HomeMy WebLinkAbout2023-06-01; City Council; ; Receive a Presentation Regarding Implicit Bias, Review the City Council Code of Ethics and Public Service Values, and Provide Feedback for Changes to Carlsbad Municipal CCA Review CKM
Meeting Date: June 1, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Receive a Presentation Regarding Implicit Bias, Review the City Council
Code of Ethics and Public Service Values, and Provide Feedback for
Changes to Carlsbad Municipal Code Chapter 1.20 – Meetings
Districts: All
Recommended Action
1. Receive a presentation from Jennifer Coyle, Founder/President of North Star Consulting,
regarding implicit bias and fostering a culture of inclusion.
2. Review and discuss the City Council Code of Ethics & Public Service Values and recommend
revisions as appropriate.
3. Provide feedback to staff regarding any desired changes to Carlsbad Municipal Code
Chapter 1.20 – Meetings.
Executive Summary
The City Council took part in a facilitated workshop on May 6, 2021, focused on the topics of
implicit bias and microagressions, and expressed a desire to receive similar presentations in the
future. In keeping with the City Council’s direction, staff have arranged for Jennifer Coyle,
Founder/President of North Star Consulting, who provides leadership and inclusivity training to
the City of Carlsbad and other government agencies, to make a presentation on implicit bias
and fostering a culture of inclusion.
At the May 6, 2021, workshop, City Council also began to develop a City Council Code of
Ethics & Public Service Values (Exhibit 1). This code of ethics and values was formally approved
at the Nov. 16, 2021, City Council Meeting.
Staff recently began a review of the Carlsbad Municipal Code chapter governing meetings,
which has not been updated since 2018, and are now requesting feedback from the City Council
on any desired modifications to that chapter as well as to the Code of Ethics & Public Service
Values.
June 1, 2023 Item #1 Page 1 of 25
Explanation & Analysis
Consultant Jennifer Coyle will provide a presentation to the City Council on implicit bias and
fostering a culture of inclusion. Ms. Coyle supports several cities in California with their
Diversity & Inclusion initiatives, as well as team alignment and talent development. Her
qualifications are detailed in Exhibit 3.
Carlsbad’s City Council Code of Ethics & Public Service Values are based on the belief that public
officials must have the trust and respect of their communities they serve for democratic
institutions to be effective. The code is intended to:
•Encourage the highest standards of behavior by City of Carlsbad elected officials
•Make implicit norms of leadership and communication explicit
•Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day
service to the city
The code established four public service values for the City Council:
•Respect
•Responsibility
•Compassion and Fairness
•Integrity
The complete statement of ethics and values is provided as Exhibit 1.
Carlsbad Municipal Code Chapter 1.20 – Meetings establishes the policies and procedures to be
followed for City Council and other city meetings. It includes a range of policies intended to
foster open and productive meetings on city business, with sections focused on the role of the
presiding officer, general rules of procedure, public participation and enforcement of decorum.
City staff are in the process of reviewing this chapter as part of an ongoing review of the
municipal code to make sure it aligns with other city policies and current state law. The chapter
is provided as Exhibit 2.
Staff are requesting the City Council’s feedback on the code of ethics and values statement as
well as on the municipal code chapter because of the overlapping nature of these guiding policy
statements.
Fiscal Analysis
The existing fiscal year 2022-23 budget for the City Clerk’s Office includes sufficient funding for
the cost of amending the Carlsbad Municipal Code should the City Council choose to make
changes to Chapter 1.20 - Meetings.
Next Steps
Should the City Council wish to make any modifications to the Code of Ethics & Public Service
Values and Carlsbad Municipal Code Chapter 1.20 – Meetings, staff will prepare drafts for the
City Council’s consideration and approval at an upcoming meeting.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
June 1, 2023 Item #1 Page 2 of 25
Exhibits
1. City Council Code of Ethics & Public Service Values
2. Carlsbad Municipal Code Chapter 1.20 – Meetings
3. Jennifer Coyle bio
June 1, 2023 Item #1 Page 3 of 25
City of Carlsbad
City Council Code of Ethics & Public Service Values
Preamble
The effective operation of democratic institutions requires that public officials have the trust
and respect of the communities they serve. Accordingly, the City Council of the City of Carlsbad
has adopted this code to:
•Encourage the highest standards of behavior by City of Carlsbad elected officials;
•Make implicit norms of leadership and communication explicit; and
•Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day
service to the City.
To this end, the City of Carlsbad City Council has adopted this code relating to values-based
decision-making. As part of their service to the City of Carlsbad, individual City Council
Members agree to practice the values described in this code in their day-to-day service to the
City of Carlsbad.
The City Council further directs that this code be:
•Distributed to individual City Council Members for signature and, once signed, posted on
the City Council section of the city website;
•Included in the materials provided to candidates for City Council;
•Covered in newly elected officials’ orientation materials and training (including AB 1234
training); and
•Agendized for discussion annually as an opportunity for City Council review, self-evaluation,
discussion, and revision, if appropriate.
Adopted by the City of Carlsbad City Council on Nov. 16, 2021.
Value: Respect
1.As a leader of the community, I model civility. In practice, this means that:
•I treat my fellow officials, staff and the public politely, professionally and with an
appreciation for our common humanity, even when we disagree on what is best for
the community.
•When I explain my disagreement with a colleague or City Council decision to others,
I do so in a way that focuses on the merits of an issue and recognizes that
reasonable people of differing interests and/or good intentions can disagree on
what is best for our community.
•When my perspective doesn’t prevail, in discussing the outcome in the community, I
frame my colleagues’ differing positions in the spirit of moving onward from the
Exhibit 1
June 1, 2023 Item #1 Page 4 of 25
Carlsbad City Council Code of Ethics & Public Service Values
Nov. 16, 2021
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2
decision and in the same way I would want my colleagues to frame my own differing
positions.
• I contribute to a culture and practice of active acknowledgement by recognizing
colleagues and persons who model values-based decision-making under challenging
circumstances.
• I refer to my colleagues on the City Council by their formal city titles (for example,
“Council Member,” “Mayor,” etc.), and/or appropriate gender pronouns unless an
individual has expressed a preference for an alternative title (for example,
“Reverend,” “Dr.,” etc.)
2. I invite and respect public input to inform my sense of what is in the community’s best
interests and incorporate it in the decision-making process to ensure meaningful public
engagement. In practice, this means that:
• I am attentive and engaged in meetings.
• I welcome diverse perspectives and consider them in my decision-making.
• I act in ways that help people feel valued when they participate in our city’s
decision-making processes.
• As an elected official, I gather public input and information to make the best
decision with a spirit of curiosity and inquiry.
• I involve all appropriate stakeholders and the public in general in meetings affecting
city decisions.
• I strive to make people feel heard, by listening carefully, sharing what I think I have
heard, asking clarifying questions, and seeking to understand the interests
underlying their positions.
3. My actions reflect the belief that elected officials, city staff and others who serve the
agency are on the same team in service to the community, even though we have
different roles. In practice, this means that:
• I act on the understanding that staff’s role is to provide objective information and
analysis to inform the decision-making process within the resources that they have
available, even if this information and analysis don’t support the decision I believe is
best.
• When I know I will be asking one or more questions on an agenda item, I alert the
City Manager or City Attorney as appropriate in advance so staff can be prepared to
provide the most complete answer to inform both the City Council and the public.
• I ask questions to authentically deepen my understanding of staff analysis and its
factual underpinnings, as well as inform the public; I argue the merits of decisions
with my fellow City Council Members.
• I communicate any concerns I have about city functions, staff analyses or individual
staff performance to and through the city manager.
June 1, 2023 Item #1 Page 5 of 25
Carlsbad City Council Code of Ethics & Public Service Values
Nov. 16, 2021
________________________
3
• I act on the understanding that I am part of a group decision-making process and
that staff take direction from City Council collective action.
Value: Responsibility
1. I model and promote clear communication. In practice, this means that:
• I support defining important words, terms, and context, avoiding jargon (including
use of acronyms) and using examples.
• I ask questions to test any inferences and assumptions I may be inclined to make
based on what I am hearing people say; I support others doing likewise.
• I am direct and transparent in explaining my reasoning, interests, goals and
intentions to help others understand what I am saying and why. I contribute to an
interpersonal environment that supports such transparency and forthrightness from
others to help move conversations forward with the goals of finding common
ground and maximizing the public’s best interests.
• I verify (fact check) statements reportedly made by a colleague directly with that
colleague.
• I make myself available for one-on-one conversations about the values in this code.
• I am transparent and publicly disclose relevant information.
2. I work collaboratively to improve our community’s quality of life and promote the
public’s best interests. In practice, this means that:
• I gain value from diverse perspectives and consider them in my decision-making.
• I recognize that I am an agent for the democratic process, not the owner of
authority.
• I seek information from community members and my colleagues about what
qualities an acceptable solution might have to a problem (their interests), in addition
to hearing what their positions are.
3. I consider the larger picture in my decision-making and actions. In practice, this means
that:
• I consider the short-, medium-, and long-term effects of my decisions and actions.
• I strive to foster effective relationships with state, regional and other public agencies
and their officials.
4. I am accountable for my actions and words. In practice, this means that:
• I am prepared to make unpopular decisions when my sense of the public’s best
interests requires it.
June 1, 2023 Item #1 Page 6 of 25
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Carlsbad City Council Code of Ethics & Public Service Values
Nov. 16, 2021
________________________
4
• I take responsibility for my actions, even when it is uncomfortable to do so. This
includes apologizing when I realize that my behavior has fallen short of the
aspirational standards in this code.
• As part of my commitment to growth and learning, I am open to constructive
feedback from my colleagues and others—ideally first expressed on a human-to-
human (one-on-one) basis--when they think I may have acted in a way that falls
short of my goal of the values-based decision-making and the behaviors described in
this code.
• I keep open communication with my fellow City Council members when speaking or
making presentations in other City Council members’ districts.
• I will review these code provisions with my colleagues at least annually, looking for
opportunities to refine, improve and/or update the provisions given current
developments and dynamics.
Values: Compassion and Fairness
1. I am empathetic and care about the needs of the public, my colleagues and staff. In
practice, this means that:
• When interacting with others, I put myself in others’ shoes, understanding that
people have different lived experiences.
• I am sensitive that those interacting with public officials, whether staff or
community members, can be intimidated by public officials and public agency
processes. I try to make interactions with the City Council as stress-free as possible.
• My actions reflect an awareness that people respond to both verbal (including tone
of voice) and non-verbal cues; I also recognize that some people, including me, can
interpret verbal and non-verbal cues differently, depending on the attributes of the
source.
• I use active listening techniques (repeating back, follow-up questions, taking notes
as appropriate, and other verbal and non-verbal cues) to demonstrate that I am
hearing and listening to what people are saying.
• I carefully consider all colleague’s and public’s perspectives and input when making
decisions.
• I value the personal experiences that contribute to my colleagues’ and the public’s
views on a given matter.
• I initiate one-on-one conversations with those who have different positions on
issues to better understand those positions; I look for opportunities to identify
shared values and interests.
• I view the opportunity to provide feedback to my colleagues relating to values-based
decision-making—ideally first on a human-to-human (one-on-one) basis—as
opportunities for mutual understanding, growth and learning.
June 1, 2023 Item #1 Page 7 of 25
Carlsbad City Council Code of Ethics & Public Service Values
Nov. 16, 2021
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• I understand that everyone makes mistakes and, in the spirit of collegiality, I accept
apologies when they are offered. I set aside grudges that may be tempting to hold.
• I look for opportunities to celebrate generative, positive examples of the application
of this code.
2. I embrace our community’s and city team’s diversity. In practice, this means that:
• I consider the diversity, equity and inclusion implications of policy decisions I make.
• I participate in regular educational activities to enhance my insights into a wide
variety of diversity, equity and inclusion issues.
3. I promote fair and consistent processes. In practice, this means that:
• I make decisions on policies, hiring and contracting prioritizing merit and value to
the community and equitable practices rather than favoritism and/or family or
personal relationships.
• I honor the law’s and the public’s expectation that city policies will be applied
consistently.
• I am impartial in my decision-making and do not favor those who either have
helped me (or are in a position to do so) and disfavor those who have not (or are
not).
• I make it a practice to communicate equitably with members of the community,
irrespective of their influence, power or campaign donations.
• I make a conscious effort to avoid favoritism or bias (including unintended bias) in
my actions and decisions.
Value: Integrity
1. I am truthful with my colleagues, the public and others. In practice, this means that:
• I carefully consider any promise I make and then I keep it; I make only promises I
believe are realistic.
• I treat information I receive with a spirit of inquiry and presumed positive intent; I
fact-check information as necessary with colleagues, staff and others.
• I honor commitments I and my agency make.
• I credit others’ contributions to moving our community’s interests forward.
• I only disclose confidential information when I am authorized to do so.
• I explain the official positions of the city to the best of my ability when I am
authorized to do so. I am clear in stating my own views that these views may or
may not represent the city’s position.
June 1, 2023 Item #1 Page 8 of 25
Carlsbad City Council Code of Ethics & Public Service Values
Nov. 16, 2021
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2.My actions are consistent with my words. In practice, this means that:
•I follow through on the commitments I make.
•Building and maintaining trust is an ongoing process. I act in ways that promote
the public’s trust in both 1) the city as an expression of community democratic
processes and 2) my own role as a member of the city’s governing body.
3. I comply with both the letter and the spirit of laws that are designed to promote public
trust and confidence in our agency’s decision-making. In practice, this means that:
•I demonstrate, by my actions and my words, that I am a guardian of the public’s
trust and confidence in the city, its elected officials and staff.
•I use public resources for public purposes, not for private benefit or political
purposes.
•I decline and do not seek gifts, favors, and other special treatment.
•I make decisions based on my sense of the public’s best interests. In so doing, I am
mindful of the nonpartisan nature of city, county, school and judicial offices
provided for in California’s Constitution.
June 1, 2023 Item #1 Page 9 of 25
Quality Code Data 3/13/2023, Page 47
Chapter 1.20
MEETINGS
Sections:
1.20.010 Policies applicable to all meetings.
1.20.020 Regular, special and emergency city council meetings.
1.20.030 Adjournment of meetings.
1.20.040 Quorum.
1.20.050 Confidentiality of closed sessions.
1.20.060 Council agenda.
1.20.070 Agenda packet.
1.20.080 Minutes.
1.20.090 Recordings of meetings.
1.20.100 Role of the presiding officer.
1.20.110 Commencement of meetings.
1.20.120 Consent calendar.
1.20.130 General rules of procedure.
1.20.140 Public participation.
1.20.150 Use of city equipment.
1.20.160 Conduct of public hearings.
1.20.170 Decision following a public hearing.
1.20.180 Application to administrative hearings.
1.20.190 Application of procedures required by law.
1.20.200 Evidence—Record of proceedings.
1.20.210 Subpoenas.
1.20.220 Enforcement of decorum.
1.20.230 Motions.
1.20.240 Rules relating to motions.
1.20.250 Council action.
1.20.260 Resolutions.
1.20.270 Ordinances.
1.20.280 Correction of documents.
1.20.290 Failure to observe procedures—waiver.
1.20.300 Limitation on liability.
1.20.310 Appeals procedure.
1.20.320 Correspondence addressed to the city council.
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 pub-
lic are expected to observe good order and decorum, and to not by conversation or otherwise, improp-
erly 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
Exhibit 2
CARLSBAD MUNICIPAL CODE
June 1, 2023 Item #1 Page 10 of 25
Quality Code Data 3/13/2023, Page 48
their own voice or actions in a manner that is loud, boisterous or unruly where such conduct is substan-
tially 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 ef-
ficient 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 inter-
ruption or interference and warned that continued interruption or interference may result in re-
moval 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 re-
moval of individuals who are willfully interrupting the meeting, the presiding officer, subject to ob-
jection 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 res-
olution. Regular city council meetings will be held at City Hall in the City Council Chamber, unless a dif-
ferent 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 man-
ager 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 dis-
cussed at the meeting. A special meeting regarding the salaries, salary schedules or compensation
paid in the form of fringe benefits, of the city manager, city attorney, any department head or other ex-
ecutive level employee is prohibited, however, special meetings to discuss the city’s budget are permit-
ted.
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 agen-
cy 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 re-
quired 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 notic-
es. (Ord. CS-329 § 3, 2018)
June 1, 2023 Item #1 Page 11 of 25
Quality Code Data 3/13/2023, Page 49
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 ma-
jority 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 major-
ity 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 par-
ticipation 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;
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 recom-
mended 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 per-
sons 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 es-
tablished council priorities, the city’s business and governmental needs, and requirements of applica-
June 1, 2023 Item #1 Page 12 of 25
Quality Code Data 3/13/2023, Page 50
ble law. Items of business may be placed on the agenda by any member of the council, the city man-
ager 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 agen-
cy 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 busi-
ness placed on an agenda by the city manager or by council action. The city attorney is responsible for
all staff reports and other documents relevant to each item of business placed on the agenda by the
city attorney. Matters placed on the agenda by a council member do not require a staff report, but the
council member may provide a report or other documents relevant to the item the council member has
requested to be placed on the agenda. The city manager or city attorney may provide a report or rec-
ommendation 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 be-
June 1, 2023 Item #1 Page 13 of 25
Quality Code Data 3/13/2023, Page 51
fore 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 address-
ing 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 ac-
tion 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 reten-
tion is required by the city council, the city manager or the city attorney.
B. Prior to reuse or erasure, members of the public may hear the recordings of the city council meetings
during office hours when it will not inconvenience the ordinary operation of the clerk’s office; brief or
shorthand notes may be made; recordings may be duplicated under procedures established by the
clerk. The city clerk is further authorized to allow the equipment to be used by the public for listening or
recording purposes when such equipment is not necessary for use by the city clerk in the ordinary
function of the office. Except as provided for in Chapter 1.16, unless a request to prepare a transcript is
timely submitted and accepted, the city clerk is not authorized to provide a transcript of any recording.
The city clerk may establish rules and regulations necessary to protect the safety of the records
against theft, mutilation or accidental damage, to prevent inspection or recording from interfering with
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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 there-
of, by filing a written request with the city clerk 24 hours prior to the meeting. If such a request is re-
ceived, 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 as-
sure 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 ob-
struction 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 mem-
bers 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 ques-
tion 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 attor-
ney 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 mem-
bers 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)
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1.20.120 Consent calendar.
An agenda may contain a consent calendar of items grouped together for action by single motion and with-
out discussion when the items are considered by the city manager to be routine, noncontroversial or in the
nature of housekeeping matters. The actions recommended or requested by the city manager will be includ-
ed 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 or-
der deemed appropriate. A council member may record a negative vote or an abstention on a consent cal-
endar 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 of-
ficer, 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. Ques-
tions 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 appro-
priate.
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 inter-
ruption, except an interruption by the presiding officer to preserve order, subject to applicable time lim-
its. 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 wel-
fare 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 sys-
tem 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 amend-
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ment 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 pre-
siding 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 mem-
ber of the city council who did not vote in the affirmative requests that the matter remain open for fur-
ther 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 con-
sidered, 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 partic-
ular 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 pro-
spectively 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 meet-
ing. 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 pur-
pose. The total amount of time set aside for this purpose at the beginning of the meeting will not ex-
ceed 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 be-
fore public comment is called. The presiding officer, with the unanimous consent of the council, may al-
low 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 per-
sons 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 mem-
ber of the public will be permitted to speak for up to three minutes, unless the presiding officer has an-
nounced 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
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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 pub-
lic may address the council without first being recognized by the presiding officer and securing permis-
sion to do so by a majority vote of the city council.
F. To facilitate organized presentations, a representative of a group of persons may submit a request to
speak on behalf of the group. The representative must identify the group and list not fewer than three
members of the group who will be present during the meeting at which the presentation is made. The
presentation on behalf of the group may not exceed 10 minutes unless additional time is authorized by
a majority of the quorum.
G. For items listed on the agenda, members of the public will generally be invited to speak following the
staff presentation, if any, and before city council discussion of the item. For items removed from the
consent calendar at the request of a member of the public, the presiding officer may invite the speaker
to address the council and may defer or waive presentation of a staff report. (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 agen-
da 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. Hear-
ing 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 re-
ceived 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 di-
rectly 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.
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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 wit-
ness 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 ac-
cepted 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 hear-
ing 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 meet-
ing, provided notice is first given in the manner required for the initial hearing.
I. A public hearing may be continued to a date certain any time before the closing of the hearing in order
to permit presentation of additional written or oral evidence, or return the matter to the planning com-
mission 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 re-
turned to the planning commission for further consideration, the presiding officer must publicly an-
nounce that the matter has been returned to the planning commission for consideration and may an-
nounce 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 hear-
ing, the clerk will post a notice of continuance in the same manner as for posting notices of an ad-
journed meeting, however no further public notice is required. If the presiding officer does not an-
nounce the date, time and place for continuance of the matter following return to the planning commis-
sion, 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 in-
dicate its intended decision and instruct the city attorney to return with the resolution or ordinance nec-
essary 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 deci-
sion 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.
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B. During the public hearing for a quasi-judicial matter, council members must disclose information re-
ceived from individuals or groups, site visits or investigations if the information is not otherwise includ-
ed in the information presented to the council in the agenda packet or presentations by the staff or ap-
plicant. 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 pre-
vail 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, spe-
cific plan, ordinance, resolution or other record of official action of the city, and facts of common, gen-
eral 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 ap-
propriate to afford a full presentation of the facts necessary or convenient for judicious consideration of
the matter which is the subject of the council’s consideration may be presented at the discretion of the
presiding officer. Failure of the presiding officer to strictly enforce rules of evidence or to reject matters
that may be irrelevant or immaterial does not affect the validity of the hearing. Any procedural errors
that do not materially affect the substantial rights of the parties will be disregarded. Rulings of the pre-
siding officer are subject to change by the city council in the same manner as any other procedural or-
der.
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 sum-
mary of the information as part of the staff presentation or upon request of the presiding officer. In addi-
tion, 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 dis-
played 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 authori-
zation by the presiding officer; and
4. Information obtained outside the Council Chamber, such as a view of the site, provided the infor-
mation, 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 ap-
proval of the city attorney. Items that are large, perishable, bulky or otherwise difficult to store may be
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returned to the person submitting the item provided that the clerk retains a photographic, video or digi-
tal record of the item. The clerk may make and retain photographic, video or digital records of proceed-
ings 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 or-
ders 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 po-
lice department to accomplish that purpose. The city council may require the presiding officer to en-
force the rules upon approval of a motion by any council member.
B. Any person, including any member of the council or city staff, who by voice or conduct engages in loud,
boisterous or unruly behavior that substantially disrupts a council meeting or otherwise disrupts a
meeting by failing to comply with the rules established by this chapter, and continues to do so after the
presiding officer has directed the person to stop, commits an offense punishable as an infraction.
C. Any person arrested under subsection B of this section and who thereafter returns to the same meeting
and again violates the provisions of subsection B of this section, commits an offence punishable as a
misdemeanor.
D. Any person previously convicted under subsection B of this section, who again violates the provisions
of subsection B of this section, commits an offence punishable as a misdemeanor. (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 presen-
tation 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;
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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 debat-
able 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 meet-
ing.
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 mo-
tion to defer is also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
4. Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or questions and to bring such
question or questions to vote immediately. If the motion passes, a vote shall be taken on the
pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or
to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the proposed lim-
it 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.
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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 sepa-
rate 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 “ap-
prove” 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 mo-
tion 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)
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)
June 1, 2023 Item #1 Page 23 of 25
Quality Code Data 3/13/2023, Page 61
1.20.280 Correction of documents.
The city clerk, with the consent of the city attorney, is authorized to correct any typographical or other tech-
nical 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 origi-
nal 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 af-
fect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in con-
formity 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 govern-
ing 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 manda-
tory 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 coun-
cil, 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 con-
sistent with existing city policy. Matters requiring city council action may be placed on the agenda by the city
manager in the manner provided in this chapter. On a weekly basis, the manager will provide the mayor and
council members with correspondence received and a report of any administrative action taken. Corre-
spondence relating to an item on the agenda for a council meeting will be provided to the city clerk for inclu-
sion 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)
June 1, 2023 Item #1 Page 24 of 25
Jennifer Coyle Bio
As the founder and President of North Star, Jennifer Coyle
works with public and private sector organizations in all areas
of performance improvement. Jenn supports several cities in
California with their Diversity & Inclusion initiatives, as well
team alignment and talent development. She has degrees from
Georgetown and the University of Miami, is certified in
Diversity and Inclusion from Cornell, and has a Lean/Six Sigma
black belt. As an executive coach, Jenn is a member of the
invitation-only Virtuoso coaching community, dedicated to
mentoring coaches and raising the caliber of the global
professional coaching industry towards excellence.
Exhibit 3
June 1, 2023 Item #1 Page 25 of 25
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Council,
Teri Jacobs <tjacobs86@pacbell.net>
Wednesday, May 31, 2023 9:42 AM
City Clerk
6/1 Agenda
All Receive -Agenda Item# j_
For the Information of the:
_p TY COUNCIL
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CM v"ACM v'DCM (3).::_ --
Implicit Bias? There is a budget workshop discussing our financial situation Thursday evening yet we are spending staff
time (tax dollars) for a special meeting to discuss behavior of Council. Elected officials should already know how to act!
. Please get back to doing the business of our city.
Regards,
Teri Jacobs
Carlsbad resident
Dist 1
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1