HomeMy WebLinkAbout2021-09-09; Independent Redistricting Commission; ; Roles & Responsibilities of the Independent Redistricting CommissionCA Review CKM
Meeting Date: Sept. 9, 2021
To: Independent Redistricting Commission
Staff Contact: Sheila Cobian, Director of Legislative & Constituent Services
Sheila.cobian@carlsbadca.gov, 760-434-2917
Cindie McMahon, Assistant City Attorney
Cindie.mcmahon@carlsbadca.gov, 760-434-2891
Subject: Roles & Responsibilities of the Independent Redistricting Commission
Recommended Action
Receive a presentation from staff regarding the roles and responsibilities of the Independent
Redistricting Commission.
Discussion
At the commission’s inaugural meeting on July 29, 2021, staff presented general information
about the commission’s roles and responsibilities. During and after the meeting, staff received
questions about the scope of the commission’s authority and the financial and staff resources
available to the commission. Staff also received questions about their role in assisting the
commission.
Scope of commission’s authority
The scope of the commission’s authority is reflected in the California Elections Code. Key
sections of this code are included in Exhibit 1.
As these code sections indicate, the commission is a body, other than the City Council,
empowered to adopt the district boundaries of the City Council (see Cal. Elec. Code, §§ 21630,
23000(d)). The commission is subject to the same redistricting deadlines, requirements and
restrictions otherwise applicable to the City Council (see Cal. Elec. Code, §§ 21630, 23003(i)).
These requirements include conducting at least four public hearings to receive public input on
the composition of the districts and publishing a map of the proposed new district boundaries
at least 7 days before adopting the map (see Cal. Elec. Code, §§ 21627.1(a), 23003(i)). Further
details on the public hearings, and the public engagement and outreach efforts for them, will
be presented as part of other agenda items.
The City Council may also impose additional requirements and restrictions on the commission
(see Cal. Elec. Code, § 23003(i)). For the current redistricting effort, the City Council imposed
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additional public engagement requirements, including the requirement for four informational
meetings, which were conducted on Aug. 25, Aug. 26, Sept. 1, and Sept. 2.
The commission is not a separate public agency and does not have a discrete budget or
spending authority. However, as discussed more below, the commission has been provided
with the necessary resources to complete its duties.
Although some commissioners were selected from district-based applicant pools, this was done
to ensure geographic diversity on the commission. Commissioners do not represent any
particular constituency and instead are tasked with adopting a map based on the criteria and
priorities established in federal and state law.
Staff liaisons
Consistent with Carlsbad Municipal Code Section 2.15.110 (Exhibit 2), the City Manager has
assigned three staff liaisons to assist the commission. These liaisons are the Director of
Legislative & Constituent Services, the Director of Communications & Engagement, and the City
Clerk Services Manager. The City Attorney has similarly assigned an Assistant City Attorney to
assist the commission and the staff liaisons.
To augment city staff resources, the City Manager authorized city staff to engage a
demographer, National Demographics Corporation, whose contract is managed by the Director
of Legislative & Constituent Services, and communication consultants, Tripepi-Smith &
Associates, Inc. and Novoa Communications, Inc., whose contracts are managed by the Director
of Communications & Engagement.
Neither city staff, the demographer, nor the communication consultants work for or at the
direction of the commission. Rather, they are professionals who work with the commission to
help the commission complete its duties.
The responsibilities of the staff liaisons include noticing and keeping records of commission
meetings, assisting the commission in staying focused on noticed agenda items during
meetings, and gathering public input for meetings. The responsibilities of consultant National
Demographics Corporation include attending public meetings, providing outreach assistance,
developing a demographic database, incorporating Geographic Information System data,
creating draft maps, analyzing and preparing plans submitted by the public, converting all maps
and reports to web friendly versions, posting all maps online and creating additional or revised
maps as requested. The responsibilities of consultant Tripepi-Smith & Associates, Inc. include
outreach to community groups, public meeting planning and facilitation, documentation of
public input, and preparation of news releases, articles, website content and fact sheets. The
responsibilities of consultant Novoa Communications, Inc. include engaging Spanish speaking
community members in the redistricting process, including producing informational materials,
attending local events and meetings, coordinating with local schools and social service
organizations, and reaching out to other community organizations that reach this audience.
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The staff liaisons, the Assistant City Attorney, and the demographer will attend commission
meetings. The communications consultants’ work occurs primarily behind the scenes and the
consultants are not expected to attend commission meetings.
Meetings
In addition to the California Elections Code requirements, the commission’s meetings are
governed by Carlsbad Municipal Code Chapter 1.20 (Exhibit 3). The commission has established
a schedule of regular meetings and public hearings. Additional information about the format
and content of these meetings will be presented as part of other agenda items. Staff anticipates
these meetings will be sufficient for the commission to complete it duties.
When necessary, special meetings may be called by staff, the chair of the commission, or a
majority of the commission. Calling a special meeting can be challenging because of staff’s and
consultants’ other work assignments, the commissioners’ availability and quorum
requirements, the need to ensure adequate public notice, and other previously scheduled City
Council, board, and commission meetings competing for the public’s attention. Given these
constraints and absent extraordinary circumstances, staff does not anticipate the commission
will have any special meetings.
Fiscal Analysis
This action has no fiscal impact.
Environmental Evaluation
In keeping with California Public Resources Code Section 21065, this action does not constitute
a “project” within the meaning of the California Environmental Quality Act 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. Therefore, it does not require
environmental review.
Public Notification and Outreach
This item was noticed 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
1. California Elections Code Sections 21627.1, 21628, 21630, 23000, and 23003
2. Carlsbad Municipal Code Section 2.15.110 – Relationship with City Departments & Staff
Liaisons
3. Carlsbad Municipal Code Chapter 1.20 - Meeting
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Exhibit 1
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Carlsbad Municipal Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.15 BOARDS AND COMMISSIONS
2.15.110 Relationship with city departments and staff liaisons.
So far as is practicable, and subject to approval of the city manager, the services of the various city departments shall be
made available by the heads of each department to the board or commission, to the extent it is necessary to enable it to
perform its functions, powers, and duties.
Staff liaisons are generally responsible for accurate meeting notices and record keeping, communicating between the
board or commission and other city staff, assisting the committee in executing the council approved work plan, gathering
public input, assisting the board or commission in staying focused on noticed agenda items and maintaining a positive
work relationship with the board or commission.
The liaisons do not work “for” or “at the direction” of the board or commission. Instead, the liaisons are professionals
who work for the city manager and with the boards and commissions to develop information and recommendations for
the city council within the scope of an approved work plan. (Ord. CS-337 § 3, 2018)
View the mobile version.
Exhibit 2
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Carlsbad Municipal Code
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Title 1 GENERAL PROVISIONS
Chapter 1.20 MEETINGS
1.20.010 Policies applicable to all meetings.
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.
9, commencing with Section 54950, referred to in this code as the “Brown Act”] and this chapter. Meetings will be
open and public, except for closed sessions held as authorized by the Brown Act.
B. When a meeting is in session, council members, city officers and employees, and members of the public are
expected to observe good order and decorum, and to not by conversation or otherwise, improperly delay or interrupt
the proceedings, nor refuse to obey the lawful directives of the presiding officer.
C. The city is committed to maintaining safe and orderly meetings, free from intimidation, harassment and
disruption. Public participation is encouraged provided that participants abide by the rules of conduct and procedure
established by this chapter. The city council finds and declares that it is important to remember that no one has a
constitutional right to disrupt a public meeting by attempting to impose their own voice or actions in a manner that is
loud, boisterous or unruly where such conduct is substantially disruptive of the meeting itself and continues after the
presiding officer has requested the person or persons to stop. The issue in such cases is not about the content of
speech, unless the content itself violates the law, but rather with the extent of disruption caused to the meeting itself
by the manner and conduct of the disrupter’s actions. Therefore, to promote civic engagement, orderly deliberation
and efficient conduct of city business, the following general rules of conduct apply to all city meetings:
1. Interactions among all meeting participants will be conducted in a mutually respectful manner.
2. Threats of violence will not be tolerated.
3. Insulting, demeaning, intimidating or offensive communications will not be tolerated.
4. Conduct intended to disrupt the orderly conduct of business will not be tolerated.
5. Individuals who continue to interrupt or interfere with the orderly conduct of a meeting may be removed
from the meeting, after the presiding officer has directed the person to cease the interruption or interference
and warned that continued interruption or interference may result in removal from the meeting. If a meeting is
willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the
meeting, the 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. (Ord. CS-329 § 3, 2018)
1.20.020 Regular, special and emergency city council meetings.
A. Regular city council meetings will be held on the dates and at the times established by city council resolution.
Regular city council meetings will be held at City Hall in the City Council Chamber, unless a different location has
been designated by the mayor or action of the city council. If the mayor, a majority of the city council, city manager,
fire chief, police chief or building official determines that the Council Chamber is unsafe for a meeting due to an
emergency, regular meetings may be held for the duration of the emergency at a location that is designated on the
agenda or other notice of the meeting.
B. Special city council meetings may be called by the mayor, a majority of the city council, the city manager or
the city attorney. Notice of a special meeting must be given and posted as provided in Section 54956 of the Brown
Act. The notice must include the date, time and location of the meeting, and a brief statement of the business to be
transacted or discussed. No other business may be transacted or discussed at the meeting. A special meeting
Exhibit 3
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regarding the salaries, salary schedules or compensation paid in the form of fringe benefits, of the city manager, city
attorney, any department head or other executive level employee is prohibited, however, special meetings to discuss
the city’s budget are permitted.
C. During emergency situations, meetings may be held as provided in Section 54956.5 of the Brown Act.
D. City council meetings may be held concurrently as meetings of the legislative body of any public agency the
governing body of which is comprised of the members of the city council. When a concurrent meeting is held, the
presiding officer or clerk will commence the meeting with the announcement required by Section 54952.3 of the
Brown Act. The city clerk may include the information required by Section 54952.3 on the agenda for a meeting,
and the oral announcement may be made by reference to that information. As used in this chapter, city council also
means the legislative body of any public agency the governing body of which is comprised of the members of the
city council.
E. The city clerk and city manager are authorized and directed to prepare, deliver and post meeting notices. (Ord.
CS-329 § 3, 2018)
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. (Ord. CS-329 § 3, 2018)
1.20.040 Quorum.
A quorum necessary for the transaction of business at a meeting of the city council exists whenever a majority of the
council are present. A meeting may be adjourned for lack of a quorum by the presiding officer or, in the absence of a
presiding officer, any member of council or the city clerk. A member disqualified from participation in a matter due to a
conflict of interest will not be counted toward achieving a quorum as to that matter. If a disqualification due to a conflict
of interest results in the lack of a quorum, consideration of the matter will be deferred until either a quorum of non-
disqualified council members are present, or a quorum is determined as defined in and subject to the regulations of the
Fair Political Practices Commission. (Ord. CS-329 § 3, 2018)
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:
A. Disclosures expressly authorized by action taken by a majority of the city council;
B. Reports of action taken in closed session;
C. Disclosures expressly authorized or required by law;
D. Confidential disclosures to a council member, city employee or other person authorized to attend a closed
session without loss of the privilege of confidentiality. (Ord. CS-329 § 3, 2018)
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;
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2. The order of business and a brief general description of each item of business to be transacted or
discussed at the meeting, including a brief statement of the specific action requested or recommended to be
taken by the council;
3. A description of each closed session matter substantially in the manner authorized by Section 54954.5 of
the Brown Act;
4. Information relating to special services available to persons with disabilities to permit those persons to
participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits for public participation,
rules of decorum, presentation of materials and other similar matters.
C. The city manager is responsible for scheduling matters for consideration by the council based on established
council priorities, the city’s business and governmental needs, and requirements of applicable law. Items of business
may be placed on the agenda by any member of the council, the city manager or the city attorney, or by council
action. Council-originated items must be submitted to the city manager not less than seven days before the date of
the council meeting at which the member desires the item to appear on the agenda. Nothing in this section precludes
a council member from requesting council action to place an item on the agenda for a future meeting.
D. The city clerk, is authorized and directed to post agendas in accordance with applicable law, including posting
on the city’s website. The city clerk is also authorized and directed to mail agendas to persons and organizations
who have filed a request for a mailing of agendas and have paid the fee in the amount established by the city for that
service. Before posting or mailing an agenda, the city clerk must obtain approval of the agenda from the city
manager and city attorney. The agenda may be made available and delivered in electronic format.
E. The agenda for regular meetings will be based on the following order of business:
1. Call to order;
2. Announcement of concurrent meetings;
3. Roll call;
4. Pledge of allegiance;
5. Invocation;
6. Approval of minutes;
7. Special presentations;
8. Public comment on matters not listed on the agenda;
9. Consent calendar;
11. Ordinances for introduction;
12. Ordinances for adoption;
13. Matters requiring a public hearing, notice of which is required by law;
14. Matters not requiring a noticed public hearing
15. council commentary and requests for consideration of matters;
16. Additional public comment on matters not appearing on the agenda;
17. Announcements;
18. Adjournment.
F. When a meeting is a concurrent meeting of the city council and the legislative body of any public agency the
governing body of which is comprised of the members of the city council, action will be deemed to have been taken
by the appropriate legislative body with jurisdiction over the matter. (Ord. CS-329 § 3, 2018)
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 onSept. 9, 2021 Item #1 Page 16 of 27
the agenda by a council member do not require a staff report, but the council member may provide a report or other
documents relevant to the item the council member has requested to be placed on the agenda. The city manager or
city attorney may provide a report or recommendation relating to a matter placed on the agenda by a council
member. Staff reports and other documents relevant to items of business, including reports and other documents
provided by a council member with respect to an item placed on the agenda by that council member, must be
delivered to the city clerk not later than 5:00 p.m. on the Wednesday preceding a regular meeting or 72 hours before
the date of a special meeting. The city clerk, under the direction of the city manager, is responsible for compiling the
reports and other documents and for preparing an agenda packet.
B. Ordinances, resolutions and contract documents must be prepared or approved by the city attorney before
delivery to the city clerk for inclusion in the agenda packet. Nothing in this chapter is intended to preclude the city
council from orally amending any ordinance, resolution, contract, or other document presented to it prior to final
action at a meeting.
C. Correspondence, including electronic mail, relating to an item of business on an agenda received by the city
clerk before 5:00 p.m. of the Wednesday preceding a regular meeting will be included as part of the agenda packet
materials for that item; correspondence received later may be included in the agenda packet in any manner or may
be delivered to the city council by different means.
D. The agenda packet for a regular meeting will be delivered to the council members not later than the Friday
preceding the meeting. The agenda packet will be available to the public at the office of the city clerk and posted on
the city’s website on the same day that it is delivered to the council members. An agenda packet for a special or
emergency meeting may be delivered to the council and 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. (Ord. CS-329 § 3, 2018)
1.20.080 Minutes.
A. The city clerk is responsible for the minutes of all city council meetings, except closed sessions. The minutes
will be a record of each particular type of business transacted or discussed but a verbatim transcript of the
proceedings is not required. The minutes may include the names of persons addressing the council, the title of the
subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter.
The clerk will include in the minutes of the meeting a council member’s statement on a matter upon request made by
that council member at the time the statement is made. Any council member may have the reasons for his or her
support for or dissent from any action of the council entered in the minutes by making a request in substantially the
following manner: “I would like the minutes to show that I [support] [am opposed to] this action for the following
reasons...”
B. The city clerk will prepare proposed minutes and present them to the city council for approval.
C. The minutes may be approved without reading if the clerk has included the proposed minutes in the agenda
packet. The minutes will be read before approval upon motion approved by the city council. Proposed amendments
to the minutes as submitted by the city clerk must be verified by the city clerk prior to approval by the city council.
Following approval, minutes of meetings will be permanently kept in a format or medium suitable for storage of
permanent public records. (Ord. CS-329 § 3, 2018)
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 ChapterSept. 9, 2021 Item #1 Page 17 of 27
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, but not limited to, providing records and
administering this provision.
C. A person may request that the clerk preserve a record of the city council meeting, or any portion thereof, by
filing a written request with the city clerk 24 hours prior to the meeting. If such a request is received, the city clerk
will arrange to make and preserve such a record at the expense of the person making the request.
D. If any person desires to have a matter reported by a stenographer reporter, such person may employ one
directly at the person’s expense. The city manager may make reasonable accommodations to assure that the reporter
is seated at a position at the meeting to facilitate accurate recording.
E. Any person may film, video tape photograph or audio tape a city council meeting in the absence of a
reasonable finding by the presiding officer that the recording cannot continue without noise, illumination or
obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. Meetings may be
televised by any person if it can be accomplished without noise, illumination or obstruction of view that constitutes
or would constitute a persistent disruption of the proceedings. (Ord. CS-329 § 3, 2018)
1.20.100 Role of the presiding officer.
A. The presiding officer is the mayor, or in the mayor’s absence, the mayor pro tem. In the absence of both the
mayor and mayor pro tem, 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 tem, 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 tem, the temporary presiding officer shall relinquish the chair at the conclusion of the
business then before the council.
B. The presiding officer will endeavor to conduct the meeting in an orderly, even-handed and businesslike
manner, substantially the order and manner provided on the agenda. Members should have a full and equal
opportunity to express their respective views. Matters should be fully deliberated before action is taken.
C. The presiding officer may move, second, debate and vote from the chair. The presiding officer is not deprived
of any of the rights and privileges of a council member due to acting as presiding officer. The presiding officer or
such person as the presiding officer may designate may verbally restate each question immediately prior to calling
for the vote.
D. The presiding officer is responsible for the maintenance of order and decorum at all meetings. The presiding
officer will decide all questions of order and procedure under this chapter, subject to the right of any council
member to request a ruling by the quorum and the question shall be, “Shall the decision of the presiding officer be
sustained?” Requests for a ruling by the quorum require a second and will be promptly considered. A majority vote
of the quorum will conclusively determine the question. (Ord. CS-329 § 3, 2018)
1.20.110 Commencement of meetings.
At the time set for each regular meeting, each member of the council, the city manager, city clerk, city attorney and such
department heads or others as have been requested to be present shall take their regular places in the council chambers.
The presiding officer will call the meeting to order. Before proceeding with the business of the council, the city clerk will
call the roll of the council members and the names of the members present will be entered in the minutes. If the meeting is
a concurrent meeting of the city council and one or more legislative bodies of a public agency for which the city council
is the governing body, the city clerk will also make the announcement required by law. (Ord. CS-329 § 3, 2018)
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 housekeepingSept. 9, 2021 Item #1 Page 18 of 27
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. (Ord. CS-329 § 3, 2018)
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 if the presiding officer recognizes the privilege.
E. A member of the council who wishes to terminate discussion of a motion may call for the question. If the call
is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the motion
without further discussion.
F. Voting will be conducted using the voting system installed in the Council Chamber, unless the city council
dispenses with use of the voting system or the system is not functioning. If the voting light system is not used,
voting will be by voice vote or other system by which the vote of each council member is made known to the public.
Secret ballots are prohibited.
G. Every council member should vote unless disqualified due to conflict of interest. A council member who
abstains from voting acknowledges that a majority of the quorum may decide the question voted upon, however,
ordinances, resolutions, orders for franchise or payments of money or adoption or amendment of a specific or
general plan require the affirmative vote of a majority of the city council (i.e., three affirmative votes).
H. For matters that may be decided by a majority of the quorum, tie votes constitute “no action,” and the matter
voted upon remains before the council and is subject to further council consideration. If the presiding officer
determines that city council is unable to take action on a matter during a meeting because of a tie vote, the city clerk
shall place the item on the next regular meeting of the city council for further consideration. For matters that require
approval by affirmative vote of a majority of the city council, any vote of less than the required number of
affirmative votes results in denial of the action, unless a member of the city council who did not vote in theSept. 9, 2021 Item #1 Page 19 of 27
affirmative requests that the matter remain open for further consideration. For matters involving development
applications before the council because of a recommendation or appeal from the planning commission or design
review board, if a final decision of the city council is not reached within 60 days of the date of the first meeting at
which the matter is considered, the matter will be deemed denied. During this 60-day period, any council member
may make a written request that the matter be restored to the council’s agenda.
I. A council member may change his or her vote immediately following the announcement of the result of a vote
on a matter by the presiding officer and before the next item of business. Except in the case of a tie vote, a council
member who publicly announces that he or she is abstaining from voting on a particular matter may not withdraw
his or her abstention.
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. (Ord. CS-329 § 3, 2018)
1.20.140 Public participation.
A. Members of the public may address the council on items of business listed on an agenda of any meeting.
Persons desiring to address the council regarding an item on the agenda, including an item listed on the consent
calendar or items noticed for a public hearing, must submit a request to speak to the city clerk before the item is
called by the presiding officer. The presiding officer, with the unanimous consent of the council, may allow a person
who has not filed such a request to address the council.
B. At regular meetings, including adjourned regular meetings, members of the public may address the council on
items not appearing on the agenda during the portion of the agenda set aside for this purpose. The total amount of
time set aside for this purpose at the beginning of the meeting will not exceed 15 minutes, additional time will be set
aside at the end of the meeting. Persons addressing the council must confine their remarks to matters within the
subject matter jurisdiction of the city council or a public agency for which the city council services as the governing
body. Persons desiring to address the council on items not appearing on the agenda must submit a request to speak to
the city clerk before 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. 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 of the item. For items removed from the consent calendar at
Sept. 9, 2021 Item #1 Page 20 of 27
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. (Ord. CS-329 § 3, 2018)
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. (Ord. CS-329 § 3, 2018)
1.20.160 Conduct of public hearings.
A. The provisions of this section apply to matters listed on the agenda as public hearing items. Except as
otherwise provided in this section, all of the provisions of this chapter apply to matters listed as public hearing
items.
B. Public hearings will be noticed to begin at the time the council convenes, unless otherwise determined by the
city manager or directed by the city council in which case the notice of public hearing and agenda may state a
different time. If there is more than one public hearing scheduled for a meeting, the hearings will be held in the order
stated on the agenda unless the council changes the order. Meetings may be adjourned when necessary or convenient
to complete a hearing or schedule of hearings. Hearing will commence at the time stated on the agenda or as soon
thereafter as the conduct of business at the meeting permits.
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 section.
H. Before commencement of council discussion and action, the presiding officer may order closed the public
input portion of the hearing, at which time no further evidence, either oral or written, will be accepted by the council
except in response to a question by a council member; provided, however, that this rule may be relaxed by the
presiding officer where it appears that good cause exists to hear further evidence concerning the matter which is the
subject of the public hearing. Following completion of questions by council members, the presiding officer may
order the public hearing closed. A public hearing once closed cannot be reopened on the date set for hearing unless
the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing
in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent
meeting, provided notice is first given in the manner required for the initial hearing.Sept. 9, 2021 Item #1 Page 21 of 27
I. A public hearing may be continued to a date certain any time before the closing of the hearing in order to
permit presentation of additional written or oral evidence, or return the matter to the planning commission for
further consideration. The presiding officer will publicly announce the date, time and place that the hearing will
reconvene, and further evidence will be taken, and the announcement constitutes sufficient notice to the public of the
date, time, and place of the continued hearing. If the matter is returned to the planning commission for further
consideration, the presiding officer must publicly announce that the matter has been returned to the planning
commission for consideration and may announce the date, time and place that the hearing will be continued to
receive the further report by the planning commission. If the presiding officer announces the date, time and place of
the continued hearing, the clerk will post a notice of continuance in the same manner as for posting notices of an
adjourned meeting, however no further public notice is required. If the presiding officer does not announce the date,
time and place for continuance of the matter following return to the planning commission, the hearing will be
noticed in the same manner as for the initial public hearing. (Ord. CS-329 § 3, 2018)
1.20.170 Decision following a public hearing.
A. A decision may be made at any time following the close of a public hearing. The council may adopt a
resolution or ordinance recommended by staff and presented as part of the agenda packet or may indicate its
intended decision and instruct the city attorney to return with the resolution or ordinance necessary to affect the
decision. For decisions that include a quasi-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 represents that he or she has a
full understanding of the matter. (Ord. CS-329 § 3, 2018)
1.20.180 Application to administrative hearings.
A. The procedures for conduct of public hearings will apply to any quasi-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. (Ord. CS-329 § 3, 2018)
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. (Ord. CS-329 § 3, 2018)
1.20.200 Evidence—Record of proceedings.
A. A decision of the city council may be based on any relevant evidence provided to the city council for its
consideration of an item and accepted into the record of the proceedings by the presiding officer or made a part of
the record of the proceedings pursuant to this section. In addition, to oral presentations and documents presented at a
meeting, the city council may consider any adopted general plan, specific plan, ordinance, resolution or other record
of official action of the city, and facts of common, general knowledge. The rules of evidence as established by law
for judicial proceedings in the State of California are not applicable to proceedings of the city council and any
credible, relevant evidence appropriate to afford a full presentation of the facts necessary or convenient for judiciousSept. 9, 2021 Item #1 Page 22 of 27
consideration of the matter which is the subject of the council’s consideration may be presented at the discretion of
the presiding officer. Failure of the presiding officer to strictly enforce rules of evidence or to reject matters that may
be irrelevant or immaterial does not affect the validity of the hearing. Any procedural errors that do not materially
affect the substantial rights of the parties will be disregarded. Rulings of the presiding officer are subject to change
by the city council in the same manner as any other procedural order.
B. All materials included in the agenda packet for a meeting are evidence and part of the record of the
proceedings for the agenda item to which they pertain. It is not necessary for materials included in the agenda packet
to be read in full or referenced at the meeting; however, the staff may present a summary of the information as part
of the staff presentation or upon request of the presiding officer. In addition, any of the following may be presented
to the city council during the meeting and, if presented are evidence and part of the record:
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 Chamber, 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 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. (Ord. CS-329 § 3, 2018)
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. (Ord. CS-329 § 3, 2018)
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.
Sept. 9, 2021 Item #1 Page 23 of 27
D. Any person previously convicted under subsection B of this section, who again violates the provisions of
subsection B of this section, commits an offence punishable as a misdemeanor. (Ord. CS-329 § 3, 2018)
1.20.230 Motions.
A motion is the formal statement of a proposal or question to the council for consideration and action. Every council
member has the right to present a motion. A motion may be made at any time during consideration of a matter on the
agenda; however, the presiding officer may defer recognizing a motion until after presentation of a report of staff, public
comment and questions by members. It is not necessary for a motion to be pending for deliberation of a matter on the
agenda. If a motion is properly made, the presiding officer will call for a second. No further action is required on a motion
that does not receive a second. If a motion contains two or more divisible propositions, the presiding officer may divide it
and call for a separate vote on each proposition. A motion once made and seconded may not be withdrawn by the maker
without the consent of the second. The presiding officer may, and upon request of any member of the council will, restate
a motion before a vote, provided, however, that the presiding officer may request the restatement be made by the city
clerk or city attorney. (Ord. CS-329 § 3, 2018)
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 to enforce a provision of this chapter may be made at any time.
C. The purpose and salient criteria of the motions listed in subsection A are as follows:
1. Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another date, time, or place is debatable and
amendable as to the date, time and place to which the meeting is to be adjourned.
2. Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to defer:
Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be taken up again for
consideration during the current meeting or at the next regular meeting. A motion to defer is also known as a
motion to table.
Debatable or Amendable. It is debatable but not amendable.
Sept. 9, 2021 Item #1 Page 24 of 27
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 amendments are restricted to duration of the proposed limit or extension.
6. Motion to refer to commission, committee or staff:
Purpose. To refer the question before the council to a commission, committee or to the city staff for the
purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails,
discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may be in any of the
following forms: to “add” or “insert” certain words or phrases; to “strike out certain words or phrases and to
add others”; to “replace” certain words, phrases or actions on the same subject matter as the one pending; to
“divide the question” into two or more questions to allow for a separate vote on particular points. A motion to
amend shall relate to the subject of the main motion. A motion to amend, including a motion to substitute an
entire motion for the one pending, shall not be used to change the nature of the main motion, for example a
motion to replace the word “approve” with the word “disapprove” is prohibited where the nature of the main
motion is changed. If a motion to amend passes, then the main motion should be voted on as amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is debatable. It is amendable,
but a motion to amend an amendment is not further amendable.
8. Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion
fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not
be brought up again until the specified date or event.
Debatable or Amendable. It is debatable and amendable, however amendments are limited to the date or event.
9. Main motion:
Purpose. The primary proposal or question before the council for discussion and decision.
Debatable or Amendable. Yes. (Ord. CS-329 § 3, 2018)
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.
(Ord. CS-329 § 3, 2018)
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be included in the agenda packet. Resolutions
will be prepared or approved by the city attorney before submission to the city council. It is not necessary to read the
resolution by title or in full; provided it is identified by the presiding officer. Where a particular resolution has not been
prepared in advance, a motion may direct the city attorney to prepare the document and return it to the council. When
necessary, a resolution may be presented verbally in motion form together with instructions for written preparation. Upon
execution of such a resolution, it shall become an official action of the council. (Ord. CS-329 § 3, 2018)Sept. 9, 2021 Item #1 Page 25 of 27
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. (Ord. CS-329 § 3, 2018)
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. (Ord. CS-329 § 3, 2018)
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
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. (Ord. CS-329 § 3, 2018)
1.20.300 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be deemed to create a mandatory duty, the
breach of which could result in liability to the city or to any city officer or employee pursuant to state statute or other law.
(Ord. CS-329 § 3, 2018)
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. (Ord. CS-329 § 3,
2018)
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
Sept. 9, 2021 Item #1 Page 26 of 27
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. (Ord. CS-329 § 3, 2018)
View the mobile version.
Sept. 9, 2021 Item #1 Page 27 of 27
INDEPENDENT REDISTRICTING COMMISSION
ROLES & RESPONSIBILITIES
woo.
(City of
Carlsbad
Sept. 9, 2021
Scope of Authority
•Empowered to adopt City Council district boundaries
•Subject to deadlines, requirements & restrictions
applicable to City Council
•Conduct at least four public hearings
•Commission provided with necessary resources to
complete duties (City of
Carlsbad
Composition of Commission
•City Council directed that Commissioners be randomly
selected from district-based applicant pools
•Ensures geographic diversity
•Do not represent particular constituency
•Tasked with adopting a map based on criteria &
priorities established in federal & state law
(City of
Carlsbad
Staff Liaisons
•Staff members assigned to project
•City Clerk Services Manager
•Director of Legislative & Constituent Services
•Director of Communications & Engagement
•Assistant City Attorney
(City of
Carlsbad
Meetings
•Requirements governed by the Brown Act, California
Elections Code & Carlsbad Municipal Code Chapter 1.20
•Establishment of schedule of regular meetings and
public hearings
•Special Meetings
(Ci of
Carlsbad
Questions?
(City of
Carlsbad