HomeMy WebLinkAbout2021-04-06; City Council; ; Approve Proposed Amended Agenda Statement Regarding Public CommentCA Review CKM
Meeting Date: April 6, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Celia Brewer, City Attorney
attorney@carlsbadca.gov, 760-434-2891
Subject: Approve Proposed Amended Agenda Statement Regarding Public Comment
District: All
Recommended Action
Approve proposed amended agenda statement regarding public comment, which will be added to
future agendas and read by the mayor prior to the public comment portion of future City Council
meetings.
Executive Summary
During the City Council's three goal-setting workshops, several comments were made regarding a desire
to improve civility and decorum in council meetings, starting on the dais. While there is expected to be
ample discussion on decorum during the council workshop to develop a written ethics document, that
workshop is not scheduled until May 6, 2021.
Discussion
Should the City Council desire to express an immediate commitment to improving the tone and tenor of
civic dialog prior to the workshop on May 6, 2021, the City Council may consider including different
language on the agenda and as a mayoral statement to be read prior to public comment at future
council meetings.
The current agenda statement for public comment reads as follows:
"In conformance with the Brown Act and California Executive Order No. N-29-20, a total of 15
minutes is provided so members of the public participate in the meeting by submitting
comments as provided on the front page of this agenda. The City Council will receive comments
as requested up to a total of 15 minutes. All other comments will trail until the end of the
meeting. In conformance with the Brown Act, no Council action can occur on these items.”
Below is a suggested amended statement, subject to further City Council revision:
"The Brown Act allows any member of the public to comment on items not on the agenda. The
City Council may briefly respond to the item or refer it to staff. Please treat others with
courtesy, civility, and respect. In conformance with the Brown Act and California Executive
Order No. N-29-20, a total of 15 minutes is provided so members of the public may participate
in the meeting by submitting comments as provided on the front page of this agenda. The City
Council will receive comments as requested up to a total of 15 minutes in the beginning of the
meeting. All other comments will be heard at trail until the end of the meeting. In conformance
with the Brown Act, no Council action can occur on these items."
April 6, 2021 Item #9 Page 1 of 3
The proposed amended statement does not infringe on or impair free speech rights. Members of the
public continue to enjoy full First Amendment rights in expressing themselves to the City Council. It is
intended to set an expectation for increased civility and respect for all participants in our civic life. It is
also consistent with Carlsbad Municipal Code Section 1.20.010(C), which reads:
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.
The proposed amended statement is intended for use on the written agenda and to be read by the
mayor before the public comment portion of the meeting.
Options
1. Approve the proposed amended agenda statement
2. Make other modifications to the agenda statement
3. Leave the current agenda statement as is
Fiscal Analysis
The cost to revise the public comment statement on future agendas is minimal and included in current
budget appropriations.
April 6, 2021 Item #9 Page 2 of 3
Next Steps
If the City Council approves a revised public comment agenda statement, the city clerk will incorporate
the revised statement into all future agendas and the mayor or presiding officer will read the statement
prior to the public comment portion of future City Council meetings.
Environmental Evaluation
The recommended action does not constitute a "project" within the meaning of the California
Environmental Quality Act under California Public Resources Code Section 21065 because it has no
potential to cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment. Therefore, the action does not require environmental
review.
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for
public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
None.
April 6, 2021 Item #9 Page 3 of 3
All Receive Agenda Item #
For the Information of the:
CIT/ COUPT"
Maril Adrian <mariladrian@att.net>
Tuesday, April 6, 2021 9:27 AM
City Clerk
Please read the following statement into the proceedings of the City Council Meeting on April 6.
Mia De Marzo
From:
Sent:
To:
Subject:
Date191/1 CA \O COO
CM yACM \.•,° DCM (3) \,0
Agenda Item 9:
It is absolutely inconceivable to me that the taxpayers of Carlsbad should pay court costs for Ms.
Schumacher who initiated another civil harassment restraining order against Carlsbad residents for
exercising their rights to free speech. The court has denied her most recent petition; however, it required
the services of an attorney to file an Anti-Slapp motion on behalf of Mr. Breen. Ms. Schumacher's behavior as a
sitting member of the Carlsbad City Council has been questionable at best and as a public servant
should expect to have her actions and her voting record examined and crititiqued by the public. Her
recent motion to hire private security to fine Carlsbad small business owners is another example of her
disdain for the public she should be representing.
Mari! Adrian
Carlsbad, CA
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
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Mia De Marzo
From: Sheila Cobian
Sent: Tuesday, April 6, 2021 11:09 AM
To: Tammy Cloud-McMinn; Mia De Marzo; Hector Gomez
Subject: FW: Question regarding agenda item 9
Correspondence for distribution relating to Item 9
From: Celia Brewer <Celia.Brewer@carlsbadca.gov>
Sent: Tuesday, April 06, 2021 11:08 AM
To: Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: Fwd: Question regarding agenda item 9
For the record.
Begin forwarded message:
From: Tony Bona <tonvbonafidegmail.corn>
Subject: Question regarding agenda item 9
Date: April 6, 2021 at 9:05:23 AM PDT
To: Scott Chadwick <scott.chadwickPcarlsbadca.clov>, Celia Brewer <celia.brewercarlsbadca.gov>,
Matt Hall <mhal14046Acimail.com>
Hello - I have a question on agenda item #9 for tonight's council meeting.
Bullet point 3
3. Insulting, demeaning, intimidating or offensive communkations will not be tolerated
Can you please direct me to the full analysis that went into adding this verbiage as I couldn't find it in the 700+
page agenda packet.
Thank you,
Tony
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Mia De Marzo
From:
Sent:
To:
Subject:
Diana A <dra805@gmail.com>
Tuesday, April 6, 2021 1:31 PM
City Clerk
4/6/21 Agenda #9
All Receive - Agenda Item g
For the Information of the:
mY COUNCIL
Data. LI)V12-- CA \() CC 70
CM ACM \.0 DCM (3) \?-0
Dear Mayor + Councilmembers,
Please support the effort to provide civil discourse at our council meetings. Most importantly, we need to
ensure that our councilmembers are safe serving their constituents. Councilmembers and the Mayor should
not have to endure harassment from individuals. We can still hold our public officials accountable through
civil discourse.
Thanks
Diana Aguirre
Resident of D3
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Hector Gomez
From: J Edge <jagedge@ymail.com>
Sent: Tuesday, April 6, 2021 2:19 PM
To: City Clerk
Subject: #9
The residents/business owners of, and visitors to Carlsbad yesterday participated in a press conference recalling Cori
Schumacher. This group is doing the job of stopping Ms. Schumacher's furthering the suppression free speech that the
other council members should have immediately quelled.
Cori Schumacher's campaign fund should absorb legal fees for her civil harassment TRO against three of her
constituents, instead of the taxpayers of Carlsbad; especially since her petition was denied in a court of law.
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