HomeMy WebLinkAbout2017-11-14; City Council; ; City Council Review and Discussion of Carlsbad Municipal Code Chapter 1.20 - Meetingse CITY COUNCIL Staff Report
Meeting Date:
To:
From:
Staff Contact:
Nov. 14, 2017
Mayor and City Council
Kevin Crawford, City Manager
Celia Brewer, City Attorney
Celia.brewer@carlsbadca.gov
CA Review -f!3.._
Subject: City Council Review and Discussion of Carlsbad Municipal Code Chapter
1.20 -Meetings
Recommended Action
Review, discuss and by minute motion approve or amend section by section the proposed
changes to the draft Carlsbad Municipal Code Chapter 1.20.
Executive Summary
The City Council directed staff to commence work on updating the Carlsbad Municipal Code
(Code) at the regular meeting held on May 23, 2017. As one of the first items of focus, City
Council requested that staff coordinate a workshop to allow discussion of desired updates
regarding Chapter 1.20-City Council Procedure. On August 29, 2017, the City Council held a
facilitated workshop to discuss the rules governing its meetings. Staff along with a consultant
compiled the input provided and have prepared the attached updated draft Chapter 1.20 for
Council consideration.
Discussion
During the workshop held Aug. 29, the City Council identified four major policy objectives
applicable to all meetings of the council and other city boards and commissions. First, the
purpose of meetings is to conduct business. The rules for conduct of meetings should facilitate
that purpose. Second, meetings should be open and public because public participation
through provision of input and observation of proceedings is essential to the accomplishment
of city business. The rules for conduct of meetings should facilitate public input and
observation. Third, civil discourse and respect for differing views are essential for
representative democratic government. The rules of conduct should assure that all persons
participating in meetings are shown and treated with respect, and the rules should prohibit
behavior that disrupts meetings. Fourth, rules for conduct of meetings should be consistently
applied. The presiding officer should endeavor to conduct meetings in an orderly, even-handed
and businesslike manner. Consistent with these policy objectives, the City Council identified
issues to be addressed in the update to chapter 1.20. These include clarifying rules applicable
to public participation, management of the agenda, the role of the presiding officer, and
general rules of procedure. The proposed amendments are intended to update and simplify
the rules for conduct of city meetings in a manner consistent with the policy objectives and
discussion during the Aug. 29 workshop.
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The overarching policies for conduct of meetings are consolidated and stated in the first section
of the revised chapter (§1.20.010). These policies include:
• Meetings of the city council, city boards and commissions, and other legislative bodies of
the city will be held according to the requirements of the Ralph M. Brown Act.
• Council members, city officers and employees, and members of the public are expected to
observe good order and decorum.
• A declaration of the city's commitment to safe and orderly meetings, free from intimidation,
harassment, and disruption. To promote civic engagement, orderly deliberation, and
efficient conduct of city business, the following general rules of conduct apply to all city
meetings:
o Interactions among all meeting participants will be conducted in a mutually
respectful manner.
o Threats of violence will not be tolerated.
o Insulting, demeaning, intimidating, or offensive communications will not be
tolerated.
o Conduct intended to disrupt the orderly conduct of business will not be tolerated.
o Individuals or groups who continue to interrupt or interfere with the orderly conduct
of a meeting may be removed from the meeting.
o Weapons and any object that may be used to inflict serious bodily injury are
prohibited at city meetings except those lawfully in the possession of authorized city
personnel.
Additional general rules governing conduct of meetings are consolidated in sections 1.20.130
and 1.20.140. Section 1.20.130 establishes rules applicable to all participants, including council
members, staff, and the public. Section 1.20.140 establishes rules applicable to public
participation. Minor changes have been made to the rules governing speaker time, speaker
slips, and group time. Under the proposed amendments, speaker slips are required for all
matters, including matters scheduled for public hearing. Speakers will be called in the order
that speaker slips are received. For public hearings, public speakers will be called following the
applicant's presentation in the order that the slips are received without regard to whether a
speaker is for or against a project. Speaker time for individuals will be limited to three minutes.
Representatives of groups will be permitted up to 10 minutes for the group presentation,
unless additional time is allowed by vote of the council. The group representative must identify
the group and list not fewer than three members of the group who will be present during the
meeting at which the presentation is made. The public hearing rules have been consolidated
into section 1.20.160. Under the proposed revisions, the applicant's time will be shortened to
10 minutes for the initial presentation and 5 minutes for response to public comment.
The proposed amendment consolidates provisions governing the agenda in section 1.20.060,
and regarding the agenda packet in section 1.20.070. The proposal streamlines the process for
individual council members to place items on the agenda. As proposed, any member of the
council may request a matter to be placed on an agenda by submitting a request to the city
manager. Matters placed on the agenda by a council member do not require a staff report, but
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the council member may provide a report or other documents relevant to the item the council
member has requested to be placed on the agenda. The city manager or city attorney may
provide a report or recommendation relating to a matter placed on the agenda by a council
member. The City Council may also direct that a matter be placed on a future agenda.
The proposed amendment updates the code by streamlining code language, consolidating
many provisions that were previously separated into individual code sections, and eliminating
provisions that duplicated or paraphrased provisions of state statute. For further discussion,
please see the comments on the red line version of the proposed amendments attached to the
staff report.
Fiscal Analysis
Council adopted Resolution No. 2017-095 authorizing 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
Staff will return to Council with a proposed Ordinance for introduction codifying the consensus
reached at this meeting.
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
The draft changes to Carlsbad Municipal Code Chapter 1.20 were provided to the City Council
and posted on the city's website on Thursday, Nov. 2, 2017. In addition, notification was
provided via the city's social media outlets.
Exhibits
1. Carlsbad Municipal Code Chapter 1.20-Clean Copy
2. Carlsbad Municipal Code Chapter 1.20-Redline
Nov. 14, 2017 Item #3 Page 3 of 74
Sections:
1.20.010
1.20.020
1.20.030
1.20.040
1.20.050
1.20.060
1.20.070
1.20.080
1.20.090
1.20.100
1.20.110
1.20.120
1.20.130
1.20.140
1.20.150
1.20.160
1.20.170
1.20.180
1.20.190
1.20.200
1.20.210
1.20.220
1.20.230
1.20.240
1.20.250
1.20.260
1.20.270
1.20.280
1.20.290
1.20.300
1.20.310
1.20.320
Chapter 1.20
MEETINGS
Policies applicable to all meetings.
Regular, special, and emergency city council meetings.
Adjournment of meetings.
Quorum
Confidentiality of closed sessions.
Council agenda.
Agenda packet.
Minutes.
Recordings of meetings.
Role of presiding officer.
Commencement of meetings.
Consent calendar.
General rules of procedure.
Public participation.
Use of city equipment.
Conduct of public hearings.
Decision following public hearing.
Application to administrative hearings.
Application of procedures required by law.
Evidence -record of proceedings.
Subpoenas.
Enforcement of decorum.
Motions.
Rules relating to motions.
Council action.
Resolutions.
Ordinances.
Correction of documents.
Failure to observe procedures -waiver.
Limitation on liability.
Appeals procedure.
Correspondence addressed to the city council.
1.20.010 Policies applicable to all meetings.
Exhibit 1
A. Meetings of the city council, city boards and commissions, and other
legislative bodies of the city will be held according to the requirements of the
Ralph M. Brown Act [California Government Code Title 5, Div. 2, Part 1, Ch.
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9, commencing with sec. 54950, referred to in this Code as the "Brown Act"] and this chapter. Meetings will be open and public, except for closed sessions held as authorized by the Brown Act.
B. When a meeting is in session, council members, city officers and employees,
and members of the public are expected to observe good order and decorum,
and to not by conversation or otherwise, improperly delay or interrupt the
proceedings, nor refuse to obey the lawful directives of the presiding officer.
C. The city is committed to maintaining safe and orderly meetings, free from intimidation, harassment, and disruption. Public participation is
encouraged provided that participants abide by the rules of conduct and
procedure established by this chapter. The city council finds and declares
that it is important to remember that no one has a constitutional right to
disrupt a public meeting by attempting to impose their own voice or actions
in a manner that is loud, boisterous, or unruly where such conduct is
substantially disruptive of the meeting itself, and continues after the
presiding officer has requested the person or persons to stop. The issue in such cases is not about the content of speech, unless the content itself
violates the law, but rather with the extent of disruption caused to the
meeting itself by the manner and conduct of the disrupter's actions.
Therefore, to promote civic engagement, orderly deliberation, and efficient
conduct of city business, the following general rules of conduct apply to all
city meetings:
1. Interactions among all meeting participants will be conducted in a mutually respectful manner.
2. Threats of violence will not be tolerated.
3. Insulting, demeaning, intimidating, or offensive communications will
not be tolerated.
4. Conduct intended to disrupt the orderly conduct of business will not be
tolerated.
5. Individuals who continue to interrupt or interfere with the orderly
conduct of a meeting may be removed from the meeting, after the
presiding officer has directed the person to cease the interruption or
interference and warned that continued interruption or interference
may result in removal from the meeting. If a meeting is willfully
interrupted by a group or groups of persons so as to render the orderly
conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the
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presiding officer, subject to objection by a majority of council members
in attendance, may order the meeting room cleared and the meeting
may continue as provided in section 54957.9 of the Brown Act.
6. Weapons and any object that may be used to inflict serious bodily
injury are prohibited at city meetings except those lawfully in the possession of authorized city personnel.
D. Terms defined in the Brown Act have the same meaning when used in this
chapter.
1.20.020 Regular, special, and emergency city council meetings.
A. Regular city council meetings will be held on the dates and at the times
established by city council resolution. Regular city council meetings will be held at City Hall in the city council chamber, unless a different location has been designated by the mayor or action of the city council. If the mayor, a
majority of the city council, city manager, fire chief, police chief, or building
official determines that the council chamber is unsafe for a meeting due to an
emergency, regular meetings may be held for the duration of the emergency
at a location that is designated on the agenda or other notice of the meeting.
B. Special city council meetings may be called by the mayor, a majority of the
city council, the city manager, or the city attorney. Notice of a special meeting must be given and posted as provided in section 54956 of the Brown Act. The notice must include the date, time, and location of the meeting, and
a brief statement of the business to be transacted or discussed. No other
business may be transacted or discussed at the meeting. A special meeting
regarding the salaries, salary schedules, or compensation paid in the form of
fringe benefits, of the city manager, city attorney, any department head, or
other executive level employee is prohibited, however, special meetings to
discuss the city's budget are permitted.
C. During emergency situations, meetings may be held as provided in section
54956.5 of the Brown Act.
D. City council meetings may be held concurrently as meetings of the legislative
body of any public agency the governing body of which is comprised of the
members of the city council. When a concurrent meeting is held, the
presiding officer or clerk will commence the meeting with the announcement required by section 54952.3 of the Brown Act. The city clerk may include the information required by section 54952.3 on the agenda for a meeting, and the oral announcement may be made by reference to that information. As used
in this chapter, city council also means the legislative body of any public
agency the governing body of which is comprised of the members of the city
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council.
E. The city clerk and city manager are authorized and directed to prepare,
deliver, and post meeting notices.
1.20.030 Adjournment of meetings.
Meet:i'ngs may be adjourned to a time and place stated in the notice of adjournment
and as provided by law. The presiding officer may adjourn any meeting without need for a motion and absent the objection of a majority of the quorum. Once
adjourned, a meeting may not be reconvened, except at the time and place stated in
the notice of adjournment. A regular meeting may not be adjourned to a date
beyond the next regular meeting. The city clerk and city manager are authorized
and directed to prepare, deliver, and post notices of adjournment. Notice of
adjournment is not required when a meeting is adjourned without specification of the time and date when it will be reconvened.
1.20.040 Quorum.
A quorum necessary for the transaction of business at a meeting of the city council
exists whenever a majority of the council are present. A meeting may be adjourned
for lack of a quorum by the presiding officer or, in the absence of a presiding officer,
any member of council or the city clerk. A member disqualified from participation
in a matter due to a conflict of interest will not be counted toward achieving a
quorum as to that matter. If a disqualification due to a conflict of interest results in
the lack of a quorum, consideration of the matter will be deferred until either a quorum of non-disqualified council members are present, or a quorum is determined
as defined in and subject to the regulations of the Fair Political Practices
Commission.
1.20.050 Confidentiality of closed sessions.
The privilege of confidentiality of closed sessions is held by the city council.
No person may disclose any information communicated during a closed session.
This prohibition does not apply to:
1. Disclosures expressly authorized by action taken by a majority of the
city council;
2. Reports of action taken in closed session;
3. Disclosures expressly authorized or required by law;
4. Confidential disclosures to a council member, city employee, or other
person authorized to attend a closed session without loss of the privilege of
confidentiality.
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1.20.060 Council agenda.
A. The city clerk, under direction of the city manager, will prepare an agenda for
each council meeting. The agenda for a special or emergency meeting may be
combined with the notice of the meeting.
B. An agenda will contain the following information:
1. The date, time and location of the meeting;
2. The order of business and a brief general description of each item of
business to be transacted or discussed at the meeting, including a brief
statement of the specific action requested or recommended to be taken
by the council;
3. A description of each closed session matter substantially in the manner authorized by section 54954.5 of the Brown Act;
4. Information relating to special services available to persons with
disabilities to permit those persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting,
time limits for public participation, rules of decorum, presentation of materials, and
other similar matters.
C. The city manager is responsible for scheduling matters for consideration by the council based on established council priorities, the city's business and
governmental needs, and requirements of applicable law. Items of business may be
placed on the agenda by any member of the council, the city manager or the city
attorney, or by council action. Council originated items must be submitted to the
city manager not less than seven days before the date of the council meeting at
which the member desires the item to appear on the agenda. Nothing in this
section precludes a council member from requesting council action to place an item on the agenda for a future meeting.
D. The city clerk, is authorized and directed to post agendas in accordance with
applicable law, including posting on the city's website. The city clerk is also
authorized and directed to mail agendas to persons and organizations who have
filed a request for a mailing of agendas and have paid the fee in the amount
established by the city for that service. Before posting or mailing an agenda, the
city clerk must obtain approval of the agenda from the city manager and city
attorney. The agenda may be made available and delivered in electronic format.
E. The agenda for regular meetings will be based on the following order of
business:
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1. Call to order;
2. Announcement of concurrent meetings;
3. Roll call;
4. Pledge of allegiance;
5. Invocation;6.Approval of minutes;
7. Special presentations;
8. Public comment on matters not listed on the agenda;
9. Consent calendar;
11. Ordinances for introduction;
12. Ordinances for adoption;
13. Matters requiring a public hearing, notice of which is required by law;
14. Matters not requiring a noticed public hearing
15. Council commentary and requests for consideration of matters;
16. Additional public comment on matters not appearing on the agenda;
17. Announcements;
18. Adjournment.
F. When a meeting is a concurrent meeting of the city council and the legislative
body of any public agency the governing body of which is comprised of the members
of the city council, action will be deemed to have been taken by the appropriate
legislative body with jurisdiction over the matter.
1.20.070 Agenda packet
A. The city manager is responsible for all staff reports and other documents relevant to each item of business placed on an agenda by the city manager or by
council action. The city attorney is responsible for all staff reports and other
documents relevant to each item of business placed on the agenda by the city
attorney. Matters placed on the agenda by a council member do not require a staff
report, but the council member may provide a report or other documents relevant to
the item the council member has requested to be placed on the agenda. The city
manager or city attorney may provide a report or recommendation relating to a
matter placed on the agenda by a council member. Staff reports and other
documents relevant to items of business, including reports and other documents provided by a council member with respect to an item placed on the agenda by that
council member, must be delivered to the city clerk not later than 5:00 p.m. on the
Wednesday preceding a regular meeting, or 72 hours before the date of a special
meeting. The city clerk, under the direction of the city manager, is responsible for
compiling the reports and other documents and for preparing an agenda packet.
B. Ordinances, resolutions, and contract documents must be prepared or
approved by the city attorney before delivery to the city clerk for inclusion in the
agenda packet. Nothing in this chapter is intended to preclude the city council from orally amending any ordinance, resolution, contract, or other document presented to
it prior to final action at a meeting.
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C. Correspondence, including electronic mail, relating to an item of business on
an agenda received by the city clerk before 5:00 p.m. of the Wednesday preceding a
regular meeting will be included as part of the agenda packet materials for that
item; correspondence received later may be included in the agenda packet in any
manner or may be delivered to the city council by different means.
D. The agenda packet for a regular meeting will be delivered to the council
members not later than the Friday preceding the meeting. The agenda packet will
be available to the public at the office of the city clerk and posted on the city's
website on the same day that it is delivered to the council members. An agenda
packet for a special or emergency meeting may be delivered to the council and �ade
available to the public at the meeting. The City clerk is also authorized and
directed to mail agenda packets to persons and organizations who have filed a
request for a mailing of agenda packets and have paid the fee in the amount
established by the city for that service. Agenda packets may be made available and
delivered in electronic format
1.20.080 Minutes.
A. The city clerk is responsible for the minutes of all city council meetings,
except closed sessions. The minutes will be a record of each particular type of
business transacted or discussed but a verbatim transcript of the proceedings is not
required. The minutes may include the names 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. The clerk will include in the minutes of
the meeting a council member's statement on a matter upon request made by that
council member at the time the statement is made. Any council member may have
the reasons for his or her support for or dissent from any action of the council
entered in the minutes by making a request in substantially the following manner:
"I would like the minutes to show that I [support] [am opposed to] this action for the
following reasons ... "
B. The city clerk will prepare proposed minutes and present them to the city
council for approval.
C. The minutes may be approved without reading if the clerk has included the
proposed minutes in the agenda packet. The minutes will be read before approval
upon motion approved by the city council. Proposed amendments to the minutes as
submitted by the city clerk must be verified by the city clerk prior to approval by
the city council. Following approval, minutes of meetings will be permanently kept
in a format or medium suitable for storage of permanent public records.
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1.20.090 Recordings of meetings.
A. The city clerk may record city council meetings as an aid in the preparation
of minutes. Recordings will be retained in accordance with the City's adopted
Records Retention Schedule unless a longer retention is required by the city council, the city manager, or the city attorney.
B. Prior to reuse or erasure, 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;
recordings may be duplicated under procedures established by the clerk. 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 necessary for use by the
city clerk in the ordinary function of the office. Except as provided for in Chapter
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 integrity 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. A person may request that the clerk preserve a record of the city council
meeting, or any portion thereof, by filing a written request with the city clerk 24
hours prior to the meeting. If such a request is received, the city clerk will arrange
to make and preserve such a record at the expense of the person making 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. The city manager may
make reasonable accommodations to assure that the reporter is seated at a position
at the meeting to facilitate accurate recording.
E. Any person may film, video tape, photograph or audio tape a city council
meeting in the absence of a reasonable finding by the presiding officer that the
recording cannot continue without noise, illumination or obstruction of view that
constitutes or would constitute a persistent disruption of the proceedings. Meetings
may be televised by any person if it can be accomplished without noise, illumination or obstruction of view that constitutes or would constitute a persistent disruption of
the proceedings.
1.20.100 Role of the presiding officer.
A. The presiding officer is the mayor, or in the mayor's absence, the mayor pro
tern. In the absence of both the mayor and mayor pro tern, the presiding officer will
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be selected from among the council members constituting the quorum for the
meeting. 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 members present. Upon the arrival of the mayor or the mayor pro tern, the
temporary presiding officer shall relinquish the chair at the conclusion of the
business then before the council.
B. The presiding officer will endeavor to conduct the meeting in an orderly,
even-handed and businesslike manner, substantially the order and manner
provided on the agenda. Members should have a full and equal opportunity to
express their respective views. Matters should be fully deliberated before action is
taken.
C. The presiding officer may move, second, debate, and vote from the chair. The
presiding officer is not deprived of any of the rights and privileges of a council
member due to acting as presiding officer. The presiding officer or such person as
the presiding officer may designate may verbally restate each question immediately
prior to calling for the vote.
D. The presiding officer is responsible for the maintenance of order and decorum
at all meetings. The presiding officer will decide all questions of order and
procedure under this chapter, subject to the right of any council member to request
a ruling by the quorum, and the question shall be, "Shall the decision of the
presiding officer be sustained?" Requests for a ruling by the quorum require a
second and will be promptly considered. A majority vote of the quorum will
conclusively determine the question.
1.20.110 Commencement of meetings.
At the time set for each regular meeting, each member of the council, the city
manager, city clerk, city attorney and such department heads or others as have
been requested to be present shall take their regular places in the council chambers.
The presiding officer will call the meeting to order. Before proceeding with the
business of the council, the city clerk will call the roll of the council members and
the names of the members present will be entered in the minutes. If the meeting is
a concurrent meeting of the city council and one or more legislative bodies of a
public agency for which the city council is the governing body, the city clerk will also
make the announcement required by law.
1.20.120 Consent calendar.
An agenda may contain a consent calendar of items grouped together for action by
single motion and without discussion when the items are considered by the city
manager to be routine, noncontroversial, or in the nature of housekeeping matters.
The actions recommended or requested by the city manager will be included in
summary form in the agenda description of each consent calendar item. Before
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accepting a motion to approve the consent calendar, the presiding officer must
determine whether any council member, city officer or employee, or member of the
public desires to be heard on one or more consent items. In that event, the presiding
officer will defer action on the particular matter or matters as part of the regular
agenda in any order deemed appropriate. A council member may record a negative
vote or an abstention on a consent calendar item without removing the item for
discussion by so stating prior to the vote on the motion to approve the consent
calendar. A request from the public to discuss an item on the consent calendar
must be filed with the city clerk in writing prior to council consideration of the
consent calendar. The city clerk is directed to include on an agenda containing a
consent calendar a statement of this requirement along with a summary of the
procedure for consideration of consent calendar items.
1.20.130 General rules of procedure
A. Every council member, city officer or employee, or any other person desiring
to speak during a council meeting must first gain recognition by the presiding
officer. Following recognition by the presiding officer, the speaker must confine him
or herself to the question or matter under consideration, avoiding reference to
character and indecorous language.
B. Every council member desiring to question the city staff will address the
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. Members of the public desiring to ask a question regarding an item
on the agenda must do so only when public comment regarding an item is
permitted. Questions from a member of the public must be directed to the presiding
officer, who may refer the question to any member of the city council, city manager,
or city attorney as the presiding officer deems appropriate.
C. Once a council member, city officer or employee, or other person has been
recognized and allowed to speak by the presiding officer, the person will be allowed
to conclude his or her remarks without interruption, except an interruption by the
presiding officer to preserve order, subject to applicable time limits. A council
member seeking to raise a point of order or personal privilege must first gain
recognition from the presiding officer. If a council member while speaking is called
to order, the council member shall cease speaking until the question of order is
determined, and if determined to be in order, the council member may proceed. If
interrupted by the presiding officer, city officers and employees and members of the
public must cease speaking until further authorization by the presiding officer.
D. The right of a council member to address the council on a question of personal
privilege is 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
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member raising a point of personal privilege may interrupt another council member who has the floor only if the presiding officer recognizes the privilege.
E. 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.
F. Voting will be conducted using the voting system installed in the council
chambers, unless the city council dispenses with use of the voting system or the
system is not functioning. If the voting light system is not used, voting will be by
voice vote or other system by which the vote of each council member is made known
to the public. Secret ballots are prohibited.
G. Every council member should vote unless disqualified due to conflict of
interest. A council member who abstains from voting acknowledges that a majority
of the quorum may decide the question voted upon, however, ordinances,
resolutions, orders for franchise or payments of money, or adoption or amendment of a specific or general plan require the affirmative vote of a majority of the city
council (i.e., three affirmative votes).
H. For matters that may be decided by a majority of the quorum, tie votes
constitute "no action," and the matter voted upon remains before the council and is
subject to further council consideration. If the presiding officer determines that city
council is unable to take action on a matter during a meeting because of a tie vote, the city clerk shall place the item on the next regular meeting of the city council for
further consideration. For matters that require approval by affirmative vote of a
majority of the city council, any vote of less than the required number of affirmative
votes results in denial of the action, unless a member of the city council who did not
vote in the affirmative requests that the matter remain open for further
consideration. For matters involving development applications before the council
because of a recommendation or appeal from the planning commission or design
review board, if a final decision of the city council is not reached within 60 days of the date of the first meeting at which the matter is considered, the matter will 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.
I. A council member may change his or her vote immediately following the
announcement of the result of a vote on a matter by the presiding officer and before
the next item of business. Except in the case of a tie vote, a council member who
publicly announces that he or she is abstaining from voting on a particular matter
may not withdraw his or her abstention.
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Nov. 14, 2017 Item #3 Page 14 of 74
J. A motion to reconsider any action taken by the council may be made only at the meeting such action was taken, including a recessed or adjourned session thereof and by a council member who voted with the prevailing side. Consideration of action to rescind, repeal, cancel or otherwise nullify prior council action is in order at any subsequent meeting of the council, subject to placement of the matter on the agenda in the same manner as any new item of business. The
effect of such action will operate prospectively and not retroactively and will not
operate to adversely affect individual rights which may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties. Any interested person aggrieved by a quasi-adjudicatory decision of the council may request the rescission, repeal, cancellation, nullification or amendment of the decision by filing a written request for such action with the city clerk. The request must state the grounds upon which the request is made and be accompanied by a processing fe e in an amount determined by city council resolution.
1.20.140 Public participation. A. Members of the public may address the council on items of business listed on an agenda of any meeting. Persons desiring to address the council regarding an item on the agenda, including an item listed on the consent calendar or items noticed for a public hearing, must submit a request to speak to the city clerk before the item is called by the presiding officer. The presiding officer, with the
unanimous consent of the council, may allow a person who has not filed such a
request to address the council.
B. At regular meetings, including adjourned regular meetings, members of the public may address the council on items not appearing on the agenda during the portion of the agenda set aside for this purpose. The total amount of time set aside for this purpose at the beginning of the meeting will not exceed 15 minutes, additional time will be set aside at the end of the meeting. Persons addressing the
council must confine their remarks to matters within the subject matter jurisdiction
of the city council or a public agency for which the city council services as the
governing body. Persons desiring to address the council on items not appearing on the agenda must submit a request to speak to the city clerk before the meeting is called to order. The presiding officer, with the unanimous consent of the council, may allow a person who has not filed such a request to address the council.
C. The city clerk will organize speaker slips pertaining to each agenda item in the order received and persons will be invited to address the council based on that
order. Upon direction of the presiding officer, the names will be called by the city
clerk.
D. Members of the public will address the council from the podium provided for that purpose. Each member of the public will be permitted to speak for up to three
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Nov. 14, 2017 Item #3 Page 15 of 74
minutes, unless the presiding officer has announced a shorter duration at the
commencement of the item under consideration. A shorter duration may be set
when the presiding officer or majority of the quorum determine that length and
duration of public comments on a matter would be unduly burdensome and prevent
or frustrate the city council from reaching a timely decision on the matter. Persons
must confine their remarks to the agenda item under consideration. A speaker may
not yield time to another speaker.
E. After the presiding officer has closed the public input portion of an agenda
item, no member of the public may address the council without first being
recognized by the presiding officer and securing permission to do so by a majority
vote of the city council.
F. To facilitate organized presentations, a representative of a group of persons
may submit a request to speak on behalf of the group. The representative must
identify the group and list not fewer than three members of the group who will be
present during the meeting at which the presentation is made. The presentation on
behalf of the group may not exceed 10 minutes unless additional time is authorized
by a majority of the quorum.
G. For items listed on the agenda, members of the public will generally be
invited to speak following the staff presentation, if any, and before city council
discussion of the item. For items removed from the consent calendar at the request
of a member of the public, the presiding officer may invite the speaker to address
the council and may defer or waive presentation of a staff report.
1.20.150 Use of city equipment.
Persons desiring to use city information system or communication equipment for
presentation of information to the council must make arrangements in advance
with the city manager. The city manager may establish reasonable rules regarding
format, security, time for submission, and other similar matters.
1.20.160 Conduct of public hearings.
A. The provisions of this section apply to matters listed on the agenda as public
hearing items. Except as otherwise provided in this section, all of the provisions of
this chapter apply to matters listed as public hearing items.
B. Public hearings will be noticed to begin at the time the council convenes,
unless otherwise determined by the city manager or directed by the city council in
which case the notice of public hearing and agenda may state a different time. If
there is more than one public hearing scheduled for a meeting, the hearihgs will be
held in the order stated on the agenda unless the council changes the order.
Meetings may be adjourned when necessary or convenient to complete a hearing or
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Nov. 14, 2017 Item #3 Page 16 of 74
schedule of hearings. Hearing will commence at the time stated on the agenda or as
soon thereafter as the conduct of business at the meeting permits.
C. All documents intended by the city to be part of the record of the hearing and
any correspondence received by the city pertaining to the subject matter of the
hearing will be available at the office of the city clerk at least 24 hours prior to
commencement of the hearing. This provision does not preclude the submission by
any person of supplemental or additional information during the hearing.
D. The applicant will be permitted 10 minutes to make a presentation, not
including time to respond to questions by members of the city council, and five
minutes to respond to comments by members of the public. As used in this section,
applicant includes any person or entity whose rights or interests are directly the
subject matter of the hearing.
E. The order of the hearing will 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. Comments by members of the public;
5. Response by staff or applicant to facts or issues raised by public
comments;
6. Council discussion and action.
F. The presiding officer may, set longer time limits than otherwise allowed by
this chapter for adequate presentation of testimony and evidence to provide a fair
hearing. The decision of the presiding officer may be appealed to the council.
G. 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 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 subdivision.
H. Before commencement of council discussion and action, the presiding officer
may order closed the public input portion of the hearing, at which time no further
evidence, either oral or written, will be accepted by the council except in response to
a question by a council member; provided, however, that this rule may be relaxed by
the presiding officer where it appears that good cause exists to hear further
evidence concerning the matter which is the subject of the public hearing. Following
completion of questions by council members, the presiding officer may order the
public hearing closed. A public hearing once closed cannot be reopened on the date
set for hearing unless the presiding officer determines that all persons who were
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Nov. 14, 2017 Item #3 Page 17 of 74
present when the hearing closed are still present. Nothing in this section, however,
is intended to prevent or prohibit the reopening of a public hearing at any
subsequent meeting, provided notice is first given in the manner required for the
initial hearing.
I. A public hearing may be continued to a date certain any time before the closing of the hearing in order to permit presentation of additional written or oral evidence, or return the matter to the planning commission for further consideration.
The presiding officer will publicly announce the date, time, and place that the
hearing will reconvene, and further evidence will be taken, and the announcement
constitutes sufficient notice to the public of the date, time, and place of the
continued hearing. If the matter is returned to the planning commission for further
consideration, the presiding officer must publicly announce that the matter has
been returned to the planning commission for consideration and may announce the date, time and place that the hearing will be continued to receive the further report
by the planning commission. If the presiding officer announces the date, time, and
place of the continued hearing, the clerk will post a notice of continuance in the
same manner as for posting notices of an adjourned meeting, however no further
public notice is required. If the presiding officer does not announce the date, time,
and place for continuance of the matter following return to the planning
commission, the hearing will be noticed in the same manner as for the initial public
hearing.
1.20.170 Decision following a public hearing.
A. A decision may be made at any time following the close of a public hearing.
The council may adopt a resolution or ordinance recommended by staff and
presented as part of the agenda packet, or may indicate its intended decision and
instruct the city attorney to return with the resolution or ordinance necessary to
affect the decision. For decisions that include a quasi-adjudicative determination,
the council may adopt the resolution or ordinance, as presented or as may be
amended by the council, if it determines that the findings contained in the document are supported by the evidence presented at the hearing and the decision
is supported by the findings. The city council's decision is not final until adoption of
the documents.
B. A council member who was absent from all or a part of a public hearing shall
not participate in a decision on the matter unless 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 represents that he or she has a full understanding of the matter.
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Nov. 14, 2017 Item #3 Page 18 of 74
1.20.180 Application to administrative hearings.
The procedures for conduct of public hearings will apply to any quasi-adjudicative
administrative hearing conducted by the city council except as provided in section
1.20.190.
1.20.190 Application of procedures required by law.
Whenever the requirements of this code or other law require that hearings
regarding a particular matter be conducted pursuant to a specific procedure, the
provisions of the law establishing the requirements shall prevail over this chapter
to the extent of any inconsistency. Specific rules of procedure for an administrative
hearing established by official action of the city council, upon recoinmendation of
the city attorney, will prevail over the provisions of this chapter to the extent of any
inconsistency with respect to that hearing and other hearings of a similar nature.
1.20.200 Evidence -record of proceedings.
A. A decision of the city council may be based on any relevant evidence provided
to the city council for its consideration of an item and accepted into the record of the
proceedings by the presiding officer or made a part of the record of the proceedings
pursuant to this section. In addition, to oral presentations and documents
presented at a meeting, the city council may consider any adopted general plan,
specific plan, ordinance, resolution, or other record of official action of the city, and
facts of common, general knowledge. The rules of evidence as established by law for
judicial proceedings in the State of California are not applicable to proceedings of
the city council and any credible, relevant evidence appropriate to afford a full
presentation of the facts necessary or convenient for judicious consideration of the
matter which is the subject of the council's consideration may be presented at the
discretion of the presiding officer. Failure of the presiding officer to strictly enforce
rules of evidence or to reject matters that may be irrelevant or immaterial does not
affect the validity of the hearing. Any procedural errors that do not materially affect
the substantial rights of the parties will be disregarded. Rulings of the presiding
officer are subject to change by the city council in the same manner as any other
procedural order.
B. All materials included in the agenda packet for a meeting are evidence and
part of the record of the proceedings for the agenda item to which they pertain. It is
not necessary for materials included in the agenda packet to be read in full or
referenced at the meeting; however, the staff may present a summary of the
information as part of the staff presentation or upon request of the presiding officer.
In addition, any of the following may be presented to the city council during the
meeting and, if presented are evidence and part of the record:
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Nov. 14, 2017 Item #3 Page 19 of 74
1. Exhibits and documents not included in the agenda packet that are
used during the presentation by members of city staff and any persons
addressing the city council and are provided to the city council;
2. Maps and displays used at the meeting; provided that, whenever
practicable, they shall be displayed in full view of the participants and
the audience;
3. All written communications and petitions concerning an item
presented at a meeting if a request for inclusion in the record is made
and the presiding officer grants the request; however, reading of
communications and petitions is not required and will generally be
permitted only upon authorization by the presiding officer; and
4. Information obtained outside the council chambers, such as a view of
the site, provided the information, to the extent it is relied upon in a
quasi-adjudicative matter, is disclosed for the record.
C. The city clerk will retain all the agenda packet, exhibits, reports, maps and
other physical evidence placed before the council as public records. Such records
may be released by the clerk with the approval of the city attorney. Items that are
large, perishable, bulky or otherwise difficult to store may be returned to the person
submitting the item provided that the clerk retains a photographic, video, or digital
record of the item. The clerk may make and retain photographic, video, or digital
records of proceedings of meetings subject to the same requirements applicable to
other public records of the city.
D. Whenever any law requires that testimony presented to the city council
under oath or affirmation, the presiding officer or the city clerk may administer the
oath or affirmation.
1.20.210 Subpoenas.
The council may order the city clerk to issue, and the chief of police or
representative to serve, subpoenas for any witnesses or records necessary for the
production of evidence at any duly scheduled public hearing or quasi-adjudicative
administrative proceeding.
1.20.220 Enforcement of decorum.
A. The chief of police or such member of the police department as the chief, or
authorized agent, may designate, is the sergeant-at-arms of the city council. The
sergeant-at-arms is required to be available to respond to all meetings immediately
upon call, and will attend meetings at the request of the mayor, city manager, or
majority of the city council. The sergeant-at-arms is responsible for enforcing the
orders of the presiding officer given for the purpose of maintaining order 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.
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Nov. 14, 2017 Item #3 Page 20 of 74
The city council may require the presiding officer to enforce the rules upon approval of a motion by any council member.
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 or otherwise disrupts a meeting by failing to comply with the
rules established by this chapter, and continues to do so after the presiding officer
has directed the person to stop, commits an offense punishable as an infraction.
C. Any person arrested under subsection B of this section and who thereafter returns to the same meeting and again violates the provisions of subsection B of this section, commits an offence punishable as a misdemeanor.
D. Any person previously convicted under subsection B of this section, who
again violates the provisions of subsection B of this section, commits an offence punishable as a misdemeanor.
1.20.230 Motions. 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 may be made at any time during consideration of a matter on the agenda;
however, the presiding officer may defer recognizing a motion until after
presentation of a report of staff, public comment and questions by members. It is
not necessary for a motion to be pending for deliberation of a matter on the agenda.
If a motion is properly made, the presiding officer will call for a second. No further action is required on a motion that does not receive a second. If a motion contains two or more divisible propositions, the presiding officer may divide it and call for a separate vote on each proposition. A motion once made and seconded may not be withdrawn by the maker without the consent of the second. The presiding officer
may, and upon request of any member of the council will, restate a motion before a
vote, provided, however, that the presiding officer may request the restatement be
made by the city clerk or city attorney.
1.20.240 Rules relating to motions. A. When a main motion is pending, no other motion may be entertained except the following which shall have precedence, one over the other, in the following order:
1. Adjourn; 2. Recess;
3. Defer; 4. Call the question; 5. Limit or extend debate; 6. Refer to commission, committee, or staff;
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Nov. 14, 2017 Item #3 Page 21 of 74
7. Amend;
8. Continue;
9. Main motion.
B. A motion may not repeats a motion made previously at the same meeting
unless there has been some intervening council action or discussion. A motion may
not be made if a motion to call the question is pending, and if the question has been
called, until after the vote on the question. A motion may not be made while a vote
is being taken. A motion may not be made to interrupt of a council member while
speaking. A motion regarding a point of order or to direct the presiding officer to enforce a provision of this chapter may be made at any time.
C. The purpose and salient criteria of the motions listed in this subdivision A
are as follows:
1. Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another
date, time, or place is debatable and amendable as to the date, time, and place to which the meeting is to be adjourned.
2. Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite
time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of
recess.
3. Motion to defer:
Purpose. To set aside, on a temporary basis, a pending main motion;
provided that, it may be taken up again for consideration during the
current meeting or at the next regular meeting. A motion to defer is
also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
4. Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or
questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or
motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate:
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Nov. 14, 2017 Item #3 Page 22 of 74
Purpose. To limit or determine the time that will be devoted to
discussion of a pending motion or to extend or remove limitations
already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to
duration of the proposed limit or extension.
6. Motion to refer to commission, committee or staff:
Purpose. To refer the question before the council to a commission,
committee, or to the city staff for the purpose of investigating or
studying the proposal and to make a report back to the council. If the
motion fails, discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Motion to amend:
Purpose. To modify or change a motion that is being considered. An
amendment may be in any of the following forms: to "add" or "insert"
certain words or phrases; to "strike out certain words or phrases and to
add others"; to "replace" certain words, phrases or actions on the same
subject matter as the one pending; to "divide the question" into two or
more questions to allow for a separate vote on particular points. A
motion to amend shall relate to the subject of the main motion. A
motion to amend, including a motion to substitute an entire motion for
the one pending, shall not be used to change the nature of the main
motion, for example a motion to replace the word "approve" with the
word "disapprove" is prohibited where the nature of the main motion is
changed. If a motion to amend passes, then the main motion should be
voted on as amended.
Debatable or Amendable. It is debatable if the main motion to which it
applies is debatable. It is amendable, but a motion to amend an
amendment is not further amendable.
8. Motion to continue:
Purpose. To prevent further discussion and voting on the main motion
until a future date or event. If the motion fails, discussion and voting
on the main motion resumes. If it passes, the subject of the main
motion shall not be brought up again until the specified date or event.
Debatable or Amendable. It is debatable and amendable, however
amendments are limited to the date or event.
9. Main motion:
Purpose. The primary proposal or question before the council for
discussion and decision.
Debatable or Amendable. Yes.
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Nov. 14, 2017 Item #3 Page 23 of 74
1.20.250 Council action.
City council action will be taken by motions approved by vote of council members.
Action required by law to be taken by resolution or ordinance may be taken upon
approval by the required number of affirmative votes of a motion to approve or
adopt the resolution or ordinance. Action not requiring adoption of a resolution or
ordinance, including providing direction or authorization to a city officer or
employee, may be taken by motion recorded in the minutes of the meeting.
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be
included in the agenda packet. Resolutions will be prepared or approved by the city
attorney before submission to the city council. It is not necessary to read the
resolution by title or in full; provided it is identified by the presiding officer. Where
a particular resolution has not been prepared in advance, a motion may direct the
city attorney to prepare the document and return it to the council. When
necessary, a resolution may be presented verbally in motion form together with
instructions for written preparation. Upon execution of such a resolution, it shall
become an official action of the council.
1.20.270 Ordinances.
All ordinances will be prepared or approved by the city attorney before submission
to the city council. The city attorney will not prepare an ordinance unless directed
by the city council or city manager, or on the city attorney's own initiative.
Ordinances will be adopted according to the procedure established by statute. The
title of an ordinance will be read before introduction and again before adoption.
However, the text of an ordinance will not be read at the time of introduction or at
the time of adoption unless after the reading of the title, full reading of the text is
directed by the city council.
1.20.280 Correction of documents.
The city clerk, with the consent of the city attorney, is authorized to correct any
typographical or other technical or clerical error in any document approved by the
city council. Upon correction, the corrected document may be executed in the
manner required of the original and when properly executed, will replace the
original document, to be effective as of the date of the original document, and to be
retained in the files of the city clerk.
1.20.290 Failure to observe procedures-waiver.
The provisions of this chapter are adopted to expedite the transaction of the
business of the council in an orderly fashion and are deemed to be procedural only.
The failure to strictly observe such rules shall not affect the jurisdiction of the
council or invalidate any action taken at a meeting that is otherwise held in
conformity with law. A failure on the part of any person to register a timely
objection to an alleged procedural violation constitutes a waiver of all such
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Nov. 14, 2017 Item #3 Page 24 of 74
objections. An objection shall be deemed timely only if it is made during the
meeting, proceeding or public hearing to which the alleged violation relates.
Nothing in this section shall preclude the presiding officer or city council from
taking any action to cure a violation or alleged violation of the provisions of this
chapter or other applicable law governing the conduct of city council meetings.
Nothing in this section precludes the city council from correcting a violation or
alleged violation of the Brown Act according to the provisions of that act.
1.20.300 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be
deemed to create a mandatory duty, the breach of which could result in liability to
the city or to any city officer or employee pursuant to state statute or other law.
1.20.310 Appeals procedure.
Where no specific appeals procedure is established by this code for any decision of a
city commission, committee, or official that 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 city manager will place the matter on an agenda
for council consideration in the manner provided in section 1.20.060 and provide
notice to the aggrieved person of the date, time, and place of the meeting at which
the matter will be considered. The aggrieved person will be permitted five minutes
to make a presentation to the city council, but otherwise, the procedures applicable
to items not scheduled for public hearing will apply. The decision of the city council
regarding the matter is final.
1.20.320 Correspondence addressed to the city council.
The city manager is authorized to open and examine all written communications
addressed to the city council, except correspondence addressed to an individual city
council member. An individual council member may authorize the city manager to
open and examine correspondence address to that council member. The city
manager is authorized to take appropriate administrative action to address
constituent concerns consistent with existing city policy. Matters requiring city
council action may be placed on the agenda by the city manager in the manner
provided in this chapter. On a weekly basis, the manager will provide the mayor
and council members with correspondence received and a report of any
administrative action taken. Correspondence relating to an item on the agenda for
a council meeting will be provided to the city clerk for inclusion in the agenda
packet. The city manager's office and city clerk's office will coordinate on mail
received by the city clerk's office to effectively accomplish the purposes of this
section. Correspondence relating to an item on the agenda of a meeting and
received by the city clerk or city manager before 5:00 p.m. on Wednesday of the
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Nov. 14, 2017 Item #3 Page 25 of 74
week before the day of a council meeting will be included in the agenda packet for
the meeting.
23
Nov. 14, 2017 Item #3 Page 26 of 74
Chapter 1.20
Council agenda.
Agenda packet. CoFFespondenee Availability to the pahlie.
MinutesCoFFespo.adenee .f�athoFity of eity manageF.
Recordings of meetingsQaon1m. Role of presiding officerCondaet of lmsiness.
Commencement of meetingsOFdeF of easiness.
Consent calendarall to oFdeF PFesiding offieeF.
General rules of procedureRoll eall.
Public participationReading of minutes.
Use of city eguipmentMinates.
Conduct of public hearingsDistFihation of minates.
Decision following public hearing.ReeoFdings of meetings.
Application to administrative hearingsConsent ealendaF.
Application of procedures required by lawPFesiEli.ag offieeF.
Evidence record of proceedingsPoweFs and daties of pFesiding
Exhibit 2
Nov. 14, 2017 Item #3 Page 27 of 74
1.20.320% Correspondence addressed to the city councilOppoFtunity foF
pahlie to addFess the eouneil Nonagenda items.
1.20.3 IO Deeon1.m and order Couneil and eity staff.
1.20.320 :Puhlie attendanee and audienee Deeorum and oFdeF.
1.20.330 EnfoFeement of deeoFum.
1.20.340 Voting pFoeeduFes.
1.20.350 Disqualifieation foF eonfliet of interest.
l.20.3GO FailaFe to vote.
1.20.370 Tie vote.
1.20.380 Changing vote.
1.20.390 ReeonsideFation.
1.20.400 PrepaFation of oFdinanees.
1.20.410 Reading of oFdinanees and resolutions.
1.20.420 Puhlie heaFings When held.
1.20.430 Puhlie heaFings Proeedure.
1.20.440 Puhlie hearings Evidenee.
1.20.4§0 Puhlie heaFings Continuation.
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Nov. 14, 2017 Item #3 Page 28 of 74
1.29.469 Pablie heariags Closiag. 1.29.479 Pablie heariags Reopeniag. 1.29.489 Pablie heariags Deeisioa. 1.29.499 Motions. 1.29.599 Preeedenee of motioas. 1.29.519 Partiealar motions, parpose aad eriteria. 1.29.529 Resolations. l.29.5iW Legislative aetion. 1.29.549 Resolatioas ,".El.option. 1.29.559 Ordiaanees Adoption. 1.29.569 Coueetion of doeameats. 1.29.579 Robert's Rales of Order. 1.29.589 Coaneil poliey mRBual. 1.29.599 Failare to observe proeedares Waiver. 1.29.699 ,".ppeals proeedure. 1.29.GlQ Ordiaaaees Effeetive · date.
1.20.010 Regular meetiagsPolicies a licable to all eetin A. Meetings of the city council, city boards and commissions, and other legislative bodies of the citv will be held according to the requirements of the Ralph M. Brown Act (California Government Code Title 5, Div. 2, Part 1. Ch. 9, commencing with sec. 54950, referred to in this Code as the "Brown Act"]
and this chapter. Meetings will be open and public, except for closed sessions held as authorized by the Brown Act.
_B_. __ 1.29.ilH> Deeo1·um and 01·der Council and city staff.
VVhile the council is in session, When a meeting is in session, the-council members, city officers and employees, and members of the public are
expected to and city staff shall observe good order and decorum, and toehall not by conversation or otherwise, improperly delay or interrupt the proceedings, nor refuse to obey the lawful directives of the presiding officer.mayor as auth01·i13ed uade1· this eha13ter. (Ord. GS Hiil § 4, 2911; Ord. 12m § 2, 1979)
l.29.il29 Public attendance and audience Deeo1·ua1 and ordm·. Membern of the publie attending eouneil meetings shall observe the same rules of 01·der and deeonm1 a13plieable to the city council and staff. ,A,ny 13erson wishiBg to address the eouneil is res13onsible f01· familiarizing him Ol' herself with the 1·ules and ordinances a1313lieable to eouneil meetings. Go13ies
of those Fequirnments aFe available OB file in the office of the eity elm·k and on the eity's website. (Ord. GS 15il § 5, 2911; Ord. 12lil § 2, 1979)
3
Comm_epted [Clsb3]: This section is new. It sets the overall policies applicable to all meetings based on the city council's consensus articulated at the August 29 workshop regarding the purpose and conduct of meeting.
Nov. 14, 2017 Item #3 Page 29 of 74
The cit is committed to maintainin safe and orderl meetin s. free from
intimidation, harassment, and disruption. Public participation is
encouraged provided that participants abide bv the rules of conduct and
procedure established by this chapter. The city council finds and declares
that it is important to remember that no one has a constitutional right to
disrupt a public meeting by attempting to impose their own voice or actions
in a manner that is loud, boisterous, or unruly where such conduct is
substantially disruptive of the meeting itself, and continues after the
presiding officer has requested the person or persons to stop. The issue in
such cases is not about the content of speech, unless the content itself
violates the law. but rather with the extent of disruption caused to the
meeting itself by the manner and conduct of the disrupter's actions.
Therefore, to promote civic engagement, orderly deliberation, and efficient
conduct of city business, the following general rules of conduct applv to all
city meetings:
1. Interactions among all meeting participants will be conducted in a
mutually respectful manner.
2. Threats of violence will not be tolerated.
3. Insulting, demeaning, intimidating, or offensive co=unications will
not be tolerated.
4. Conduct intended to disrupt the orderly conduct of business will not be
tolerated.
5. Individuals who continue to interrupt or interfere with the orderly
conduct of a meeting may be removed from the meeting, after the
presiding officer has directed the person to cease the interruption or
interference and warned that continued interruption or interference
may result in removal from the meeting. If a meeting is willfully
inteiTupted by a group or groups of persons so as to render the orderly
conduct of such meeting unfeasible and order cannot be restored by the
removal of individuals who are willfully interrupting the meeting. the
presiding officer, subject to objection by a majority of council members
in attendance. may order the meeting room cleared and the meeting
mav continue as provided in section 54957.9 of the Brown Act.
6. Weapons and any object that mav be used to inflict serious bodily
injury are prohibited at city meetings except those lawfully in the
possession of authorized city personnel.
4
Commented [Clsb4]: Subdivision B and this subdivision replace former sections 1.20.310 and 1. 20. 320. All meeting participants are expected to abide by the same rules of decorum.
Nov. 14, 2017 Item #3 Page 30 of 74
D. Terms defined in the Brown Act have the same meaning when used in this chapter.
The eity eouneil shall hold rngula1· B.1eetings on the dates and times specified by Fe solution of the eity eouneil. If by mason of fue, flood 01· othei· emei·geney, it is unsafe to meet in the eouneil ehambern, the meetings may be held for the durntion
of the eme1·gency at sueh othei· place as is designated by the mayoF, Ol', if the mayor should fail to aet, by three membern of the eity eouneil. When the day for any regulm· meeting falls on a legal holiday, such meeting shall be held at the same horn· and plaee on the neict sueeeeding day not a holiday 01, sueh othei· time as
designated by the eity eouneil. E01·d. CS 19a § 1, 2(H2; 01·d. NS aa4 § 2, 2000; 01·d. rnn § 1, 1984; 01·d. 121a § 2, 1979)
1.20.020 Speeial Regular, special, and emergency city council lmeetingsL-----
A. Regular city council meetings will be held on the dates and at the times established by city council resolution. Regular city council meetings will be held at City Hall in the city council chamber, unless a different location has been designated by the mayor or action of the city council. If the mayor, a majority of the city council, city manager, fiTe chief, police chief, or building official determines that the council chamber is unsafe for a meeting due to an emergencv, regular meetings may be held for the duration of the emergencv at a location that is designated on the agenda or other notice of the meeting.
B. Special city council meetings may be called by the mayor. a majority of the city council. the city manager. or the city attorney. Notice of a special meeting must be given and posted as provided in section 54956 of the Brown Act. The notice must include the date, time, and location of the meeting, and a brief statement of the business to be transacted or discussed. No other business may be transacted or discussed at the meeting. A special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of the city manager, city attorney, any depai-tment head, or
other executive level employee is prohibited, however, special meetings to discuss the citv's budget are permitted.
C. During emergency situations, meetings may be held as provided in section 54956.5 of the Brown Act.
D. City council meetings may be held concurrently as meetings of the legislative body of any public agency the governing body of which is comprised of the members of the city council. When a concurrent meeting is held, the presiding officer or clerk will commence the meeting with the announcement required by section 54952.3 of the Brown Act. The city clerk may include the
5
Commented [ClsbS]: Former sections 1.20.010, 1.20.020, and 1.20.025 have been revised and combined into this new section which governs all types of city council meetings. Subdivision D is new. It is intended to streamline meetings when the city council is also acting as the legislative body for another public agency, such as the Carlsbad Municipal Water District. Subdivision D also provides a streamlined method of meeting the requirement of state law regarding public announcement of additional compensation paid for attendance at such meetings.
Nov. 14, 2017 Item #3 Page 31 of 74
information required by section 54952.3 on the agenda for a meeting. and the oral announcement may be made by reference to that information. As used in this chapter. city council also means the legislative body of any public
agency the governing body of which is comprised of the members of the city council.
E. The city clerk and city manager are authorized and directed to prepare. deliver. and post meeting notices.
Speeial meetings may be ealled at any time by the mayer 01· th1:ee membe1:s ef the eity eeuneil by delivei·ing pei·senally 01: by mail, faesimile, 01· eleetrenie mail, written
notiee te eaeh eouneil membei· and te eaeh leeal newspapm· of genernl eirnulatien. rndie m· televisien statien having filed written rnqueet for sueh notiee. Sueh netiee must be delivernd peFSenally, er by mail, faeeimile, 01: eleetrnnie mail, at least 24 hOH:I'S befo1·e the time ef sueh meeting as speeified in the netiee. The netiee ef the speeial meeting shall alse be plaeed on the eity's website. The eall and netiee shall specify the time and plaee of the speeial meeting and the business te be trnnsaeted. Ne ether business shall be eonsidernd at sueh meetings. Sueh written netiee may be dispensed with as to any eouneil member whe at er prier to the time the meeting een,;enes files with the eity elerk a written waivm· of netiee. Sueh waiver may be given by telegrnm, faesimile, 01· eleetrenie mail. Sueh written netiee may aloe be dispensed with as te any eouneil membe1· whe is aetually prnoent at the time it eenvenes. The eall and netiee shall be pasted at least 2 4 heH:I·s p1·ie1· to the speeial meeting en the eeuneil ehambero dem·. (Ord. CS 19€i § 1, 2Ql2; Ord. NS 744 § 2, 2QQ€i; 01·d. 1292 § 1, 1986; 01·d. 1213 § 2, 1979)
1.20.02a EmeFgeney meetings. Netwithstanding anything in this eede te the eentFru·y, the eity eeuneil may held an
emei·geney meeting pH:I·suant te and in aeee1·danee with the p1·e•;i.siens ef Seetien €i49€i6.€i ef the Califo1·nia Goverrunent Cede. (01·d. 1292 § 2, 1986)
1.20.030 Adjournment of ed-jmeetings.:I.,:_ -----------------�� Commented [Clsb6]: The edits to this section do not Meetings may be adjourned to a time and place stated in the notice of adjournment change any substantive requirements. The language has been updated. For example, the term "presiding and as provided by law. The presiding officer may adjourn any meeting without officer" is used throughout the updated chapter need for a motion and absent the objection of a majority of the quorum.All meetings instead of the words "mayor" and "mayor pro tern." may be adjeurned te a time, plaee and date em·tain, but net beyend the neirt Fegulru· This facilitates use of the chapter by the city council as well as by city boards and commissions. meeting. Once adjourned, the,!! meeting may not be reconvened, except at the time and place stated in the notice of adjournment. A regular meeting may not be adjourned to a date beyond the next regular meeting. The city clerk and city manager are authorized and directed to prepare. deliver, and post notices of adjournment. Notice of adjournment is not required when a meeting is adjourned without specification of the time and date when it will be reconvened. Meetings may be adjeH:I·ned by the maym· by a simple deelamtion thereof in the absenee ef a prntest by any eeuneil membei·. Meetings may also be adjem·ned upon the making
6
Nov. 14, 2017 Item #3 Page 32 of 74
and seconding of sueh a motion in aeem·da.nee ·.vith the prneedUFes on motions
established by this eh.apter. If a quo1·um is not present, less than a quo1·um may so adjoUl·n a meeting. If all membern of the eouneil are absent, the eity elCI·k shall
declare the meeting adjoUl·ned to a stated time and place and shall eause a written notiee of the adjournment to be given in the same mannCI· as provided in Seetion
1.20.020 for speeial meetings. ¥Then any meeting is adjourned, the eity cle1·k shall post notice of ouch adjom·nment on the eouneil ehambCI· doo1· within 24 hoUl·s aftCI·
the time of the adjournment. When a regulru· m· adjourned regula1· meeting is adjoUFned as prnvided in this seetion the resulting meeting is a regular meeting for
the pUFpose of trnnsaeting business. (Ord. 1292 § g, 1986; Ord. 12 la § 2, 1979)
1.20.0-9_10 !Quoru_ml __ -i:....·· ________________________________ __.--Commented [Clsb7]: This section reflects the A quorum necessary for the transaction of business at a meeting of the city council substance of former section 1.20.090. Please note, when a section has been moved and renumbered, exists whenever a majority of the council are present. A meeting may be adjourned that change is generally reflected in this redline for lack of a quorum by the presiding officer or, in the absence of a presiding officer, version. This section has been updated to contain a any member of council or the city clerk. \¥here there is no quorum, the mayoi·, reference to the regulations of the Fair Political Practices commission regarding the definition of a mayor pm tern or any member of the eouneil shall adjoUFn sueh meeting, Ol'" if Ho quorum. References to FPPC regulations used in member of the eouneil is present, the city ele1·k shall adjourn the meeting. A this chapter are generally generic to avoid the need member disqualified from participation in a matter due to a conflict of interest will for future amendments if regulations change.
not be counted toward achieving a quorum as to that matter. For the pUl·pose of ··· Y
eonsidCI·ing any item subjeet to vote of the eouneil, ·.vhen a member of the eouneil is disqualified due to a eonfliet of interest, his 01· he1· prnsenee shall not be eonsidered
in detei,mining the prnsenee of a qum·um. If a disqualification due to a conflict of interest results in the lack of a quorum, G.Qonsideration of the matter will be -eH
sueh item shall be deferred until either a quorum of noninterested non-disqualified council members are present, or a quorum is determined as defined in and subject
to the regulations of the Fair Political Practices Commission. to diseuss and vote on them if a disqualification reduees those in attendanee to less th.an a quorum. (01·d. cs 001 § 1, 2008; 01·d. NS 709 § 1, 2004; 01·d. NS 597 § 2, 2001; Ord. 12m § 2, �
1.20.050 �C�o!!n!!fi�1 !!d�e'!lll lJet1Jia!!,l�i 1;tvuo!!f_,l\�<lct:e�effiti-li nBcgg-ss--1,t eo--1hc tiee-fpH cuHh�litr" ee ---1Ee.-xxeeeepf»'t 1H· OHB;tlSs---uC.Qlosed �ession_L. _________________________________ ____ A, All meetings of the eity eouneil shall be open to the public provided, howeYer, the city eouneil may hold elosed sessions dUFing any meeting from whieh the publie and any person 01· entity having filed Vffitten 1·equest for notiee of meetings, may be exeluded fo1· the PUl'POSe of eonsidCI·ing the mattem, as authoriz;ed by Title 5,
Division 2, Pru·t 1, Chapter 9, Sections 5 49130 thi,ough and including 5 4961 of the Go,rernment Code of the State of Califo1·nia 01· other applieable lawThe privilege of
confidentiality of closed sessions is held by the city council. -. --No member of the eity eouneil, employee of the eity m· any othe1· person
present during a closed session of the eouneil ohallmay disclose to any person the eontent 01· substance of any diseussion any information communicated during a closed session. This prohibition does not apply to:
7
Commented [Clsb8]: The Brown Act governs when a meeting may be held as a closed session. As reflected in new section 1.20.010 A, above, all meetings are open to the public unless a closed session is permitted by the Brown Act. Thus, this section has been modified to state the privilege of confidentiality of closed sessions and to expressly state when closed session communications may be communicated. Under the law the privilege of confidentiality of closed session is held by the council as a body.
Nov. 14, 2017 Item #3 Page 33 of 74
1. Disclosures expressly authorized by action taken by a majority of the city council:
2. Reports of action taken in closed session:
3. Disclosures expressly authorized or required by law:
4. Confidential disclosures to a council member. city employee. or other
person authorized to attend a closed session without loss of the privilege of confidentiality.
wlrieh. took plaee during said elosed sessi.on unless the eity eouneil firnt authm·i11es the di.selosure of sueh infm·mation by a majoFity 'rote. (Ord. 1292 § 5, 198@; 01·d. 1213 § 2, 1979)
1.20.[060 Council a enda. A. The city clerk. under direction of the city manager, will prepare anAn agenda shall be prnparnd for each council meeting. The agenda for a special or emergency meeting may be combined with the notice of the meeting.
B. .An agenda will contain the following information:
_1 _. __ eoRtainiRg (Che date, time and location plaee of the meeting�
_2_. __ ,-t]:he order of business and a brief general description, iReludi.ng the speeifie aetioB. rnquested to be takeR by the eouneil, foF of each item of business to be transacted or discussed at the meeting. including a brief statement of the specific action requested or recommended to be taken by the council:
3. A description of each closed session matter substantially in the manner authorized by section 54954.5 of the Brown Act:
4. Information relating to special services available to persons with disabilities to permit those persons to participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting,
time limits for public participation. rules of decorum. presentation of materials, and other similar matters.
c-The cit mana er is res onsible for schedulin matters for consideration b
the council based on established council priorities. the city's business and
8
Commented [Clsb9]: This section breaks up existing former section 1.20.060 into subdivisions and also incorporates the provisions of former section 1.20. llO, so that all provisions relating to the agenda for city council meetings are in one place. The next section (L 20. 070) deals with the preparation of agenda packet materials.
Commented [Clsb10]: The provision of former section L 20. 060 have been broken up into two separate new sections, 1.20.060 relating to the agenda, and section 1.20.070 relating to the agenda packet. The provisions of subdivision C reflect the council's discussion at the workshop regarding placement of matters on the agenda. The provisions relating to the circulation of council requested matters to other council members prior to placement on the agenda have been eliminated. Elimination of those provisions avoids the potential of Brown Act violations resulting from the current circulation and comment process. Please note, new section 1.20.070, subdivision A contains a provision regarding agenda reports for matters placed on the agenda at the request of a city council member.
Nov. 14, 2017 Item #3 Page 34 of 74
governmental needs, and requirements of applicable law. Items of business may be placed on the agenda by_ the eueetion of afil-_member of the council, the city manager or the city attorney, or bv council action. Council originated items must shall-be submitted to the city manager not less than seven days before the date of the council meeting at which the member desires the item to appear on the agenda. Nothing in this section precludes a council member from requesting council action to place an item on the agenda for a future meeting. by FFiday, 12 days pFiOF to the seheduled eouneil meeting. The eity manageF shall p1·omptly give eopies to the other members of the eity eeuaeil fo1· thei1· review and eomment. Comments must be rntmned to the eity manager by Wednesday, seven days prior to the seheduled eouneil meeting. The eity manage1· shall inelude any sueh eomments as a part of the agenda item. If time eonstrnints rnquirn it the mayor may app1·0·1e eKpedited proeesai.ng for a eeuneil 01·iginated item provided eopies am made available to the etheF membern of the eouneil, the eity atto1·ney and the eity manager as soon as the item is prepared and, to the e1Etent pessicble, any eomments reeei·1ed shall be ineorpornted.
D. The citv clerk, is authorized and directed to post agendas in accordance with applicable law, including posting on the city's website. The city clerk is also authorized and directed to mail agendas to persons and organizations who have filed a request for a mailing of agendas and have paid the fee in the amount established bv the city for that service. Before posting or mailing an agenda. the city clerk must obtain approval of the agenda from the city manager and city attorney. The agenda may be made available and delivered in electronic format.
_E_. _1.20.110 Orde:r of lmsiness. The agenda for regular meetings will be based on the following order of businessbusiness of the eouneil shall be taken up fo1· eonsidemtion and disposition in the following m·der: Al. Call to order; 2.
E.§.. F-1 . 8. G�. JU L U2. J13.
K.
Announcement of concurrent meetings; Roll call; Pledge of allegiance; Invocation;
Approval of minutes; Special presentations; Public comment on matters not listed on the agenda; Consent calendar; Ordinances for introduction; Ordinances for adoption; Matters requiring a :Pp_ublic hearings notice of which is required by law; f,djeun1ment to othei· ageney meetings;
9
Nov. 14, 2017 Item #3 Page 35 of 74
f.14. Matters not requiring a noticed public hearingDepartmeRtal aRd eity masage1· rnp01·ts; M. City eouReil additional business; N. City attorney additional busiRess; 0. City maRagei· additional busiRess; 15. Council commentary and requests for consideration of matters; 16. Additional public comment on matters not appearing on the agenda: 1 7F-. Announcements; 1�. Adjournment. Publie eommeRt as prnvided iR SeetioR 1.20.305 will be takeR dm·iRg the 1·egulm· 01·de1· of business at sueh time as the eity eouReil by motioR shall detei·miRe. All ether busiReos shall be eoRsidered iR the 01·der showR abo•re unless modified as prnvided for in this eha1JteF. (01·d. NS 744 § 3, 2005; Ord. 1298 § 1, 1987; 01·d. 1292 § 8, 1980; Ord. 1213 § 2, 1979)
F. When a meeting is a concurrent meeting of the city council and the legislative body of any public agency the governing body of which is comprised of the members of the city council. action will be deemed to have been taken by the appropriate legislative body with jurisdiction over the matter.
1.20.070
A. The city manager is responsible for all staff reports and other documents relevant to each item of business placed on an agenda by the city manager or by council action. The city attorney is responsible for all staff repm·ts and other documents relevant to each item of business placed on the agenda by the city attorney. Matters placed on the agenda by a council member do not require a staff report. but the council member may provide a report or other documents relevant to the item the council member has requested to be placed on the agenda. The city manager or city attorney may provide a report or recommendation relating to a matter placed on the agenda by a council member. l.geRda items. Staff reports and other documents relevant to items of business, including reports and other documents provided by a council member with respect to an item placed on the agenda by that council member, iReludi11g OFdinaRees, resolutions. eoRb·aets, staff rnpoFts OF otheF matte1·s ts be submitted to the eouneil, shallmust be delivered to the city clerk not later than 5:00 p.m. on the Wednesday preceding !;!the regular meeting, or 72 hours before the date of a special meeting . .,.._The city clerk, under the direction of the city manager, is responsible for compiling the reports and other documents and for preparing eleFk shall thernafter p1·epare an agenda packet� 'URael' the dil·eetieR sf the eity maRagei·.
B. Ordinances, resolutions, and contract documents must be prepared or approved by the city attorney before delivery to the city clerk for inclusion in the
10
Commented [Clsb11]: This section incorporates the provisions of various provisions relating to the preparation and distribution of the agenda packet. Please note that the provisions of subdivision A provide that the city manager is responsible for staff reports relating to all items other than those placed on the agenda by the city attorney or by an individual council member. Regarding items placed by individual council members staff reports are not required, but may be provided. If a council member provides a report or other documents related to an item the council member has placed on the agenda, those will be included in the agenda packet.
Nov. 14, 2017 Item #3 Page 36 of 74
agenda packet. Nothing in this chapter is intended to preclude the city council from orally amending any ordinance. resolution. contract. or other document presented to it prior to final action at a meeting.
C. Correspondence. including electronic mail. relating to an item of business on an agenda received by the city clerk before 5:00 p.m. of the Wednesday preceding a regular meeting will be included as part of the agenda packet materials for that item: correspondence received later may be included in the agenda packet in any manner or may be delivered to the city council by different means.
IL..__The agenda packet for a regular meeting will shall-be delivered to the council members not later than eH-the Friday preceding the 1·egB:lai: meeting� and shall beThe agenda packet will -made-be available to the public at the office of the city clerk and shall be posted on the city's website on the same day that it is delivered to the council members. An agenda packet for a special or emergency meeting may be delivered to the council and made available to the public at the meeting. The Citv clerk is also authorized and directed to mail agenda packets to persons and organizations who have filed a request for a mailing of agenda packets and have paid the fee in the amount established by the city for that service. Agenda packets may be made available and delivered in electronic format
meeting, are disclosable publie reeo1·ds unless specifically eiEempted from disclosure pU1·suant to California Government Code Sections 025:il.5, 0254, 0254.a, 6254.7, e2e4.Hi, 6254.16, 6154.22 or any othei· p1·0·,ci,sion of law. C. filly ·.vritings 01· documents whlch i-elate to an open session of a i-egB:lar council meeting and ai-e dist1c·ibuted to the council members less than 72 hours p1·io1· to that meeting, shall be made available fol' 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 membe1·s. The agenda fo1· eaeh council meeting shall specify that vn-itings dese1·ibed by this section ai-e available at the office of the eity elerk and shall list the adru·ess for the office of the eity ele1·k. D. A binder containing all agenda related Vffitings and documents, ineluaing those dese1·ibed in subsection C of this section will be hela by the deputy eity elerk at each council meeting and will he availahle fo1· public 1c·eview. E. All agenda items, 01c·dinanees, rnsolutions and eonti·aet documents shall, before presentation to the council, have heen appxoved as to fo!'m and legality by the city attru,ney m· authox�ed 1c·epi-esentative, and shall have been mmmined and approved for affininistrntion by the city fflanage1· 01· autho1·i21ed rep1·esentati,.-e, where them are substantive matters of administf·ation invoh<ed.
11
Commented [Clsb12]: The following provisions have been deleted largely because they simply repeat or duplicate a provision of state law.
Nov. 14, 2017 Item #3 Page 37 of 74
F. l\t least 72 hou1:s befe1·e a 1·egular HJ:eeting, the city clod;: shall post an agenda eontaining a brief gene ml dese1·i:fltion of eaeh item of business to be trnnsaded or diseussed at the meeting, including items to be diseussed in closed session. i', brief general desc1·iption of an iteHJ: genemlly need not eirneed 20 wo1·ds. The agenda shall speeify the tiHJ:e and location of the 1·egulaF meeting and shall be posted at City Hall and at the HJ:ecting place if not City Hall. The agenda shall also be plaeed on the city's website. The city clerk shall prnpare and file a signed deelarntion of the ti.HJ:e and place of posting and a certified copy of the posted agenda. Eirnept as pFOvided in subseetion I of this seetion no business shall be transacted or diseussed at the 11'leeting on any item not appearing on the posted agenda. l', direction of the HJ:ayoF with the eonsent of the council to refe1· a HJ:atter mi.sod by a HJ:embe1· of the public to staff fe1· a 1·eport or to place a matter on a fuhtre agenda shall not eorwti.Me action. G. The 01·dm· of busineso established on the agenda shall be fellewed UD:less the mayor, ,.vith the eensent ef a rnajerity ef the eeuneil permits a HJ:atte1· te be taken eut ef the 1·egul&r agenda erde1·. H. ,'ill agenda HJ:ay be prnpared fer adjoUl·ned meetings in the saHJ:e manner as fe1· rngular meetings, as set ferth in subsection l'>. of this seetien. I. The city council may discuss 01· take aetien en items efbusiness net appearing en the pasted agenda under any ef the fellowing eenditiens: 1. ,'ill iteHJ: has been eentinued by the eeuneil te a date ee1·tain freHJ: a preperly pasted agenda at a meeting held five days O£ less befe1·e the date aetien is taken en the iteHJ:. 2. Upon a determinatien by a two thii·ds vote of the council, 01· if less than two thi1·ds of the meHJ:bers m·e present a unanimous vote of those pm sent that the need to take action aFOse afte1· the agenda was posted. &. Upon a deterHJ:inatien by the eouneil that an eHJ:ergeney eicists. Fer plli·poses of this section "eHJ:ergeney" means a m·i:flpli.ng disaste1·, work steppage or other activity which severnly i.HJ:pairs 1mblie health, safety or both, where p1·ompt aetion is neeessa1·y due te the disruption 01· threatened disruptien of publie facilities as dete1·HJ:ined by a majority ofthe meHJ:bm·s of the eouneil. (01·d. CS 195 § 1, 2012; Ord. NS 887 § 1, 2008; 01·d. NS 22 § 1, 1988; 01·d. 1292 § 6, 1986; Ord. 12&::l § 1, 1980; 01·d. 121::l § 2, 1979)
Con·espondenee add1·essed to the eity eeuneil 'Hhieh is rneeived by the city elerk or any othm· offiee1· or eHJ:ployee ef the eity shall not be a matte1· ef publie rne01·d UD:less it is 1:·eeeived and filed by th.e eouneil at a regula1·, special, or adjemned meeting of the council. Correspondenee shall not be read aloud at a eouneil meeting unless 1·eEJ:uested by a1aj01·ity vote ef the eouneil. (OTd. 121::l § 2, 1979)
1.20.080 CoFFespoedeeee l\wthoFity of eity maeage1·. l',. The city manage1· is authorized to open and 01,aHJ:ine all HJ:ail or othe1· vn·itten eomHJ:unications addressed to the city eouncil, 01rnept correspondence addressed te individual eouneil rneHJ:bers, and to give it vrnnanted attention to the end that all
12
Commented [Clsb13]: The provisions of former sections 1.20.070 and 1.20.080 have been combined, edited, and moved to the end of the revised chapter.
Nov. 14, 2017 Item #3 Page 38 of 74
ad.minish.·ative business refen·ed to in said eommunieations and not l'equil'ing council action may be acted upon between council meetings; provided, that all communications and any action taken purnuant thel'eto shall be reported to the city eemreih E. The city managcrr's office and city clerk's office shall co01·dinate on mail received by the city clm·k's office in 01·der to effectively accomplish the purposes of this section. C. Conespondence concerning a matte1· on an agenda fo1· consideration by the eouncil, which is received prior to 12:00 noon on Thurnday preceding the meeting, shall be made a part of the agenda item. D. Conespondence requii·ing council action shall be placed on an agenda as soon as pmcticable, together with a report and l'Ocommendation frolll the city manager. (Ord. 1292 § 7, 198G; 01·d. 1218 § 2, 1979)
1.20.090 Quonlm. Three members of the council shall constitute a qu01·um fo1· the transaction of
business. Motions and resolutions may be passed by a maj01-i.ty of the quo1·ulll but ordinances shall require a majo1·ity of the membernhip of the eity eouneil. Less than a qu01·um may adjom·n from time to time. \!/here the1·e is no qu01·um, the mayor, maym· pm tom m· any membm· of the eouneil shall adjourn sueh meeting, or if no
member of the couneil is present, the city elm·k shall adjoll'n the meeting. Fm· the pm1Jose of considering any item su}J:iect to vote of the couneil, ·.vhen a lilmB.bm· of the council is disqualified due to a eonfliet of interest, his or he1· p1·esenee shall not be considered in determining the presence of a qu01·um. Consideration on sach item shall be defen-ed until a quol'um of noninte1·ested council members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quornm. (01·d. CS 001 § 1, 2008; Ord. NS 709 § 1, 2004; 01·d. NS 597 § 2, 2001; 01·d. 1218 § 2, 1979)
1.20.080-1-W IMinuteJ"--. ------------------------::-c A The city clerk is responsible for '.!:the minutes of the council all city council
meetings, except closed sessions. The minutes will be a record of each particular type of business transacted or discussed but a verbatim transcript of the
proceedings is not required. shall be kept by the eity elerk and shall be electrnnically produced, with a record of each particular type of business transacted
set off in paragraphs, with prope1· subheads; prnvided, that the city clerk shall be 1·equirnd to make a ree01·d only of such business as vrns actually passed upon a vote of the coUI1£il and shall not be required to mal,e a verbatim tmnscript of the prnceedings; and provided fll'ther, that a rncord shall be made oftheThe minutes may include 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. The clerk will include in the minutes of the meeting a council member's statement on a matter upon request made by that council member at the time the statement is made. Any council member mav ehall
13
Commented [Clsb14]: The three former sections dealing with the minutes have been incorporated into a single section. In order to assure the accuracy of minutes a provision has been added to new subdivision C that proposed amendments to the minutes as submitted by the city clerk must be verified by the city clerk prior to approval by the city council.
Nov. 14, 2017 Item #3 Page 39 of 74
have the 1-ight to have the reasons for his or her support for or dissent from,ffl:' pFOtest against, any action of the council entered in the minutes by making a request . Such dissent 01· protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I fsupportl[am opposed tol this action for the following reasons ... " B. l'z council member may 1·0EJ:uest, thrnugh the mayor, the privilege af having an abstrnet of the council memb01·'s statement on any subject undo;· consideration by the council entered in the minutes. If there is no objeetion from any membe1· of the council, such statement shall be entered in the minutes. (01·d. NS 744 § 4, 2005; Ord. 1218 § 2, 1979)
1.20.160 Dish·ilrntioe of m.ieates. _B_. __ As soon as possible aft01· eaeh meeting, ([he city clerk shall fUFnish a eopy of the 1ninates to each council membe1·, the city manage;·, city attm·ney, and any othe1· individuals designated by the city manage1·will prepare proposed minutes and present them to the city council for approval.�_ (Ocrd. 1213 § 2, 1979)
_C_. __ 1.20.140 Reading of minutes. Unless the reading of the minutes of a council meeting is reEJ:uested by a membe1· of the eouneil, ([he minutes may be approved without reading if the clerk has previously frn·nished each member of the council with a copy thernof included the proposed minutes in the agenda packet. The minutes will be read before approval upon motion approved by the city counciL (Ord. 1213 § 2, 1979) Proposed amendments to the minutes as submitted by the city clerk must be verified by the citv clerk prior to approval bv the city council. Following approval. minutes of meetings will be permanently kept in a format or medium suitable for storage of permanent public records.
1.20.090-1--+0 Recordings of[meetingJ"'--. _________________ ___ A. The city clerk may record city council meetings as an aid in the preparation of minutes. IH,Recordings will be retained in accordance with the City's adopted Records Retention Schedule unless a longer retention is required by the city council, the city manager. or the city attornev.eeordings are made, they shall be retained by the eity el01·k until sueh time as the minutes have been approved by the eity council. Upon sueh approval of the w1-itten minutes by the city council, the city el01·k may reuse or erase such 1·eeo1·Elings unless specifically requested by the city council or the eity atto1·ney to retain sueh rneordings at the tinle the minutes m·e apprOT.'ed.
B. Prior to reuse or erasui-e. \Vhile the city clerk has the 1·ecordings in his or he1· 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 duplicated made from under procedures established by the the 1·ecordings until the minutes are appFOved unless the reeo1·ding is retained aeeo1·ding to
14
Commented [Clsb1 SJ: This section consolidates provisions relating to the recording of meetings. The provisions have been updated to reflect reference to the City's adopted Records Retention Schedule and applicable law relating to recording of council meetings.
Nov. 14, 2017 Item #3 Page 40 of 74
su-bseeti:oR A of this seeti:oR; aRd iR this eollleeti:on, theclerk. 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 necessary for use by the city clerk
in the ordinary function of the office. Except as provided for in Chapter 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 integrity 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-aey,A person may request that wishes a the clerk preserve a record of the city council meeting, or any portion thereof, QY_a icequest the,refm· shall be filing a written request ea-with the city clerk 24 hours prior to the meeting. If such a request is received, the city clerk will shall make arrangeffiOfits to make and preserve such a record at the expense of the person making 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. The city manager may make reasonable accommodations to assure that the reporter is seated at a position at the meeting to facilitate accurate recording. (01·d. NS 744 § 5, 2005; Ocrd. NS 4 § 1, 1988; 0Fd. 1240 § 1, 1981; Q1·d. 121a § 2, 1979)
E. Any person may film. video tape. photograph or audio tape a citv council meeting in the absence of a reasonable finding by the presiding officer that the
recording cannot continue without noise. illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. Meetings may be televised by any person if it can be accomplished without noise. illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings.
1.20.100.g()() Role of Powe1·s aed duties of the presiding [office_,:_ ________ � Commented [Clsb16]: This section consolidates A,___1.20.120 Call to 01,der PrnsidiRg offieer. The presiding officer is provisions relating to the presiding officer. Subdivision B has been added to reflect the !Jcthe mayor, or in the mayor's absence, the mayor pro tern. In the absence of both discussion at the August workshop. the mavor and mayor pro tern. the presiding officer will be selected from among the council members constituting the quorum for the meeting. , shall take the ehair at
the hem· af)f)OiRted fe1· the meeting aRd shall eall the eouneil to o,rder. 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 members present. Upon the arrival of the mayor or the mayor pro tern, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the council. 'NheRever the te1·m "mayor" is used iR this
ehaf)teF, and the mayoF is absent , it shall apf)ly equally to the mayor fll'O tem, aRd if
15
Nov. 14, 2017 Item #3 Page 41 of 74
the may01· is also absent, to the prnsiding offieur elected pm·suant to this section. (Ord. NS 097 § 3, 2001; Ord. 1213 § 2, 1979) B. The presiding officer will endeavor to conduct the meeting in an orderly, even-handed and businesslike manner. substantially the order and manner
provided on the agenda. Members should have a full and equal opportunity to express their respective views. Matters should be fully deliberated before action is taken.
_C_. __ The presiding officer may move, second, debate, and vote from the chair. The presiding officer i§-6fi0ll not be-deprived of any of the rights and privileges of a council member by 1·eason ofdue to acting as presiding officer. The presiding officer or such person as the presiding officer may designate may verbally restate each
question i=ediately prior to calling for the vote. Following the vote, the p1·esiding officer shall announce ·.vhethe1· the question ca.1,ried oF was defeated.
JL_The presiding officer i§shall be responsible for the maintenance of order and decorum at all meetings. The presiding officer will He OF she shall decide all questions of order and procedure under this chapter, subjeet, he·sever, to an appeal to the couneil in which ease the matteF shall be determined by majo1·ity vote of the council. 1.20.240 Points of order. The prnsiding officei· shall determine all points of ordei· subject to the right of any council member to request full eouneil !!_ruling by the quorum, and the question shall be, "Shall the decision of the Pp_residing 0Qfficer be sustained?" Requests for a ruling by the quorum require a second and will be promptly considered. A majority vote of the quorum will -shall-conclusively determine the question. sueh question of erder. The p1·esiding officei· shall sign all 01·dinances, rnsolutions, eontFacts, and otheF documents necessitating the prnsiding office1·'s signature which weFe adopted
in his 01· hei· prnsenee, unless the pFesiding offieei· is unavailable, in whieh case an alternate prnsiding office1· may sign such do cuments . (01·d. 1213 § 2, 1979)
1.20.110{) Commencement of meetings ..J::�: _'._":'.... �'--��J.
At the time set for each regular meeting, each member of the council, the city manager, city clerk, city attorney and such department heads or others as have
been requested to be present shall take their regular places in the council chambers. The business of the eouneil shall be eondueted in substantially the 01·d01· and ill the manneF prnvi.ded ill this ehaptei·. (01·d. 1213 § 2, 1979) The presiding officer will call the meeting to order.
1.20.110 0FdeF of ln1sieess. The business of the council shall be taken up for considerntion and disposition in the following 01·de1·: ,\. Call to order; B. Roll eall; C Iiwoeation;
16
___. Commented [Clsb17]: This section consolidates provisions relating to commencement of meetings. Provisions relating to order of business are now contained in the sections relating to the agenda and the role of the presiding officer. The section also adds reference to the requirement for the announcement of additional compensation for concmTently held meetings. Please refer to the comment regarding section 1.20.060 relating to the agenda.
Nov. 14, 2017 Item #3 Page 42 of 74
D. Pledge of allegiance; E. l • .pprnval of minutes; F. Special presentations;
G. Consent ealendru·; H. 0Fdinanees for intrnduetion; I. 01·dinanees fey adoption; J. Public hearings; K. Adjom·nment to othei· agency meetings; L. Departmental and city managei· 1·cports; M. City council additional business; N. City attorney additional business; 0. City manage1· additional business;
P. l'-ill nouneements;
Q. l'-Ajournment.
Public comment as provided in Section 1.20.go5 will be taken dming the rngula,· Ol·der of business at such time as the city council by motion shall determine. All
other business shall be eonside!'ed in the Ol·der shown above unless modified as provided fo,· in this ehapte,·. (Ord. NS 744 § g, 2005; O,·d. 1298 § 1, 1987; Oi·d. 1292 § 8, 1986; Oi·d. 12m § 2, 1979)
1.20 .120 Call to onleF FFesidiag offieeF. The mayOl·, Ol" in the mayoF's absence, the mayo1· pm tom, shall take the ehai1· at the horn· appointed for the meeting and shall call the council to Ol·de1·. In the absence of the mayo1· and mayor p:ro tom, the city eleFl, shall call the council to Ol'dCF, ·.vhe:reupon a temporn1·y presiding officer shall be elected by the council mem.bern prnsent. Upon the an-ival of the mayor o:r the mayor pro tern, the temporary presiding officer shall relinquish the ehai:r at the conclusion of the business then
before the council. Whene>rm· the term "mayor·" is used in this chapter, and the mayo1· is absent, it shall apply equally to the mayor pm tern, and if the mayOl· is also absent, to the presiding offiee1· elected pursuant to this section. (Ord. NS 597 § g, 2001; Ord. 12m § 2, 1979)
1.20.130 Roll eall.
Before proceeding with the business of the council, the city clerk will-shall call the roll of the council members and the names of th�ese members present will -shall-be
entered in the minutes. If the meeting is a concurrent meeting of the city council and one or more legislative bodies of a public agency for which the city council is the governing body, the city clerk will also make the announcement required by law. (01·d. 12m § 2, 1979)
1.20.140 Reading of miButes. Unless the rnading of the minutes of a council m.eeting is requested by a membm· of the council, the minutes may be approved ·.vithout reading if the clerk has
17
Nov. 14, 2017 Item #3 Page 43 of 74
. . aea eaea membe1 0 flrevi0usly fui:E±s . . taern0f. (Ora. 121::l § 2, . f tae eouneil with a GOfl) -.
. l ...... '""''"' ' 'Ul..l.;.0---11\Wl ici-"IHln u�t ee�s. . ll be keflt by tae e1ty e e usiness ti·ansaetea
l.B9. l �':., "*"""" ,! the eeuecil '"'.:;,, ,aek parueulae ""'."" <y cle,k sl,all be
A . . . dueed, witk a"""' . ,.v;ded, "'"' • "' . "'a �te eleetrnmeally flie mith flr0fler subheads, fl ···as aetually flassea Ufl ,at ''"· pa,a.,apk,, ... J '"'" ,, '""" ·-"' •• .. " '""'" ... _.,, "'... d ke a rec01 tt J • El t make a , er., f h ames antt
re-d te m", sl,aH "'' be ,._, � :,,ed ,h,H he made ' t. ";., '6 wl,;cl,
of "'' '""'"' ·� p,ovided fu,,the,, toot a '.: tl,e tale of the """"' mat ti,o '6 �cl,
nr0eeeilings, an d&essing tae e0une1 ',,_ . ,mn01·t 0f 01· ill OflflOSl
" f ei·sons attttt a on:e 1n s=,.,, .. """'""" ' p •••• '""""'" t-ey sp
. . '""'""• ••
thet, ,ema,ks relate
.,.. the pmtlage" . .
. . t thrnugh the may ' d . eonsiaei·ati0n b.;
-b , may ,.,,.,., ' ,...,,et -·" , f the
P A couneil mem e--b 's stntement on any . .f\.0= anv me!Ilt,er 0
fl H tl -0, -m• • b CtwfiM m , .,..
h,t,,a,t of the oo-';:'�te,. If there lli •• •-i•; (O,,l. NS 044 i 4, • '
a t El 111 t e IIlH . the m111u es. tae e0uneil en ere hall be entered 111 h statement s eouneil, sue , 0 ·El 121::l § 2, 19797 •. -
. -,!the . f minutes. ,_ hall fw:msh a COfl) Distrihut10n o . the city clert1. s . na any other
l.2Q.HiQ bl :o£te1' each meeting, e1· citr att0rney, a 0661.,.e ttt fl ·ty manag , J 79�
A 5 soon as fl .1 member t ,e Cl O d l912 § 2 19
" h unc1--' (-rtt -�-" ' minutes to eac� co El b . the city managei·. . . deOdUili8 deMga,te > .. .
. . ' ,..,,. .... . f meetrngs. . s an aia 111 tue fl P . l no l7Q Reeordrngs o ·d eitv eouncil meetmgs ad b. the city elerk until
-·"'"· l k ay i·eem tt ":] ll b etai.nett Y h
A The city e er Ill Ele they sha e r . . neil Uflon sue
,,_ If ·dtngs "" ma , dby the erty "" . " m· ,rose
af mtru.te,. ,eoo,: "" ka% hee• approve . il Iha etly eleek may "'": tterney
h time as tae mmu . t by tae cit)· counc ' . . neil 01' tae city a
SUC L · tten IlllRU es a b'-· tae city GOU roval of tue Vff1 ·fieally i·equestej . rove a.
"'';'.'�.:,, "'"'tten ,Hee_ ""'ti...� s,,l,..,;,ted aad """r';;;,:;;may """'"'h '"W"' · "'" a t>·aooenpl" · reoo,·dmg. The"'> ·a,t theft,
a ';''"".;:!,�,:'� ':, pmSde a "•�:!:�'t, aafu<y af the "'::�".:,,"E�m _,fen.,.
no au .. ulati0ns neeessar.; . " nt insfleehon o1 rec 1·ules ana reg . t 1 Elamage, t0 flie • e mutilati0n OJ' aee1Elen a
18
Nov. 14, 2017 Item #3 Page 44 of 74
with the erderly funetien ef the effiee, and te ensure that the integi:·ity ef the 1·eeerds is maintained. The eity elerk may ehm·ge a fee te eever the east, inelutling laber and materials, ef but net limited te prnviding reem·ds and administm·ing this p.revisien. C. If any persen wishes a reeerd ef the eity eeuneil meeting, er any pe1·tien thm·eef, a request theref01· shall be filed Vlith the eity elerk 24 hems prier te the meeting. If sueh a request is reeeived, the eity elerk shall niake arrangements te make and prnserfe sueh a rnem·d at the m,pense ef the pernen malting the request. D. If any persen desires te have a mattm· reperted by a stenegi:·aphm· reperter, sueh persen may empley ene tlii·eetly at the persen's expense. (01·d. NS 744 § 5, 2005; Ord. NS 4 § 1, 1988; 01·d. 1240 § 1, 1981; Ord. 12m § 2, 1979)
1.20.120� Consent [calenda_,·'-------------------------Cm·tain items for ineluoien en theAn agenda may contain a consent calendar of items gr ouped together for action by single motion and without discussion whieh have been reviewed by the eity managm·, delivered te the eity eeuneil and made available te the publie prim· te the eeuncil meeting, shall be gi:·euped tegether for aetien and listed under the censent calendar, when the items sueh matters are considered by the city manager to be routine. noncontroversial......QL -and-in the nature of housekeeping matters. items by the city manager, requi1·ing enly reutine aetien by the eeuneil. The Agctions recommended or requested by the city manager will be included shall be in summary form in the agenda description of each consent calendar item. and be a pm·t ef that item. Before accepting a motion to approve the consent calendar, the presiding officer must determine whether anv council member, city officer or employee, or member of the public desires i\deptien ef the eensent calendar may be made by ene metien appre,,-ed by the eeuncil; previded, hw1Vever, that the mayer sheuld first ad.vise the audience that the censent calendm· matters will be adapted in tetal by ene aetien ef the ceuncil unless any ceuneil membe1· 01· any individual er erganizatien whe has se requested wishes to be heard on one or more consent items. In that event, the presiding officer will mayer may defer action on the particular matter or matters and place them en theas part of the regular agenda fo3, eensiderntien in any order deemed appropriate. A council member may record a negative vote or an abstention on a consent calendar item without removing the item for discussion by so stating prior to the vote on the motion to approve the consent calendar. A request from the public to discuss an item on the consent calendar must be filed with the city clerk in writing prior to council consideration of the consent calendar. The city clerk is directed to include on an agenda containing a consent calendar a statement of this requirement along with a summary of the procedure for consideration of consent calendar items. The w1·itten agenda available te the publie and te the eity eeuneil shall previde the follewing netice ef ei,planatien te the publie cencerning the eensent ealendar: All matters listed under CONSENT CALENDl'.R m·e eensidered by the eeuneil te be reutine and will be enacted by ene metien in the form listed belew. Thm·e will be ne separate discussien ef these items prim· te the time the Ceuneil vetes en the metien unless members ef the Ceuneil, the City Manage1·, m· the public request speeifie
19
Commented [Clsb18]: This section updates the provisions relating to consent calendar.
Nov. 14, 2017 Item #3 Page 45 of 74
items to be discussed and/01· rnmoved from the Consent Calendar for separnte action. l'i 1·equest from the public to discuss an item must be filed with the City Clerk in w1·iting p1-ior to Council considerntion of the Consent Calendm·. Membern of the public who have requested pCl·mission to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state theiF name, addi·css and Consent Calendm· item number. (01·d. 1213 § 2, 1979)
1.20.190 Presiding offieer. The mayoF shall be the prnsiding officCl' at all meetings of the city council. (Oi·d. 1213 § 2, 1979)
1.20.200 Powei·s and duties of presiding officer. The pFesiding offiee1· may move, second, debate, and vote from the chafr. The prnsiding officc1· shall not be depi·ived of any of the rights and pFivileges of a council membe1· by reason of acting as presiding office!'. The presiding offiee1· 01· such person as the prnsiding officCl· may designate may ·1erbally restate each question immediately p1·io1· to calling for the vote. Follo·.ving the vote, the pFesiding officer shall announce ·shether the question carried or was defeated. The presiding officer shall be responsible fo,· the maintenance of oFder and decoFum at all meetings. He OF she shall decide all questions of 01·der and prncedure, subject, howeve,·, to an appeal to too council in which case the matte1· shall be deteFmined by majority vote of the council. The presiding offieer shall sign all 01·dinanees, rnsolutions, contracts, and otheF documents necessitating the presiding offiee1-'s signatm·e which were adopted in his 01· lwr p1·esence, unless the prnsiding officer is unavailable, in which ease an alternate presiding officer may sign sueh doeunwnts. (01·d. 1213 § 2, 1979)
1.20.130 General rules of rocedure
1.20.210 Gaining the floor. &_Every council member, city officer or employee. or any other person desiring to speak during a council meeting must shall-first addi·ess the chail·, gain recognition by the presiding officer. Following recognition by the presiding officer, the speaker must , a11d shall confine him or herself to the question or matter under consideration, unde1· debate, avoiding reference to character and indecorous language. (0Fd. 1213 § 2, 1979)
1.20.220 Questions to the staff. IL__Every council member desiring to question the city staff shall, aftel' recognition by the presiding offieCl·, will address the his 01· hCl· 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. {Oi'4-1213 § 2, 1979) Members of the public desiring to ask a question regarding an item on the agenda must do so only when public comment regarding an item is permitted. Questions from a member of the public must be directed to the presiding
20
Commented [Clsb19]: This new section consolidates and updates the provisions of various former sections all relating to the general rules of procedure for conduct of council meetings.
Nov. 14, 2017 Item #3 Page 46 of 74
officer. who may refer the question to any member of the citv council. city manager.
or city attorney as the presiding officer deems appropriate.
1.29.239 IBteFFU:ptieBs.
C. Once a council member. city officer or employee. or other person has been
recognized and allowed to speak by the presiding officer. the person will be allowed
to conclude his or her remarks without interruption. except an interruption by the
presiding officer to preserve order. subject to applicable time limits. A council
member seeking to raise a point of order or personal privilege must first gain
recognition from the presiding officer. , onee Feeognized, shall not be intenupted
when speaking unless ealled to 0Fde1· by the p1·esiding offieei·, or unless a point of
01·dei· m· pernonal privilege is rnised by anothei· eouneil member, m· unless the
speake1· ehooses to yield to a question by anothe1· eouneil membe1·. _If a council
member while speaking is called to order, the council member shall cease speaking
until the question of order is determined, and if determined to be in order, the
council member may proceed. If interrupted by the presiding officer. city officers
and employees and members of the public must cease speaking until further
authorization by the presiding officer. Membern of the eity staff, after reeogniaon
by the pFesiding offieei·, shall hold the flom· until eompletion of theiF rnmru·ks OF
until 1·eeognition is withdrawn by the pFesiding offieei·. (Ord. 1213 § 2, 1979)
1.29.249 PoiBts of e.rde.r.
The presidiBg offieer shall determine all points of order subjeet to the 1·ight of any
eouneil membe1· to Fequest full eouneil ruling, and the question shall be, "Shall the
decision of the PFesiding Offiem· be sustained?" A majo1·ity vote shall eonelusively
determine sueh question of m·der. (Ord. 1213 § 2, 1979)
1.20.250 Point of pernonal privilege.
IL__ The right of a council member to address the council on a question of personal
privilege is 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 council member who has the floor only if the presiding officer recognizes the
privilege. (Ord. 1213 § 2, 1979)
1.20.260 Privilege of elosing debate .
Subjeet to the prnvisions of Seetion 1.20.270, the eouneil member moving the
adoption of an ordinanee, rnsolution 01· motion shall have the privilege of dosing
debate, subject to a eouneil majority rnling that debate shoHld eontinHe. (Ord. 1213
§ 2, 1979)
1.20.270 Calling the question.
L__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.
21
Nov. 14, 2017 Item #3 Page 47 of 74
If the call carries, the council shall then vote on the motion without fu rther discussion. (Ord. 1213 § 2, 1979)
_F_. __ 1.20.a40 Voting prneedm·es. &--Voting will shall-be conducted By---too--usinge---Bf the voting light-system
installed in the council chambers, unless the city council dispenses with use of the voting system or the system is not functioning. If the voting light system is not used, voting will be by voice vote or other system by which the vote of each council member is made known to the public. Secret ballots are prohibited. l, rnd light
designates a "No Of Negative" vote, a green light designates a ''Yes or Affirmative" vote, and an ambm· light designates a vote to "1\bstain." E. The eouneil may at any time, me from time to time , dispense ·.vith the use of the voting light system by voiee vote of the majm·ity. In sueh an event, voting shall be eondueted by voiee vote until sueh tune as a determination is made to again use the ·,·oting light system, 01· some other system. C. 'Nhen the eouneil is voting the voiee vote, a negative vote shall be registe1·ed by the m·al statement of "NO" b:y the eouneil membei· voting. Affi:l'mative vote shall be rngistered by the m·al statement of ''YES" or "l..YE" by the coml£il memb01·
¥Otingc
Q_,___1.20.ae;o Failurn to vote. Every council member should vote unless disqualified by reasan ofdue to conflict of
interest. A council member who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon, however, -:-0rdinances.
resolutions, orders for franchise or payments of money, or adoption or amendment of a specific or general plan require the affirmative vote of a majority of the city
council (i.e., three affirmative votes). (01·d. 1213 § 2, 1979 1.20.280 Protest against council action.
/,ny council memb01· shall have the 1·ight to have the 1·easons for his 01· hei· dissent from, m· protest against, any action of the eouncil cnternd in the minutes. Sueh
dissent 01· protest to be entered in the minutes shall be made in substantially the following manne1·: "I ·.vould like the minutes to show that I am opposed to this action fo1· the following reasons ... " (Ord. 1213 § 2, 1979)
!:L_l.20.370 Tie vote. For matters that may be decided by a majority of the quorum, '.le.tie votes or a vote lacking the 1·equfred numbei· of affirmative votes shall constitute "no action," and
the matter voted upon remains before the council and is subject to further council consideration. If the presiding officer determines that city council is unable to take action on a matter during a meeting before it because of a tie vote or the laek of the rnquirnd numbe1· of votes, the city clerk shall place the item on the next regular
meeting of the city council for further consideration. For matters that require approval by affirmative vote of a majority of the citv council, any vote of less than
the required number of affirmative votes results in denial of the action, unless a
22
Nov. 14, 2017 Item #3 Page 48 of 74
r
member of the city council who did not vote in the affirmative requests that the matter remain open for further consideration. �For matters involving development applications which am before the council b� of a recommendation or appeal from the planning commission or design review board, ffi which case if a final decision of the city council is not reached within a Feasonable time, not to ciweed, 60 days of the date of the first meeting at which the matter is considered, the matter shallwill 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. (OFd. NS @2@ § 1, 2002; 01·d. 1213 § 2, 1979)
_I. __ l.2().38() Changing vote. A council member may change his or her vote only if a timely Fequest to do so is made-immediately following the announcement of the result of a vote on a matter by the presiding officer and �the next item in the order of businessc is taken up. Except in the case of a tie vote, A_<! council member who publicly announces that he or she is abstaining from voting on a particular matter
shall not subsequently be allowed to may not withdraw his or her abstention. � 1213 § 2, 1979)
J_. __ 1.20.390 ReeonsideFation.
Ac-----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 cithc±· immediately dUiing the S!llll:O session, oi· at a including a recessed or adjourned session thereof and -:--Sueh motion may be made only by �one of the council members who voted with the prevailing side. Nothing in this section shall be eonsti·ued to prnvent any council membeF from making or remaking the same or any other motion at a subsequent meeting of the eouncil. Ih---Consideration of action A motion to rescind, repeal, cancel or otherwise nullify prior council action is shall be in order at any subsequent meeting of the council, subject to placement of the matter on the agenda in the same manner as any new item of business. The effect of such action ehallwill operate prospectively and not retroactively and ehallwill not operate to adversely affect individual rights which may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties. Any interested person aggrieved by a quasi-adjudicatory decision of the council may request the rescission. repeal. cancellation, nullification or amendment of the decision by filing a written request for such action with the city clerk. The request must state the grounds upon which the request is made and be accompanied by a processing fe e in an amount determined by city council resolution .. (01·d. 1213 § 2, 1979)
23
Commented [Clsb20]: This section consolidates and updates the provisions governing public participation at meetings consistent with the city council discussion at the August 29 workshop. As discussed, speaker slips will be required for matters on the agenda (Subdivision A), as well as for public comment on matters not on the agenda (Subdivision B). The speaker slips will be maintained by the clerk in the order received (Subdivision C). General rules governing speaker time are set forth in Subdivision D, including the requirement that members of the public will now receive three minutes. The provisions relating to representatives of groups are contained in Subdivision F.
Nov. 14, 2017 Item #3 Page 49 of 74
A. It is the policy of the eouneil to permit limited presentations by mMembers of the public may address the council on items of business listed on an agenda of any meeting. Persons desiring to address the council regarding an item on the agenda, including an item listed on the consent calendar or items noticed for a public
hearing, must submit a request to speak to the city clerk before the item is called by the presiding officer. on nonpublie heaFing agenda items. The presiding offieeF
may, in the absence of objection by a majo1·ity of the eouneil members present, deeline to permit sueh presentations on any pm·tieular nonpublie heaFing item.
B. A.ny person or grnup ofpernons desiring to addrnss the eouncil on a nonhearing matter must file a written FOEJ:uest foi, permission to address the eouneil
·.vhich 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 council, may
allow a person who has not filed such a request to address the council.
B. At regular meetings, including adjourned regular meetings, members of the public may address the council on items not appearing on the agenda during the portion of the agenda set aside for this prnJ)ose. The total amount of time set aside for this prnJ)ose at the beginning of the meeting will not exceed 15 minutes, additional time will be set aside at the end of the meeting. Persons addressing the council must confine their remarks to matters within the subject matter jurisdiction of the city council or a public agency for which the city council services as the governing body. Persons desiring to address the council on items not appearing on the agenda must submit a request to speak to the city clerk before the meeting is called to order. The presiding officer, with the unanimous consent of the council, may allow a person who has not filed such a request to address the council.
C. The city clerk will organize speaker slips pertaining to each agenda item in
the order received and persons will be invited to address the council based on that order. Upon direction of the presiding officer. the names will be called by the city clerk.
D. Members of the public will address the council from the podium provided for that purpose. Each peFson desu·ing to addrnss the council shall approach the
podium, state the subject that the person wishes to discuss, city of residence, and the pernon's name and,101· party he or oho is 1·epresenting (unless otheFwise determined by the eity attomey to be unnecessa,·y). Each member of the public will be permitted to speak for up l'i speake,·'s 1·emadrn !ll'e limited to five minutes but may be shm·tened to three minutes, unless the presiding officer or such shoFtm· time as appropriate undm· the ei1·cwnstances and when has announced a shorter duration by the maym· 01· at the commencement of the item under consideration. A
shorter duration may be set when the presiding officer or majority of the quorum determine that , in the opinion of tao mayor 01· majo1·ity of tao city council, the length and duration of public comments on a matter public hearing item would be unduly burdensome and prevent or frustrate the city council from reaching a timely
24
Nov. 14, 2017 Item #3 Page 50 of 74
decision on the matter. Persons must confine their remarks to the agenda item under consideration. A speaker may not yield time to another speaker. All 1·emarko shall be addressed to the eouneil as a ·.vhole and not to any membm· thereof. No questions shall be asked of a eouneil member or a membH of the eity staff without obtaining the permission of the mayor. The maym· shall not permit any eon1n3.unieation, m·al or vffitten, to be made or read where it does not bear direetly on the agenda item then unde1· diseussion.
EP. After the presiding officer has closed the public input portion of an agenda itema motion has been made, no member of the public mayshall address the council from the audienee on the matter under eonsidemtion without first being recognized by the presiding officer and securing permission to do so by a majority vote of the
city council.
F.E-c 1.20.302 i\ddi·essing the eouneil Spokesperson fo1· group of persons. ,AL ln orde1· to eilpedite mattern and to avoid repetitious presentations, vlTo
facilitate organized presentations. a representative of a group of persons mav submit a request to speak on behalf of the group. The repre�entative must identify the group and list not fewer than three-members of the group who will be present during the meeting at which the presentation is made. The presentation on behalf of the group may not exceed henever any grnup of pernons wishes to addi·ess the eouneil on the same sub:jeet matter, it shall be propm· for the presiding offieer to require that a spokesperson be ehosen from the group to adckess the eom1eiL If additional mattern are to be presented by any other membeFB of the grnup, the presiding offieer may limit the number of sueh pe1·sons and limit the presentation to info1·mation not ah·eady presented by the group spokespm·son. B. For items othe1· than those listed on the agenda for publie hearing, groups of
persons shall be limited to a total presentation period of 10 minutes unless additional time is authorized . The presiding offieer shall first eall fo1· representatives of groups in favor of the matte,· unde1· eonside1·ation and then fo1· those persons in opposition to the m.attm· undm· eonsiderntion, and thereafte1· shall
allow a rebuttal time limited to five minutes to the prnponents who shall eonfine rebuttal rema1·ks to answering eomments made in opposition and not the
intrnduetion of new testimony. Fmthm· time may be grnnted by_!! majority of the quorum. vote of the council. No person shall address the council without first
secm·ing the pem1ission of the presiding officer. (Ord. CS 96 § 1, 2010; Orel NS 770 § 1, 2005; Ord. 1222 § 1, 1979; 01·d. 1213 § 2, 1979)
G. For items listed on the agenda. members of the public will generally be invited to speak following the staff presentation. if any. and before city council discussion of the item. For items removed from the consent calendar at the request of a member of the public. the presiding officer may invite the speaker to address
the council and may defer or waive presentation of a staff report.
25
Nov. 14, 2017 Item #3 Page 51 of 74
1.20.300 PUFpose and iRtent l.ddressrng the eouneil. Olli' society has long FCeognized that it is important for citizens of any community to
have the ability to addi·ess theiJ, elected offieials. To that. end, the City of Cadsbad has enacted decorum 01'dinances to facilitate such activities at council meetings. These ordinances are designed to allsw fo1· public input but l'etain the recognition that city business and the needs of all the pesple neeessa1-ily 1·equire som.e
limitations. Clearly, the morn 01·dedy a meeting, the morn time membern of the council will have to adequately consider and add1·ess any issues 1·aised. Dissent at
publie meetings is alss a recognized eoneept in a free soeiety. It is one of the ways in which csneCl'ns absut pe ndiRg issues can be expressed, and withsut whieh the
natlll'e or extent of those eoneerno might 1·esult in lees than info1.·med decisions. But it is equally important ts rneognize that dissent is n.ot without limitations. If an.yon.a who wished to move a public meeting tov,m·d a pal'tieula1· position could disrupt the proeeediRgs whenev01· they felt moved to do so, the rights of all others and the busiRess of a city would soon stagnate and the actions themselves vrnuld te1:.-0. to imperil the very freedoms we all seek. It is thereforn imp8l·tant to 1·emember that no one has a eon.stitutional right to disrnpt a public meeting by attempting to llllpOSe their own voice 01· aetion.s in. a manner that is loud, boistm·ous, or uru·uly where sueh conduct is substantially disruptive of the meeting itself, not in. compliance with the rules set forth fo1· the gove1·nanee of the sueh meetings, and eontiRues after the mayo1· has requested the person 01· pernons ts stop. The issue in sueh eases is not
1,;bout the content of speech, unless the content itself violates the law, but rathm· with the extent of disruption. caused to the meeting itself by the manner and
conduct of the speaker's aetiono. (01·d. CS 153 § 3, 2011) 1.20.302 Addi'essing the eouneil Spokesperson for grnup of persons.
l'.. In order to mcpedite mattern and to avoid repetitious presentations, whenever any grnup of persons wishes to addi'ess the eouneil on the same subjeet mattm·, it shall be prnpm· for the p1·esiding officer to require that a spokesperson be chosen from the gx·sup ts addrnss the council. If addition.al mattern are to be p1·esented by
any ether m01-nbe1·s of the gx·oup , the prnsiding offieer may limit the numbG.i· of sueh pe1·ssns and limit the p1·esentation to informatisn. not ah-eady p1·esented by the group spokesperson. B. Fs1· items other than those listed on the agenda fo1· publie hearing, groups sf pernons shall be limited to a total presentatisn pm·iod of 10 minutes. The presiding offieer shall ffrst eall fo1· rnpresentatives of gx·oups in favor of the matter under consideration and then for these pernsns in sppositisn to the matter under esnsideration, and th01·eafte1· shall allow a rebuttal time limited ts fi·re minutes ts the prnpsnents whs shall esnfine rnbuttal 1·emm·ks ts answering esmrnents made in sppssitisn and net the intrsduetisn sf nev>' testimsny. Flil'the1· time may be granted by maj 8l·ity veto sf the csuneil. (01·d. CS 153 § 2, 2011; Ord. 1213 § 2, 1979)
1.20.305 Oppsrtunity for public ts addi·ess the esuneil Nsnagenda items.
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Nov. 14, 2017 Item #3 Page 52 of 74
A Evei'y agenda fo1, a i:egulai' eouneil meeting shall p1·ovide a period fo1· members of the publie to addi:ess the eouneil on items of intei:est to the publie that are not on the agenda but are within the jm·isdietion of the eity eouneil. B. Speakern shall be limited to three minutes eaeh with the total time for all speakm·s not to exceed 15 minutes unless additional time is granted by majority vote of the eouneil. Anyone de siring to speak shall 1·ese1,ve time at the meeting by filing a written request v:ith the eity elerk. Speakern will be ealled in the order reserved within the available time. The may01· with the consent of the eouneil may, if time permits, allow pernons to speak who have not filed a ·.v1·itten 1·equest to reser1e time . C. Each person desiring to addi·ess the eouneil shall apprnach the podium, state the subjeet he or she \Vishes to discuss, city of residence, and pernon's name and/or party the pernon is reprnsenting (unless otherwise dete1·mined by the eity att01·ney to be unnecessa1·y). All 1·emarks shall be addi·essed to the eouneil as a whole and not to any membm· thereof. No questions shall be asked of a eouneil B3.embm· or a member of the eity staff without obtaining the permission of the presiding offiem·. The presiding officer shall not pe1·mit any communication, oral or ·.vritten, to be made or i:ead whei:e it is not within the subject matter jurisdiction of the eity council. (01·d. NS 770 §§ 2, 3, 2005; 01·d. 1292 § 9, 1986)
1.20.&Hl Deeoni.m and order Council and city staff. While the eouncil is in session, the conncil membe1·s and city staff shall observe good 01·der and deem·um and shall not by convernation 01· othenvise, imprnpedy delay 01· inteffupt the proceedings nol' refuse to obey the du·ectives of the mayor as authoril'ied undm· this chaptel'. (01·d. CS 153 § 4, 2011; Ord. 1213 § 2, 1979)
1.20.320 Public attendance and audience Decorum and order. Members of the public attending eouncil meetings shall obscrre the same 1·ules of 01·der and deeorum applicable to the city eouncil and staff. l,ny pernon ·.vishing to addi·ess the eouneil is rnsponsible for familiari,3ing him or herself with the 1·ules and 01·dinances applieable to council meetings. Copies of those rnqui1·ements ai:e available on file in the offiee of the eity elerk and on the eity's website. (OFd. CS 153 § 5, 2011; 01·d. 1213 § 2, 1979)
Persons desiring to use city information system or communication equipment for presentation of information to the council must make arrangements in advance with the city manager. The city manager may establish reasonable rules regarding format, security, time for submission, and other similar matters.
1.20.4;W 160 Conduct of F-I!u blic hearings�A'-tlcen--JlHH-al�----------A. \3/herever The provisions of this section apply to matters listed on the agenda as public hearing items. Except as otherwise provided in this section, all of the provisions of this chapter apply to matters listed as public hearing items. by-law
27
Commented [Clsb21]: This is a new provision.
Commented [Clsb22]: This section consolidates and updates the sections governing items scheduled for public hearing. The time for presentation by the applicant has been shorted. Under the proposed revision, members of the public would be called to speak in the order that speaker slips are received without regard to whether the speaker may favor or oppose the matter.
Nov. 14, 2017 Item #3 Page 53 of 74
the city council is required to hold a public hem1.ng on any matter befoFe it, such heai·ing will be held in accoFdance with the 1:ules and prncedmes set forth in this chapter. Nothing in this chapter shall prohibit OF limit the city coUReil from holding
a public hea1·ing on any lllatte1· before it, Vlhethe1· requu·ed by law 01, not, and nothing in this chapter shall prohibit Ol. lilllit any membeF of the public from addressing the council in accoi·dance with the pmcedUFes pFovided fo1· in this chapter, inespeetive of whethe.r O±' not a public hearing is being held. B. �Eublic hearings will be noticed to shall be scheduled to begin at athe time cm·tain whieh shall be the horn· the council convenes, unless otherwise determined by the citv manager or directed by the city council in which case the notice of public hearing and agenda may state a different time. If there is more than
one public hearing scheduled for a meeting, the hearings will be held in the order stated on the agenda unless the council changes the order. Meetings may be
adjourned when necessary or convenient to complete a hearing or schedule of hearings. Hearing will commence at the time stated on the agenda or as soon thereafter as the conduct of business at the meeting permits. The council shall hold such heai·ings in 01·de1·, in aeeordanee with the schedule on the agenda at that tifile,
OF as soon thereafteF as practicable. If the heaFing is continued to a tillle less than 24 hoUFs afte1· the tifile specified in the notice of such hem·ing a notice of
continuance shall be posted imlllediately aftm· the meeting on the council chamber doors. (Oi·d. 1292 § 10, 1986; Ord. 1213 § 2, 1979)
1.20. 430 Public hea1·ings PrncedUre. A The presiding officer shall announce that it is the tifile and place fo1· a public heaFing scheduled on the agenda. _QR PriDl· to all city council public heai·ings, All docun1ents intended by the city to be part of the record of the hearingcopies of the council's agenda with attachments, including the staff repoFt, if any and any correspondence received by the city pertaining to the subject matter of the hearing, will-shall be available at the office of the city clerk at least 24 hours prior to commencement of the hearing. This provision does not preclude the submission by any person of supplemental or additional information during the hearing. ; prnvided, howevm·, the council filay
allow in its discretion the filing of supplelllental reports whieh shall be lllade public at the eomfilencefilent of the heai·ing.
D. The applicant will be permitted 10 minutes to make a presentation, not including time to respond to questions by members of the city council. and five minutes to respond to comments by members of the public. As used in this section, applicant includes any person or entity whose rights or interests are directly the subject matter of the hearing.
E.G. The order of the hearing will shall-be as follows unless otherwise required by law: 1. Presentation of staff and/or planning commission report;
28
Nov. 14, 2017 Item #3 Page 54 of 74
2. Questions from the council; 3. Presentation by the applicant, if any; 4. Comments by members of the publicTestimony of people in favor;
5. Response by staff or applicant to facts or issues raised by public connentsTestimony of people in opposition; 6. Rebuttal of applieantCouncil discussion and action.�
D. l.n individual speaker shall be allowed five minutes to addi:ess the eity eouneil mrnept it may be shortened to three minutes 01· sueh other time limit as apin-opi:iate when announeed by the mayor at the eommeneement of the puhlie hearing when, in the opinion of the mayor 01· majority of the eity eouneil, the length
and dm·ation of the publie testimony would he unduly bm·densome and p1·event 01· frustrate the eity eouneil from reaehing a timely decision on the matte1·. In addition: 1. ,A, written 1·equest to speak shall not he required; 2. The time limit fm· grnups shall he 20 minutes;
3. The applieant shall have 20 minutes.
EE. The presiding officer may, dependent upon the neeessity fo1· insUFing adequate presentation of testimony and evidence to prnvide a fair hem·ing, set longer time limits than otherwise allowed by this chapter for adequate presentation of testimony and evidence to provide a fair hearing. The decision of the presiding officer may be appealed to the council. (01·d. CS 096 § 2, 2010; 01·d. 1213 § 2, 1979)
.G.,__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 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 subdivisioneetien.
1.20.460 Puhlie heaFings Closing. H. Before commencement of council discussion and action, 'Nhen neither the applieant, his 01· her opponents, 1101· the eity staff have fu1·the1· evidenee to prnduee,
or when the opinion of the prnsiding office1· m· the majority of the couneil through the presiding office1· oafficient evidence has been presented, tho presiding officer may eha-ll-order closed the public input portion of the hearing-elooed, at which time no further evidence, either oral or written, will be accepted by the council except in response to a question by a council member; provided, however, that this rule may be relaxed by the presiding officer or the majority of tho council thrnugh tho p1·osiding officer where it appears that good cause exists to hear further evidence concerning the matter which is tho subject of the public hearing. Following completion of questions by council members. the presiding officer may order the public hearing closed. A public hearing once closed cannot be reopened on the date
29
Nov. 14, 2017 Item #3 Page 55 of 74
set for hearing unless the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing in this section. however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent meeting, provided notice is first given in the manner required for the initial hearing. (Ord. 1213 § 2, 1979)
1.20.450 Publie hea.rings Continuation. I. A public hearing may be continued to a date certain At any time before the closing of the hearing in order to permit presentation of additional written or oral evidence, or return the matter to the planning commission for further consideration. that it appears to the presiding offieer or a rnajo1·ity of the eouneil tlrrough the presiding offiem·, that inadequate evidenee has been presented to affo1·d judieious eonsiderntion of any matte1· before the eouneil at the time of a publie hearing, or for other just ea.use, a eontinuation of said hea1·ing may be 01·dered to afford the applieant, his 01· he1· opponents, 01· the eity staff adequate time to assemble additional eYidenee fo1· the eouneil's eonsideration. Any eontinuation ordered by the eouneil tra·ough its presiding offieer shall be to a date eertain, whieh
said date shall beThe presiding officer will publicly announce_d in the eouneil ehambeY and shall eonstitute notiee to the publie of the date. time, and place that
the hearing will reconvene, and further evidence will be taken. and the announcement constitutes sufficient notice to the public of the date, time, and place
of the continued hearing. f. publie hem·ing may be eontinued in the event the mattei· is to be returned to the pla.nning eommiosion for fm·ther eonoideration. In this 8¥efltlf the matter is returned to the planning commission for further consideration, the presiding officer mustshall publicly announce state in open eouneil meeting the faet-that the matter has been returned to the planning commission for consideration and may announce the date, time and place that the hearing will be continued to receive the further report by the planning commission. that the eouneil hearing •.vill be eontinued on a date ee1·tain. If the presiding officer announces the date, time, and place of the continued hearing, the clerk will post a notice of continuance in the same manner as for posting notices of an adjourned meeting, however no further public notice is required. If the presiding officer does not announce the date. time, and place for continuance of the matter following return to the planning commission, the hearing will be noticed in the same manner as for the initial public hearing. The publie announeements prnvided fo1· in this seetion shall eonstitute notiee to the applieant and his m· heF opponents of time and plaee when furthe1· evidenee will be taken by the eouneil. The eouneil shall also have the option to set the matter to a heru·ing de novo. (Ord. 1213 § 2, 1979)
1.20.470 Puhlie hearings Reopening. f. publie hea1·ing on any matter onee dosed eannot be reopened on the date set fo1· hea1·ing unless the presiding offiee1· dete1·mines that all pernons who were present when the hearing elosed a1·e still present. Nothing in this section, howeve1·, is intended to prevent or prnhibit the 1·eopening of a publie hearing at any subsequent regular m· speeial meeting of the eouneil. No publie hem·ing may be rnopened
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Nov. 14, 2017 Item #3 Page 56 of 74
without due and prnpei:· notice being given to the applicant and his or her opponents designating the time and place of said rnopening. (Oi:·d. 1213 § 2, 1979)
1.20.4-SGl 70 Decision following a I!l!uhlic hearings_--jlnlcH,-�·-·&El\:1 ____________ _..---Commented [Clsb23): This section updates the A. A decision may be made at any time following the close of a public hearing. provision relating the statement of a decision following a public hearing. It also clarifies The council may adopt a resolution or ordinance recommended by staff and requirements for findings consistent with applicable presented as part of the agenda packet. or The city council shall consider all law. evidence propeFly before them in accordance with this chapter. The council shall �-----------------�
theft-may indicate its intended decision and instruct the city attorney to return with the resolution or ordinance documents necessary to egffe ct thg_at decision�, including findings as may be appi:·opi:·iate to the matte1·. Upon 1·etun1 of such deeumFor decisions that include a quasi-adjudicative determination, ents, the the council may adopt the resolution or ordinance, as presented or as may be amended by the council, if it sh-all-determine.§. iftha t the findings contained in the document are supported by the evidence presented beforn it at the hearing, and 4-the decision is supported by the findings0, and after making any changes rnnder its decision by taking action on the documents. The city council's decision is not final until adoption of the documents. B. A council member who was absent from all or a part ofa public hearing shall not participate in a decision 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 eon-represent§. that he or she has a full understanding of the matter. (01·d. NS 709 § 2, 2004; 0Jc·d. 121::l § 2, 1979)
1.20.180 A lication to administrative
The procedures for conduct of public hearings will app ly to any quasi-adjudicative administrative hearing conducted bv the city council except as provided in section
1.20.19!l
1.20.190 Application of procedures required by law.
Whenever the requirements of this code or other law require that hearings regarding a particular matter be conducted pursuant to a specific procedure, the provisions of the law establishing the requirements shall prevail over this chapter to the extent of any inconsistency. Specific rules of procedure for an administrative hearing established by official action of the city council, upon recommendation of the city attorney, will prevail over the provisions of this chapter to the extent of any inconsistency with respect to that hearing and other hearings of a similar nature.
31
Commented [Clsb24): This section and section 1.20.190 are added to clarify the procedures for public hearings apply to quasi-adjudicative administrative hearings unless a specific procedure is required by law. Section 1.20.190 permits the city council to establish additional or specific procedures for certain administrative hearings upon the reco=endation of the city attorney. Further, section 1.20.190 would be triggered, for example, by the Constitutional and statutory requirements for conduct of majority protest hearings for the imposition of property related fees.
Commented [Clsb25): This section updates the provisions relating to what constitutes the record of proceedings for council decisions. Under the proposed revision, the section applies to all types of city council actions, whether legislative or administrative in nature, and regardless whether a noticed public hearing is required.
Nov. 14, 2017 Item #3 Page 57 of 74
A. A decision of the city council mav be based on any relevant evidence provided to the city council for its consideration of an item and accepted into the record of the proceedings by the presiding officer or made a part of the record of the proceedings pm·suant to this section. In addition, to oral presentations and documents presented at a meeting, the city council may consider any adopted general plan, specific plan, ordinance, resolution, or other record of official action of the citv. and facts of common, ge neral knowledge. Dill·ing the publie heal'ing, the eouneil shall reeeive oml or w1·itten evidenee relevant to the matter being eonsidered whieh shall beeome part of the reeord. The p1·esiding offieer, 01· any membe1· sf the ee uneil thl'Sugh the presiding effieer, may require the eity ele1·k ts swear any pei·son giving evidenee at the time sf the hearing en the matter undo!' ee nsideratien, if in the
epinien sf the presiding offieer 01· any membel' of the eouneil, the eath is neeessary. Evidence rneeived at public hearings provided foF in this 01·dinanee shall be Felevant
and matei·ial to the issues befoFe the eeuneil; prnvided, howeve1·, that ([he rules of evidence as established by law for judicial proceedings in the Evidence Code fo1· the State of California are not applicable to proceedings of the city council and any credible, relevant evidence appropriate shall be substantially rela1wd in erde1· to
afford a full presentation of the facts essential necessary or convenient for judicious consideration by the eouneil of the matter which is the subject of the council's
consideration mav be presented at the discretion of the presiding officer. p-uhlie hem·ing. Failure of the presiding officer on the pm·t sf the eity eouneil to strictly enforce rules of evidence or to reject matters thatwhieh may be irrelevant or immaterial doesfihall not affect the validity of the hearing. Any procedural errors
thatwhieh do not materially affect the substantial rights of the parties willfihall be disregarded. Rulings of the presiding officer are subject to change bv the city council in the same manner as any other procedural order. The eouneil may order the city elm·k to issue, and the chief of poliee er representative to serve, subpoenas fo1· any witnesses 01· rce01·ds neeessm·y for the production of evidence at any duly scheduled publie hearing as provided for in this ehapte1·. l,ny person, other than a member of the council, who wishes to direct qucstion(s) to an eppesing witness shall submit
such qucstion(s) to the presiding offiee1·, who will ask the questien(s) to the v.itness. The prnsiding office1· may at his 01· hm· discrntion resti·ict the number and natU1·e of
any questions asked pm·suant ts this seetien. B. All materials included in the agenda packet for a meeting are evidence and
part of the record of the proceedings for the agenda item to which they pertain. It is not necessary for materials included in the agenda packet to be read in full or referenced at the meeting: however, the staff may present a summary of the information as part of the staff presentation or upon request of the presiding officer. If there is a staff report, it shall be eonsidered as evidence and shall become part of the rncord of a public hearing. Such 1·ep01·t need not be Fead in full as part of the staff presentation. A synopsis of such rnpoFt may be presented erally by staff membeFs to the council. In addition, any of the following may be presented to the city council during the meeting and, if presented are, shall also become evidence and part of the record:
32
Nov. 14, 2017 Item #3 Page 58 of 74
1. Exhibits and documents not included in the agenda packet that are used during the presentation by members of the-city staff and any
persons addressing the city council and are provided to the city council partieipating i.n the hea1·i.ng; 2. Maps and displays p1·esented for use_g at the meetinghem·i.ng; provided that, whenever practicable, they shall be displayed in full view of the
participants and the audience; 3. All written communications and petitions concerning an item the subjeet matter of the heru·i.ng;presented at a meeting if a request for inclusion in the record is made and the presiding officer gr ants the request: however provi.ded that, a reading of co=unications and petitions is not required and will generally be permitted only upon authorization by the presiding officer: andsueh mattern only shall be had at the request of a eouneil membm·; 4. Information obtained outside the council chambers, such as a view of the site, provided the5-U€fi information, to the extent it is relied upon in a quasi-adjudicative matter, !§.shall be disclosed for the record.
C. The city clerk will retain A_!!ll the agenda packet, exhibits, reports, maps and
other physical evidence placed before the council shall be retained by the eity elei·k as public records. Such records exhibits may be released by the clerk with the
approval of the city attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting the item provided that
the clerk retains a photographic, video, or digital record of the item. The clerk may make and retain photographic. video, or digital records of proceedings of meetings subject to the same requirements applicable to other public records of the city. � 1213 § 2, 1979)
D. Whenever any law requires that testimony presented to the city council under oath or affirmation, the presiding officer or the city clerk may administer the oath or affirmation.
1.20.210
The council may order the city clerk to issue, and the chief of police or representative to serve, subpoenas for any witnesses or records necessary for the
production of evidence at any duly scheduled public hearing or quasi-adjudicative administrative proceeding. as provided fo1· i.n this ebaptm·. llny pe1·son, other than a
member of the eonneil, ,;vho wishes to direet question(s) to an opposing wi.tness shall submit sueh questi.on(s) to the presiding offieer, who will ask the question(s) to the ,.vitness. The presiding offiee1· may at his or her dism·etion restriet the numbe1· and natill·e of any questions asked prn·suant to this seetion.
33
Commented [Clsb26]: The provisions of former section 1.20.440 relating to subpoenas have been separated out into a new stand-alone section and edited for clarity.
Commented [Clsb27]: The following redline shows deletion of sections that have been revised and consolidated into new sections 1. 20.160.
Nov. 14, 2017 Item #3 Page 59 of 74
l'.1:t any time that it appears to the p1·esiding offie01· or a majoFity of the eouneil thFough the prnsiding office1·, that inadequate evidence has been presented to affoFd judicious conoidemtion of any matt01· beforn the couneil at the time of a public hearing, 01· foF other just eause, a continuation of said hem·ing may be ordm·ed to aff01·d the applicant, his 01· h01· opponents, 01· the city staff adequate time to assemble additional evidence for the eouneil's considerntion. Any continuation 01·deFed by the council thi:ough its pi'eoiding offiee1· shall be to a date eertain, whieh said date shall be publicly announced in the eouneil chamber and shall constitute notice to the public of the time and place that furtheF evidence •.vill be taken. A public hearing may be continued in the event the matte1· is to be rntUl'ned to the planaing commission fo1· fm·the1· considerntion. In this event, the p1·esiding offie01· shall publicly state in open eouncil meeting the foet that the matte1· has been FOtUFned to the planning commission for consideration and that the eouncil hearing will be continued on a date certain. The public announcements provided fo1· in this seetion shall constitute notice to the applicant and his 01· her opponents of time and place when furthe1· evidence will be taken by the council. The couneil shall also have the option to set the lllatt01· to a hearing de novo. (01·d. 1213 § 2, 1979)
1.20. 4.60 Puhlie hearings Closing. V,Jhen neither the applicant, his 01· her opponents, nm· the eity staff hm,e fm·th01· evidence to produce, 01· when the opinion of the presiding officer or the maj01·ity of the council thrnugh the prnsiding officer sufficient evidence has been prnsented, the presiding offiee1· shall 01·d01· the public heill'ing closed, at which ti.me ne fuFthe1· evidence, eith01· 01·al or written, will be accepted by the couneil; prnvided, however, that this rule may be relmwd by the pm siding officer or the maj01·ity of the couneil through the presiding office1· where it appears that good cause 01,ists to hear fUFther evidence concerning the matte1· whieh is the subject of the public hem·ing. (01·d. 1213 § 2, 1979)
1.20.4.70 Puhlie heariBgs Reopeeieg. l'.1: publie heaFing on any mattel' onee elosed cannot be 1·eopened on the date _set fol' hearing unless the presiding office1· dete1·mines that all p01·sons who were present when the hea1·ing closed are still present. Nothing in this section, howey01·, is intended to prevent 01· prohibit the rnopening of a publie hearing at any subsequent rngulill' 01· special meeting of the council. No public heru·ing may be rnopened without due and prnper notice being given to the applicant and his 01· her opponents designating the time and place of said rnopening. (01·d. 1213 § 2, 1979) 1.20.480 Puhlie hea1·ings Deeision. A The city council shall eonsid01· all evidence prnperly before them in aeeordanee with this ehapter. The coB:Reil shall then indicate its intended decision and instruct the city attorney to ,·eturn with the documents necessary to effect that decision, including findings as may be approp1·iatc to the matter. Upon retm·n of m.ich documents, the council shall dete1·mine if the findings are supp01·ted by the evidence befo1'c it at the hearing, and if the decision is suppo1·tcd by the findings,
34
Nov. 14, 2017 Item #3 Page 60 of 74
aRd after makiRg aay changes rnRder its decision by takiag actioR OR the documents. The eity eouneil's deeisioR is not final until adoption of the documents. B. A eouneil membeF who was absent from all 01· a pm·t of a public heru·ing shall not pm·tieipate in a deeision OR the matter unless the council member has eitamiaed all the evidenee, ineludiRg listening to a rneording of the ornl testimoay OF Feviewing a videotape OF other eleetrnnie medium of the prnceediago and ean 1·eprnoent that he m· she has a full undeFStanding of the mattm·. (01·d. NS 709 § 2, 2004; 01·d. 1218 § 2,
-lf)-79f
1.20.33(}220 Enforcement of decorum.
A. The chief of police or such member of the police department as the chief, or authorized agent, may designate, i§ohall be the sergeant-at-arms of the city councit
and said pernon shall attend meetings at the request of the mayrn', the city manager, or a majority of the eity eouneil. _The sergeant-at-arms is required toshall
be available to respond to all meetings immediately upon call, and will attend meetings at the request of the mayor, city manager, or majority of the city council. The sergeant-at-arms is responsible for enforcing the shall eaFFy out all orders Qf the presiding officer autho1·i1wd under this chaptm· that aFe given by the maym,· for the purpose of maintaining order 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. The city council may l',ny council membeF may move to require the presiding officer mayer-to enforce the rules upon approval of a motion by any council member., and the affumative vote of a majm·it,· of the eouneil membern prnsent shall 1·eqUHe him OF he1· 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 or otherwise disrupts a meeting by failing to does not comply with the rules establishe d by of set fo1·th in this chapter, fo1· govemanee of sueh meeting, and continues to do so after the presiding officer-meyet' has directed the
1·equested such personW to stop, commits an offense is engaging in unlawful eonduetpunishable as and, eirnept as set fo1·th in subseeti.ons C and D of this
seetioR, 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 an offence punishable as a misdemeanor. D. Any person previously convicted under subsection B of this section, who again violates the provisions of subsection B of this section, commits an offence punishable as a misdemeanor. (Ord. CS 153 § 6, 2011; O,·d. 1213 § 2, 1979)
35
Commented [Clsb28]: The provisions of this section are included in new section 1.20.130.
Nov. 14, 2017 Item #3 Page 61 of 74
designates a ''Yes OF Affu·mative" vote, and an aH3:ber light designates a vote to "l,bstain." B. The eouneil may at any time, OF from time to time, dispense with the use of the voting light system by voice vote of the majOl·ity. In sueh an event, ¥oting shall
be eondueted by voiee '<'Oto until sueh time as a deteFffiination is made to again use the voting light system, or some other system.
C. \Vhen the council is voting the voice vote, a negative vote shall be registernd by the ornl statement of "NO" by the council membei· voting. l.ffiFmative vote shall be registe1·ed by the oral statement of "YES" Ol' ",A,.YE" by the council membe1· voting. (Ord. 1218 § 2, 1979)
If a council member has reason to think a eonfliet ofinteFest may eicist, the eouneil member shall give the faets of the matter· to the city atto1·ney and request advice thernon pFiOl' to the meeting. /,n y eouneil membe1· who is disqualified from voting on a particular matter by the mason of a conflict of inte1·est 01· a potential conflict of interest and immediately p1·ior to the eonsidm·ation of matter, shall: ,AL Publiely identify the financial inte1·est that gi·1es rise to the eonfliet of interest OF potential eonfliet of interest in detail sufficient to be underntood by the publie, eiwept that disclosure of the elEaet street address of a residenee is not 1·equi1·ed. B. Recuse himself Ol' hernelf from discussing and voting on the matte1·. C. Leave the room until after the diseussion, vote and any other disposition of the mattm· is eoneluded, unless the matter has been placed on the consent calendar. D. lL eouneil member may address the eouneil notwithstanding a eonfliet dUFing the time that the general public speaks on the issue. A council membe1· stating such disqualification shall not be counted as a part of a
quorum and shall be considered absent fo1· the pm·pose of determining the outeome of any vote on such matter. (01·d. NS 659 § 1, 2003; 01·d. 1218 § 2, 1979)
Every council membei· should vote unless disqualified by reason of conflict of interest. ,AL council m.clllbe1· who abstains from voting acknowledges that a majo1·ity of the quornm may decide the question voted upon. (Ord. 121d § 2, 1979)
Tie votes 01· a vote lacking the required numbe1· of affi.1·mati¥e votes shall constitute "no action," and the mattc1· voted upon remains before the eouneil and is subject to fUFthc1· council eonsidCJ:"ation. If the eity council is unable to take aetion on a matter before it becaase of a tie •;ote OF the lack of the required nu!Ilber of votes, the eity
clerk shall place the item. on the next 1·cgulaF m.ccting of the eity council fo1· fUI·thcr consideration except mattern involving development applications which are before
the council by virtue of a 1·ecoffimendation 01· appeal from the planning commission Ol' design review board, in whieh ease if a final decision of the eity eouneil is not
36
Commented [Clsb29]: This section is deleted because it merely duplicates a requirement of state law, but using language that is different from that used in the applicable FPPC regulation.
Commented [Clsb30]: See new section 1.20.130
Commented [Clsb31]: See new section 1.20.130
Nov. 14, 2017 Item #3 Page 62 of 74
reaehed within a reasonable time, not to exceed, GO days, the mattm· shall be deemed denied. Dll·ing this GO day period, any eouneil membeF may make a written request that the matter be rnsto1·ed to the eouneil's agenda. (Ord. NS 626 § 1, 2002; 01·d. 1218 § 2, 1979)
" l',. eouneil member may ehange his OF heF vote only if a timely Fequest to do so is made immediately following the announcement of the vote by the prnsiding offiem· and prior to the time the neKt item in the oFder of business is taken up. l',. eouneil membe1· who publicly annolffiees that he o,· she is abstaining from voting on a partieulaF matter shall not subsequently be allo·.ved to vrithdFaw his or he1·. abstention. (O,·d. 1213 § 2, 1979)
Commented [Clsb32]: See section 1.20.130
1.20.390 !Reeonsirleration�I-----------------------� Commented [Clsb33]: See section 1.20.130 l\.. l',. motion to ,·eeonside,· any aetion taken by the eouneil may be made only at the meeting sueh aetion was taken. It may be made either immediately dll·ing the same oeooioa, OF at a reeessed 01· adjourned session thereof. Sueh motioa may be made only by oae of the eouaeil membe,s who voted with the pFevailiag side. Nothing in this seetion shall be eonstrued to prevent any eouneil membm· from making or remaking the same or any othm· motioa at a subsequent meeting of the eouneil. E. l', motion to rnseinci, Fepeal, eaneel or otherwise nullify p1·ior eouaeil aetion shall be in 01·deF at any subsequent meetiag of the eouaeil. The effect of sueh aetion shall opm·ate p1·ospeetively and not retroaetively and shall not operate to advernely affect individual 1·ights ·.vhieh may have been vested in the intm·im. (01·d. 1218 § 2, -1-9+9}
All 01·dinanees shall be prepared by the eity attorney. No 01·dinanee shall be p1·epaFed fop preseatatioa to the eouneil unless Fequested by a eouneil memb mc, the may01·, eity manage,·, or prepared by the eity att01·ney on his 01· he,· own initiative. (Ord. 1218 § 2, 1979)
At the time of introduetion or adoption of an 01·dinanee 01· adoptioa of a resolution, the same shall not be read in full unless aftm· the ,·eadiag of the title, further reading is ,·equested by a membeF of the eouneil. If any eouneil membe,· so requests, the o,·dinanee 01· rnsolution shall be 1·ead in full. In the absenee of sueh a request, this section shall eoastitute a waive,· by the eouneil of sueh reading. (O,·d. 1218 § 2, -1-9+9}
37
Commented [Clsb34]: See new section 1.20.270, below.
Commented [Clsb35]: See new section 1.20,270, below.
Commented [Clsb36]: AB noted above the following deleted sections relating to public hearings have been consolidated and edited.
Nov. 14, 2017 Item #3 Page 63 of 74
proeedlli'es set forth in this ehapte1·. Notfl . . tHe city council from holding a public hnng m tlus chapter shall prohibit or limit
i·equued by law o1· not, and nothin in ;:nng on any matte1· aefore it, whethe1·
memae1:· of the pualie from nd& g thus ehaptei· shall p1·ohiait or limit aRV
, . d . u tttessrag -e council ·d . J pron ed fo1· m this chap tel' inespect ·.. f ···h in aeeoI anee with the pl'oeedu l'Cs
hekh ' he o w etliei· or not a public heai·ing i·s b .
B
m�
. All pualie heai·ings shall ae schedule . . be the hoUI· the council connenes Th �to aegm at a trn.1e eel'tain which shall
d . ' · �-e eoune� shall h ld . . accor ance with the schedule on th d o such heanngs in ordei· in
· f b 8 agen-a at that f ' prne iea le. If the heal'ing is cont" . d t _lfile, or as soon thereaftei· as
'"' . mue--o a tlfile l th 2
speett±ed m the notice of such heai·in
_ess � an 4 hoUI·s afte1· the time
immediately aftei· the meeting on th; a �otiee of eontmuanee shall ae posted
01'd. 1218 § 2, 1979) council ehamaer doors. (Ord. 1292 § 10, 1986;
1.20.430 Pualie h · p ;,,eanngs rneedUI·e ",. The presiding offie . h ll .
h _er s a announce that it is th t · eanng sche duled on the agenda e lHl.e and place for a public
B p-· . . .nor to all eity eouneil public heai·in . aUaehments, including the staff i·e art if gs'. eop10s of the _council's agenda with
city de1·k at least 24 hoUl'S pi·ioi· t p ' EIBJ ' shall be available at the office of the
ho th O commencement of the h ·
:,��,e�ei·,e council may allow in its discl'Ction ti:� ;ru·mg; prnvided,
" uc shall be made pualie at th e ng o supplemental repoi·ts
rs e commencement f th h . "'· The m·dei· of the h · h ll O e eanng.
1 p earmg s a be as follo"'s 'c!Ill. th . .resentation of staff and,toi· 1 . w .�ess o 4!rmse required by law·
2. Questions from the council· p anrung commission rnpol't; .
g P· t · .resen ation by the applicant . f . 4 T f , i any, .es lHl.ony of people in favoi·; fi. Testimony of people in opposition-6. Rebuttal of applicant. '
D A . di . . . un m vidual speake1· shall ae all .. , d ·.. . council eiteept it mav ae sho1·t d t tL o" e fire mnmtes to address the eitv
. J enc -o -rll'ee Ifilll" t . . h . J appropnate when announced ay the ma . _u es or sue othe1· time limit as
heanng when, in the opir11· on of th yOI at the commencement of the public
d . -e mayo!' ol' · · t . f . an dUI·ation of the public testimon . ···uld b �EI.JOFI Y o the city council, the length
frustrat th ·t Y wo e undulv bi:ii·den d e e e1 y council from . h. . J some an p1·event or
1 ;,, . reae mg a timely de · · h . u wntten i·equest to speak shall t b _e1s10n on t e matter. In addition-
? Th . . . no--e Yequn·ed· .
__e time limit fo1:· groups shall be 20 mi . . ' i. The applicant shall ha•ie 20 minutes. nutes,
. The pl'CS1ding officer may dependent lf
pi·eS1 1g offiee1· may be appealed t th. �ap ei·.e ecision of the
adequate presentation of test" ' . d _pan the necessity foi· insUI·ing
Ion t· li . lfil:Ony an e•ndenee to p1·0·,d f . h .
ger 1me m1ts than othe,m· ll ,1 e aau eanng set
. dir .. 1se a ovred ay this eh t Th d '
2, 1979) o e council. (01·d. GS 096 § 2, 2010; 01·d. 1218 §
38
Nov. 14, 2017 Item #3 Page 64 of 74
1.20.440 p. bli "·· Dlli'ing th . v1 enee e public h .· · rele1rant to the matt . b �eaung, the council shall F . A tr e hea1·ings E,.· d . . er erag eo · d eemve oral O . ... . pres1eling offiee1· o .ns1 e1·ed whieh shall b l "ntten evidence
• . , 1 any meme . f eeome pa t f h · reqrnre the city clerl· t er o the eouneil thrnugh th r� o t e rnem·d. The
on the matter unde1.'eo:1::�::::; person gwing eYidenee ea���:1�g offiee1·, may
membe1· of the eouneil th . n, if m the opinion of th . .4:me of the hem·ing
p , · d d
, e oath. 1s e flFes1eling ffi re ,q e for in this d. necessary. Euide . o eer or any . or manee h 11 b · nee reee1ned t b . eoune1l; prnvided, howe" . s a e relevant and mate
. . • a fl_u he hearings
Code fo1· the State of c::l' .that the i·ules of evidence as ;1al to the wsues before the
foll 19resentation oHhe ;;:ma shall ee substantially rnl�ta!lished by the Evidence
the matter rnhieh . th e s essential fo1· judieio . rn m m·der to afferd a " 1s e . b · us eons d · oou""'1 le ,t,·iet,ly enfuC, '":':-' ,f""' •""'"' hem;,.. F.:;j'."".''"" by ""' "�eil ,f
inelevant m· immate . e I u es of eYidenee o1· to i·e . e�t U1 e on the part of the eity
enm·s which do t :al shall not affect the "alieli! . fmatte1·s y;meh may be
�h no a �et the . 0 . � 7 o the hea · A e eouneil may o1·de1· th ·t su1 stantial i·ights of the 19a1·t·r�ng. ,uiy prneedurnl
ICSentati•,,e to SCl'VO sub O lSSUC, and the chief f l°eS1·ega1·ded. rep . e e1 Y e eiik t . 1es s all b Eli
pi'oduetion of e· . d, ' 19oenas fo1· any ... itn ° po 1ee or ,'!4Clnee at di±l ¥1 esses 01· ree d chapter. Any person t;: any · y sehedi±led 19ublie h : 01· s neeessai·y fo1· the
. t" , o er than a b 40anng as p1·0· · d d ques wn(s) to an op . . mem e1· of the eo· il v1 e for in this
ffi pomng -rit h une rnho ,..· h o eer, who will ask the . " ness s all submit sueh u� ". .r1s es to dirnet
" he, Offie,etion restciet '1:,'W,•(sl '' ""' w4tness. ,.:!, ,:,";.:;j') '' ""' ''"''""'
tms section. nUlilber and natm·e of . . . ng officer may at his
B If a!l} quest10ns 1 d . there is a staff . . as�e purnuant to
t f rnport 1t h 11 b par o the reeo1·d of a publ. eh � a e eonside1·ed as e,.ide the staff p1·esentation A � eanng. Sueh report need " nee and shall become
m,..,,e,, "' the oo...;,;·, ">-•"' ef ,.,m, ,.,,,, m,y .:•: be reed ,u h,11 "' ,a,t ,f
e1ty eouneil and if res. n adelit10n, any of the follo·•rin p esented orally by staff
l. E,hihiis :..: aoe'.nted, shall ola, beoo-,.,.;·,,;',, m"." he preseatC<l te the
m the hearing· uments used ey the city st ff d e ieeord:
2 ' a an any p . . . Maps and elispla ·s .CI sons partwipating
practicable, the . :r presented fo1· use at the h ..
3. All eom:u::1a ee elisplayed in foll view of ::�m�-prnvided that, whene"e1·
h . ,_ -·. ,·,· ""'"'""' • •
em·mg; proYided that ·di e l wns eonee1·nina the . b _s an the auelience·
• """'* me""'"' ' "''" ng ,f '"'" mattem :a1 . �· 1"' -"" eftha
4 , I :r s all be had t h
. . , ... _ ... ,. ···-· . .
--.. "'"'"""' ,,
provided such info1· . outmde the council cha b reeeFth mation, to the extent it is rel" d m ors, such as a view of the ·t
G " "''" sh H h · " e,
. All e1<hi.bits rnpo ·t , a e eliselosed for the
e . ·1 , r s maps d h oune1 shall be reta. d
, an et e1· physical e· . d released ey the el ·11�·0· by the city cled, as publi . ,q enee 19laeed before the eH A1th the approval of the eit-/ �:eo1·ds. Sueh m,hibits may be
l a orney (G d .20.450 P· bl h _.r . mm § 2 19.,9) � 10 eanngs C · . ' ' ont1nuatwn.
39
Nov. 14, 2017 Item #3 Page 65 of 74
l',t any time that it appears to the pFesiding officer or a majorit:r of the council thrnugh the presiding office1·, that inadequate evidence has been prnsented to afford judicious considemtion of any matte1· before the council at the time of a public hea1·ing, 01· fol' other just cause, a continuation of said hea1·ing ma:r be oFdered to affoFd the applicant, his or he,· opponents, or the city staff adequate time to assemble additional evidence for the council's consideFation. l'.ny continuation 01·deFed by the council thrnugh its presiding offie01· shall be to a date certain, which said date shall be publicly ruu1ouneed in the council chamber and shall constitute notice to the public of the time and place that furthm· evidence will be taken./', public heaFing may be continued in the event the mattm· is to be rnturned to the planning commission fo1· fuFther considerntion. In this event, the presiding offiee1· shall publicly state in open council meeting the fact that the matte1· has been retm·ned to the planning commission fo1· consideration and that the council hem·ing ·.vill be continued on a date certain. The public announcements prnvided fo1· in this section shall constitute notice to the applicant and his OF hm· opponents of time and place vlhen fuFther evidence will be taken by the council. The council shall also have the option to set the mattm· to a hea,·ing de novo. E01·d. 1213 § 2, 1979)
1.20.460 Publie hearings Closing. 'Nhen neithCJ· the a-pplieant , his m· hCJ· opponents, nor the city staff have fUI·thm· evidence to prnduee, or when the opinion of the p1·esiding officer 01· the majority of the council through the presiding office1· sufficient evidence has been presented, the presiding officer shall order the public hearing closed, at ·.vhieh time no fmthCJ' evidence, eithe1· oml or written, will be accepted by the council; prnvided, howe>reF, that this rule may be rnlaxed by the presiding officer Ol' the majoFity of the council through the prnsiding officer where it appearn that good cause ei.ists to hear ful·ther evidence conce1·ning the mattm· which is the subject of the public hem·ing. (Ord. 1213 § 2, 1979)
1.20.470 Publie hearings Reopening. l', public hem·ing on any matte1· once closed cannot be reopened on the date set fol' hem·ing unless the presiding office,· determines that all persons who vrnre present when the hem·ing closed m·e still pmsent. Nothing in this section, however, is intended to p1·e0ve1rt o,· prnhibit the reopening of a public hem·ing at any subsequent ,·egulm· or special meeting of the council. No public heaFing may be reopened without due and prope,· notice being given to the applicant and his 01· her opponents designating the time and place of said ,·eopening. (OFd. 1218 § 2, 1979) 1.20.480 Publie heai·ings Deeision. l',. The city council shall eonside,· all evidence prnperly beforn them in aee01·danee with this ehapte,·. The eouneil shall then indicate its intended decision and instruct the city attffi·ney to return with the documents necessary to effect that decision, including findings as may be apprnpriate to the matteF. Upon 1·etmn of sueh documents, the council shall determine if the findings arn suppm·ted by the evidence befo1·e it at the hearing, and if the decision is supported by the findings,
40
Nov. 14, 2017 Item #3 Page 66 of 74
and afte1· making any changes Fende1· its decision by taking action on the documents. The city council's decision is not final until adoption of the documents. B. f. couneil membe1· who was absent from all m· a paFt of a public heru·ing shall not paFtieipate in a decision on the matte1· unless the council membe1· has eJrnmined all the evidence, including listening to a 1·eeo1·di.ng of the ornl testimony OF FCYiewing a videotape OF other electronic medium of the prnceedi.ngs and ean 1·epresent that he m· she has a full underntandi.ng of the matte1·. (Ord. NS 709 § 2, 2004; Ord. 1218 § 2, -W7-9t
1.20.230400 ll\1otion_"-----------------------------------Commented [Clsb37]: Proposed sections 1.20.230 A:--A motion is the formal statement of a proposal or question to the council for and 1.20.240 establish the procedural rules d d E governing the making, amendment, and adoption of consi eration an action. very council member has the right to present a motion. A motions. motion may be made at any time during considerat10n of a matter on the agenda; �---,--,---�----------� however, the presiding officer may defer recognizing a motion until after presentation of a report of staff, public comment and questions by members. It is not necessary for a motion to be pending in order for deliberation of a matter on the agenda.f. motion is genei-ally not to be eonsidernd as a legislative action of the council, but is in the natm·e of dirnetion m· instFuetion; howeveF, a motion will genei-ally suffiee unless a rnsolution is speeifieally called foi-by lavl 01· unless theFe is some i-eason fo1· desrring the paFtieulaF action fo1·malized by separnte instI·ument. R If a motion contains tvm 01· more divisible prnpositions, the presiding offieer may di.Yi.de the same. G-c--If a motion is properly made, the presiding officer will shall-call for a second. No fu rther action is required on a motion thatwhi.4 does not receive a second._ If a motion contains two or more divisible propositions, the presiding officer may divide it and call for a separate vote on each proposition. D. When a motion is made and seeonded, it shall be rnstated by the maym· befoFe a vote. E,.--A motion once made and seconded before the eouneil may not be withdrawn by the maker without the consent of the second. ±h- The presiding officer may. and upon request of any member of the council will. When a motion is made and seeonded, it shall be restated a motion by the mayo1· before a vote, provided. however, that the presiding officer may request the restatement be made by the city clerk or citv attorney. (01·d. 1213 § 2, 1979)
1.20.240™ Rules relating to motionsPFeeedenee of motions. A. When a main motion is pendingbefo1·e the eouneil, no other motion mayshall be entertained except the following which shall have precedence, one over the other, in the following order: 1. Adjourn; 2. Recess; 3. �Defer; 4. Prnvious questionCall the question;
41
Nov. 14, 2017 Item #3 Page 67 of 74
5. Limit or extend debate; 6. Refer to commission, committee, or staff; 7. Substitute; 18 . Amend; §.-9. ContinuePostpone; 1!.W. Main motion. B. The 01·deF of prnferenee in subsection A of this section is subjeet to the following 1·estFietions:
IL__+.---A motion may not shall not be in m·dm· whieh repeats a motion made previously at the same meeting unless there has been some intervening council action or discussion. 2. ,\A motion may not be made shall not be in 01·dm· if a motion to call the
question is pending. and if the question has been called, until after the vote on the question. when the previoas question has been 01·dered.
g.,__A motion may not be made shall not be in 01·de1· while a vote is being taken. 4.--A motion may not be made shall not be in oFdeF when made as an to
interruptfefi of a council member while speaking. A motion regarding a point of order or to direct the presiding officer to enforce a provision of this chapter may be made at any time. (OFd. 12Hl § 2, 1979)
1.20.510 Pai·tieular motions, pmpose and eriteFia.
_C_. __ The purpose and salient criteria of the motions listed in this subdivision A areSeetion 1.20.500 is as follows: lA Motion to adjourn: +.---Purpose. To terminate a meeting. �Debatable or Amendable. No, except a motion to adjourn to another date. time, or place is debatable and amendable as to the date, time, and place to which the meeting is to be adjourned. &_g. Motion to recess:
+.---Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
� Debatable or Amendable. Yes, but restricted as to time or duration of recess.
JG. Motion to defertahle: +.---Purpose. To set aside, on a temporary basis, a pending main motion;
provided that, it may be taken up again for consideration during the current meeting or at the next regular meeting. A motion to defer is
also known as a motion to table. � Debatable or Amendable. It is debatable but not amendable.
:!:I}. Motion to call the questionfo.F previous question: -h Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately.
42
Nov. 14, 2017 Item #3 Page 68 of 74
If the motion passes, a vote shall be taken on the pending motion or motions . .g-, Debatable or Amendable. No.
i!E. Motion to limit or extend debate: -h 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 .
.g-, Debatable or Amendable. Debate and Not debatable; amendments are restricted to pe1·iod of time duration of the proposed limit or extension .
.§.¥. Motion to refer to commission, committee or staff: -h Purpose. To refer the question before the council to a commission,
committee, or to the city staff for the purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails, discussion or vote on the question resumes . .g-, Debatable or Amendable. Yes. G. 8ubstitute motion: 1. Purpose. To sh·ike out the one main motion and insert anothef 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 ,A,mendable . 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. Afte1· amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion.
1H. Motion to Agmend: -h Purpose. To modify or change a motion that is being considered. An
amendment may be in any of the following.forms: to "add" or "insert" certain words or phrases: to "strike out certain words or phrases and to
add others": to "replace" certain words, phrases or actions on the same subject matter as the one pending: to "divide the question" into two or
more questions to allow for a separate vote on particular points. A motion to amend shall relate to the subject of the main motion. A motion to amend, including a motion to substitute an entire motion for the one pending, shall not be used to change the nature of the main motion, for example a motion to replace the word "approve" with the word "disapprove" is prohibited where the nature of the main motion is changed. If a motion to amend passes, then the main motion should be
voted on as amended. To modify 01· change a motion that is being considered by the council so that it will mEpress more satisfactorily the
·.vill of the membern. If the motion passes, then the main motion should be voted on as amended .
.g-, Debatable or Amendable. It is debatable if the main motion to which it applies is debatable. It is amendable, but a motion to amend an
43
Nov. 14, 2017 Item #3 Page 69 of 74
amendment is not further amendable.It is debatable unless applied to
an undebatable main motion. It is amendable.
�-Motion to continue postpone:
± Purpose. To prevent further discussion and voting on the main motion
until a future date or event. If the motion fails, discussion and voting
on the main motion resumes. If it passes, the subject of the main
motion shall not be brought up again until the specified date or event .
.g., Debatable or Amendable. It is debatable and but not amendable,
however amendments are limited to the date or event. 1tJ. ±
.g.,
1.20.250
Main motion:
Purpose. The primary proposal or question before the council for
discussion and decision.
Debatable or Amendable. Yes. (O.rd. 1218 § 2, 1979)
Council ction.
City council action will be taken bv motions approved by vote of council members.
Action required by law to be taken by resolution or ordinance may be taken upon
approval by the required number of affu:mative votes of a motion to approve or
adopt the resolution or ordinance. Action not requiring adoption of a resolution or
ordinance, including providing direction or authorization to a city officer or
employee, may be taken by motion recorded in the minutes of the meeting.
Commented [Clsb38]: This section replaces former section 1. 20. 530 and clarifies how actions of the city council will be taken and recorded.
1.20.260 �esolution_i:...· ----------------------------Commented [Clsb39]: This section updates the
In most cases, a rnsolution is little morn than a fo1·mal motion set forth in a fo1·mal provisions relating to resolutions and limits them to procedural issues. The proposed new section doeum.ent. In some mattc1·s, such as an assessment proceeding, gene1·al plan consolidates the provisions of former sections amendment or the gi·ant or denial of variances, a rnsolution is required. A '-1._2_0._5�2o_an_d_1._2�0._54_o_. ________ � _ _, rnsolution should be rnquired under any circumstances where it w dera:rnble that
the action be formally recorded in the office of the city clerk as a numbered
document ,.vhieh can be used for futurn reference. Legislative actions as set forth in
Section 1.20.530 should be by ordinance 01· resolution. l'.. majority of the quornm
shall be competent to adopt any rnsolution. (01·d. CS 001 § 1, 2008; Ord. 1213 § 2,
-I-9-19tWhenever feasible, resolutions implementing a staff recommendation will be
included in the agenda packet. Resolutions will be prepared or approved by the city
attorney before submission to the city council. It is not necessary to read the
resolution by title or in full; provided it is identified by the presiding officer. ljpen
rnqucst of any member of the council, the resolutien shall be mad by title 01.· in full.
:g,..__Where a particular resolution has not been prepared in advance, a motion
may -te-direct the city attorney to prepare the document and return it to the councit
is in m·der.
� _ Whenre necessary, a resolution may be presented verbally in motion form
together with instructions for written preparation. Upon execution of such a
resolution, it shall become an official action of the council.
44
Nov. 14, 2017 Item #3 Page 70 of 74
1.20.530 Legislative aetion. i\ll legislative aetion undertaken by the eity eouneil shall be by means of an m·dinance or resolution. Legislation of a permanent natul'e whieh is to remain in fm·ce until amenEl.ed or rnpealed, which establishes 1·ights anEl. obligations anEl. the failID·e to comply with whieh may moult in a penalty, shall be by orilinanee. (Ora.. 1213 § 2, 1979) 1.20.270400 Preparation of �Qrdinance_,·:..._ _______________ .--All ordinances shall-will be prepared or approved by the city attorney before submission to the city council. The city attorney will not prepare an ordinance Ne
oFEl.inanee shall be prnpareEl. foi, p1·esentation to the eouneil unless directed by the city councilrequesteEl. by a eouneil member, the mayor,_m: city manager, or prepru·ed
by the eity attorney on the city attorney's his or hm· own initiative. (01·El.. 1213 § 2, -W+9t
1.20. HO Reading of ordinances and resolutions.
Ordinances will be adopted according to the procedure established by statute. The title of an ordinance will be read before introduction and again before adoption. However, the text of an ordinance will not be read at the time of introduction or at the time of adoption l'.1.t the time of introduetion or adoption of an orilinance m· aEl.option of a resolution, the same shall not be read in full unless after the reading of the title, full_rtller reading of the text is directed by the city council. is rnquested by a member of the couneil. If any council member so rnquests, the 01·El.inance m· rnsolution shall be 1·eaEl. in full. In the absence of sueh a rnquest, this section shall eonstitute a waiver by the eouneil of sueh reading. (Ora.. 1213 § 2, 1979)
1.20 .5 40 Resolutions ,A ... doption. l'.... Jp[he;·e a particular resolution has been prepared and is before the council, it shall be adopted by motion, second, El.iscussion anEl. vote. It is not neeessary to mad
the rnsolution by title or in full; provided it is identifieEl. by the pmsiding offie01·. Upon request of any member of the couneil, the resolution shall be reaEl. by title 01· in full., B. \¥1Iere a pru·tieular 1·esolution has not been prepared, a motion to dirnet the
eity attm·ney to prepaFe the El.oeument and retUl'n it to the council is in m·El.m·. C. \3lhe,·e necessru-y, a resolution may be presented ve1·bally in motion fonn togethe1· with instruetions for '\Tffitten preparation. Upon eirneution of sueh a 1·esalution, it shall become an official action of the eouneil. (Ora.. 1213 § 2, 1979)
1.20.550 Ordinanees ,A.1.doptioa.
,'\n orilinance shall be introEl.uceEl. by motion after a mailing of the title. If passeEl., it shall be I'et1cIFned foi:· fUI'ther eouneil aetion at least five days thereafter. ,\doption shall be by motion after rea iling by title. Unless a council memb01· requests reading
45
Commented [Clsb40]: Provisions relating to the preparation and. adoption of ordinances have been consolidated in ne section 1.20.270
Nov. 14, 2017 Item #3 Page 71 of 74
in full, the eouneil shall be deemed to have voted, by majm·ity vote, to wai·re sueh 1·eading. (01·d. NS 275 § 1, 1994; Oi·d. 1213 § 2, 1979)
1.20.280aW Correction of[document�."--. __________________ __,.-_____ Commented [Clsb41]: This section updates the The city clerk, with the consent of the city attorney, is authorized to cor.rect any provision relating to the authorization of the clerk to correct typographical or other technical errors in Upon occasion, ordinances or other documents are submitted in ch'aft form, 01· on documents. the spot amendn'lents oeem·, 01· typographical or other technical or clerical errors m �-----�-----------'
any document approved by the city council. Upon correction, the corrected document may be executed in the manner required of the original and are found
which neeessitate retyping of the doeument; sueh redraft, when properly executed, will replace shall become the original document, to be effective as of the date of the original document, and to be retained in the files of the city clerk. (Ord. 1213 § 2,
�
1.20.aSO Couneil poliey manual. The city managm· shall maintain a council policy manual to contain such written
policies as the eouneil may adopt. The pUFpose of eouneil polieies m·e to indieate how the couneil intends to rule in the future on partieular matters of a reeuning nature ·.vhieh are subjeet to their dise.·etion. Polieies shall be numbered and dated and shall remain in effeet until reseinded. (Ord. 1213 § 2, 1979)
1.20.290&90 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 otherwise held in conformity with law. :g,..__A failure on the part of any person to register a timely objection to the procedUFes of this chapte, at the public hearing or othm· prnceedings shall constitute a waiver of all sueh objections. an alleged procedural violation constitutes a waiver of all such objections. An objection shall be deemed timely only if it is made during the meeting. proceeding or public hearing to which the alleged violation relates. Nothing in this section shall preclude the presiding officer or city council from taking any action to cure a violation or alleged violation of the provisions of this chapter or other applicable law governing the conduct of city council meetings.
Nothing in this section precludes the city council from correcting a violation or alleged violation of the Brown Act according to the provisions of that act.(03,·d. 12 41
§ 1, 1981; Ord. 1213 § 2, 1979)
46
Commented [Clsb42]: Reference to Robert's Rules is deleted. The provisions of the revised chapter are sufficient to govern all procedural matters relating to the conduct of meetings. This type of provision adds confusion. It is also generally acknowledges that Robert's Rules do not apply particularly well to the proceedings of local legislative bodies such as city councils.
Nov. 14, 2017 Item #3 Page 72 of 74
1.20.300 Limitation on liability. The procedural provisions of this chapter are directory in nature and shall not be
deemed to create a mandatory duty, the breach of which could result in liability to the city or to any city officer or employee pursuant to state statute or other law.
l.20.310GOO Appeals procedure. Where no specific appeals procedure is established by this code ffiHSt-6 for any decision of a city commission, committee, or official� whlffithat 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 city manager will place the matter on an agenda for council consideration in the manner provided in section 1.20.060 and provide notice to the aggrieved person of the date. time, and place of the meeting at which the matter will be considered. The aggrieved person will be permitted five minutes to make a presentation to the city council, but otherwise, the procedures applicable to items not scheduled for public hearing will apply. The
decision of the city council shall be regarding the matter is final._ (Ord. NS 176 § 1, -1-00B
Onlinanees will take effeet 30 days aftcr thei±' final passage. l\n oHlinanee rnay take effeet immediately upon passage if it is an Ol'dinanee: l',. Relating to an eleetion. B. Relating to street improvement prnceedings . C. Relating to taxes for the usual and eU1Tent eiEpenses of the City of Carlsbad.
D. Covm·ed by a pa1'tieular prnvision of law or ehai·ter presel':'ibing the manne1· of its passage and adoption. E. In any other instanee, if a majo1·ity of the city eouneil determines that there is an Ul'gent need to adopt an 01·dinanee whieh is effective immediately and a delay in the effective date ·.vould eonstitute an unneeessary eicpenditU1·e 01· loss of eity funds 01· othen•rise advernely affect the public health, safety or general welfare then the 01·dinanee will take effect immediately upon its final passage. (Ord. CS 009 § 1,
� 1.20.320 Corres ondence addressed to the cit ounci . The city manager is authorized to open and examine all written communications
addressed to the city council. except correspondence addressed to an individual city council member. An individual council member may authorize the city manager to open and examine correspondence address to that council member. The city manager is authorized to take appropriate administrative action to address constituent concerns consistent with existing city policy. Matters requiring city council action may be placed on the agenda by the city manager in the manner provided in this chapter. On a weekly basis, the manager will provide the mayor
47
Commented [Clsb43]: This section is deleted because it duplicates state law.
Commented [Clsb44): This provision consolidates and updates the rules of contained in former section 1.20.080. Former section 1.20.070 has been deleted because it is not consistent with the Public Records Act.
Nov. 14, 2017 Item #3 Page 73 of 74
and council members with correspondence received and a report of any .administrative action taken. Correspondence relating to an item on the agenda for a council meeting will be provided to the city clerk for inclusion in the agenda packet. The city manager's office and city clerk's office will coordinate on mail received by the city clerk's office to effectively accomplish the purposes of this section. Correspondence relating to an item on the agenda of a meeting and received by the city clerk or city manager before 5:00 p.m. on Wednesday of the week before the day of a council meeting will be included in the agenda packet for the meeting.
48
Nov. 14, 2017 Item #3 Page 74 of 74
Sheila Cobian
From:
Sent:
To:
Brian Conrey
Saturday, November 11, 2017 10:31 AM
City Clerk
Subject: Feedback on Chapter 1.20
All Receive -Agenda Item # 3
For the Information of the:
CITY COUNCIL
ACM ...L CA _L CC _L..
Ms. Engleson, Date� City Manager v
City Staff have done a great job in updating 1.20, modernizing the intent, and extending it to also cover other types of meetings.
The process of incorporating other types of meetings has created additional ambiguity and gaps, which you'll note in
some of my observations below. To be clear, I agree with the intent but as currently written many of the Council
practices are applied/expected at the other meetings, including participation by the Mayor, City Attorney, and so forth.
My review was not comprehensive, but I share the following constructive observations:
1.20.010-With a heading of "policies applicable to all meetings" you risk bringing every municipal meeting
within the scope of this document. While I concur this should apply to more than just Council meetings, the
current alternative is too broad. Applying this protocol to ever meeting would introduce overhead without
adding value.
1.20.010.A-you may want to consider defining "other legislative bodies" with particular emphasis on what they
are not, so the broad interpretation does not assume that most/all city decision-making is subject to 1.20
1.20.010.B -'council members' is referenced but the document is.intended to apply to all meetings. You may
want to select a more general identifier of the m�eting members versus participants/observers, and review the
entire document to confirm all occurrences of 'council members' are reviewed and addressed as needed
1.20.120.C.6 -how might this apply to law enforcement who are from other agencies and not city personnel?
1.20.070.A-you may want to replace the Wednesday 5:00pm deadline with a dynamic deadline (eg "6 days
prior to the regular meeting") similar to the redline in 1.20.060.C In the future if the regular meetings are moved
to another day, you'll only have to update that date and not all the related deadlines.
1.20.070.C/D-same comment as immediately above
1.20.090.C-Require more than 24 hours' notice for a recording preservation request, particularly in the case of
a preceding holiday where the city offices are closed
1.20.100.A -update the first fine to be "The presiding officer of the city council..." -as written, this presiding
officer is the same for all legislative and advisory meetings as well
1.20.110-similar to my earlier comments, this needs clarification as to whether it applies only to council or to
all meetings, and if all meetings, participants/roles need to be generalized
1.20.320-does this apply to electronic communications, including email and voice mail?
Please let me know if you have questions or need clarification on any of my comments. Thanks for your role in helping
keep our City and Council running so smoothly!
Best,
Brian Conrey
1
·From:
To: Cc: Subject:
Date:
Dear all,
Dan Hentschke Sheila Cobian Flora Waite: Celia BrewP.r
Re: FW: feedback on Chapter 1.20
Monday, November 13, 2017 2:19:12 PM
All Receive • Agenda Item # 1
For the Information of the: CITY COUNCIL ACM ./ CA v'CC v Date 1'f 1,1,, City Manager 7·
Please see my responses to the comments. I have put my comments in boldface type simply to distinguish the response from the comment. Please let me lmow if you have any questions or need me to comment further.
Dan
1.20.010 -With a heading of "policies applicable to all meetings" you risk bringing every municipal meeting within the scope of this document. While I concur this should apply to more than just Council meetings, the current alternative is too broad. Applying this protocol
to ever meeting would introduce overhead without adding value.-The commenter appears to misread section 1.20.010 as applying then entire chapter 1.20 to meetings of all city
agencies. Section 1.20.010 does establish policies applicable to all city meetings (e.g.
general rules of decorum, compliance with the Brown Act), but it is the only section in cl1apter 1.20 that applies to the other bodies. This section is needed to assure that the
general policies relating to pubJic participation app]y to all meetings of all the city
bodies. Staff did not include a section mandating that the entire chapter 1.20 apply to
all city boards and commissions. Those agencies are permitted to adopt operating rules
should they choose to do so long as they are consistent with the policies in section
1.20.010, the Brown Act, and due process.
1.20.010 .A -you may want to consider defining "other legislative bodies:' with particular emphasis on what they are not, so the broad interpretation does not assume that most/all city decision-making is subject to 1.20. Again, the commenter appears to misread the scope of
section 1.20. 010. The definition of "legislative body" is set by the Brown Act.
1.20.010.B-'council members' is referenced but the document is intended to apply to all
meetings. You may want to select a more general identifier of the meeting members versus
participants/observers, and review the entire document to confum all occurrences of 'council members' are reviewed and addressed as needed. Section 1.20.010 B includes "coun�il
members" to ma.ke it clear the members of the city's highest governing body, as well as
all city officials, employees and others are subject to the same general rules set forth in
section 1.20.010 Members of other legislative bodies (e.g. planning commissioners,
parks and rec. commissioners, etc.) are included within the broad scope of "city
officers." However, if this is not clear, then the solution is to add "inembers of city
boards,'·commissions, and other legislative bodies.
1.20.120.C.6-how might this apply to law enforcement who are from other agencies and not city personnel? I believe the commenter means section 1.20.010 C.6. If the person is
attending in an official law enforcement capacity, possession of the weapon would be
permitted. However, merely because a person is a faw enforcement officer wou]d uot
exempt the person from the rule when attending the meeting in a private capacity.
1.20.070.A-you may want to replace the Wednesday 5:00pm deadline with a dynamic deadline ( eg "6 days prior to the regular meeting'') similar to the redline in 1.20.060.C In the future if the regular meetings are moved to another day, you'll only have to update that date and not all the related deadlines. 1.20.070.C/D-same comment as immediately above This is an issue for staff: The commenter has a reasonable point, but often it is difficult for members of the public to
figure out deadlines when they are written in the manner the commenter suggests. Having a fixed day is easy to understand.
1.20.090.C-Require more than 24 houi-s' notice for a recording preservation request, particularly in the case of a preceding holiday where the city offices are closed This provision does not change existing city practice.
1.20.100.A-update the first line to be "The presiding officer of the city council..." -as written, this presiding officer is the same for all legislative and advisory meetings as well. The commenter misconstrues the effect of section 1.20.010 as applying the entirety of
chapter 1.20 to other city board and commissions.
1.20.110 -similar to my earlier comments, this needs clarification as to whether it applies only to council or to all meetings, and if all meetings, participants/roles need to be generalized As stated previously, the only provision of chapter 1.20 that applies to· meeting other than city council meetings is section 1.20.010.
1.20.320 -does this apply to electronic communications, including email and voice mail? This section restates existing city practice. As written, it would apply to emails, which are written communications. It would not apply to voice mail.
Daniel S. Hentschke Attomey" and Counselor at Law Public Agencies I Local Governrilents
Confidential. Privileged. Do not distribute or fornrard without permission.