and property of every description in his or her possession belonging to
the city attorney's office or to the city to his or her successor in office. (Ord. NS-160 § 2, 1991; Ord.
1212 § 1, 1978)
2.14.060 Council-city attorney relations.
The city attorney shall take his or her orders and instructions from the city council only when sitting in a duly
convened meeting of the city council, and no individual council member shall give any orders or instructions
to the city attorney. However, any council member may, as an individual, request pertinent information on
municipal affairs from the city attorney. These requests will be answered promptly. (Ord. 1212 § 1, 1978)
2.14.070 Departmental cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city manager to assist the
city attorney in carrying out the functions of his or her office. (Ord. 1212 § 1, 1978)
2.14.080 Removal of city attorney.
The removal of the city attorney shall be effected only by a majority vote of the whole city council as then
constituted, convened in a regular council meeting. In case of the city attorney's intended removal by the city
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Page 506
council, the city attorney shall be furnished with a written notice citing the council's action to remove him or
her at least 30 days before the effective date of his or her removal. If the city attorney so requests, the city
council shall provide in writing reasons for the removal, which shall be provided the city attorney within sev-
en days after the receipt of such request from the city attorney, and at least 15 days prior to the effective
date of such removal. After furnishing the city attorney with written notice of removal, the city council may
suspend him or her from duty, but the city attorney's compensation shall continue until the date of his or her
removal has been established by action of the council. The removal of the city attorney is subject to the fol-
lowing subsections:
A Hearing. Within seven days after the delivery to the city attorney of such notice of intention to remove,
the city attorney may, by written notification to the city clerk, request a hearing before the city council.
Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting
place, but before the expiration of the 30-day period, at which the city attorney shall appear and be
heard, with or without counsel.
B. Suspension Pending Hearing. After furnishing the city attorney with written notice of intended removal,
the city council may suspend him or her from duty, but the city attorney's compensation shall continue
until his or her removal by action of the council passed subsequent to the aforesaid hearing.
C. Discretion of Council. In removing the city attorney, the city council shall use its uncontrolled discretion
and its action shall be final and shall not depend upon any particular showing or degree of proof at the
hearing, the purpose of which is to allow the city attorney to present to the city council his or her
grounds of opposition to his or her removal prior to its action. (Ord. 1212 § 1, 1978)
2.14.090 Limitation on removal.
Notwithstanding the provision of Section 2.14.080, the city attorney shall not be removed from office, other
than for misconduct in office, during or within a period of 90 days next succeeding any general or special
municipal election held in the city, at which election a member of the city council is elected or when a new
city council member is appointed. The purpose of this provision is to allow any newly elected or appointed
member of the city council or a reorganized city council to observe the actions and ability of the city attorney
in the performance of the powers and duties of his or her office. After the expiration of this 90-day period, the
provisions of Section 2.14.080 as to the removal of the city attorney shall apply and be effective. (Ord. 1212
§ 1, 1978)
2.14.100 Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter
into any supplemental agreement with the city attorney delineating additional terms and conditions of em-
ployment not inconsistent with any provisions of this chapter. (Ord. 1212 § 1, 1978)
2.14.110 Resignation.
The city attorney shall provide written notice, in the event of his or her resignation, to the city council at least
30 days prior to his or her termination date. The city council may waive this provision at its sole discretion.
(Ord. 1212 § 1, 1978)
2.14.120 Management and control of office.
The city attorney shall have the management and control over his or her office subject to all applicable per-
sonnel ordinances, rules and regulations. (Ord. NS-793 § 4, 2006; Ord. 1212 § 1, 1978)
2.14.130 Employment of special counsel.
Whenever the city council deems it to be in the best interests of the city, it may employ special counsel to
handle particular legal matters of the city, upon such terms as the city council shall deem proper. (Ord. 1212
§ 1, 1978)
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2.14.140 Limitation upon private practice.
The city attorney shall not engage in the private practice of law without the consent of the city council, and
then only upon such conditions as the city council may impose. (Ord. 1212 § 1, 1978)
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Sections:
2.16.005
2.16.010
2.16.025
2.16.030
2.16.035
2.16.040
2.16.045
2.16.050
2.16.055
2.16.060
2.16.070
2.16.075
2.16.080
2.16.085
2.16.090
2.16.095
2.16.105
2.16.110
2.16.115
Chapter 2.16
BOARD OF LIBRARY TRUSTEES
Created.
Membership-Appointment-Terms.
Monthly meetings.
Special meetings.
Quorum.
President.
Record of proceedings.
Rules, regulations and bylaws for the administration of the board.
Administration of trusts-Receipt, holding and disposal of property.
Recommendations to city council.
Purchase of real property-Erection or rental and equipment of buildings or rooms.
State publications.
Borrowing library materials.
Incidental powers of board.
Annual report.
Safety, preservation and application of funds not payable into library trust fund.
Free use of library by residents and nonresident taxpayers-Exclusions.
Contracts for lending books with neighboring municipalities or county-
Compensation.
Title to property.
2.16.005 Created.
The board of library trustees is created to manage the city library. (Ord. CS-036 § 1, 2009; Ord. NS-169 § 7,
1991)
2.16.010 Membership-Appointment-Terms.
The board of library trustees shall consist of five members, appointed by the mayor with the approval of the
city council. The trustee shall serve a four-year term. Trustees may serve no more than two complete terms.
If a vacancy occurs as a result of a trustee leaving the board before the end of the trustee's term, the suc-
cessor shall serve for the remaining term of his or her predecessor. (Ord. CS-036 § 1, 2009; Ord. NS-176 §
7, 1991)
2.16.025 Monthly meetings.
Boards of library trustees shall meet at least once a month at such times and places as they may fix by reso-
lution. (Ord. CS-036 § 1, 2009; Ord. 1072 § 6)
2.16.030 Special meetings.
Special meetings may be called at any time by three trustees, by written notice served upon each member
at least three hours before the time specified for the proposed meeting. (Ord. CS-036 § 1, 2009; Ord. 1072 §
7)
2.16.035 Quorum.
A majority of the board shall constitute a quorum for the transaction of business. (Ord. CS-036 § 1, 2009;
Ord. 1072 § 8)
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2.16.040 President.
The board shall appoint one of its members president, who shall serve for one year and until his or her suc-
cessor is appointed, and in his or her absence, shall select a president pro tempore. The president shall
serve as chair of the board, and in his or her absence, the president pro tempore shall serve as vice-chair of
the board. (Ord. CS-036 § 1, 2009; Ord. 1072 § 9)
2.16.045 Record of proceedings.
The board of library trustees shall cause a proper record of its proceedings to be kept. (Ord. CS-036 § 1,
2009; Ord. 1072 § 10)
2.16.050 Rules, regulations and bylaws for the administration of the board.
The board of library trustees may make and enforce all rules, regulations and bylaws necessary for the ad-
ministration of the board of library trustees and all property belonging thereto. (Ord. CS-17 4 § 2, 2012; Ord.
CS-036 § 1, 2009; Ord. 1072 § 11)
2.16.055 Administration of trusts-Receipt, holding and disposal of property.
Subject to city council approval, the board of library trustees may administer any trust declared or created for
the benefit of the library, and receive by gift, devise, or bequest and hold in trust or otherwise, property situ-
ated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of
the library. (Ord. CS-036 § 1, 2009; Ord. 1072 § 12)
2.16.060 Recommendations to city council.
The board of library trustees may make recommendations to the city council and advise the city council in
matters pertaining to the following:
A The duties and powers of the librarian and other library employees;
B. The number of employees;
C. The purchase of equipment, real estate and buildings;
D. The advisability and desirability of facilities of the city library;
E. The amounts of moneys required to operate the library;
F. Policies related to the administration of the city library. (Ord. CS-174 § 3, 2012; Ord. CS-036 § 1, 2009;
Ord. 1072 § 13)
2.16.070 Purchase of real property-Erection or rental and equipment of buildings or rooms.
Subject to city council approval, the board of library trustees shall have the authority to purchase real proper-
ty, and erect or rent and equip, such buildings or rooms as may be necessary, providing they have sufficient
funds in the "library trust fund" provided for in Section 3.24.020. (Ord. CS-036 § 1, 2009; Ord. 1072 § 15)
2.16.075 State publications.
The board of library trustees may request the appropriate state officials to furnish the library with copies of
any and all reports, laws and other publications of the state not otherwise disposed of by law. (Ord. CS-036
§ 1, 2009; Ord. 1072 § 16)
2.16.080 Borrowing library materials.
The board of library trustees shall authorize the library and cultural arts director to borrow library materials
from, lend library materials to, and exchange library materials with other libraries, and may allow residents
and nonresidents to borrow library materials upon such condition as the board may prescribe. (Ord. CS-164
§ 16, 2011; Ord. CS-036 § 1, 2009; Ord. 1072 § 17)
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2.16.085 Incidental powers of board.
The board of library trustees may do and perform any and all other acts and things necessary or proper to
carry out the provisions of this chapter. The board of library trustees shall further have the power to promul-
gate and adopt rules and regulations pertaining to the city library. (Ord. CS-17 4 § 4, 2012; Ord. CS-036 § 1,
2009; Ord. 1072 § 18)
2.16.090 Annual report.
The board of library trustees, or if there is no board of trustees, then the library and cultural arts director
shall, on or before September 30, in each year, report to the legislative body of the municipality and to the
state librarian on the condition of the library, for the year ending the 30th day of June preceding. The reports
shall, in addition to other matters deemed expedient by the board of trustees or library and cultural arts di-
rector, contain such statistical and other information as is deemed desirable by the state librarian. For this
purpose, the state librarian may send to the several boards of trustees or library and cultural arts director
instructions or question blanks so as to obtain the material for a comparative study of library conditions in
the state. (Ord. CS-164 § 16, 2011; Ord. CS-036 § 1, 2009; Ord. 1072 § 19)
2.16.095 Safety, preservation and application of funds not payable into library trust fund.
If payment into the library trust fund or other fund is inconsistent with the conditions or terms of any gift, de-
vise or bequest, the board of library trustees shall provide for the safety and preservation of the funds, and
the application thereof to the use of the library in accordance with the terms and conditions of the gift, devise
or bequest. (Ord. CS-036 § 1, 2009; Ord. 1072 § 22)
2.16.105 Free use of library by residents and nonresident taxpayers-Exclusions.
Every city library established pursuant to this chapter shall be forever free to the residents and nonresident
taxpayers of the municipality, subject always to such rules and regulations as may be made by the board of
library trustees. Any person who violates any rule or regulation may be fined or excluded from the privileges
of the library. (Ord. CS-036 § 1, 2009; Ord. 1072 § 24)
2.16.110 Contracts for lending books with neighboring municipalities or county-Compensation.
The board of library trustees and the legislative body of any neighboring municipality or the board of super-
visors of the county in which the public library is situated, may contract for lending the books of the library to
residents of the county or neighboring municipality, upon a reasonable compensation to be paid by the
county or neighboring municipality. (Ord. CS-036 § 1, 2009; Ord. 1072 § 25)
2.16.115 Title to property.
The title to all property acquired for the purposes of the library, when not inconsistent with the terms of its
acquisition, or otherwise designated, vests in the municipality in which the library is situated, and in the
name of the municipal corporation may be sued for and defended by action at law or otherwise. The city
council may authorize title to any property acquired for the purposes of the library to be vested in the board
of library trustees. (Ord. CS-036 § 1, 2009; Ord. 1076 § 1; Ord. 1072 § 26)
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Chapter 2.18
CARLSBAD ARTS COMMISSION
Sections:
2.18.010
2.18.020
2.18.030
2.18.040
2.18.050
2.18.060
2.18.070
2.18.080
2.18.090
2.18.100
2.18.110
2.18.120
2.18.130
Created.
Purpose.
Membership-Terms-Vacancies.
Compensation.
Chair.
Meetings.
Staff liaison.
Duties.
Rules.
Powers generally.
Appropriations for arts.
Selection and placement of works of art.
Powers delegated to commission to be advisory.
2.18.010 Created.
A Carlsbad Arts Commission for the city is created. (Ord. CS-124 § 2, 2011)
2.18.020 Purpose.
The purpose of the Carlsbad Arts Commission is to advise the city council on arts and culture related mat-
ters and implementation of the arts element of the Carlsbad General Plan. (Ord. CS-268 § 1, 2015; Ord. CS-
124 § 3, 2011)
2.18.030 Membership-Terms-Vacancies.
The Carlsbad Arts Commission shall consist of seven members appointed by the mayor with the approval of
the city council. Of the members so appointed, three shall be for a term of three years, two shall be for a
term of two years and two shall be for a term of one year. Their successors shall be appointed for a term of
four years and be eligible for a second successive term. Members appointed to an unexpired term are eligi-
ble for two successive terms in addition to the unexpired term. Members shall be residents of the City of
Carlsbad. (Ord. CS-124 § 4, 2011)
2.18.040 Compensation.
The Carlsbad Arts Commission shall act without compensation. (Ord. CS-124 § 5, 2011)
2.18.050 Chair.
The members of the Carlsbad Arts Commission shall elect their own chair who shall preside at all meetings.
The chair shall hold office for a term of one year. Thereafter a new chair shall be elected at each succeeding
year. One chair may serve for more than one successive term. (Ord. CS-124 § 6, 2011)
2.18.060 Meetings.
The Carlsbad Arts Commission shall establish a regular time and place of meetings and shall hold not less
than one meeting per quarter. The majority of the appointed members shall constitute a quorum for the pur-
pose of transacting the business of the commission. (Ord. CS-124 § 7, 2011)
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2.18.070 Staff liaison.
The city manager shall appoint an employee of the city to act as staff liaison to the commission. (Ord. CS-
124 § 8, 2011)
2.18.080 Duties.
The Carlsbad Arts Commission shall have the power, and it shall be the duty of the commission, to make
recommendations to the city council on arts and culture related matters and advise it on the implementation
of the arts element of the general plan. (Ord. CS-268 § 2, 2015; Ord. CS-124 § 9, 2011)
2.18.090 Rules.
The commission may adopt its own rules and regulations. (Ord. CS-124 § 10, 2011)
2.18.100 Powers generally.
The Carlsbad Arts Commission shall have the power to:
A. Encourage and advocate for the arts.
B. Provide assistance and guidance to the cultural arts office regarding arts programming, public art and
arts-related educational programming.
C. Recommend to city council policies related to arts programming, public art and arts-related educational
programming.
D. Provide a forum for citizen concerns regarding art issues.
E. Assign members to serve on advisory committees related to arts programming, public art, arts-related
educational programming and arts-related ad hoc committees that may be established from time to
time. No more than three commissioners may serve on the same advisory or ad hoc committee at one
time. All ad hoc committees of the arts commission shall be open to the public and subject to "The
Brown Act," pursuant to Section 2.08.110 of this code.
F. Provide financial assistance whenever feasible to groups or individuals who provide public arts pro-
gramming to the citizens.
G. Recommend to city council the planning and development of new or augmented arts facilities as may
be needed.
H. Recommend to city council all works of art to be acquired by the city, either by purchase, gift or other-
wise, and their proposed locations.
I. Recommend to city council regarding the conservation, restoration, relocation or disposition of works of
art in the city's possession.
J. Determine a method or methods of recommending the selection and commissioning of artists with re-
spect to the design, execution and placement of works of art for which appropriations have been made,
and pursuant to such method or methods, recommend to the city council selection of artists by contract
for such purposes. (Ord. CS-124 § 11, 2011)
2.18.11 O Appropriations for arts.
A. All city departments shall include in all estimates of necessary expenditures and all requests for author-
izations or appropriations for construction projects, an amount for works of art equal to at least one
percent of the total cost of any such construction project as estimated in the city's capital improvement
program for the year in which such estimate or request is made. If there are legal restrictions on the
source of funding with respect to any particular project which precludes art as an object of expenditure
of funds, the amount of funds so restricted shall be excluded from the total project cost in making the
required estimate.
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B. The city council may make appropriations for works of art in connection with construction projects as
provided in this chapter.
C. Construction project means any of the following:
1. Construction, reconstruction, or renovation in excess of $500,000.00, involving any publicly
owned, leased, or operated facility including any plant, building, structure, utility system, real
property, streets and highways, or other public work improvement.
2. Street or streetscape improvement projects other than street repair or reconstruction. In the case
of streetscape and right-of-way enhancement projects, streetscape means an improvement to a
public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding
sources (e.g., sources restricted to "transportation purposes" or "direct construction costs") may
prohibit formula-based expenditures for art. Thus, percent for art will not be collected from those
sources. However, city council may provide funding for public art for street or streetscape im-
provements from general fund revenues on a case by case basis.
3. In the case of a publicly owned utility system, capital improvement project shall include only the
construction, erection, improvement, of dams, reservoirs and power plants.
D. For the purposes of the art in public places program, capital improvement project does not mean any of
the following maintenance work:
1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or
publicly operated facility (see Section 2.18.11 O(C)(1 )) for its intended purposes.
2. Resurfacing of streets and highways.
3. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of
plants, and servicing of irrigation and sprinkler systems.
4. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal
systems, including, but not limited to, dams, reservoirs, and power plants.
E. Annually, the administrative services department of the City of Carlsbad will verify the one percent for
public art allocation for all eligible CIP projects has been included in the budgeted amounts for city
council approval. As an alternative, where funding for eligible projects is restricted and cannot be used
for public art, the council may appropriate percent for art funding from the general capital construction
fund or the general fund. The funds for art allocations may be used for projects located at the direct site
of the CIP project, or pooled for other future public art projects identified by the cultural arts manager
and Carlsbad Arts Commission. The park in lieu fee funded percent for art allocations must be used for
artwork at a park within the same quadrant where the fee was paid.
F. Any funds realized from the disposition of objects in the city's art in public places collection shall be
used for the benefit of the city's art in public places collection; specifically, for the purposes of acquir-
ing, restoring and refurbishing public art. Notwithstanding the foregoing sentence, the city council shall
have the discretion to appropriate any funds realized from the disposition of objects in the city's art in
public places collection for other purposes. (Ord. CS-268 § 3, 2015; Ord. CS-124 § 12, 2011)
2.18.120 Selection and placement of works of art.
A. The selection of artists, commissioning of artworks, acceptance of donated artworks, and placement of
works of art shall be governed by the art in public places program as developed and adopted by the
Carlsbad Arts Commission and city council.
B. The arts commission shall further have the power to promulgate and adopt rules and regulations per-
taining to the art in public places program. (Ord. CS-268 § 4, 2015; Ord. CS-124 § 13, 2011)
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2.18.130 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting any of the powers of the city council, or as a delega-
tion of the Carlsbad Arts Commission of any of the authority or discretionary powers vested and imposed by
law in the city council. The city council declares that the public interest requires the appointment of a Carls-
bad Arts Commission to act in a purely advisory capacity to the city council for the purposes enumerated.
Any power herein delegated to the commission to adopt rules and regulations shall not be construed as a
delegation of legislative authority but purely a delegation of administrative authority. (Ord. CS-124 § 14,
2011)
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Chapter 2.20
CHIEF OPERATIONS OFFICER
Sections:
2.20.010
2.20.020
2.20.030
2.20.040
2.20.050
2.20.060
2.20.070
Position created-Authority.
Appointment.
Qualifications.
Compensation.
Powers and duties.
Office of the city attorney.
Absence or disability.
2.20.010 Position created-Authority.
The position of chief operations officer is created and established. The chief operations officer shall consoli-
date all operational matters of the city into an entirely separate and distinct position, reporting directly to the
city manager. (Ord. CS-309 § 2, 2016)
2.20.020 Appointment.
The position of chief operations officer shall be appointed by the city manager. (Ord. CS-309 § 2, 2016)
2.20.030 Qualifications.
The chief operations officer shall be qualified by sufficient education, technical training, skill and experience
to be proficient in the position. (Ord. CS-309 § 2, 2016)
2.20.040 Compensation.
The chief operations officer shall receive such compensation as set by the city manager. The chief opera-
tions officer's base salary shall not exceed 80% of the base salary of the city manager and shall be a proper
charge against such funds of the city as the city council designates. (Ord. CS-309 § 2, 2016)
2.20.050 Powers and duties.
The chief operations officer shall have the power and is required to do the following:
A. Administration of City Affairs. The chief operations officer shall have charge of the day-to-day opera-
tions, as assigned by and under the direction of the city manager, to ensure the efficient and effective
delivery of services.
B. Leadership and Support. The leadership and support provided by the chief operations officer shall facil-
itate a high performing organization and the fulfillment of the city mission, values and goals.
C. Planning. The chief operations officer, in collaboration with the city manager and other executive level
city staff, shall develop operating strategies to achieve the city's mission, values and goals, as well as
city council policy direction.
D. Resourcing. The chief operations officer, in collaboration with department directors, shall identify re-
sources needed to carry out the core functions of the city, as well as any special projects, initiatives or
goals to support city council policy direction, at a level that reflects Carlsbad's high standard of service.
E. Other Functions. The chief operations officer shall perform such other functions as the city manager
may from time to time specify, or assign. (Ord. CS-309 § 2, 2016)
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Page 516
2.20.060 Office of the city attorney.
This chapter shall not apply to the role and functions of the city attorney and employees of the city attorney's
office. (Ord. CS-309 § 2, 2016)
2.20.070 Absence or disability.
Should the chief operations officer be absent or disabled, the city manager may at his or her sole discretion
designate a temporary acting chief operations officer. (Ord. CS-309 § 2, 2016)
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Page 517
Chapter 2.24
PLANNING COMMISSION
Created.
Composition-Appointment.
Absence from meetings.
Regular and adjourned meetings.
Officers-Ru le adoption-Records.
Duties.
Sections:
2.24.010
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
2.24.065
2.24.070
General plan conformance-Time for or waiver of report.
Quorum and vote.
2.24.010 Created.
Under and pursuant to an act of the legislature of the state, known as the "conservation and planning law," a
planning commission for the city is created and established. (Ord. CS-040 § I, 2009; Ord. 1020 § 1)
2.24.020 Composition-Appointment.
The planning commission shall consist of seven members to be appointed by a majority vote of the council,
and of four ex officio members who shall be the community and economic development director, the city en-
gineer, the city attorney and the city planner. Of the seven members of the commission first appointed under
this chapter, two shall be appointed for one-year terms, two shall be appointed for three-year terms, and one
shall be appointed for a four-year term. Their successors shall be appointed for terms of four years. If a va-
cancy occurs otherwise than by expiration of term, it shall be filled by appointment by a majority vote of the
council for the unexpired portion of the term of the member so vacating. The terms of ex officio members
shall correspond to their respective official tenures. No ex officio member shall be entitled to a vote. Each
member shall hold office until the member is reappointed or the member's successor is appointed. (Ord. CS-
164 §§ 10, 14, 2011; Ord. CS-040 § I, 2009; Ord. NS-676 §§ 1, 2, 2003; Ord. 1256 § 1, 1982; Ord. 1200 § 1,
1977; Ord. 1157 § 1, 1973; Ord. 1020 § 2)
2.24.030 Absence from meetings.
If a member of the planning commission is absent from three successive meetings of the commission with-
out cause, the city planner shall inform the mayor of such absence, who may therewith remove the member
from the commission without further notice. (Ord. CS-164 § 10, 2011; Ord. CS-040 § I, 2009; Ord. NS-676 §
2, 2003; Ord. 1261 § 2, 1983; Ord. 1020 § 3)
2.24.040 Regular and adjourned meetings.*
A regular meeting shall be held at least once a month, or more often if the planning commission may by rule
adopt. Any meeting held pursuant to rule of the planning commission, or any special meeting advertised as
a public hearing, shall be deemed a regular meeting. The commission may adjourn any regular meeting
from time to time to meet at a time and place specified at the regular meeting and any such adjourned meet-
ing shall be deemed to be a regular meeting. (Ord. CS-040 § I, 2009; Ord. 1020 § 4)
For provisions on attendance of city manager at commission meetings, see Section 2.12.125 of this code.
2.24.050 Officers-Rule adoption-Records.
The planning commission shall elect from among its appointed members a chair and vice-chair to serve for a
term of one year. It shall adopt rules for the transaction of business and shall keep a record of the resolu-
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Page 518
tions, transactions, findings and determinations, which record shall be a public record. (Ord. CS-040 § I,
2009; Ord. 1157 § 2, 1973; Ord. 1020 § 5)
2.24.060 Duties.
In addition to the duties specified by this chapter, the planning commission shall perform the duties and have
all the rights, powers and privileges specified and provided for by city or state law. For the village review ar-
ea, the planning commission shall be responsible for the administration of, and shall carry out the duties
specified in Chapters 21.35 and 21.81 of the Carlsbad Municipal Code. (Ord. CS-040 § I, 2009; Ord. 9424 §
1, 1975; Ord. 1020 § 6)
2.24.065 General plan conformance-Time for or waiver of report.
A. The planning commission shall not be required to report as to conformity with the general plan regard-
ing real property acquired by dedication or otherwise for street, square, park or other public purposes,
the disposition of real property, vacated or abandoned streets, and the construction or authorization of
a public building or structure. The city council shall make a finding of consistency with the general plan
when approving any of the above.
B. The planning commission shall not be required to make a general plan consistency finding for the list of
proposed public works recommended for planning, initiation or construction during the ensuing fiscal
year for the city's capital improvement program. The city council shall make the general plan con-
sistency finding when approving the city's annual capital improvement program or any amendments
thereto. (Ord. CS-071 § 1, 2009; Ord. CS-040 § I, 2009; Ord. 9424 § 2, 1975)
2.24.070 Quorum and vote.
A. Four members of the planning commission shall constitute a quorum for the transaction of business.
B. Except when otherwise provided by law, a majority vote of the quorum shall be required for any plan-
ning commission action, provided that a recommendation for approval of a general plan amendment
shall be made by at least four affirmative votes.
C. Tie votes shall constitute "no action," and the matter voted upon remains before the commission and is
subject to further commission consideration. If the commission is unable to take action on a matter be-
fore it because of a tie vote, the matter shall be again considered at the next regular commission meet-
ing. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied.
D. Every commissioner should vote unless disqualified by reason of conflict of interest. A commissioner
who abstains from voting acknowledges that a majority of the quorum may decide the question voted
upon. (Ord. CS-040 § I, 2009; Ord. NS-135 § 1, 1991; Ord. 1247 § 1, 1982; Ord. 1244 § 1, 1982; Ord.
1159 § 1, 1973)
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Page 519
Chapter 2.28
TRAFFIC SAFETY COMMISSION
Created.
Sections:
2.28.010
2.28.020
2.28.040
2.28.050
Membership-Appointment-Terms.
Officers-Meetings-Reports-Conduct of meetings.
Duties.
2.28.010 Created.
A traffic safety commission for the city is created. (Ord. CS-214, 2013; Ord. NS-169 § 4, 1991; Ord. 1262,
1983; Ord. 1106 § 1, 1968)
2.28.020 Membership-Appointment-Terms.
The traffic safety commission shall consist of five members appointed by the mayor and confirmed by the
city council. Each member shall serve until their successor is duly appointed. The members shall serve
staggered terms at least two years apart. In order to stagger the terms, upon the next appointment of com-
mission members after the effective date of the ordinance from which this section derives, two members will
be appointed for terms expiring two years thereafter and three members will be appointed for terms expiring
four years thereafter. All subsequent appointments will be for four-year terms. Members of the commission
may be removed by the mayor with the consent of the city council at any time. The transportation director
shall be an ex officio member and serve as secretary to the commission. The ex officio member shall not be
entitled to vote. (Ord. CS-214, 2013; Ord. CS-164 § 2, 2011; Ord. CS-031 § 1, 2009; Ord. NS-169 § 4, 1991;
Ord. 1262, 1983; Ord. 1106 § 2, 1968) '
2.28.040 Officers-Meetings-Reports-Conduct of meetings.
The commission shall elect a chair, a vice chair, and such other officers as it deems desirable. The officers
shall serve for a term of one year and until the election of successors. The commission shall hold meetings
no less than once during each calendar month (provided agenda items exist), and shall send a report of
each month's meeting to the city council. The commission may adopt its own rules and regulations. (Ord.
CS-214, 2013; Ord. NS-110 § 1, 1990; Ord. 1262, 1983; Ord. 1106 § 4, 1968)
2.28.050 Duties.
It shall be the duty of the traffic safety commission to study all matters referred to it concerning traffic safety
and pedestrian safety and to make written recommendations to the city council regarding measures that
should be taken to promote traffic and pedestrian safety within the city as follows:
A. Review staff studies and make recommendations to the city council on matters involving traffic and
pedestrian safety;
B. Provide a public forum to review citizen complaints and requests regarding traffic and pedestrian safe-
ty;
C. Provide recommendations for revision to the city codes and plans on matters involving traffic and pe-
destrian safety, parking and school safety. (Ord. CS-214, 2013; Ord. NS-9 § 1, 1988; Ord. 1262, 1983;
Ord. 1106 § 5, 1968)
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Page 520
Chapter 2.36
PARKS AND RECREATION COMMISSION
Sections:
2.36.010
2.36.020
2.36.030
2.36.040
2.36.060
2.36.070
2.36.075
2.36.080
2.36.090
2.36.100
2.36.110
Created.
Membership-Terms-Vacancies.
Compensation of members.
Chair.
Meetings.
Duties.
Additional duties.
Powers generally.
Funds-Disposition of moneys.
Budget.
Powers delegated to commission to be advisory.
2.36.010 Created.
A parks and recreation commission for the city is created. (Ord. 1025 § 1)
2.36.020 Membership-Terms-Vacancies.
The parks and recreation commission shall consist of seven members, who may be persons who hold an
office or a position with the city; provided, however, that the number of members of such commission who
are not officials of the city shall exceed the number of members who may be officers or employees of such
city. Members are to be appointed by the mayor and shall be approved by the city council. Of the members
of the commission first appointed hereunder, one shall be for a term of four years, two shall be for a term of
three years, two shall be for a term of two years and two shall be appointed for a term of one year. Their
successors shall be appointed for the terms of four years. If vacancies shall occur otherwise than by expira-
tion of the term, they shall be filled in the same fashion as the original members were appointed. (Ord. 1025
§ 2)
2.36.030 Compensation of members.
The parks and recreation commission shall act as such without any compensation. (Ord. 1025 § 6)
2.36.040 Chair.
The appointed members of the parks and recreation commission shall elect their own chair, who shall pre-
side at all meetings. The chair, as elected by the commission, shall hold office for a term of one year from
and after his or her date of election. Thereafter, successive elections shall elect a new chair at each suc-
ceeding year. One chair may serve for more than one successive term. (Ord. 1025 § 3)
2.36.060 Meetings.*
The parks and recreation commission shall meet at such time or times as the members may in their discre-
tion see fit; provided, that such meetings be held at least once each month. The majority of the appointed
members shall constitute a quorum for the purpose of transacting the business of the commission. (Ord.
1025 § 4)
As to attendance of city manager at commission meetings, see Section 2.12.125.
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Page 521
2.36.070 Duties.
The parks and recreation commission shall have the power, and it shall be the duty of the commission, to
make recommendations to the city council and to advise the council in matters pertaining to the creation,
operation, maintenance, management and control of community recreation programs, of playgrounds and
indoor and outdoor recreations, activities and facilities. Further, it shall be the duty of the commission to ad-
vise and make recommendations to the city council on matters pertaining to planting, trimming, pruning, and
care of all trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and up-
on any park of the city. (Ord. NS-547 § 1, 2000; Ord. 1025 § 7)
2.36.075 Additional duties.
The parks and recreation commission shall have the additional power, and it shall be the duty of the com-
mission to review tree-related issues and to determine the needs of the city with respect to its tree planting,
replacement, maintenance and preservation programs.
The commission will also make recommendations to the city council on policies, regulations or ordinances
pertaining to the care and protection of public trees and the selection of specific species of trees for designa-
tion along city streets, including the development of a community forest management plan for the city.
In addition, in accordance with Section 11.12.150 of this code, the parks and recreation commission shall
hear appeals from decisions of the city manager acting through the parks and recreation director or design-
ee, regarding the planting or removal of street trees. (Ord. CS-072 § 1, 2009; Ord. NS-547 § 2, 2000)
2.36.080 Powers generally.
The parks and recreation commission shall have the power to equip, operate, supervise and maintain play-
grounds, athletic fields, swimming pools, swimming centers, indoor recreation centers, auditoriums, or other
park or recreational facilities on or in any public grounds or buildings in or about the city, which the commis-
sion may from time to time acquire, provide, authorize and designate for such use, subject to the approval of
the city council. The commission shall further have the power to adopt rules and regulations pertaining to the
cutting, trimming, pruning, planting, removal or interference with any tree, shrub or plant upon any street,
park, pleasure ground, boulevard, alley or public place of the city. (Ord. 1025 § 9)
2.36.090 Funds-Disposition of moneys.
A. Funds Generally. The parks and recreation commission is authorized to and may receive donations,
gifts, legacies, endowments or bequests made to the city or to the commission for or in behalf of the
city for the acquisition of parks and recreation facilities and the construction, maintenance and opera-
tion of any of the foregoing facilities, subject to the approval of the city council.
B. Gifts Paid to Treasurer. All donations, gifts, legacies, endowments or bequests so received by the
commission shall be turned over to the city treasurer, and shall be kept in a special fund to be desig-
nated as the parks and recreation fund.
C. Parks and Recreation Fund. The city council shall establish a fund to be known as the "parks and rec-
reation fund." There shall be deposited to and expended from this fund all fees or moneys received by
the commission, including the proceeds from all gifts, legacies or bequests as set forth in subsection B
and including the proceeds of other sources managed or controlled by the commission and derived by
it in connection with the operation of the public recreational activities and facilities under its jurisdiction.
All moneys in the fund shall be used for the promotion, supervision and operation of public recreation,
and not otherwise, and if not used during any current year shall accumulate in the parks and recreation
fund.
D. Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of mon-
ey, artifacts, and memorabilia for the Carrillo Ranch. Proposed donations shall be referred to the parks
and recreation commission for a recommendation before acceptance. Donations of $500.00 or less
may be accepted by the city manager. Donations over $500.00 may be accepted by the city council. All
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Page 522
donations accepted in the trust must be used exclusively for purposes relating to the development, op-
eration, and maintenance of the Carrillo Ranch. (Ord. NS-113 § 1, 1990; Ord. 1025 § 10)
2.36.100 Budget.
The parks and recreation commission shall submit a budget for required funds to the city council on or be-
fore the 30th day of June of each year. (Ord. 1025 § 11)
2.36.110 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city council, or
as a delegation to the parks and recreation commission of any of the authority or discretionary powers vest-
ed and imposed by law in the city council. The city council declares that the public interest, convenience and
welfare require the appointment of a parks and recreation commission to act in a purely advisory capacity to
the city council for the purposes enumerated. Any power herein delegated to the commission to adopt rules
and regulations shall not be construed as a delegation of legislative authority but purely a delegation of ad-
ministrative authority. (Ord. 1025 § 12)
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Page 523
Sections:
2.38.010
2.38.020
2.38.030
2.38.040
2.38.050
2.38.060
Chapter 2.38
SENIOR COMMISSION
Created.
Membership-Appointment-Terms.
Meetings.
Functions.
Funds-Disposition of money.
Powers delegated to commission to be advisory.
2.38.010 Created.
A senior commission of the city is created. (Ord. NS-45 § 1, 1988; Ord. 1282 § 1, 1985)
2.38.020 Membership-Appointment-Terms.
The senior commission shall consist of five members appointed by the mayor with the approval of the city
council. Members shall serve four-year terms. The senior coordinator shall be an ex officio member of the
commission. The ex officio member shall not be entitled to vote. (Ord. NS-169 § 5, 1991; Ord. NS-45 § 1,
1988; Ord. 1282 § 1, 1985)
2.38.030 Meetings.
The senior commission shall meet at such time or times as the commission may establish by rule, provided
that a regular meeting shall be held at least once each month. The majority of the appointed members shall
constitute a quorum for the purpose of transacting the business of the commission. The commission shall
elect a chair and shall establish rules and procedures necessary for the conduct of its business. (Ord. NS-45
§ 1, 1988; Ord. 1282 § 1, 1985)
2.38.040 Functions.
It is the responsibility of the senior commission to make recommendations to the city council and to advise
the city council on the special needs and concerns of seniors, including the creation, operation, mainte-
nance, management and control of senior programs, activities and facilities. (Ord. NS-45 § 1, 1988; Ord.
1282 § 1, 1985)
2.38.050 Funds-Disposition of money.
The senior commission is authorized to and may receive donations, gifts, legacies, endowments or bequests
made to the city or to the commission for or on behalf of the city. All donations, gifts, legacies, endowments
or bequests so received by the commission shall be turned over to the city treasurer and shall be kept in a
special fund to be designated as the senior fund. All moneys in the fund shall be used for promotion, super-
vision and operation of senior programs. No moneys in the fund shall be spent without prior council authori-
zation. (Ord. NS-45 § 1, 1988; Ord. 1282 § 1, 1985)
2.38.060 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city council, or
as a delegation to the senior commission of any of the authority or discretionary powers vested and imposed
by law in the city council. The city council declares that the public interest, convenience and welfare require
the appointment of a senior commission to act in a purely advisory capacity to the city council for the pur-
poses enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not
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Page 524
be construed as a delegation of legislative authority but purely a delegation of administrative authority. (Ord.
NS-45 § 1, 1988; Ord. 1282 § 1, 1985)
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Page 525
Sections:
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.080
2.40.010
Established.
Membership.
Qualifications.
Meetings.
Vote required.
Functions.
Chapter 2.40
HOUSING COMMISSION
Relocation appeals board.
Established.
Pursuant to Section 34291 of the California Health and Safety Code, a housing commission is created as an
advisory body to the city council and community development commission. (Ord. CS-199 § 1, 2013; Ord.
NS-467 § 1, 1999)
2.40.020 Membership.
A The housing commission shall consist of five members. The members shall be appointed by the mayor
and confirmed by the city council. After the initial term, the members shall serve four-year terms; and
each member shall serve until their successor is duly appointed and qualified. The initial members of
the commission shall serve staggered terms as follows:
1. Two members shall serve for a period of two years; and
2. Three members shall serve for a period of four years.
B. Members shall serve without compensation. Members of the commission may be removed by the
mayor with the consent of the city council. (Ord. NS-467 § 1, 1999)
2.40.030 Qualifications.
All members of the housing commission shall be residents of the city and registered voters. In addition, two
members of the housing commission shall be tenants assisted by the Carlsbad housing authority, one of
which shall be at least 62 years of age. The remaining three members shall, to the extent possible, have
experience and expertise within one or more of the following areas: development, construction, real estate,
social services, housing advocacy, planning, architecture or finance. To the extent possible, the commission
members shall be representative of the four quadrants of the city. If a tenant member ceases to be a tenant
assisted by the authority and/or ceases to reside within the city limits of Carlsbad, or a nontenant member
ceases to reside within the city limits of the city, his or her membership on the commission shall terminate
and another member shall be appointed for the remainder of the unexpired term. (Ord. NS-467 § 1, 1999)
2.40.040 Meetings.
The housing commission shall meet regularly, on days and times established by the commission for the
transaction of business. The commission may adjourn any regular meeting to a time and place specified at
the regular meeting and any such adjourned meeting shall be deemed a regular meeting. The housing
commission shall elect from among its appointed members a chair and vice-chair. The rules and procedures
of the planning commission shall be modified, as necessary, and approved by the housing commission for
the conduct of its business. (Ord. NS-467 § 1, 1999)
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Page 526
2.40.050 Vote required.
Three members of the housing commission shall constitute a quorum. The affirmative vote of three mem-
bers shall be necessary for any action by the commission. (Ord. NS-467 § 1, 1999)
2.40.060 Functions.
The housing commission shall advise and make recommendations to the community development commis-
sion and/or the city council on the following matters:
A Establishment of, or amendment of affordable housing programs, policies and regulations;
B. Adoption of, or amendments to, the general plan housing element, and related strategies or programs;
C. Review of project concept and affordability objectives of off-site combined projects as defined by Chap-
ter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision
which has the inclusionary housing requirement;
D. Requests for financial assistance and/or incentives for the development of affordable housing projects;
E. Requests to sell or purchase affordable housing credits for transaction/purchases of 10 credits or more
to satisfy an inclusionary housing obligation;
F. The commission shall annually report to the city council on the status and progress of affordable hous-
ing programs;
G. Other special assignments as requested by the community development commission and/or city coun-
cil as related to the development of affordable housing. (Ord. CS-199 § 1, 2013; Ord. NS-467 § 1,
1999)
2.40.080 Relocation appeals board.
Pursuant to Government Code Section 7266, the housing commission is designated as the relocation ap-
peals board for the city, the municipal water district, and the redevelopment agency of the city to hear and
determine (subject to appeal to the appropriate governing body) complaints regarding relocation and com-
pliance with applicable local, state and federal relocation assistance laws and regulations. (Ord. NS-574 § 1,
2001)
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Page 527
Chapter 2.42
HISTORIC PRESERVATION COMMISSION
Sections:
2.42.010
2.42.020
2.42.030
2.42.040
2.42.050
Created.
Membership.
Term of office.
Duties.
Rules and procedures.
2.42.010 Created.
A historic preservation commission of the city is created. (Ord. NS-433 § 1, 1997)
2.42.020 Membership.
Membership on the historic preservation commission shall consist of the following:
A Five regular members and one ex officio representative from the planning commission. All regular
members of the commission must have knowledge of and a demonstrated interest in historic preserva-
tion and local history. Three members will have a background or an interest in architecture, archaeolo-
gy, history, biology, engineering, geology or a related field. Two members will have an interest in local
history and will serve at large from the community.
B. All members of the commission must be Carlsbad residents and registered voters. The ex officio rep-
resentative shall not be entitled to a vote. Appointment to the historic preservation commission shall be
made by the city council. The planning commission shall appoint a member to serve as the ex officio
representative. (Ord. NS-433 § 1, 1997)
2.42.030 Term of office.
Of the five members of the commission first appointed, one member shall be appointed for three years and
two members shall be appointed for four years. The successors shall be appointed for terms of four years. If
a vacancy occurs other than by expiration of a term, it shall be filled by appointment by the city council for
the unexpired portion of the term. Each member shall hold office until reappointed or a successor is appoint-
ed. (Ord. NS-433 § 1, 1997)
2.42.040 Duties.
Duties of the historic preservation commission are as follows:
A The commission shall act in an advisory capacity to the city council, planning commission, housing
commission, and design review board in all matters relating to the identification, protection, retention,
and preservation of historic resources within the city.
B. It shall be the responsibility of the commission to provide advice to the city council on the following
matters:
1. Criteria for guidelines to be used in a comprehensive historic survey of properties within the city;
2. The designation of historic resources;
3. Maintaining the Carlsbad historic resources inventory adopted by the city council;
4. Hiring of staff or consultants to conduct a comprehensive survey of properties within the bounda-
ries of the city to identify historical sites and areas;
5. Participation in and promotion and dissemination of public information, education, and interpretive
programs pertaining to historical areas and sites;
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Page 528
6. Cooperation with local, county, state, and federal governments in pursuit of the objectives of his-
toric preservation; and
7. Any other matter which the commission deems necessary to protect historical resources.
C. The commission shall be responsible for:
1. Publicizing and periodically updating survey results;
2. Maintaining a Carlsbad historic resources inventory;
3. Investigating and reporting to the city council on the use of various federal, state, local, or private
funding sources available to promote historic preservation in the city;
4. Rendering advice and guidance, upon the request of the property owner or occupant, on the res-
toration, alteration, decoration, landscaping, or maintenance of any historical area or site; and
5. Performing any other functions that may be designated by the city council. (Ord. NS-433 § 1,
1997)
2.42.050 Rules and procedures.
The historic preservation commission shall establish such rules, regulations, and procedures consistent with
this chapter for the transaction of business and shall keep a public record of its resolutions, transactions,
findings, and determinations. (Ord. NS-433 § 1, 1997)
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Page 529
Sections:
2.44.010
2.44.020
2.44.030
2.44.035
2.44.040
2.44.050
2.44.060
2.44.070
2.44.080
2.44.090
2.44.095
2.44.100
2.44.110
2.44.120
2.44.130
2.44.140
2.44.150
Chapter 2.44
PERSONNEL
Adoption of personnel merit-System for classified service.
Personnel officer.
City service.
Volunteers and contractors.
Rule adoption and amendment.
Appointments.
Probationary period.
Status of present employees.
Applicability of rules to certain exempt positions.
Abolition of position.
Right of appeal.
Political activity.
Political activities not affected.
Discrimination.
Solicitation of contributions.
Right to contract for special service.
Appropriation of funds.
2.44.010 Adoption of personnel merit-System for classified service.
In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to mu-
nicipal service the best and most competent persons available; to assure that appointments and promotions
of employees will be based on merit and fitness as determined by competitive test; and to provide a reason-
able degree of security for qualified employees, the following personnel merit system is adopted for positions
in the classified service. (Ord. NS-793 § 8, 2006; Ord. 1120 § 1, 1970)
2.44.020 Personnel officer.
The city manager will be the personnel officer. The city manager may delegate any of the powers and duties
conferred upon him or her as personnel officer under this chapter to any other officer or employee of the city
or may recommend that such powers and duties be performed under contract as provided in Section
2.44.140. The personnel officer will:
A. Administer all provisions of this chapter and of the personnel rules not specifically reserved to the
council;
B. Prepare and recommend to the council revisions and amendments to the personnel rules. The city at-
torney will approve the legality of such revisions and amendments prior to their submission to the
council;
C. Prepare or cause to be prepared a position classification plan, including class specifications, and revi-
sions of the plan. The plan, and any revisions thereof, will become effective upon approval by the
council;
D. Prepare or cause to be prepared, a plan of compensation, and any subsequent revisions to it, covering
all classifications in the classified service. The plan, and any revisions thereof, will become effective
upon approval by the council;
E. Publish or post notices of examinations for positions in the classified service; receive applications;
conduct and score examinations and certify to the appointing power a list of all persons eligible for ap-
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pointment to the appropriate position in the classified service. (Ord. NS-793 §§ 5, 6, 7, 9, 10, 2006;
Ord. 1120 § 2, 1970)
2.44.030 City service.
The provisions of this chapter will apply to all offices, positions and employees in the service of the city, ex-
cept:
A. Elective officers;
B. Members of appointive boards, commissions and committees;
C. Persons engaged under contract to supply expert, professional or technical services for a definite peri-
od of time;
D. Volunteer personnel who receive no regular compensation from the city;
E. City manager;
F. Assistant city manager;
G. Administrative assistants;
H. All department heads hired on or after November 1, 1975;
I. City attorney;
J. Assistant city attorney and deputy city attorney;
K. Emergency employees who are hired to meet the immediate requirements of any emergency condition,
such as extraordinary fire, flood or earthquake which threatens life or property;
L. Employees, other than those listed elsewhere in this section, who are employed less than half time,
which is defined as employees who are expected to or do work less than 1,040 hours in any one fiscal
year;
M. General manager, assistant general manager, district engineer, superintendent and administrative ana-
lyst positions of the municipal water district. (Ord. NS-793 § 5, 2006; Ord. NS-159 § 1, 1991; Ord. NS-
93 § 1, 1989; Ord. 1261 § 3, 1983; Ord. 1225 § 1, 1979; Ord. 1219 § 1, 1979; Ord. 1211 § 1, 1978;
Ord. 1196 § 1, 1976; Ord. 1186 § 1, 1975; Ord. 1166 § 1, 1974; Ord. 1120 § 3, 1970)
2.44.035 Volunteers and contractors.
The provisions of this chapter do not apply to and are not intended to confer any employment rights or bene-
fits on volunteers or persons under contract to supply expert, professional, technical or other services for the
city. (Ord. NS-793 § 12, 2006)
2.44.040 Rule adoption and amendment.
Personnel rules, prepared by the personnel officer subject to this chapter and to revisions by the council, will
be adopted, and may be amended from time to time, by resolution of the council. The rules will establish
specific procedures and regulations governing the following phases of the personnel system:
A. Preparation, installation, revision, and maintenance of a position classification plan covering all posi-
tions in the classified service, including employment standards and qualifications for each class;
B. Preparation, revision, and administration of a plan of compensation directly correlated with the position
classification plan, providing a rate or range of pay for each class;
C. Public announcement of all tests and the acceptance of applications for employment;
D. Preparation and conduct of tests and the establishment and use of resulting employment lists contain-
ing names of persons eligible for appointment;
E. Certification and appointment of persons from employment lists, and making of part-time, temporary,
and emergency appointments;
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F. Evaluation of employees during the probationary period;
G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classi-
fied service;
H. Separation of employees from the classified service;
I. Standardization of hours of work, attendance and leave regulations, working conditions, and the devel-
opment of employees' morale, welfare and training;
J. Suitable provision for orderly and equitable presentations to the city manager and to the city council by
employees relating to general conditions of employment, including the establishment of appeals proce-
dures;
K. The establishment of adequate personnel records;
L. The provision of a grievance procedure for classified employees. (Ord. NS-793 §§ 5, 6, 2006; Ord.
1182 § 1, 1975; Ord. 1130 § 1, 1971; Ord. 1120 § 4, 1970)
2.44.050 Appointments.
A. Appointments to vacant positions in the classified service will be made in accordance with the person-
nel rules. Appointments and promotions will be based on merit and fitness to be ascertained so far as
practicable by competitive examinations. Examinations will be used and conducted to aid in the selec-
tion of qualified employees, and will consist of recognized selection techniques such as achievement
aptitude tests and other written tests, personal interviews, performance tests, physical agility tests,
evaluations of daily work performance, or any combination of these, which will, in the opinion of the
personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given
as a part of any examination when otherwise permitted by state and federal law. In any examination,
the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set
minimum standards therefor.
B. Appointments of department heads and other employees who are not part of the classified service will
be made by the city manager, except as otherwise provided in this title.
C. Notwithstanding the above, the city attorney will have appointing power for vacant positions in the city
attorney's office.
D. Department heads may appoint and remove officers and employees in their respective departments or
areas of supervision, upon written authorization of the city manager and subject to the applicable pro-
visions of this chapter and the personnel rules. (Ord. NS-793 §§ 5, 6, 13, 2006; Ord. NS-93 § 2, 1989;
Ord. 1211 § 2, 1978; Ord. 1120 § 5, 1970)
2.44.060 Probationary period.
A. All regular appointments, including promotional appointments, will be for a probationary period of not
less than six months except as otherwise indicated. During the probationary period, the employee may
be rejected at any time without the right of appeal or hearing. For newly employed uniformed police
and fire personnel, the minimum probationary period will be not less than one full year.
B. An employee rejected during the probationary period from a position to which the employee has been
promoted will be reinstated to the position from which such employee has been promoted, unless the
employee is dismissed from the classified service as provided in this chapter and the rules.
C. An employee in the classified service promoted or transferred to a position not included in the classi-
fied service will be reinstated to the position from which the employee was promoted or transferred if,
within six months after such promotion or transfer, action is taken to reject or dismiss the employee,
unless the employee is discharged in the manner provided in this chapter and the personnel rules for
positions in the classified service. (Ord. NS-793 §§ 5, 6, 7, 14, 2006; Ord. 1120 § 6, 1970)
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2.44.070 Status of present employees.
Any person holding a position included in the classified service who, on the effective date of the ordinance
codified in this chapter will have served continuously in such position, or in some other position in the classi-
fied service, for a period equal to the probationary period prescribed in the rules for his or her class, will as-
sume regular status in the classified service in the position held on such effective date without qualifying
test, and will thereafter be subject in all respects to the provisions of the ordinance codified in this chapter
and the personnel rules.
Any other persons holding positions in the classified service will be regarded as probationers who are serv-
ing out the balance of their probationary periods as prescribed in the rules before obtaining regular status.
The probationary period will be computed from the first day of the first full calendar month after date of ap-
pointment or employment. (Ord. NS-793 §§ 5, 6, 2006; Ord. 1120 § 7, 1970)
2.44.080 Applicability of rules to certain exempt positions.
The provisions of the personnel rules relating to the attendance and leaves will apply to the incumbents of
full-time exempt positions. (Ord. NS-793 § 5, 2006; Ord. 1120 § 8, 1970)
2.44.090 Abolition of position.
Whenever in the judgment of the city manager it becomes necessary in the interest of economy or because
the necessity for the position or employment involved no longer exists, then the city manager may abolish
any position or employment in the classified service and layoff, demote, or transfer an employee holding
such position or employment without filing written charges and without the right of appeal.
The names of probationary and permanent employees laid off will be placed upon reemployment lists for
classes which, in the opinion of the personnel officer, require basically the same qualifications and duties
and responsibilities of those of the class of position from which layoff was made.
Names of persons laid off will be placed upon reemployment lists in order of their continuous cumulative
time and will remain on such lists for a period of one year unless reemployed sooner. (Ord. NS-793 §§ 5, 6,
7, 2006; Ord. 1120 § 10, 1970)
2.44.095 Right of appeal.
Any employee in the classified service will have the right to appeal to a hearing officer any disciplinary action
or alleged violation of this chapter or the personnel rules, except in those instances where the right of appeal
is specifically prohibited by this chapter or the personnel rules. (Ord. NS-883 § 4, 2008; Ord. NS-793 §§ 5,
15, 2006; Ord. 1179 § 1, 1975)
2.44.100 Political activity.
Any person holding an office or employed in the city will conform to the pertinent provisions of state law.
(Ord. NS-793 §§ 5, 16, 2006; Ord. 1120 § 11, 1970)
2.44.110 Political activities not affected.
This chapter does not prevent any officer or employee from:
A. Becoming or continuing to be a member of a political club or organization;
B. Attending a political meeting;
C. Enjoying entire freedom from all interference in casting his or her vote;
D. Seeking signatures to any initiative or referendum petition directly affecting his or her rates of pay,
hours of work, retirement, or other working conditions;
E. Distributing badges, pamphlets, dodgers, or handbills, or other participation in any campaign in con-
nection with such petition, provided such activities are not carried on during hours of work or when
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dressed in the uniform required in any department of the city government. The violation of this provi-
sion constitutes grounds for discharge. (Ord. NS-793 § 18, 2006; Ord. 1120 § 12, 1970)
2.44.120 Discrimination.
All employees and applicants for employment in the city will not be subject to discrimination or harassment
on any basis protected by state or federal law. (Ord. NS-793 §§ 5, 6, 19, 2006; Ord. 1120 § 13, 1970)
2.44.130 Solicitation of contributions.
No officer, agent, or employee, under the government of the city, and no candidate for any city office will,
directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assess-
ment, subscription, contribution, or political service, whether voluntary or involuntary, for any political pur-
pose whatsoever, from anyone on the employment lists or holding any position under the provisions of this
chapter.
No officer or employee in the city service will, directly or indirectly solicit or receive, or be in any manner
concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or in-
voluntary, for any purpose affecting his or her working conditions, from any person other than an officer or
employee in the city service. (Ord. NS-793 §§ 5, 7, 2006; Ord. 1120 § 14, 1970)
2.44.140 Right to contract for special service.
The city manager will consider and make recommendations to the city council regarding the extent to which
the city should contract for the performance of technical services in connection with the establishment or
operation of the personnel system. The council may contract with any qualified person or agency for the per-
formance of all or any of the following responsibilities and duties imposed by this chapter:
A. The preparation of personnel rules and subsequent revisions and amendments thereof;
B. The preparation of a position classification plan, and subsequent revisions and amendments thereof;
C. The preparation of a plan of compensation, and subsequent revisions and amendments thereof;
D. The preparation, conduct, and grading of competitive tests;
E. Special and technical services of advisory or informational character on matters relating to personnel
administration. (Ord. NS-793 § 5, 2006; Ord. 1120 § 15, 1970)
2.44.150 Appropriation offunds.
The council will appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord.
NS-793 § 5, 2006; Ord. 1120 § 16, 1970)
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Chapter 2.48
EMPLOYER-EMPLOYEE RELATIONS*
Sections:
2.48.010
2.48.020
2.48.030
2.48.040
2.48.050
Title.
Statement of purpose.
Rules and regulations.
Construction.
Severability.
Prior ordinance history: Ord. Nos. 1181, 1199, 1206, 1225, 1231, 1238, 1246, 1250, 1261, NS-117, NS-159, NS-291, and NS-
676.
2.48.010 Title.
The ordinance codified in this chapter will be known as the employer-employee relations ordinance of the
city. (Ord. NS-793 § 17, 2006)
2.48.020 Statement of purpose.
The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the
state (Sections 3500, et seq.) captioned "Public Employee Organizations," by providing orderly procedures
for the administration of employer-employee relations between the city and its employee organizations and
for resolving disputes regarding wages, hours, and other terms and conditions of employment. (Ord. NS-793
§ 20, 2006)
2.48.030 Rules and regulations.
The city council may adopt such rules and regulations necessary or convenient to implement the provisions
of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the state. (Ord. NS-793 § 21,
2006)
2.48.040 Construction.
A. Nothing in this chapter will be construed to deny any person or employee the rights granted by federal
or state laws.
B. The rights, powers and authority of the city council in all matters, including the right to maintain any
legal action, will not be modified or restricted by this chapter.
C. The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4,
Title 1 of the Government Code of the state (Sections 3500, et seq.). (Ord. NS-793 § 22, 2006)
2.48.050 Severability.
If any provision of this chapter or the application of such provision to any person or circumstance is held in-
valid, the remainder of this chapter or the application of such provision to persons or circumstances other
than those as to which it is held invalid will not be affected thereby. (Ord. NS-793 § 23, 2006)
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Chapter 2.52
ACCESS TO CRIMINAL RECORDS
Sections:
2.52.010 Criminal conduct-Ineligibility for license and permits-Authorized access to
records.
2.52.020 Criminal conduct-Ineligibility for employment-Authorized access to records.
2.52.010 Criminal conduct-Ineligibility for license and permits-Authorized access to records.
Whenever any section of this code requires disqualification from any permit or license issued pursuant to
this code because of the conviction, including pleas of guilty or nolo contendere, of a felony or a misde-
meanor, then, pursuant to Section 11105 of the Penal Code of the State of California, the following officers
of the city are authorized to have access to, and to utilize, State Summary Criminal History Information when
needed to assist them in fulfilling the licensing or permit issuing duties set forth in this code:
A. City council;
B. Chief of police;
C. City clerk;
D. City attorney;
E. Assistant city attorney;
F. City manager;
G. Any other person designated by the chapter of this code which establishes the disqualification. (Ord.
1214 § 1, 1979)
2.52.020 Criminal conduct-Ineligibility for employment-Authorized access to records.
Whenever any section of this code or any resolution of the city council requires disqualification from any po-
sition of employment by the city, then, pursuant to Section 11105 of the California Penal Code, the following
officers of the city are authorized to have access to, and to utilize, State Summary Criminal History Infor-
mation when needed to assist them in fulfilling employment duties set forth in this code or by such resolu-
tion:
A. City council;
B. City manager;
C. Personnel director;
D. City attorney;
E. Assistant city attorney;
F. Any other officer or employee of the city to whom the city manager has delegated any of the powers
and duties conferred upon him or her as personnel officer. (Ord. 1214 § 1, 1979)
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