HomeMy WebLinkAbout2021-07-29; Independent Redistricting Commission; ; Meeting ProceduresExhibit 1
Carlsbad Municipal Code
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Cha ter 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, 01.
9, commencing with Section 54950, referred to in this code as the "Brown Act"] and this chapter. Meetings will lbe
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 aJie
expected to observe good order and decorum, and to not by conversation or otherwise, improperly delay or intemrupt
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 proce:fure
established by this chapter. The city council finds and declares that it is important to remember that no one has c.
constitutional right to disrupt a p~blic meeting by attempting to impose their own voice or actions in a manner t:n t 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 i1self
by the manner and conduct of the disrupter's actions. Therefore, to promote civic engagement, orderly deliberafa:m
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 interferenc:=:
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, mayo er
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 meetin~s
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, 20H(
1.20.020 Regular, special and emergency city~co_u_n_c_i_l _m_e_e_t_in~g~s_. ______________ _
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 n s
been designated by the mayor or action of the city council. If the mayor, a majority of the dty council, city mana5er,
fire chief, police chief or building official determines that the Council Chamber is unsafe for a meeting due to aa
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 -r
the city attorney. Notice of a special meeting must be given and posted as provided in Section 54956 of the Bro\WII
Act. The notice must include the date, time and location of the meeting, and a brief statement of the business to ::e
tr1m~c2~ ~b1~cussed. No other business may be transacted or discussed at therWfr¥fW§· A splfJ~le~e8¥1iig
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 discu s
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 (-e
governing body of which is comprised of the members of the city council. When a concurrent meeting is held, to~
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 ai::o
means the legislative body of any public agency the governing body of which is comprised of the members of tr_ec
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 meeting __ s_. _________________________ _
Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided by law. The presiJ ng
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 regul.:1r
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 meetin; is
adjourned without specification of the time and date when it will be reconvened. (Ord. CS-329 § 3, 2018)
1.20.040 uorum.
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 trD a
conflict of interest will not be counted toward achieving a quorum as to that matter. If a disqualification due to a conf i:::t
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 ofth3
Fair Political Practices Commission. (Ord. CS-329 § 3, 2018)
1.20.050 Confidentiali 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;
July 29, 2021 Item #3 Page 3 of 19
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 iof
the Brown Act;
4. Information relating to special services available to persons with disabilities to permit those persons t0
participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits for public participa~rim,
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 establishea
council priorities, the city's business and governmental needs, and requirements of applicable law. Items of busiiess
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 JI'
the council meeting at which the member desires the item to appear on the agenda. Nothing in this section precbdes
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 pos~iing
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 tihat
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 commentaiy 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 ttl_en
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 report:;
a°.fupJ~,~8~Tents relevant to each item of business placed on the agenda by tni~~1ttorne¥,lttt1fg,tJ¥§ced01
the agenda by a council member do not require a staff report, but the council member may provide a report or otter
documents relevant to the item the council member has requested to be placed on the agenda. The city manager cr
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 bef'Jre
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 c_fi_y
council from orally amending any ordinance, resolution, contract, or other document presented to it prior to finai
action at a meeting.
C. Correspondence, including electronic mail, relating to an item of business on an agenda received by the cit,.
clerk before 5:00 p.m. of the Wednesday preceding a regular meeting will be included as part of the agenda pacltet
materials for that item; correspondence received later may be included in the agenda packet in any manner or m::47
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 clelik 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 mimres
. 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 oftl-e
subject matter to which their remarks related and whether they spoke in support of or in opposition to such matt~::-.
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 f:J.e
following manner: "I would like the minutes to show that I [supp()rt] [am opposed to] this action for the followi11g
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 amendmerts
to the minutes as submitted by the city clerk must be verified by the city clerk prior to approval by the city coun.~J .
Following approval, minutes of meetings will be permanently kept in a format or medium suitable for storage o1i
permanent public records. (Ord. CS-329 § 3, 2018)
1.20.090 Recording._s_o;_f_m_ee_t_in_,g,,,_s_. _________________________ _
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 lb r
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 equip~nt
is not necessaJY. for use by the city clerk in the ordinary function of the office. Except as provided for in Chapter July 29, 2021 Item #3 Page 5 of 19
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 i eard
on one or more consent items. In that event, the presiding officer will def er action on the particular matter or matters a:;
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 rocedure.
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 charace:-
and indecorous language.
B. Every council member desiring to question the city staff will address the questions to the city manager or 1he
city attorney, who shall be entitled either to answer the inquiry him or herself or to designate a member of his ot i er
staff for that purpose. Members of the public desiring to ask a question regarding an item on the agenda must de 30
only when public comment regarding an item is permitted. Questions from a member of the public must be dire-::-:ed
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 speik 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 seekr:_g
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 _n
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 b:s
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 cell
is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the motio•
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 pLblic.
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 matier
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 d ~rk
shall place the item on the next regular meeting of the city council for fu1iher consideration. For matters that reqi.::ire
approval by affirmative vote of a majority of the city council, any vote of less than the required number of
affL9y1W,e20olls results in denial of the action, unless a member of the city co111}rM~i~ did noPJg~ejno¥1fo
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 a•
adjourned meeting, however no further public notice is required. If the presiding officer does not announce the b te,
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. T'.,e
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 Jt1
the matter unless the council member has examined all the evidence, including listening to a recording of the om~
testimony or reviewing a videotape or other electronic medium of the proceedings and represents that he or she ::as a
full understanding of the matter. (Ord. CS-329 § 3, 2018)
1.20.180 Application to administrative hearin s.
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)90.
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 discloslll;!
may be made orally before the time for receipt of public comment. (Ord. CS-329 § 3, 2018)
1.20.190 A plication of rocedures re uired by law.
Whenever the requirements of this code or other law require that hearings regarding a pa1iicular matter be conducted
pursuant to a specific procedure, the provisions of the law establishing the requirements shall prevail over this chapte::-Ito
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 exten~ 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 proceeding~s-·--------------~--------
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 ,Jf
the record of the proceedings pursuant to this section. In addition, to oral presentations and documents presentec 3.t a
meeting, the city council may consider any adopted general plan, specific plan, ordinance, resolution or other rei;•Jrd
of official action of the city, and facts of common, general knowledge. The rules of evidence as established by lE,;v
for judicial proceedings in the State of California are not applicable to proceedings of the city council and any
crya,~129~1o'Pft evidence appropriate to afford a full presentation of the facts r1rgwis!~ or c~giPWtJfi~did:ms
consideration of the matter which is the subject of the council's consideration may be presented at the discretio111 -)f
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 char:.ge
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 p;:rt
of the staff presentation or upon request of the presiding officer. In addition, any of the following may be presem,~d
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 i::i 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 tlie
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 :llay
make and retain photographic, video or digital records of proceedings of meetings subject to the same requiremeats
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 pres:icing
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 designE.fie,
is the sergeant-at-arms of the city council. The sergeant-at-arms is required to be available to respond to all mee-hgs
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 purpo~e 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 presi:ing
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 fa:Ling
to comply with the rules established by this chapter, and continues to do so after the presiding officer has directec
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.
July 29, 2021 Item #3 Page 11 of 19
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 motioIB
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 extendi i:>r
remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the proposed limit or exten:.iOn.
6. Motion to refer to commission, committee or staff:
Purpose. To ref er 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 fai ~s,
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 amend~ent may be in any of the
following forms: to "add" or "inse1i" certain words or phrases; to "strike out certain words or phrases and :o
add others"; to "replace" certain words, phrases or actions on the same subject matter as the one pending; tc
"divide the question" into two or more questions to allow for a separate vote on particular points. A motioll to
amend shall relate to the subject of the main motion. A motion to amend, including a motion to substitute 2•
entire motion for the one pending, shall not be used to change the nature of the main motion, for example c.
motion to replace the word "approve" with the word "disapprove" is prohibited ~here the nature of the mab.
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 amendabl,~
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 mo·ion
fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall r.ot
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 e"\ient.
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 appro~
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 meetin.§.
(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 beer:.
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. U,:-0n
executi~81~fig1
1
C~(tipolution, it shall become an official action of the council. (Ordlt~~W § 3, 2f9J~~ l3 of 19
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 t _)
the city clerk for inclusion in the agenda packet. The city manager's office and city clerk's office will coordinate on ru il
received by the city clerk's office to effectively accomplish the purposes of this section. Correspondence relating to a:i
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, 2U18)
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July 29, 2021 Item #3 Page 15 of 19
1. Resident of the City of Carlsbad and a registered voter.
2. Not currently an officer of or employed by the City of Carlsbad or under contract with the City of
Carlsbad.
3. Appointment would not violate any term limits applicable to the position sought.
B. The city council may consider, in its discretion, the following additional criteria in appointing members to t --ie
boards and commission:
1. Prior participation in the Citizen's Academy.
2. Recent experience and/or understanding of municipal government.
3. Knowledge of subject matter governed by the board or commission.
4. Ability to fairly and impartially represent community interests. •
5. Experience on other boards, commissions or committees.
6. Geographical diversity of the membership of the board or commission. (Ord. CS-337 § 3, 2018)
2.15.040 Local appointments list.
The city clerk shall compile and publish a local appointments list in accordance with Government_Code Section 5497( et
seq. (Ord. CS-337 § 3, 2018)
2.15.050 Appointments.
A. Appointments to the planning commission, parks and recreation commission, and traffic and mobility
commission, shall be made by the following process:
1. The mayor and each councilmember shall nominate one individual to serve on each of the commissio:is
for a term coinciding with the term of the councilmember making the appointment. The mayor shall nomir:.E.te
two additional individuals to serve on each of the commissions. All nominations shall be subject to ratificat on
by a majority vote of the city council. If a nominee is not approved by a majority vote of the city council, t1e
councilmember making the nomination may nominate another individual at the same or a subsequent meeting.
In the event that a member of the city council does not make any nomination within 45 days of the date the
councilmember is sworn into office or within 60 days of the occurrence of a vacancy, the appointment will fie
made by the mayor with the approval of the city council.
2. Although each member of the city council elected by a district shall use his or her best efforts to appoiat
individ~als residing in that district to these commissions, members of the city council may appoint individu ls
not residing in their districts in their discretion in order to assure that the most interested and qualified
individuals serve on the commissions.
B. Appointments to all other city boards and commissions shall be made by the mayor with the approval of the
city council. (Ord. CS-356 § 2, 2019; Ord. CS-342 § 2, 2018; Ord. CS-337 § 3, 2018)
2.15.060 Term.
A. Members of boards or commissions shall serve for a term of four years, unless otherwise specified in this
chapter. Such members shall be eligible for reappointment at the expiration of their first term for one additional lfour-
year term. City council will specify the effective date of the appointment.
B. Unless otherwise specified in this chapter, members who are appointed to serve unexpired terms due to an
unplanned vacancy shall serve to the end of the former incumbent's term.
C. Except as otherwise specified in this chapter, a member may be appointed to serve a term of less than four
years if the council determines that it is in the best interest of the board or commission that a member serve a sh,xt er
term in order to provide for appropriate staggered terms to preserve a continuity of membership on the board or
commission.
July 29, 2021 Item #3 Page 17 of 19
D. Except as otherwise specified in this chapter, if a member has been appointed to serve a term of less than ~o
years, the member may be reappointed to serve on the same board or commission for up to two consecutive
additional terms. (Ord. CS-337 § 3, 2018)
2.15.070 Vacancies, removal and attendance.
A. Members of the city's boards, commissions and committees shall serve until reappointed or until the memC,::r's
successor has been appointed, qualified and seated. If a vacancy occurs other than by the expiration of a term, the
vacancy shall be filled in the same manner as the original appointment.
B. Appointees to all of the city's boards and commissions shall serve at the pleasure of the city council. Any
member of a city board or commission may be removed at any time, with or without cause, by the affirmative v::>te
of three members of the city council.
C. To assure participation of board and commission members, attendance by the members of the boards and
commissions at all regularly scheduled and special meetings of the boards and commissions shall be recorded, rd
such record shall be provided annually to the city council for review. A board or commission member may be
removed by the affirmative vote of three members of the city council due to the member's absence from three
consecutive regular meetings or from 25% of the duly scheduled meetings of the board or commission within an~
fiscal year, except in the case of absences due to illness or by permission of the board or commission as documar:ted
by the board or commission liaison. (Ord. CS-337 § 3, 2018)
2.15.080 Chair and vice chair.
A. Each board or commission shall appoint one of its members as chair to serve for a term of one year.
B. The chair shall preside at all meetings of the board or commission.
C. Each board or commission may also appoint one of its members as a vice chair to serve in the place and st1t~d
of the chair during the chair's absence.
D. The chair and vice chair shall be subject to removal at any time, for any or no reason, by a majority vote o::fl:he
board or commission. (Ord. CS-337 § 3, 2018)
2.15.090 Procedural rules and regulations.
All boards and commissions shall conduct their meetings pursuant to the rules contained in Carlsbad Municipal Code
Chapter 1.20 and any additional rules and regulations developed by the city clerk working in conjunction with the boatd
or commission. (Ord. CS-337 § 3, 2018)
2.15.10,QJ~,_u_or_u_m_. _____________________________ _
Unless otherwise specifically provided in this chapter, a majority of the total number of members of the board or
commission shall be necessary to constitute a quorum for a board or commission to take action. (Ord. CS-337 § 3, 20[3)
2.15.110 Relationship with ciq 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 ::re
made available by the heads of each department to the board or commission, to the extent it is necessary to enable it trj)
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, gatheni::ig
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 f cr
July 29, 2021 Item #3 Page 18 of 19
the city council within the scope of an approved work plan. (Ord. CS-337 § 3, 2018)
2.15.120 Members-Com ensation.
Unless specifically appropriated and approved by the city council, all members of the city's boards, commissions and
committees shall serve without compensation. (Ord. CS-337 § 3, 2018)
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July 29, 2021 Item #3 Page 19 of 19