HomeMy WebLinkAbout2018-01-09; City Council; ; Introduce an Ordinance Repealing Carlsbad Municipal Code Chapter 1.20 City Council Procedure and Replacing it with Chapter 1.20- Meetings1.20.140 (B}: This section was changed to allow the public to submit speaker slips for non-
agenda items up until the time that the public comment portion of the agenda is called.
1.20.180: This section has been modified to require council member disclosure of any ex parte
contacts prior to public comment and before a decision is rendered to ensure fair and due
process.
1.20.290: The third and fou rth sentences of this section were struck because they are
inconsistent with the acknowledgment in the prior sentences that an objection to procedural
rules alone does not provide a basis for challenging a decision under the law.
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
Following introduction of the Ordinance, the City Clerk will prepare the Ordinance for' adoption
at the next Regular Council Meeting. Once adopted, the City Clerk w ill publish the Ordinance or
a Summary of the Ordinance in a newspaper of general circulation within 15 days. The
ordinance will be effective 30 days following the adoption. Staff will continue to bring forward
proposed changes to the Carlsbad Municipal Code upon recommendation of the subcommittee.
Environmental Evaluation (CEQA}
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Carlsbad Municipal Code Chapter 1.20-Redline of changes subsequent to the November
14, 2017 meeting
2. DRAFT Meeting Minutes from the November 14, 2017 City Council Meeting
3. Ordinance amending Carlsbad Municipal Code Chapter 1.20 Meetings
January 9, 2018 Item #7 Page 2 of 51
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.
January 9, 2018 Item #7 Page 3 of 51
9, commencing with sec. 54950, referred to in this Code as the "Brown Act"]
and this chaptersection. 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 office1·s 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
dis1·upt 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 1·equested 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 gToups 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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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.
Meetings 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 m ember 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 authmized 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 m eeting,
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 requiTements 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
a uthorized 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 bylaw;
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 a genda 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 prepa1·ed 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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January 9, 2018 Item #7 Page 8 of 51
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, a nd 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 d epartment 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, ox 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 calendai· 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 pm-pose. 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 a s 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 01·der 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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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 aggriw;ed by a quasi adjudicatory
J. decision of the council may requestthe rescission, repeal, cancellation, nullification or
amendment of the decision by filing a written request for such action with the cit y clerk. The request
must state the grounds upon which the request is made and be accompanied by a processing fee 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, membe1·s 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 01·dm:· public comment is called. 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. Memb~rs 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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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 membe1·; 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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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 heai·ing.
I. A public hearing may be continued to a date certain any time before the
closing of the hea1·ing 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, t he presiding officer must publicly announce that the matter has
been returned to the planning commission for consideration and inay 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 t he date, time,
and place for continuance of the matter following return to t he planning
commission, the hea1·ing will be noticed in the same manner as for the initialpublic
hearing.
1.20.1 70 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
p1·esented 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 judicial
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 rnpresents that he or
she has a full understanding of the matter.
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1.20.1801.20.180 Application to administrative hearings.
A. The procedures for conduct of public hearings will apply to any quasi-
adjudicative judicial administrative hearing conducted by the city council
except as provided in section 1.20.190.
B. During the public hearing for a quasi-judicial matter, council members must
disclose information received from individuals or groups. site visits, or
investigations if the information is not otherwise included in the information
presented to the council in the agenda packet or presentations by the staff or
applicant. The disclosure may be made orally before the time for receipt of
public comment.
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.
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 p1·esentations 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
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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 pa1·ticipants 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, 1·eading 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 adjudieativeiudicial 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 1·etain photographic, video, or digital
records of p1·oceedings 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 necessai·y for the
production of evidence at any duly scheduled public hearing or quasi-adjudicative
judicial 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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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 11add" 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 11divide 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.
21
January 9, 2018 Item #7 Page 23 of 51
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. \\There
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. \\Then
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.},. failure on the part of any person to register a timely
objection to an alleged procedm·al violation constitutes a vmivcr of all such
22
January 9, 2018 Item #7 Page 24 of 51
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 gove1·ning 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 t his 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 app.eal 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 ma tter 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. Ma tters 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
23
January 9, 2018 Item #7 Page 25 of 51
November 14, 2017 Carlsbad City Council Regular Meeting Page 2
City Attorney Celia Brewer titled the Ordinance.
ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher,
to introduce and adopt Ordinance No. CS-327. Motion carried unanimously, 5/0.
PUBLIC COMMENT:
Glenn Bernard spoke in favor of working to create more jobs in America to address the homeless
issue.
PUBLIC HEARING: None.
DEPARTMENTAL AND CITY MANAGER REPORT:
3. REVIEW AND DISCUSSION OF CARLSBAD MUNICIPAL CODE CHAPTER 1.20 -MEETINGS -
Review, discuss and by minute motion approve or amend section by section the proposed
changes to the draft Carlsbad Municipal Code Chapter 1.20. (Staff contact: Celia Brewer, City
Attorney)
City Manager's Recommendation: Review, discuss and provide direction to staff for the
preparation of an Ordinance for Introduction at a future meeting reflecting Council's
consensus of changes to the proposed draft Ordinance.
City Attorney Celia Brewer provided an overview of the report and suggested that Council
review each section of Chapter 1.20 and determine if it has been written to their satisfaction.
If a member of the Council wishes to make a change, they shall do so by making a minute
motion and then voting on the suggested change. In closing she stated that staff will
incorporate Council's direction into an Ordinance for introduction at a future meeting.
Council reviewed the Sections and made the following determinations:
Section 1.20.010 -Policies applicable to all meetings.
Council Member C. Schumacher suggested that Section C.3 be removed from the Ordinance
and the word "intimidating" be moved up to Section C.2.
Council Member Packard spoke in support of the language as proposed by staff.
ACTION: Minute Motion by Council Member Packard, seconded by Council Member M.
Schumacher, to leave the language as recommended by staff. Motion carried, 4/1 (C.
Schumacher -No).
Section 1.20.060 Council agenda.
Council Member C. Schumacher made a minute motion to remove the Invocation from the
order of business. Motion failed due to lack of a second.
Council Member Packard spoke in support of the Invocation remaining as part of the agenda.
January 9, 2018 Item #7 Page 28 of 51
November 14, 2017 Carlsbad City Council Regular Meeting Page 3
ACTION: Minute Motion by Council Member Packard, seconded by Mayor Hall, to leave the
invocation in the Ordinance as written by staff. Motion carried, 4/1 (C. Schumacher-No).
Section 1.20.140 A. Public participation.
Council Member C. Schumacher made a minute motion, seconded by Mayor Pro Tern
Blackburn to change the language of the last sentence to read "The presiding officer, with
the unanimous majority consent of the council, may allow a person who has not filed such a
request to address the council." Motion failed due to lack of majority support, 2/3 (Hall,
Packard and M. Schumacher -No)
Section 1.20.140 B. Public participation.
Council Member C. Schumacher suggested that the fourth sentence ofthe paragraph be
modified as follows "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
GfG€-f before public comment is called."
ACTION: Minute Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern
Blackburn, to modify the language of Section 1.20.140 Bas suggested by Council Member C.
Schumacher. Motion carried unanimously, 5/0.
1.20.140 D. Public participation.
Council Member C. Schumacher made a motion to change the language in this section to
allow one speaker to yield time to one other speaker;
Mayor Pro Tern Blackburn stated that he would be in support of that suggestion provided it
was at the discretion of the Mayor or Chair of the meeting.
Council Members Packard and M. Schumacher spoke in support of staff's recommendation
prohibiting a speaker from yielding time to another speaker.
Council Member C. Schumacher's motion failed due to lack of a second.
1.20.170 A. Decision following a public hearing.
Council Member C. Schumacher suggested that the word "quasi-adjudicative" be changed
to "quasi-judicial" in the third sentence and throughout the next three sections.
ACTION: Minute Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern K.
Blackburn, to modify the language as suggested by Council Member C. Schumacher. Motion
carried unanimously, 5/0.
1.20.290 Failure to observe procedures -waiver.
Council Member C. Schumacher requested clarification on how a member of the public or
an applicant might issue a timely objection to a procedural violation.
January 9, 2018 Item #7 Page 29 of 51
ORDINANCE NO. CS-329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING CHAPTER 1.20-CITY COUNCIL PROCEDURE OF THE
CARLSBAD MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER
1.20 -MEETINGS
Exhibit 3
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad, California determined that
the Carlsbad Municipal Code requires revisions and amendments and that a comprehensive update to
the Municipal Code is necessary to improve clarity and consistency as well
as to reflect current legal and professional best practices; and
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad adopted Resolution 2017-
095 authorizing the Carlsbad Municipal Code update; and
WHEREAS, as part of the Carlsbad Municipal Code update, the City Council of the City of
Carlsbad expressed a desire to review in detail the rules and procedures related to the conduct of
meetings which are contained in Chapter 1.20 of the Carlsbad Municipal Code; and
WHEREAS, on August 29, 2017, the City Council held a facilitated workshop and discussed the
rules governing its meetings; and
WHEREAS, on November 14, 2017 the City Council reviewed and discussed proposed changes
to Chapter 1.20 and approved or amended those changes via minute order; and
WHEREAS, the City Attorney also recommends additional changes for clarification and
consistency to sections 1.20.010 and 1.20.130; and
WHEREAS, the City Council wishes to repeal Chapter 1.20 in its entirety and replace it with a
new Chapter 1.20 which is consistent with State law and better reflects the current practices of the City
Council.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
SECTION 1: The above recitations are true and correct.
SECTION 2: That existing Chapter 1.20 of the Carlsbad Municipal Code is repealed in its
entirety.
SECTION 3: That new Chapter 1.20 of the Carlsbad Municipal Code is amended to read as
follows:
January 9, 2018 Item #7 Page 31 of 51
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 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
January 9, 2018 Item #7 Page 33 of 51
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 electronicformat.
E. The agenda for regular meetings will be based on the following order of business:
1. Call to order;
2. Announcement of concurrent meetings;
3. Roi I call;
4. Pledge of allegiance;
5. lnvocation;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
January 9, 2018 Item #7 Page 36 of 51
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.
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 city1s 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 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 1 [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
January 9, 2018 Item #7 Page 37 of 51
records.
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. Jf
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 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
January 9, 2018 Item #7 Page 38 of 51
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 ofthe 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. lfthe 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 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.
January 9, 2018 Item #7 Page 39 of 51
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 member raising a point of personal
privilege may interrupt another council member who has the floor only ifthe 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).
January 9, 2018 Item #7 Page 40 of 51
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 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 ofthe 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
January 9, 2018 Item #7 Page 42 of 51
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 similarnature.
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 th is 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 ofthe 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:
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-judicial 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
January 9, 2018 Item #7 Page 45 of 51
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-judicial 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. 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 th is section, comm its 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.
January 9, 2018 Item #7 Page 46 of 51
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;
7. Amend;
8. Continue;
9. Main motion.
B. A motion may not repeat 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 fo enforce a provision of this chapter may be made at anytime.
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
January 9, 2018 Item #7 Page 47 of 51
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:
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 a mend men ts 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.
January 9, 2018 Item #7 Page 48 of 51
9.
1.20.250
Main motion:
Purpose. The primary proposal or question before the council for discussion
and decision.
Debatable or Amendable. Yes.
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 prep a ration. 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 t ext 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. 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
January 9, 2018 Item #7 Page 49 of 51
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 resu It 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 week before the day of a council meeting will be included in the agenda packet
for the meeting.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text ofthe ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
January 9, 2018 Item #7 Page 50 of 51
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ , 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MA TI HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
January 9, 2018 Item #7 Page 51 of 51