HomeMy WebLinkAbout2023-09-12; City Council; ; Amendments to Carlsbad Municipal Code Chapter 1.20 - MeetingsCA Review CKM
Meeting Date: Sept. 12, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Sheila Cobian, Director of Legislative and Constituent Services
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Amendments to Carlsbad Municipal Code Chapter 1.20 - Meetings
Districts: All
Recommended Action
Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.20 - Meetings.
Executive Summary
As part of a continuing effort to review and update the Carlsbad Municipal Code, staff are
recommending amendments to Chapter 1.20 of the code, the chapter related to meetings. The
recommended revisions will update the code to include current practices, clearer guidelines
and City Council direction.
Explanation & Analysis
The City Council adopted Carlsbad Municipal Code Chapter 1.20 - Meetings in 2018. This
chapter established the procedures applicable to public meetings.
At a special meeting held on June 1, 2023, staff asked the City Council to provide feedback on
any changes it desired to Chapter 1.20. The City Council directed staff to return with the
following, in addition to staff-recommended amendments:
1.Move action to approve appointments to boards and commissions to earlier on the
agenda
2.To prepare options for limiting the amount of time Council Members spend delivering
concluding remarks relating to agenda items prior to a vote being initiated.
Based on the City Council’s input at that meeting, staff have drafted the proposed ordinance for
the City Council’s consideration and adoption. The proposed ordinance amends Section
1.20.060 City Council agenda by adding a new section on the agenda, “Appointments,” which
will be considered directly after the consent calendar.
Sept. 12, 2023 Item #4 Page 1 of 36
If the City Council wishes to limit the amount of time Council Members spend delivering
concluding remarks relating to agenda items prior to a vote being initiated staff suggest
amending Section 1.20.100(B) Role of the Presiding Officer as follows:
The Presiding Officer will endeavor to conduct the meeting in an orderly,
even-handed and businesslike manner and in substantially the order and
manner provided on the agenda. Council Members should have a full and
equal opportunity to express their respective views. Matters should be fully
deliberated before action is taken. Once the Presiding Officer calls for final
comments on the item, each City Council Member shall have up to two
minutes to deliver their concluding remarks related to the item prior to
initiation of a City Council vote on the item.
Staff surveyed the cities in San Diego County to find out which agencies limit the amount of
time Council Members spend delivering concluding remarks relating to agenda items prior to a
vote being initiated and found that only the City of Oceanside and the City of San Diego have
such a limit.
Staff are also proposing amendments to Section 1.20.010(D) and Section 1.20.220(B) to align
these sections with California Government Code sections 54957.9 and 54957.95, addressing the
removal of individuals who disrupt City Council meetings.
Finally, staff are proposing amendments to Section 1.20.270 to make it consistent with a recent
revision to California Government Code Section 36934, which allows the City Council to
dispense with the titling or reading of an ordinance if the title is included on the published
agenda and a copy of the full ordinance is made available to the public online and in print at the
meeting prior to its introduction or passage.
All of the proposed revisions are shown in Exhibit 2.
Fiscal Analysis
The existing FY 2023-2024 budget for the City Clerk’s Office includes sufficient funding for the
cost of amending the referenced code sections.
Options
Staff provide the following options for the City Council’s consideration:
Option 1 - Introduce the ordinance amending Carlsbad Municipal Code Chapter 1.20 –
Meetings as proposed.
Option 2 - Introduce the ordinance amending Carlsbad Municipal Code Chapter 1.20 –
Meetings to include language limiting the time of final City Council comments under
Chapter 1.20.100(E) Role of the Presiding Officer.
Discussion points
• Does the City Council wish to limit the time of final City Council comments?
• If so, how many minutes does the City Council wish to limit it to?
Sept. 12, 2023 Item #4 Page 2 of 36
Next Steps
The City Clerk will prepare the ordinance for adoption at the next regular City Council
meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the
ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective
30 days following their adoption.
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.
Exhibits
1.City Council ordinance
2.Proposed revisions to Carlsbad Municipal Code Chapter 1.20 Meetings
Sept. 12, 2023 Item #4 Page 3 of 36
ORDINA�CE NO. CS-459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.20 -
MEETINGS
WHEREAS, The City Council adopted Carlsbad Municipal Code Chapter 1.20 Meetings in 2018
which established procedures applicable to public meetings; and
WHEREAS, amendments to Chapter 1.20 related to meeting are necessary to update the code
to include current practices, clearer guidelines and City Council direction.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1.The above recitations are true and correct.
2.That Carlsbad Municipal Code Chapter 1.20 is amended to read as follows:
Sections:
1.20.010
1.20.020
1.20.030
1.20.040
1.20.050
1.20.060
1.20.070
1.20.080
1.20.090
1.20.100
1.20.110
1.20.120
1.20.130
1.20.140
1.20.150
1.20.160
1.20.170
1.20.180
1.20.190
1.20.200
1.20.210
1.20.220
1.20.230 1.20.240 1.20.250
1.20.260 1.20.270
1.20.280
1.20.290
1.20.300
1.20.310
Chapter 1.20
MEETINGS
Policies applicable to all meetings.
Regular, special and emergency City Council meetings.
Adjournment of meetings.
Quorum.
Confidentiality of closed sessions.
City Council agenda.
Agenda packet.
Minutes.
Recordings of meetings.
Role of the Presiding Officer.
Commencement of meetings.
Consent calendar.
General rules of procedure.
Public participation.
Use of city equipment.
Conduct of public hearings.
Decision following a public hearing.
Application to administrative hearings; disclosure of ex pa rte communications.
Application of procedures required by law.
Evidence-Record of proceedings.
Subpoenas.
Enforcement of decorum.
Motions.
Rules relating to motions.
City Council action.
Resolutions.
Ordinances.
Correction of documents.
Failure to observe procedures-waiver.
Limitation on liability.
Appeals procedure.
Exhibit 1
Sept. 12, 2023 Item #4 Page 4 of 36
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 Section 54950
et seq., referred to in this code as the “Brown Act”) and this chapter. Terms defined in the Brown Act have
the same meaning when used in this chapter.
B. Meetings will be open and public, except for closed sessions held as authorized by the Brown Act.
C. When a meeting is in session, Council Members, city officers and employees, and members of the public
are expected to observe good order and decorum, and to not by conversation or otherwise, improperly delay
or interrupt the proceedings or refuse to obey the lawful directives of the Presiding Officer.
D. 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 it is important to remember that
no one has a constitutional right to disrupt a public meeting by attempting to impose their own voice or
actions in a manner that is loud, boisterous or unruly where such conduct is substantially disruptive of the
meeting itself and continues after the Presiding Officer has requested the person or persons to stop. The
issue in such cases is not about the content of speech, unless the content itself violates the law, but rather
with the extent of disruption caused to the meeting itself by the manner and conduct of the disrupter’s actions.
Therefore, to promote civic engagement, orderly deliberation and efficient conduct of city business, the
following general rules of conduct apply to all city meetings:
1. Interactions among all meeting participants will be conducted in a mutually respectful manner rather
than an insulting, demeaning, intimidating or offensive manner.
2. Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of business will not
be tolerated. This conduct includes failing to comply with reasonable and lawful regulations adopted
by the City Council and engaging in behavior that constitutes use of force or a true threat of force
Section 54957.95 of the Brown Act.
3. Individuals who continue to disrupt, disturb, impede or render infeasible the orderly conduct of a
meeting may be removed from the meeting under Section 54957.9 of the Brown Act after the Presiding
Officer has directed the person to cease the disrupting behavior and warned that continued disrupting
behavior may result in removal from the meeting. If a meeting is willfully interrupted by a group or
groups of persons and order cannot be restored by the removal of those individuals, the Presiding
Officer, subject to objection by a majority of Council Members in attendance, may order the meeting
room cleared and the meeting may continue as provided in Section 54957.9 of the Brown Act.
4. 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.
1.20.020 Regular, special and emergency City Council meetings.
A. Regular City Council meetings will be held on the dates and at the times established by City Council
resolution. Regular City Council meetings will be held at City Hall in the City Council Chamber, unless a
different location has been designated by the Mayor or action of the City Council. If the Mayor, a majority of
the City Council, City Manager, Fire Chief, Police Chief or Building Official determines that the Council
Chamber is unsafe for a meeting due to an emergency, regular meetings may be held for the duration of the
emergency at a location designated on the agenda or other notice of the meeting.
B. Special City Council meetings may be called by the Mayor, a majority of the City Council, the City Manager
or the City Attorney. Notice of a special meeting must be given and posted as provided in Section 54956 of
the Brown Act. The notice must include the date, time and location of the meeting, and a brief statement of
the business to be transacted or discussed. For special meetings, public comments can be made on
agendized items only. No other business may be transacted or discussed 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 executive level employee is prohibited, however,
special meetings to discuss the city’s budget are permitted.
Sept. 12, 2023 Item #4 Page 5 of 36
C. During emergency situations, meetings may be held as provided in Section 54956.5 of the Brown Act.
D. City Council meetings may be held concurrently as meetings of the legislative body of any public agency the
governing body of which is comprised of the members of the City Council. When a concurrent meeting is
held, the Presiding Officer or City Clerk will commence the meeting with the announcement required by
Section 54952.3 of the Brown Act. The agenda shall 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 Services staff and City Manager are authorized and directed to prepare, deliver and post
meeting notices.
1.20.030 Adjournment of meetings.
Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided by law. The
Presiding Officer may adjourn any meeting without need for a motion and absent the objection of a majority of the
quorum. Once adjourned, a meeting may not be reconvened, except at the time and place stated in the notice of
adjournment. A regular meeting may not be adjourned to a date beyond the next regular meeting. The City Clerk
Services staff and City Manager are authorized and directed to prepare, deliver and post notices of adjournment.
A notice of adjournment is not required when a meeting is adjourned without specification of the time and date
when it will be reconvened.
1.20.040 Quorum.
A quorum necessary for the transaction of business at a meeting of the City Council exists whenever a majority
of the City 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 City Council or the City Clerk. A Council Member disqualified
from participation in a matter due to a conflict of interest will not be counted toward achieving a quorum as to that
matter. If a disqualification due to a conflict of interest results in the lack of a quorum, consideration of the matter
will be deferred until either a quorum of non-disqualified Council Members is present, or a quorum is determined
as defined in and subject to the regulations of the Fair Political Practices Commission.
1.20.050 Confidentiality of closed sessions.
The privilege of confidentiality of closed sessions is held by the City Council.
No person may disclose any information communicated during a closed session. This prohibition does not apply
to:
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; or
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.
1.20.060 City Council agenda.
A. The City Clerk, under direction of the City Manager, will prepare an agenda for each City Council meeting.
The agenda for a special or emergency meeting may be combined with the notice of the meeting.
B. An agenda will contain the following information:
1. The date, time and location of the meeting;
2. The order of business and a brief general description of each item of business to be transacted or
discussed at the meeting, including a brief statement of the specific action requested or recommended
to be taken by the City Council;
3. A description of each closed session matter substantially in the manner authorized by Section 54954.5
of the Brown Act;
Sept. 12, 2023 Item #4 Page 6 of 36
4. Information relating to special services available to persons with disabilities to permit those persons to
participate in the meeting.
An agenda may contain other information relating to the conduct of the meeting, time limits for public
participation, rules of decorum, presentation of materials and other similar matters.
C. The City Manager is responsible for scheduling matters for consideration by the City Council based on
established City Council priorities, the city’s business and governmental needs, and the requirements of
applicable law. Items of business may be placed on the agenda by any Council Member, the City Manager
or the City Attorney, or by City Council action. City Council-originated items must be submitted to the City
Manager not less than seven days before the date of the City Council meeting at which the member desires
the item to appear on the agenda. Nothing in this section precludes a Council Member from requesting City
Council action to place an item on the agenda for a future meeting.
D. The City Clerk Services staff is authorized and directed to post agendas in accordance with applicable law,
including posting on the city’s website. The City Clerk Services staff is also authorized and directed to mail
agendas to persons and organizations who have filed a request for a mailing of agendas. 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. Roll call
3. Announcement of concurrent meetings
4. Pledge of allegiance
5. Approval of minutes
6. Presentations
7. Public report of any action taken in closed session
8. Public comment on matters not listed on the agenda
9. Consent calendar
10. Board and Commission Member Appointments
11. Ordinances for introduction
12. Ordinances for adoption
13. Public hearings
14. Departmental and City Manager reports
15. City Council commentary and requests for consideration of matters
16. Public comment (continuation)
17. Announcements
18. City Manager comments
19. City Attorney comments
20. City Clerk comments
21. Adjournment
F. When a meeting is a concurrent meeting of the City Council and the legislative body of any public agency
the governing body of which is comprised of the members of the City Council, action will be deemed to have
been taken by the appropriate legislative body with jurisdiction over the matter.
1.20.070 Agenda packet.
A. The City Manager is responsible for all staff reports and other documents relevant to each item of business
placed on an agenda by the City Manager or by City 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. For matters placed on the agenda by a Council Member, the Council Member may provide
Sept. 12, 2023 Item #4 Page 7 of 36
information or other documents relevant to the item so that staff can prepare a brief report on the Council
Member’s behalf. The City Manager or City Attorney may provide a report or recommendation relating to a
matter placed on the agenda by a Council Member. Staff reports and other documents relevant to items of
business, including reports and other documents provided by a Council Member with respect to an item
placed on the agenda by that Council Member, must be delivered to the City Clerk by the deadline
established by the City Manager. The City Clerk Services staff, under the direction of the City Manager, is
responsible for compiling the reports and other documents and for preparing an agenda packet.
B. Staff reports, ordinances, resolutions and contract documents must be prepared or approved by the City
Attorney before delivery to the City Clerk Services staff 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 made available 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 City Council and made available to the
public at the meeting. The City Clerk Services staff is also authorized and directed to mail agenda packets
to persons and organizations who have filed a request for a mailing of agenda packets and have paid the
fee in the amount established by the city for that service. Agenda packets may be made available and
delivered in electronic format.
1.20.080 Minutes.
A. The City Clerk Services staff is responsible for the minutes of all City Council meetings. The minutes will be
a record of each particular type of business transacted, summary action not a verbatim transcript of the
proceedings. The minutes may include the names of persons addressing the City 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 City Clerk Services staff 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 City 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...” or “For the record…”
B. The City Clerk Services staff will prepare proposed minutes and present them to the City Council for
approval.
C. The minutes may be approved without reading if the City Clerk Services staff 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 Services staff must be verified
by the City Clerk Services staff 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.
1.20.090 Recordings of meetings.
A. All City Council meetings are recorded as an aid in the preparation of minutes and posted on the city’s
website for public access. Recordings will be retained in accordance with the city’s adopted Records
Retention Schedule unless a longer retention is required by the City Council, the City Manager or the City
Attorney.
B. If any person desires to have a matter reported by a stenographer, such person may employ one directly at
the person’s expense. The City Manager may make reasonable accommodations to assure that the
stenographer is seated at a position at the meeting to facilitate accurate reporting.
C. Any person may film, videotape, 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
Sept. 12, 2023 Item #4 Page 8 of 36
obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. Meetings
may be televised by any person if it can be accomplished without noise, illumination or obstruction of view
that constitutes or would constitute a persistent disruption of the proceedings.
1.20.100 Role of the Presiding Officer.
A. The Presiding Officer is the Mayor, or in the Mayor’s absence, the Mayor Pro Tem. In the absence of both
the Mayor and Mayor Pro Tem, the Presiding Officer will be selected from among the Council Members
constituting the quorum for the meeting. In the absence of the Mayor and Mayor Pro Tem, the City Clerk
shall call the City Council meeting to order, and 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 City Council.
B. The Presiding Officer will endeavor to conduct the meeting in an orderly, even-handed and businesslike
manner and in substantially the order and manner provided on the agenda. Council Members should have
a full and equal opportunity to express their respective views. Matters should be fully deliberated before
action is taken.
C. The Presiding Officer may move, second, debate and vote from the chair. The Presiding Officer is not
deprived of any of the rights and privileges of a Council Member due to acting as Presiding Officer. The
Presiding Officer, or such person as the Presiding Officer may designate, may verbally restate each question
immediately prior to calling for the vote.
D. The Presiding Officer is responsible for the maintenance of order and decorum at all meetings. The Presiding
Officer will decide all matters of order and procedure under this chapter, subject to the right of any Council
Member to request a ruling by the quorum and the question shall be, “Shall the decision of the presiding
officer be sustained?” Requests for a ruling by the quorum require a second and will be promptly considered.
A majority vote of the quorum will conclusively determine the question.
1.20.110 Commencement of meetings.
At the time set for each regular meeting, each member of the City Council, the City Manager, City Clerk, City
Attorney and such department heads or others as have been requested to be present shall take their regular
places in the City Council Chamber or other set meeting location. The Presiding Officer will call the meeting to
order. Before proceeding with the business of the City Council, the City Clerk will call the roll of the Council
Members and the names of the Council Members present will be entered in the minutes. If the meeting is a
concurrent meeting of the City Council and one or more legislative bodies of a public agency for which the City
Council is the governing body, the Mayor or the Presiding Officer will also make the announcement required by
law.
1.20.120 Consent calendar.
An agenda may contain a consent calendar of items grouped together for action by single motion and without
discussion when the items are considered by the City Manager to be routine, noncontroversial or in the nature of
housekeeping matters. The actions recommended or requested by the City Manager will be included in summary
form in the agenda description of each consent calendar item. Before accepting a motion to approve the consent
calendar, the Presiding Officer will ask if any Council Member, city officer or employee, or member of the public
desires to be heard on one or more consent items. In that event, the Presiding Officer will defer action on the
particular matter or matters as part of the regular agenda in any order deemed appropriate. A Council Member
may record a negative vote or an abstention on a consent calendar item without removing the item for discussion
by so stating prior to the vote on the motion to approve the consent calendar. A request from the public to discuss
an item on the consent calendar must be filed with the City Clerk in writing prior to the commencement of City
Council consideration of the consent calendar. The City Clerk Services staff is directed to include on an agenda
containing a consent calendar, a statement of this requirement along with a summary of the procedure for
consideration of consent calendar items.
1.20.130 General rules of procedure.
A. Every Council Member, city officer or employee, or any other person desiring to speak during a City Council
meeting must first gain recognition by the Presiding Officer. Following recognition by the Presiding Officer,
Sept. 12, 2023 Item #4 Page 9 of 36
speakers must confine their remarks to the question or matter under consideration, avoiding reference to
character and indecorous language.
B. Every Council Member wanting 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 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 the item is permitted. Questions from a member of the
public must be directed to the Presiding Officer, who may refer the question to any member of the City
Council, the City Manager or the City Attorney as the Presiding Officer deems appropriate.
C. Once a Council Member, city officer or employee, or other person has been recognized and allowed to speak
by the Presiding Officer, the person will be allowed to conclude his or her remarks without interruption, except
an interruption by the Presiding Officer to preserve order, subject to applicable time limits. A Council Member
seeking to raise a point of order or personal privilege must first gain recognition from the Presiding Officer.
If a Council Member while speaking is called to order, the Council Member shall cease speaking until the
question of order is determined, and if determined to be in order, the Council Member may proceed. If
interrupted by the Presiding Officer, city officers and employees and members of the public must cease
speaking until further authorization by the Presiding Officer.
D. The right of a Council Member to address the City Council on a question of personal privilege is limited to
cases in which the Council Member’s integrity, character or motives are questioned or where the welfare of
the City 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 Council Member 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 City Council Chamber, unless the City
Council dispenses with use of the voting system or the system is not functioning. If the voting light system is
not used, voting will be by voice vote or other system by which the vote of each Council Member is made
known to the public. Secret ballots are prohibited.
G. Every Council Member should vote unless disqualified due to a conflict of interest. A Council Member who
abstains from voting acknowledges that a majority of the quorum may decide the question voted upon,
however, ordinances, resolutions, orders for franchise or payments of money or adoption or amendment of
a specific or general plan require the affirmative vote of a majority of the City Council (i.e., three affirmative
votes).
H. For matters that may be decided by a majority of the quorum, tie votes constitute “no action,” and the matter
voted upon remains before the City Council and is subject to further City Council consideration. If the
Presiding Officer determines the City Council is unable to take action on a matter during a meeting because
of a tie vote, the City Clerk Services staff shall place the item on the next regular meeting of the City Council
for further consideration. For matters requiring approval by affirmative vote of a majority of the City Council,
any vote of less than the required number of affirmative votes results in denial of the action, unless a member
of the City Council who did not vote in the affirmative requests that the matter remain open for further
consideration. For matters involving development applications before the City Council because of a
recommendation or appeal from the Planning Commission, if a final decision of the City Council is not
reached within 60 days of the date of the first meeting at which the matter is considered, the matter will be
deemed denied. During this 60-day period, any Council Member may make a written request that the matter
be restored to the City Council’s agenda.
I. A Council Member may change his or her vote immediately following the announcement of the result of a
vote on a matter by the Presiding Officer and before the next item of business. Except in the case of a tie
vote, a Council Member who publicly announces that he or she is abstaining from voting on a particular
matter may not withdraw the abstention.
J. A motion to reconsider any action taken by the City Council may be made only at the meeting at which the
action was taken, including a recessed or adjourned session of the meeting and by a Council Member who
voted with the prevailing side. Consideration of action to rescind, repeal, cancel or otherwise nullify prior City
Council action is in order at any subsequent meeting of the City Council, subject to placement of the matter
Sept. 12, 2023 Item #4 Page 10 of 36
on the agenda in the same manner as any new item of business. The effect of such action will operate
prospectively and not retroactively and will not operate to adversely affect individual rights which may have
been vested in the interim without notice and an opportunity to be heard having been given to the affected
party or parties.
1.20.140 Public participation.
A. Members of the public may address the City Council on items of business listed on an agenda of any
meeting. Persons desiring to address the City Council regarding any 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 consent of the
majority of the quorum, may allow a person who has not filed such a request to address the City Council.
B. At regular meetings, including adjourned regular meetings, members of the public may address the City
Council on items not appearing on the agenda during the portion of the agenda set aside for this purpose.
The total amount of time set aside for this purpose at the beginning of the meeting will not exceed 15 minutes,
additional time will be set aside at the end of the meeting. Persons addressing the City 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 serves as the governing body. Persons desiring to address the City Council on items not
appearing on the agenda must submit a request to speak to the City Clerk before public comment is called.
The Presiding Officer, with the consent of the majority of the quorum, may allow a person who has not filed
such a request to address the City Council. Group time and presentations requiring the use of audio visual
equipment will not be permitted during public comment on matters not appearing on the agenda.
C. The City Clerk will organize speaker slips pertaining to each agenda item in the order received and persons
will be invited to address the City 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 City Council from the podium provided for that purpose. Each member
of the public will be permitted to speak for up to three minutes, unless the Presiding Officer has announced
a shorter duration at the commencement of the item under consideration. A shorter duration may be set
when the Presiding Officer or a majority of the quorum determine that the length and duration of public
comments on a matter would be unduly burdensome and prevent or frustrate the City Council from reaching
a timely decision on the matter. Persons must confine their remarks to the agenda item under consideration.
A speaker may not yield time to another speaker.
E. After the Presiding Officer has closed the public input portion of an agenda item, no member of the public
may address the City Council without first being recognized by the Presiding Officer and securing permission
to do so by a majority vote of the quorum.
F. To facilitate organized presentations, a group of persons may submit a request to speak as a group for items
listed on the agenda only. Groups must select one single member to speak on behalf of that group. The
group representative must identify the group and list not fewer than three additional members of the group
who will simultaneously turn in their own individual speaker cards and 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 City Council and may defer or waive presentation of a staff report.
1.20.150 Use of city equipment.
Persons desiring to use city information system or communication equipment for presentation of information to
the City 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. The time spent
presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to
the City Council during the meeting are part of the public record.
Sept. 12, 2023 Item #4 Page 11 of 36
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 City Council convenes, unless otherwise determined
by the City Manager or directed by the City Council in which case the notice of public hearing and agenda
may state a different time. Public hearings may commence any time after the noticed commencement time
and in any order determined by the City Council. Meetings may be adjourned when necessary or convenient
to complete a public hearing or schedule of public hearings.
C. All documents intended by the city to be part of the record of the public hearing and any correspondence
received by the city pertaining to the subject matter of the public hearing will be available at the Office of the
City Clerk at least 24 hours prior to commencement of the public hearing. This provision does not preclude
the submission by any person of supplemental or additional information during the public 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, the applicant includes any person or entity whose rights or interests are directly the
subject matter of the public hearing.
E. The order of the hearing will be as follows unless otherwise required by law or agreed upon by the city and
the applicant:
1. Presentation of staff and/or Planning Commission report;
2. Questions from the City 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. City Council discussion and action.
F. The Presiding Officer may, set longer time limits than otherwise allowed by this chapter for adequate
presentation of testimony and evidence to provide a fair hearing. The decision of the Presiding Officer may
be appealed to the City Council and determined by a majority of the quorum.
G. Any person, other than a member of the City Council, who wishes to direct question(s) to an opposing witness
shall submit such question(s) to the Presiding Officer, who will ask the question(s) to the witness. The
Presiding Officer may at his or her discretion restrict the number and nature of any questions asked pursuant
to this section.
H. Before commencement of City Council discussion and action, the Presiding Officer may order closed the
public input portion of the public hearing, at which time no further evidence, either oral or written, will be
accepted by the City Council except in response to a question by a Council Member; provided, however,
that this rule may be relaxed by the Presiding Officer where it appears that good cause exists to hear further
evidence concerning the matter which is the subject of the public hearing. Following completion of questions
by Council Members, the Presiding Officer may order the public hearing closed. A public hearing once closed
cannot be reopened on the date set for hearing unless the Presiding Officer determines that all persons who
were present when the public hearing closed are still present. Nothing in this section, however, is intended
to prevent or prohibit the reopening of a public hearing at any subsequent meeting, provided notice is first
given in the manner required for the initial public hearing.
I. A public hearing may be continued to a date certain any time before the closing of the public 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 public
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 public hearing. If the matter is returned to
the Planning Commission for further consideration, the Presiding Officer must publicly announce the matter
has been returned to the Planning Commission for consideration and may announce the date, time and
place of the continued public hearing to receive the further report by the Planning Commission. If the
Sept. 12, 2023 Item #4 Page 12 of 36
Presiding Officer announces the date, time and place of the continued hearing, the clerk will post a notice of
continuance in the same manner as for posting notices of an adjourned meeting, however no further public
notice is required. If the Presiding Officer does not announce the date, time and place for continuance of the
matter following return to the Planning Commission, the public hearing will be noticed in the same manner
as for the initial public hearing.
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 City 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
effect the decision. For decisions that include a quasi-judicial determination, the City Council may adopt the
resolution or ordinance, as presented or as may be amended by the City Council, if it determines that the
findings contained in the document are supported by the evidence presented at the hearing and the decision
is supported by the findings. The City Council’s decision is not final until adoption of the documents.
B. A Council Member who was absent from all or a part of a public hearing shall not participate in a decision
on the matter unless the Council Member has examined all the evidence, including listening to a recording
of the oral testimony or reviewing a videotape or other electronic medium of the proceedings and represents
that he or she has a full understanding of the matter.
1.20.180 Application to administrative hearings; disclosure of ex parte communications.
A. The procedures for the conduct of public hearings will apply to any quasi-judicial administrative hearing
conducted by the City Council except as provided in Section 1.20.190.
B. During the public hearing for a quasi-judicial matter and as required by City Council Policy No. 92, Council
Members must verbally disclose all ex parte communications concerning the subject of the public hearing.
Such disclosure shall include a brief statement describing the name and content of the communication. As
used in this section, ex parte communications are substantive, individual oral or written communications
concerning quasi-judicial matters that occur outside of a noticed public hearing. Ex parte communications
include site visits or investigations made by a Council Member. The Presiding Officer will request disclosure
of ex parte communications from all Council Members before the time for receipt of public comment.
1.20.190 Application of procedures required by law.
Whenever the requirements of this code or other law require that hearings regarding a particular matter be
conducted pursuant to a specific procedure, the provisions of the law establishing the requirements shall prevail
over this chapter to the extent of any inconsistency. Specific rules of procedure for an administrative hearing
established by official action of the City Council, upon recommendation of the City Attorney, will prevail over the
provisions of this chapter to the extent of any inconsistency with respect to that hearing and other hearings of a
similar nature.
1.20.200 Evidence—Record of proceedings.
A. A decision of the City Council may be based on any relevant evidence provided to the City Council for its
consideration of an item and accepted into the record of the proceedings by the Presiding Officer or made a
part of the record of the proceedings pursuant to this section. In addition to oral presentations and documents
presented at a meeting, the City Council may consider any adopted general plan, specific plan, ordinance,
resolution or other record of official action of the city, and facts of common, general knowledge. The rules of
evidence as established by law for judicial proceedings in the State of California are not applicable to
proceedings of the City Council and any credible, relevant evidence appropriate to afford a full presentation
of the facts necessary or convenient for judicious consideration of the matter which is the subject of the City
Council’s consideration may be presented at the discretion of the Presiding Officer. Failure of the Presiding
Officer to strictly enforce rules of evidence or to reject matters that may be irrelevant or immaterial does not
affect the validity of the hearing. Any procedural errors that do not materially affect the substantial rights of
the parties will be disregarded. Rulings of the Presiding Officer are subject to change by the City Council in
the same manner as any other procedural order.
Sept. 12, 2023 Item #4 Page 13 of 36
B. All materials included in the agenda packet for a meeting are evidence and part of the record of the
proceedings for the agenda item to which they pertain. It is not necessary for materials included in the agenda
packet to be read in full or referenced at the meeting; however, the staff may present a summary of the
information as part of the staff presentation or upon request of the Presiding Officer. In addition, any of the
following may be presented to the City Council during the meeting and, if presented are evidence and part
of the record:
1. Exhibits and documents not included in the agenda packet that are used during the presentation by
city staff or persons addressing the City Council and are provided to the City Council;
2. Maps and displays used at the meeting; provided that, whenever practicable, they shall be displayed
in full view of the participants and the audience;
3. All written communications and petitions concerning an item presented at a meeting if the Presiding
Officer grants a request for inclusion in the record; however, reading of communications and petitions
is not required and will generally be permitted only upon authorization by the Presiding Officer; and
4. Information obtained outside the City 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 Services staff will retain the agenda packet, exhibits, reports, maps and other physical
evidence placed before the City Council as public records. Such records may be released by the City Clerk
Services staff 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 City Clerk Services staff
retains a photographic, video or digital record of the item. The City Clerk Services staff may make and retain
photographic, video or digital records of proceedings of meetings subject to the same requirements
applicable to other public records of the city.
D. Whenever any law requires that testimony be presented to the City Council under oath or affirmation, the
Presiding Officer or the City Clerk Services staff may administer the oath or affirmation.
1.20.210 Subpoenas.
The City Council may order the City Clerk to issue, and the chief of police or representative to serve, subpoenas
for any witnesses or records necessary for the production of evidence at any duly scheduled public hearing or
quasi-judicial administrative proceeding.
1.20.220 Enforcement of decorum.
A. The Police Chief or such member of the Police Department as the Chief, or authorized agent, may designate,
is the Sergeant-at-Arms of the City Council. The Sergeant-at-Arms is required to be available to respond to
all meetings immediately upon call, and will attend meetings at the request of the Mayor, City Manager or
majority of the City Council. The Sergeant-at-Arms is responsible for enforcing the orders of the Presiding
Officer given for the purpose of maintaining order and decorum at the City Council meetings. The Sergeant-
at-Arms may, at any time, request assistance from other members of the Police Department to accomplish
that purpose. The City Council may require the Presiding Officer to enforce the rules upon approval of a
motion by any Council Member.
B. Any person, including any member of the City Council or city staff, who by voice or conduct engages in
disrupting conduct prohibited by section 1.20.010(D) of this chapter or otherwise disrupts a City Council
meeting by failing to comply with the rules established by this chapter or any applicable ethics ordinance
adopted by the City Council, 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 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.
Sept. 12, 2023 Item #4 Page 14 of 36
1.20.230 Motions.
A motion is the formal statement of a proposal or question to the City Council for consideration and action. Every
Council Member has the right to present a motion. A motion may be made at any time during consideration of a
matter on the agenda; however, the Presiding Officer may defer recognizing a motion until after presentation of a
report of staff, public comment and questions by members. It is not necessary for a motion to be pending for
deliberation of a matter on the agenda. If a motion is properly made, the Presiding Officer will call for a second.
No further action is required on a motion that does not receive a second. If a motion contains two or more divisible
propositions, the Presiding Officer may divide it and call for a separate vote on each proposition. A motion once
made and seconded may not be withdrawn by the maker without the consent of the second. The Presiding Officer
may, and upon request of any Council Member will, restate a motion before a vote, provided, however, that the
Presiding Officer may request the restatement be made by the City Clerk or City Attorney.
1.20.240 Rules relating to motions.
A. When a main motion is pending, no other motion may be entertained except the following which shall have
precedence, one over the other, in the following order:
1. Adjourn
2. Recess
3. Defer
4. Call the question
5. Limit or extend debate
6. Refer to commission, committee, or staff
7. Amend
8. Continue
9. Main motion
B. A motion may not repeat a motion made previously at the same meeting unless there has been some
intervening City 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 a Council Member while speaking. A
motion regarding a point of order or to direct the Presiding Officer to enforce a provision of this chapter may
be made at any time.
C. The purpose and salient criteria of the motions listed in subsection A are as follows:
1. Motion to adjourn:
Purpose. To terminate a meeting.
Debatable or Amendable. No, except a motion to adjourn to another date, time, or place is debatable
and amendable as to the date, time and place to which the meeting is to be adjourned.
2. Motion to recess:
Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to defer:
Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be taken up
again for consideration during the current meeting or at the next regular meeting. A motion to defer is
also known as a motion to table.
Debatable or Amendable. It is debatable but not amendable.
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.
Sept. 12, 2023 Item #4 Page 15 of 36
Debatable or Amendable. No.
5. Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to
extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the proposed limit or
extension.
6. Motion to refer to commission, committee or staff:
Purpose. To refer the question before the City Council to a commission, committee or city staff for the
purpose of investigating or studying the proposal and making a report back to the City Council. If the
motion fails, discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may be in any of the
following forms: to “add” or “insert” certain words or phrases; to “strike out certain words or phrases
and to add others”; to “replace” certain words, phrases or actions on the same subject matter as the
one pending; to “divide the question” into two or more questions to allow for a separate vote on
particular points. A motion to amend shall relate to the subject of the main motion. A motion to amend,
including a motion to substitute an entire motion for the one pending, shall not be used to change the
nature of the main motion, for example a motion to replace the word “approve” with the word
“disapprove” is prohibited where the nature of the main motion is changed. If a motion to amend passes,
then the main motion should be voted on as amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is debatable. It is
amendable, but a motion to amend an amendment is not further amendable.
8. Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future date or event. If
the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of the main
motion shall not be brought up again until the specified date or event.
Debatable or Amendable. It is debatable and amendable, however amendments are limited to the date
or event.
9. Main motion:
Purpose. The primary proposal or question before the City Council for discussion and decision.
Debatable or Amendable. Yes.
1.20.250 City Council action.
City Council action will be taken by motions approved by vote of Council Members. Action required by law to be
taken by resolution or ordinance may be taken upon approval by the required number of affirmative votes of a
motion to approve or adopt the resolution or ordinance. Action not requiring adoption of a resolution or ordinance,
including providing direction or authorization to a city officer or employee, may be taken by motion recorded in the
minutes of the meeting.
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be included in the agenda packet.
Resolutions will be prepared or approved by the City Attorney before submission to the City Council. It is not
necessary to read the resolution by title or in full; provided it is identified by the Presiding Officer. Where a particular
resolution has not been prepared in advance, a motion may direct the City Attorney to prepare the document and
return it to the City 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
City Council.
Sept. 12, 2023 Item #4 Page 16 of 36
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. As permitted by Government Code
Section 36934, and unless otherwise directed by the City Council, a reading of the title or the ordinance shall not
be required if the title is included on the published agenda and a copy of the full ordinance is made available to
the public online and in print at the meeting prior to its introduction or passage.
1.20.280 Correction of documents.
The City Clerk Services staff, with the consent of the City Attorney, is authorized to correct any typographical or
other technical or clerical error in any document approved by the City Council. Upon correction, the corrected
document may be executed in the manner required of the original and, when properly executed, will replace the
original document, to be effective as of the date of the original document, and to be retained in the files of the City
Clerk.
1.20.290 Failure to observe procedures—waiver.
The provisions of this chapter are adopted to expedite the transaction of the business of the City Council in an
orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules shall not affect
the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity
with law. Nothing in this section shall preclude the Presiding Officer or City Council from taking any action to cure
a violation or alleged violation of the provisions of this chapter or other applicable law governing the conduct of
City Council meetings. Nothing in this section precludes the City Council from correcting a violation or alleged
violation of the Brown Act according to the provisions of that Act.
1.20.300 Limitation on liability.
The procedural provisions of this chapter are directory in nature and shall not be deemed to create a mandatory
duty, the breach of which could result in liability to the city or to any city officer or employee pursuant to state
statute or other law.
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 Services staff 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 City Council consideration in the manner provided in
Section 1.20.060 and provide notice to the aggrieved person of the date, time and place of the meeting at which
the matter will be considered. The aggrieved person will be permitted five minutes to make a presentation to the
City Council, but otherwise, the procedures applicable to items not scheduled for public hearing will apply. The
decision of the City Council regarding the matter is final.
1.20.320 Correspondence addressed to the City Council.
The City Manager is authorized to open and examine all written communications addressed to the City Council,
except correspondence addressed to an individual Council Member. An individual Council Member may authorize
the City Manager to open and examine correspondence addressed to that Council Member. The City Manager is
authorized to take appropriate administrative action to address constituent concerns consistent with existing city
policy. Matters requiring City Council action may be placed on the agenda by the City Manager in the manner
provided in this chapter. On a weekly basis, the City 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 City Council meeting will be provided to the City Clerk Services staff for inclusion in the agenda
packet. The City Manager’s Office and City Clerk’s Office will coordinate on mail received by the City Clerk’s Office
to effectively accomplish the purposes of this section.
Sept. 12, 2023 Item #4 Page 17 of 36
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th
day of September, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of _____ _, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #4 Page 18 of 36
Exhibit 2
Chapter 1.20
MEETINGS
Sections:
1.20.010 Policies applicable to all meetings.
1.20.020 Regular, special and emergency city City council Council meetings.
1.20.030 Adjournment of meetings.
1.20.040 Quorum.
1.20.050 Confidentiality of closed sessions.
1.20.060 City Council agenda.
1.20.070 Agenda packet.
1.20.080 Minutes.
1.20.090 Recordings of meetings.
1.20.100 Role of the presiding Presiding officerOfficer.
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; disclosure of ex parte communications.
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 City 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 City councilCouncil.
1.20.010 Policies applicable to all meetings.
A. Meetings of the city City councilCouncil, 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 et seq., referred to in this code as
the “Brown Act”] ”) and this chapter. Terms defined in the Brown Act have the same meaning when
used in this chapter.
B. Meetings will be open and public, except for closed sessions held as authorized by the Brown Act.
BC. When a meeting is in session, council Council membersMembers, city officers and employees, and
members of the public are expected to observe good order and decorum, and to not by conversation or
otherwise, improperly delay or interrupt the proceedings, n or refuse to obey the lawful directives of the
presiding Presiding officerOfficer.
CD. 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
Sept. 12, 2023 Item #4 Page 19 of 36
and procedure established by this chapter. The city City council Council finds and declares that it is
important to remember that no one has a constitutional right to disrupt a public meeting by attempting
to impose their own voice or actions in a manner that is loud, boisterous or unruly where such conduct
is substantially disruptive of the meeting itself and continues after the presiding Presiding officer 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 en-
gagement, orderly deliberation and efficient conduct of city business, the following general rules of
conduct apply to all city meetings:
1. Interactions among all meeting participants will be conducted in a mutually respectful manner ra-
ther than an insulting, demeaning, intimidating or offensive manner.
2. Use of force or Ttrue threats of violenceforce will not be tolerated.
3. Insulting, demeaning, intimidating or offensive communications will not be tolerated.
42. Conduct intended to that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of
business will not be tolerated. This conduct includes failing to comply with reasonable and lawful
regulations adopted by the City Council and engaging in behavior that constitutes use of force or
a true threat of force Section 54957.95 of the Brown Act.
53. Individuals who continue to interrupt or interfere disrupt, disturb, impede or render infeasiblewith
the orderly conduct of a meeting may be removed from the meeting, under Section 54957.9 of the
Brown Act after the presiding Presiding officer Officer has directed the person to cease the inter-
ruption or interferencedisrupting behavior and warned that continued interruption or interfer-
encedisrupting behavior may result in removal from the meeting. If a meeting is willfully interrupt-
ed by a group or groups of persons so as to render the orderly conduct of such meeting unfeasi-
ble and order cannot be restored by the removal of those individuals who are willfully interrupting
the meeting, the presiding Presiding officerOfficer, subject to objection by a majority of council
Council members Members in attendance, may order the meeting room cleared and the meeting
may continue as provided in Section 54957.9 of the Brown Act.
64. 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 City council Council meetings.
A. Regular city City council Council meetings will be held on the dates and at the times established by city
City council Council resolution. Regular city City council Council meetings will be held at City Hall in the
City Council Chamber, unless a different location has been designated by the mayor Mayor or action of
the city City councilCouncil. If the mayorMayor, a majority of the city City councilCouncil, city City man-
agerManager, fire Fire chiefChief, police Police chief Chief or building Building official Official deter-
mines 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 City council Council meetings may be called by the mayorMayor, a majority of the city City
councilCouncil, the city City manager Manager or the city City attorneyAttorney. Notice of a special
meeting must be given and posted as provided in Section 54956 of the Brown Act. The notice must in-
clude the date, time and location of the meeting, and a brief statement of the business to be transacted
or discussed. For special meetings, public comments can be made on agendized items only. No other
business may be transacted or discussed at the meeting. A special meeting regarding the salaries,
salary schedules or compensation paid in the form of fringe benefits, of the city City managerManager,
Sept. 12, 2023 Item #4 Page 20 of 36
city City attorneyAttorney, any department head or other executive level employee is prohibited, how-
ever, special meetings to discuss the city’s budget are permitted.
C. During emergency situations, meetings may be held as provided in Section 54956.5 of the Brown Act.
D. City council Council meetings may be held concurrently as meetings of the legislative body of any pub-
lic agency the governing body of which is comprised of the members of the city City councilCouncil.
When a concurrent meeting is held, the presiding Presiding officer Officer or City clerk Clerk will com-
mence the meeting with the announcement required by Section 54952.3 of the Brown Act. The city
clerk mayagenda shall include the information required by Section 54952.3 on the agenda for a meet-
ing, and the oral announcement may be made by reference to that information. As used in this chapter,
city City council Council also means the legislative body of any public agency the governing body of
which is comprised of the members of the city City councilCouncil.
E. The city City clerk Clerk Services staff and city City manager Manager are authorized and directed to
prepare, deliver and post meeting notices. (Ord. CS-329 § 3, 2018)
1.20.030 Adjournment of meetings.
Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided by law.
The presiding Presiding officer Officer may adjourn any meeting without need for a motion and absent the
objection of a majority of the quorum. Once adjourned, a meeting may not be reconvened, except at the time
and place stated in the notice of adjournment. A regular meeting may not be adjourned to a date beyond the
next regular meeting. The city City clerk Clerk Services staff and city City manager Manager are authorized
and directed to prepare, deliver and post notices of adjournment. A Notice notice of adjournment is not re-
quired 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 City council Council exists
whenever a majority of the council City Council are present. A meeting may be adjourned for lack of a quor-
um by the presiding Presiding officer Officer or, in the absence of a presiding Presiding officerOfficer, any
member of City council Council or the city City clerkClerk. A Council member 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 Council members Members are is
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 City councilCouncil.
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 City councilCouncil;
B. Reports of action taken in closed session;
C. Disclosures expressly authorized or required by law; or
D. Confidential disclosures to a council Council memberMember, city employee or other person author-
ized to attend a closed session without loss of the privilege of confidentiality. (Ord. CS-329 § 3, 2018)
Sept. 12, 2023 Item #4 Page 21 of 36
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1.20.060 City Council agenda.
A. The city City clerkClerk, under direction of the city City managerManager, will prepare an agenda for
each City council 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 councilCity 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 City manager Manager is responsible for scheduling matters for consideration by the council
City Council based on established City council Council priorities, the city’s business and governmental
needs, and the requirements of applicable law. Items of business may be placed on the agenda by any
Council member Memberof the council, the city City manager Manager or the city City attorneyAttor-
ney, or by City council Council action. City Council-originated items must be submitted to the city City
manager Manager not less than seven days before the date of the City council Council meeting at
which the member desires the item to appear on the agenda. Nothing in this section precludes a coun-
cil Council member Member from requesting council City Council action to place an item on the agen-
da for a future meeting.
D. The city City clerkClerk, Services staff is authorized and directed to post agendas in accordance with
applicable law, including posting on the city’s website. The city City clerk Clerk Services staff 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. Roll callAnnouncement of concurrent meetings;
3. Announcement of concurrent meetingsRoll call;
4. Pledge of allegiance;
5. Invocation;
65. Approval of minutes;
76. Special pPresentations;
7. Public report of any action taken in closed session
88. Public comment on matters not listed on the agenda;
9. Consent calendar;
10. Waiver of ordinance text reading
110. Board and Commission Member Appointments
11. Ordinances for introduction;
Sept. 12, 2023 Item #4 Page 22 of 36
12. Ordinances for adoption;
13. Matters requiring a public hearing, notice of which is required by law;
14. Matters not requiring a noticed public hearing13. Public hearings
14. Departmental and City Manager reports
15. council City Council commentary and requests for consideration of matters;
16. Additional pPublic comment (continuation) on matters not appearing on the agenda;
17. Announcements;
18. City Manager comments
19. City Attorney comments
20. City Clerk comments
1821. Adjournment.
F. When a meeting is a concurrent meeting of the city City council Council and the legislative body of any
public agency the governing body of which is comprised of the members of the city City councilCouncil,
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 City manager Manager is responsible for all staff reports and other documents relevant to
each item of business placed on an agenda by the city City manager Manager or by City Ccouncil ac-
tion. The city City attorney Attorney is responsible for all staff reports and other documents relevant to
each item of business placed on the agenda by the city City attorneyAttorney. For Matters matters
placed on the agenda by a council Council member Memberdo not require a staff report, but the coun-
cil Council member Member may provide a reportinformation or other documents relevant to the item
the council Council member Member has requested to be placed on the agendaso that staff can pre-
pare a brief report on the Council Member’s behalf. The city City manager Manager or city City attor-
ney Attorney may provide a report or recommendation relating to a matter placed on the agenda by a
council Council memberMember. Staff reports and other documents relevant to items of business, in-
cluding reports and other documents provided by a council Council member Member with respect to an
item placed on the agenda by that council Council memberMember, must be delivered to the city City
clerk Clerk not later than 5:00 p.m. on the Wednesday preceding a regular meeting or 72 hours before
the date of a special meetingby the deadline established by the City Manager. The city City clerkClerk
Services staff, under the direction of the city City managerManager, is responsible for compiling the re-
ports and other documents and for preparing an agenda packet.
B. Staff reports, Ordinancesordinances, resolutions and contract documents must be prepared or ap-
proved by the city City attorney Attorney before delivery to the city City clerk Clerk Services staff for in-
clusion in the agenda packet. Nothing in this chapter is intended to preclude the city City council Coun-
cil 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 City clerk Clerk before 5:00 p.m. of the Wednesday preceding a regular meeting will be includ-
ed 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 City council Council by different
means.
D. The agenda packet for a regular meeting will be delivered made available to the council Council mem-
bers Members not later than the Friday preceding the meeting. The agenda packet will be available to
the public at the office Office of the city City clerk Clerk and posted on the city’s website on the same
Sept. 12, 2023 Item #4 Page 23 of 36
day that it is delivered to the council Council membersMembers. An agenda packet for a special or
emergency meeting may be delivered to the City council Council and made available to the public at
the meeting. The city City clerk Clerk Services staff 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 City clerk Clerk Services staff is responsible for the minutes of all city City council Council
meetings, except closed sessions. The minutes will be a record of each particular type of business
transacted, summary action or discussed but anot a verbatim transcript of the proceedings is not re-
quired. The minutes may include the names of persons addressing the City councilCouncil, 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 City clerk Clerk Services staff will include in the minutes of the meeting a council
Council member’s Member’s statement on a matter upon request made by that council Council mem-
ber Member at the time the statement is made. Any council Council member Member may have the
reasons for his or her support for or dissent from any action of the City council 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...” or “For the record…”
B. The city City clerk Clerk Services staff will prepare proposed minutes and present them to the city City
council Council for approval.
C. The minutes may be approved without reading if the City Cclerk Services staff has included the pro-
posed minutes in the agenda packet. The minutes will be read before approval upon motion approved
by the city City councilCouncil. Proposed amendments to the minutes as submitted by the city City
clerk Clerk Services staff must be verified by the city City clerk Clerk Services staff prior to approval by
the city City councilCouncil. Following approval, minutes of meetings will be permanently kept in a for-
mat 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 recordAll city City council Council meetings are recorded as an aid in the prepara-
tion of minutes and posted on the city’s website for public access. Recordings will be retained in ac-
cordance with the city’s adopted Records Retention Schedule unless a longer retention is required by
the city City councilCouncil, the city City manager Manager or the city City attorneyAttorney.
B. Prior to reuse or erasure, members of the public may hear the recordings of the city council meetings
during office hours when it will not inconvenience the ordinary operation of the clerk’s office; brief or
shorthand notes may be made; recordings may be duplicated under procedures established by the
clerk. The city clerk is further authorized to allow the equipment to be used by the public for listening or
recording purposes when such equipment is not necessary for use by the city clerk in the ordinary
function of the office. Except as provided for in Chapter 1.16, unless a request to prepare a transcript is
timely submitted and accepted, the city clerk is not authorized to provide a transcript of any recording.
The city clerk may establish rules and regulations necessary to protect the safety of the records
against theft, mutilation or accidental damage, to prevent inspection or recording from interfering with
the orderly function of the office, and to ensure that the integrity of the records is maintained. The city
clerk may charge a fee to cover the cost, including labor and materials, 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.
Sept. 12, 2023 Item #4 Page 24 of 36
DB. 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 City manager Manager may make reasonable accom-
modations to assure that the reporter stenographer is seated at a position at the meeting to facilitate
accurate recordingreporting.
EC. Any person may film, video tape, photograph or audio tape a city City council Council meeting in the
absence of a reasonable finding by the presiding Presiding officer Officer that the recording cannot
continue without noise, illumination or obstruction of view that constitutes or would constitute a persis-
tent disruption of the proceedings. Meetings may be televised by any person if it can be accomplished
without noise, illumination or obstruction of view that constitutes or would constitute a persistent disrup-
tion of the proceedings. (Ord. CS-329 § 3, 2018)
1.20.100 Role of the presiding Presiding officerOfficer.
A. The presiding Presiding officer Officer is the mayorMayor, or in the mayor’s Mayor’s absence, the
mayor Mayor pro Pro temTem. In the absence of both the mayor Mayor and mayor Mayor pro Pro
temTem, the presiding Presiding officer Officer will be selected from among the council Council mem-
bers Members constituting the quorum for the meeting. In the absence of the mayor Mayor and mayor
Mayor pro Pro temTem, the city City clerk Clerk shall call the City council Council meeting to order,
whereupon and a temporary presiding Presiding officer Officer shall be elected by the council Council
members Members present. Upon the arrival of the mayor Mayor or the mayor Mayor pro Pro temTem,
the temporary presiding Presiding officer Officer shall relinquish the chair at the conclusion of the busi-
ness then before the City councilCouncil.
B. The presiding Presiding officer Officer will endeavor to conduct the meeting in an orderly, even-handed
and businesslike manner, and in substantially the order and manner provided on the agenda. Council
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 Presiding officer Officer may move, second, debate and vote from the chair. The presid-
ing Presiding officer Officer is not deprived of any of the rights and privileges of a council Council
member Member due to acting as presiding Presiding officerOfficer. The presiding Presiding officerOf-
ficer, or such person as the presiding Presiding officer Officer may designate, may verbally restate
each question immediately prior to calling for the vote.
D. The presiding Presiding officer Officer is responsible for the maintenance of order and decorum at all
meetings. The presiding Presiding officer Officer will decide all questions matters of order and proce-
dure under this chapter, subject to the right of any council Council member Member to request a ruling
by the quorum and the question shall be, “Shall the decision of the presiding officer be sustained?” Re-
quests 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 councilCity Council, the city City manager-
Manager, city City clerkClerk, city City attorney Attorney and such department heads or others as have been
requested to be present shall take their regular places in the City council Council chambersChamber or oth-
er set meeting location. The presiding Presiding officer Officer will call the meeting to order. Before proceed-
ing with the business of the City councilCouncil, the city City clerk Clerk will call the roll of the council Coun-
cil members Members and the names of the members Council Members present will be entered in the
minutes. If the meeting is a concurrent meeting of the city City council Council and one or more legislative
bodies of a public agency for which the city City council Council is the governing body, the city Mayor or the
Presiding Officerclerk will also make the announcement required by law. (Ord. CS-329 § 3, 2018)
Sept. 12, 2023 Item #4 Page 25 of 36
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 City manager Manager to be routine, noncontro-
versial or in the nature of housekeeping matters. The actions recommended or requested by the city City
manager 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 Presiding officer Officer
must determinewill ask if whether any council Council memberMember, city officer or employee, or member
of the public desires to be heard on one or more consent items. In that event, the presiding Presiding officer
Officer will defer action on the particular matter or matters as part of the regular agenda in any order
deemed appropriate. A council Council member 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 City clerk Clerk in writing prior to the commencement of City council Council considera-
tion of the consent calendar. The city City clerk Clerk Services staff is directed to include on an agenda con-
taining a consent calendar, a statement of this requirement along with a summary of the procedure for con-
sideration of consent calendar items. (Ord. CS-329 § 3, 2018)
1.20.130 General rules of procedure.
A. Every council Council memberMember, city officer or employee, or any other person desiring to speak
during a City council Council meeting must first gain recognition by the presiding Presiding officerOf-
ficer. Following recognition by the presiding Presiding officerOfficer, the speakers must confine him or
herselftheir remarks to the question or matter under consideration, avoiding reference to character and
indecorous language.
B. Every council Council member Member desiring wanting to question the city staff will address the
questions to the city City manager Manager or the city City attorneyAttorney, who shall be entitled ei-
ther 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 the item is permitted. Questions from a member of the public must
be directed to the presiding Presiding officerOfficer, who may refer the question to any member of the
city City councilCouncil, city the City manager Manager or city the City attorney Attorney as the presid-
ing Presiding officer Officer deems appropriate.
C. Once a council Council memberMember, city officer or employee, or other person has been recognized
and allowed to speak by the presiding Presiding officerOfficer, the person will be allowed to conclude
his or her remarks without interruption, except an interruption by the presiding Presiding officer Officer
to preserve order, subject to applicable time limits. A council Council member Member seeking to raise
a point of order or personal privilege must first gain recognition from the presiding Presiding officerOf-
ficer. If a council Council member Member while speaking is called to order, the council Council mem-
ber Member shall cease speaking until the question of order is determined, and if determined to be in
order, the council Council member Member may proceed. If interrupted by the presiding Presiding of-
ficerOfficer, city officers and employees and members of the public must cease speaking until further
authorization by the presiding Presiding officerOfficer.
D. The right of a council Council member Member to address the City council Council on a question of
personal privilege is limited to cases in which the council Council member’s Member’s integrity, charac-
ter or motives are questioned or where the welfare of the City council Council is concerned. A council
Council member Member raising a point of personal privilege may interrupt another council Council
member Member who has the floor only if the presiding Presiding officer Officer recognizes the privi-
lege.
E. A Council member Member of the council who wishes to terminate discussion of a motion may call for
the question. If the call is seconded, the presiding Presiding officer Officer shall ask for a vote. If the
call carries, the council Council shall then vote on the motion without further discussion.
Sept. 12, 2023 Item #4 Page 26 of 36
F. Voting will be conducted using the voting system installed in the City Council Chamber, unless the city
City council Council dispenses with use of the voting system or the system is not functioning. If the vot-
ing light system is not used, voting will be by voice vote or other system by which the vote of each
council Council member Member is made known to the public. Secret ballots are prohibited.
G. Every council Council member Member should vote unless disqualified due to a conflict of interest. A
council Council member 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 pay-
ments of money or adoption or amendment of a specific or general plan require the affirmative vote of
a majority of the city City council 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 City council Council and is subject to further council City Council
consideration. If the presiding Presiding officer Officer determines that the city City council Council is
unable to take action on a matter during a meeting because of a tie vote, the city City clerk Clerk Ser-
vices staff shall place the item on the next regular meeting of the city City council Council for further
consideration. For matters that requirerequiring approval by affirmative vote of a majority of the city
City councilCouncil, any vote of less than the required number of affirmative votes results in denial of
the action, unless a member of the city City council Council who did not vote in the affirmative requests
that the matter remain open for further consideration. For matters involving development applications
before the City council Council because of a recommendation or appeal from the planning Planning
commission Commissionor design review board, if a final decision of the city City council Council is not
reached within 60 days of the date of the first meeting at which the matter is considered, the matter will
be deemed denied. During this 60-day period, any council Council member Member may make a writ-
ten request that the matter be restored to the City council’s Council’s agenda.
I. A council Council member Member may change his or her vote immediately following the announce-
ment of the result of a vote on a matter by the presiding Presiding officer Officer and before the next
item of business. Except in the case of a tie vote, a council Council member Member who publicly an-
nounces that he or she is abstaining from voting on a particular matter may not withdraw his or herthe
abstention.
J. A motion to reconsider any action taken by the City council Council may be made only at the meeting
such at which the action was taken, including a recessed or adjourned session thereof of the meeting
and by a council Council member Member who voted with the prevailing side. Consideration of action
to rescind, repeal, cancel or otherwise nullify prior City council Council action is in order at any subse-
quent meeting of the City councilCouncil, subject to placement of the matter on the agenda in the same
manner as any new item of business. The effect of such action will operate prospectively and not ret-
roactively 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 City council Council on items of business listed on an agenda
of any meeting. Persons desiring to address the City council 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 City clerk Clerk before the item is called by the presiding Presiding office-
rOfficer. The presiding Presiding officerOfficer, with the unanimous consent of the majority of the quor-
umcouncil, may allow a person who has not filed such a request to address the City councilCouncil.
B. At regular meetings, including adjourned regular meetings, members of the public may address the
council City Council on items not appearing on the agenda during the portion of the agenda set aside
for this purpose. The total amount of time set aside for this purpose at the beginning of the meeting will
not exceed 15 minutes, additional time will be set aside at the end of the meeting. Persons addressing
the council City Council must confine their remarks to matters within the subject matter jurisdiction of
Sept. 12, 2023 Item #4 Page 27 of 36
the city City council Council or a public agency for which the city City council Council services as the
governing body. Persons desiring to address the City council Council on items not appearing on the
agenda must submit a request to speak to the city City clerk Clerk before public comment is called.
The presiding Presiding officerOfficer, with the unanimous consent of the majority of the quorumcoun-
cil, may allow a person who has not filed such a request to address the City councilCouncil. Group
time and presentations requiring the use of audio visual equipment will not be permitted during public
comment on matters not appearing on the agenda.
C. The city City clerk Clerk will organize speaker slips pertaining to each agenda item in the order re-
ceived and persons will be invited to address the City Ccouncil based on that order. Upon direction of
the presiding Presiding officerOfficer, the names will be called by the city City clerkClerk.
D. Members of the public will address the council City Council from the podium provided for that purpose.
Each member of the public will be permitted to speak for up to three minutes, unless the presiding Pre-
siding officer Officer has announced a shorter duration at the commencement of the item under con-
sideration. A shorter duration may be set when the presiding Presiding officer Officer or a majority of
the quorum determine that the length and duration of public comments on a matter would be unduly
burdensome and prevent or frustrate the city City council Council from reaching a timely decision on
the matter. Persons must confine their remarks to the agenda item under consideration. A speaker
may not yield time to another speaker.
E. After the presiding Presiding officer Officer has closed the public input portion of an agenda item, no
member of the public may address the City council Council without first being recognized by the presid-
ing Presiding officer Officer and securing permission to do so by a majority vote of the city councilof the
quorum.
F. To facilitate organized presentations, a representative of a group of persons may submit a request to
speak as a group for items listed on the agenda only. Groups must select one single member to speak
on behalf of thate group. The group representative must identify the group and list not fewer than three
additional members of the group who will simultaneously turn in their own individual speaker cards and
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 City council Council discussion of the item. For items removed
from the consent calendar at the request of a member of the public, the presiding Presiding officer Of-
ficer may invite the speaker to address the City council 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 City council Council must make arrangements in advance with the city City managerManager. The city
City manager Manager may establish reasonable rules regarding format, security, time for submission and
other similar matters. The time spent presenting visual materials is included in the maximum time limit pro-
vided to speakers. All materials exhibited to the City Council during the meeting are part of the public record.
(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 City Council convenes, unless otherwise
determined by the city City manager Manager or directed by the city City council Council in which case
the notice of public hearing and agenda may state a different time. Public hearings may commence
Sept. 12, 2023 Item #4 Page 28 of 36
any time after the noticed commencement time and in any order determined by the City Council. 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 neces-
sary or convenient to complete a public hearing or schedule of public hearings. Hearing will commence
at the time stated on the agenda or as soon thereafter as the conduct of business at the meeting per-
mits.
C. All documents intended by the city to be part of the record of the public hearing and any correspond-
ence received by the city pertaining to the subject matter of the public hearing will be available at the
office Office of the city City clerk Clerk at least 24 hours prior to commencement of the public hearing.
This provision does not preclude the submission by any person of supplemental or additional infor-
mation during the public 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 City councilCouncil, and five minutes to respond to comments by
members of the public. As used in this section, the applicant includes any person or entity whose rights
or interests are directly the subject matter of the public hearing.
E. The order of the hearing will be as follows unless otherwise required by law or agreed upon by the city
and the applicant:
1. Presentation of staff and/or planning Planning commission Commission report;
2. Questions from the councilCity 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. City Council Council discussion and action.
F. The presiding Presiding officer Officer may, set longer time limits than otherwise allowed by this chap-
ter for adequate presentation of testimony and evidence to provide a fair hearing. The decision of the
presiding Presiding officer Officer may be appealed to the City councilCouncil and determined by a ma-
jority of the quorum.
G. Any person, other than a member of the City councilCouncil, who wishes to direct question(s) to an
opposing witness shall submit such question(s) to the presiding Presiding officerOfficer, who will ask
the question(s) to the witness. The presiding Presiding officer Officer may at his or her discretion re-
strict the number and nature of any questions asked pursuant to this section.
H. Before commencement of City council Council discussion and action, the presiding Presiding officer
Officer may order closed the public input portion of the public hearing, at which time no further evi-
dence, either oral or written, will be accepted by the City council Council except in response to a ques-
tion by a council Council memberMember; provided, however, that this rule may be relaxed by the pre-
siding Presiding officer Officer where it appears that good cause exists to hear further evidence con-
cerning the matter which is the subject of the public hearing. Following completion of questions by
council Council membersMembers, the presiding Presiding officer Officer may order the public hearing
closed. A public hearing once closed cannot be reopened on the date set for hearing unless the presid-
ing Presiding officer Officer determines that all persons who were present when the public hearing
closed are still present. Nothing in this section, however, is intended to prevent or prohibit the reopen-
ing of a public hearing at any subsequent meeting, provided notice is first given in the manner required
for the initial public hearing.
I. A public hearing may be continued to a date certain any time before the closing of the public hearing in
order to permit presentation of additional written or oral evidence, or return the matter to the planning
Planning commission Commission for further consideration. The presiding Presiding officer Officer will
publicly announce the date, time and place that the public hearing will reconvene, and further evidence
will be taken, and the announcement constitutes sufficient notice to the public of the date, time, and
Sept. 12, 2023 Item #4 Page 29 of 36
place of the continued public hearing. If the matter is returned to the planning Planning commission
Commission for further consideration, the presiding Presiding officer Officer must publicly announce
that the matter has been returned to the planning Planning commission Commission for consideration
and may announce the date, time and place that the hearing will be of the continued public hearing to
receive the further report by the planning Planning commissionCommission. If the presiding Presiding
officer Officer announces the date, time and place of the continued hearing, the clerk will post a notice
of continuance in the same manner as for posting notices of an adjourned meeting, however no further
public notice is required. If the presiding Presiding officer Officer does not announce the date, time and
place for continuance of the matter following return to the planning Planning commissionCommission,
the public 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 City council Council
may adopt a resolution or ordinance recommended by staff and presented as part of the agenda pack-
et or may indicate its intended decision and instruct the city City attorney Attorney to return with the
resolution or ordinance necessary to aeffect the decision. For decisions that include a quasi-judicial de-
termination, the City council Council may adopt the resolution or ordinance, as presented or as may be
amended by the City councilCouncil, 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 City council’s Council’s decision is not final until adoption of the documents.
B. A council Council member Member who was absent from all or a part of a public hearing shall not par-
ticipate in a decision on the matter unless the council Council member Member has examined all the
evidence, including listening to a recording of the oral testimony or reviewing a videotape or other elec-
tronic 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; disclosure of ex parte communications.
A. The procedures for the conduct of public hearings will apply to any quasi-judicial administrative hearing
conducted by the city City council Council except as provided in Section 1.20.190.
B. During the public hearing for a quasi-judicial matter and as required by City Council Policy No. 92,
council Council members Members must disclose information verbally disclose all ex parte communi-
cations concerning the subject of the public hearing. Such disclosure shall include a brief statement
describing the name and content of the communication. As used in this section, ex parte communica-
tions are substantive, individual oral or written communications concerning quasi-judicial matters that
occur outside of a noticed public hearing. Ex parte communications include received from individuals or
groups, site visits or investigations made by a Council member.if the information is not otherwise in-
cluded in the information presented to the council in the agenda packet or presentations by the staff or
applicant. The Presiding Officer will request disclosure of ex parte communications from all Council
Membersmay 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 City councilCouncil, upon recommendation of the city City
attorneyAttorney, will prevail over the provisions of this chapter to the extent of any inconsistency with re-
spect to that hearing and other hearings of a similar nature. (Ord. CS-329 § 3, 2018)
Sept. 12, 2023 Item #4 Page 30 of 36
1.20.200 Evidence—Record of proceedings.
A. A decision of the city City council Council may be based on any relevant evidence provided to the city
City council Council for its consideration of an item and accepted into the record of the proceedings by
the presiding Presiding officer 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 City council
Council may consider any adopted general plan, specific plan, ordinance, resolution or other record of
official action of the city, and facts of common, general knowledge. The rules of evidence as estab-
lished by law for judicial proceedings in the State of California are not applicable to proceedings of the
city City council Council and any credible, relevant evidence appropriate to afford a full presentation of
the facts necessary or convenient for judicious consideration of the matter which is the subject of the
City council’s Council’s consideration may be presented at the discretion of the presiding Presiding of-
ficerOfficer. Failure of the presiding Presiding officer 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 pro-
cedural errors that do not materially affect the substantial rights of the parties will be disregarded. Rul-
ings of the pPresiding oOfficer are subject to change by the city City council Council in the same man-
ner 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 sum-
mary of the information as part of the staff presentation or upon request of the presiding Presiding of-
ficerOfficer. In addition, any of the following may be presented to the city City council 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 anyor persons addressing the city City council Council and are pro-
vided to the city City councilCouncil;
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 the Presid-
ing Officer grants a request for inclusion in the record is made and the presiding officer grants the
request; however, reading of communications and petitions is not required and will generally be
permitted only upon authorization by the presiding Presiding officerOfficer; and
4. Information obtained outside the City 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 City clerk Clerk Services staff will retain all the agenda packet, exhibits, reports, maps and
other physical evidence placed before the City council Council as public records. Such records may be
released by the City clerk Clerk Services staff with the approval of the city City attorneyAttorney. Items
that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting
the item provided that the City clerk Clerk Services staff retains a photographic, video or digital record
of the item. The City clerk Clerk Services staff may make and retain photographic, video or digital rec-
ords of proceedings of meetings subject to the same requirements applicable to other public records of
the city.
D. Whenever any law requires that testimony be presented to the city City council Council under oath or
affirmation, the presiding Presiding officer Officer or the city City clerk Clerk Services staff may admin-
ister the oath or affirmation. (Ord. CS-329 § 3, 2018)
1.20.210 Subpoenas.
The City council Council may order the city City clerk 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)
Sept. 12, 2023 Item #4 Page 31 of 36
1.20.220 Enforcement of decorum.
A. The chief of pPolice Chief or such member of the police Police department Department as the chief-
Chief, or authorized agent, may designate, is the sergeantSergeant-at-Aarms of the city City council-
Council. The sergeantSergeant-at-arms Arms is required to be available to respond to all meetings
immediately upon call, and will attend meetings at the request of the mayorMayor, city City manager
Manager or majority of the city City councilCouncil. The sergeantSergeant-at-arms Arms is responsible
for enforcing the orders of the presiding Presiding officer Officer given for the purpose of maintaining
order and decorum at the City council Council meetings. The sergeantSergeant-at-arms Arms may, at
any time, request assistance from other members of the police Police department Department to ac-
complish that purpose. The city City council Council may require the presiding Presiding officer Officer
to enforce the rules upon approval of a motion by any council Council memberMember.
B. Any person, including any member of the City council Council or city staff, who by voice or conduct
engages in loud, boisterous or unruly behavior that substantially disruptsdisrupting conduct prohibited
by section 1.20.010(D) of this chapter a City Ccouncil meeting or otherwise disrupts a City Council
meeting by failing to comply with the rules established by this chapter or by any applicable ethics ordi-
nance adopted by the City Council, and continues to do so after the presiding Presiding officer 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 City council Council for consideration and
action. Every council Council member 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 Presiding officer Officer
may defer recognizing a motion until after presentation of a report of staff, public comment and questions by
members. It is not necessary for a motion to be pending for deliberation of a matter on the agenda. If a mo-
tion is properly made, the presiding Presiding officer Officer will call for a second. No further action is re-
quired on a motion that does not receive a second. If a motion contains two or more divisible propositions,
the presiding Presiding officer Officer may divide it and call for a separate vote on each proposition. A mo-
tion once made and seconded may not be withdrawn by the maker without the consent of the second. The
presiding Presiding officer Officer may, and upon request of any member of the cCouncil Member will, re-
state a motion before a vote, provided, however, that the presiding Presiding officer Officer may request the
restatement be made by the city City clerk Clerk or city City attorneyAttorney. (Ord. CS-329 § 3, 2018)
1.20.240 Rules relating to motions.
A. When a main motion is pending, no other motion may be entertained except the following which shall
have precedence, one over the other, in the following order:
1. Adjourn;
2. Recess;
3. Defer;
4. Call the question;
5. Limit or extend debate;
6. Refer to commission, committee, or staff;
Sept. 12, 2023 Item #4 Page 32 of 36
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 City council 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
Council member Member while speaking. A motion regarding a point of order or to direct the pPresid-
ing oOfficer 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 City council Council to a commission, committee or to
the city staff for the purpose of investigating or studying the proposal and to make making a re-
port back to the City councilCouncil. If the motion fails, discussion or vote on the question re-
sumes.
Debatable or Amendable. Yes.
7. Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may be in any
of the following forms: to “add” or “insert” certain words or phrases; to “strike out certain words or
phrases and to add others”; to “replace” certain words, phrases or actions on the same subject
matter as the one pending; to “divide the question” into two or more questions to allow for a sepa-
Sept. 12, 2023 Item #4 Page 33 of 36
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 City council Council for discussion and de-
cision.
Debatable or Amendable. Yes. (Ord. CS-329 § 3, 2018)
1.20.250 City Council action.
City council Council action will be taken by motions approved by vote of council Council membersMembers.
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 em-
ployee, may be taken by motion recorded in the minutes of the meeting. (Ord. CS-329 § 3, 2018)
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be included in the agenda packet.
Resolutions will be prepared or approved by the city City attorney Attorney before submission to the city City
councilCouncil. It is not necessary to read the resolution by title or in full; provided it is identified by the pre-
siding Presiding officerOfficer. Where a particular resolution has not been prepared in advance, a motion
may direct the city City attorney Attorney to prepare the document and return it to the City councilCouncil.
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 City councilCouncil.
(Ord. CS-329 § 3, 2018)
1.20.270 Ordinances.
All ordinances will be prepared or approved by the city City attorney Attorney before submission to the city
City councilCouncil. The city City attorney Attorney will not prepare an ordinance unless directed by the city
City council Council or city City manager Manager or on the city City attorney’s 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 adoptionAs permitted by Government Code Section 36934,
and unless otherwise directed by the City Council, a reading of the title or the ordinance shall not be re-
quired if the title is included on the published agenda and a copy of the full ordinance is made available to
the public online and in print at the meeting prior to its introduction or passage.
However, thethe 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 , a full reading of the text is directed by the city City councilCouncil. (Ord.
CS-329 § 3, 2018)
Sept. 12, 2023 Item #4 Page 34 of 36
1.20.280 Correction of documents.
The city City clerkClerk Services staff, with the consent of the city City attorneyAttorney, is authorized to cor-
rect any typographical or other technical or clerical error in any document approved by the city City council-
Council. Upon correction, the corrected document may be executed in the manner required of the original
and, when properly executed, will replace the original document, to be effective as of the date of the original
document, and to be retained in the files of the city City clerkClerk. (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 City
Council in an orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules
shall not affect the jurisdiction of the City council Council or invalidate any action taken at a meeting that is
otherwise held in conformity with law. Nothing in this section shall preclude the presiding Presiding officer
Officer or city City council Council from taking any action to cure a violation or alleged violation of the provi-
sions of this chapter or other applicable law governing the conduct of city City council Council meetings.
Nothing in this section precludes the city City council Council from correcting a violation or alleged violation
of the Brown Act according to the provisions of that actAct. (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 City council Council by filing a written notice of appeal with the city City
clerk Clerk Services staff within 10 calendar days of the date of the decision. Fees for filing an appeal shall
be established by resolution of the city City councilCouncil. The city City manager Manager will place the
matter on an agenda for City council 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 City
councilCouncil, but otherwise, the procedures applicable to items not scheduled for public hearing will apply.
The decision of the city City council Council regarding the matter is final. (Ord. CS-329 § 3, 2018)
1.20.320 Correspondence addressed to the city City councilCouncil.
The city City manager Manager is authorized to open and examine all written communications addressed to
the city City councilCouncil, except correspondence addressed to an individual city cCouncil memberMem-
ber. An individual council Council member Member may authorize the city City manager Manager to open
and examine correspondence addressed to that council Council memberMember. The city City Manager is
authorized to take appropriate administrative action to address constituent concerns consistent with existing
city policy. Matters requiring city City council Council action may be placed on the agenda by the city City
manager Manager in the manner provided in this chapter. On a weekly basis, the City manager Manager will
provide the mayor Mayor and council Council members Members with correspondence received and a re-
port of any administrative action taken. Correspondence relating to an item on the agenda for a City council
Council meeting will be provided to the city City clerk Clerk Services staff for inclusion in the agenda packet.
The city City manager’s Manager’s office Office and city City clerk’s Clerk’s office Office will coordinate on
mail received by the city City clerk’s Clerk’s office Office to effectively accomplish the purposes of this sec-
tion. Correspondence relating to an item on the agenda of a meeting and received by the city clerk or city
Sept. 12, 2023 Item #4 Page 35 of 36
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)
Sept. 12, 2023 Item #4 Page 36 of 36
Tammy Cloud-McMinn
From:
Sent:
Cc:
Council Internet Email
Monday, September 11, 2023 7:36 AM
City Clerk
Subject: FW: Public comment on 9/12/2023 Council Item #4: CMC 1.20 amendments
From: Steve Linke <splinke@gmail.com>
Sent: Friday, September 8, 2023 7:21 PM
To: Council Internet Email <CityCouncil@carlsbadca .gov>
Subject: Public comment on 9/12/2023 Council Item #4: CMC 1.20 amendments
Mayor, Mayor Pro Tern, and Councilmembers:
All Receive -Age nda Item # '-/
For the Information of the:
CITY COUNCIL
Date9}///:P,CA ~ cc ~
CM v ACM..::::_ DCM (3) ~
Although I understand its goal, I have concerns about the proposed two-minute "final comments" rule. If it is adopted, I
feel it should be accompanied by additional language that: (1) ensures fulsome discussion/comments prior to a "call for
final comments," (2) better defines the timing of a "call for final comments," and (3) makes it clear that a "call for final
comments" is subject to a motion to continue debate.
1. The current standard procedure seems to include a questions-only round (during which comments/opinions are
discouraged) followed by rounds of comments that also may include additional questions. I presume the "final
comments" period would come only after these more fulsome rounds of questions and comments/discussion, or
perhaps only after motions and seconds have been made. Otherwise, for more complex issues, the new two-minute rule
would not be consistent with the two preceding sentences: "Council Members should have a full and equal opportunity
to express their respective views. Matters should be fully deliberated before action is taken."
2. As alluded to above, another issue is the timing of the "call for final comments." Is that before or after
motions/seconds have been made? There is supposed to be another opportunity for discussion after a seconded
motion. When a motion varies from a staff recommendation or the previous discussion, further discussion/comments
need to be accommodated and may not fit within a two-minute limit.
3. Section 1.20.lO0(D) reserves the right of the rest of the council to challenge a Presiding Officer's decisions on matters
of order and procedure, but I think it is important to spell that out specifically in the context of the "call for final
comments" rule.
Lastly, it seems that only two other jurisdictions in San Diego County have a set time limit--San Diego and Oceanside.
Note, though, that San Diego has nine councilmembers and a much larger population with presumably more complex
issues, so there is more reason to have a limit. Ultimately, I think it is more important to have fully debated an item than
to have shortened the length of a meeting, and I trust all of you to do the right thing without the need for a new rule.
That said, here is a suggestion assuming the new rule is adopted:
The Presiding Officer will endeavor to conduct the meeting in an orderly, even-handed and businesslike
manner and in substantially the order and manner provided on the agenda. Council Members should
have a full and equal opportunity to express their respective views. Matters should be fully deliberated
in rounds of questions and discussion/comments before action is taken. Once the Presiding Officer calls
for final comments on a motioned and seconded item, each City Council Member shall have up to two
1
minutes to deliver their concluding remarks related to the item prior to initiation of a City Council vote
on the item. Calls for final comments are subject to a motion and vote to continue debate.
Best regards,
Steve Linke
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i
safe.
2
Faviola Medina, City Clerk Services Manager
Sheila Cobian, Legislative & Constituent Services Director
Sept. 12, 2023
Amendments to CMC
Chapter 1.20 Meetings
1
{ City of
Carlsbad
PROPOSED ACTION
•Introduce an ordinance amending
CMC Ch. 1.20 -Meetings
2
Item 4: CMC Chapter 1.20 Meetings
{ City of
Carlsbad
BACKGROUND
June 1, 2023, City Council direction:
•Move action to approve appointments to boards and commissions to earlier on the agenda
•Option for limiting the amount of time Council
Members spend delivering concluding remarks relating
to agenda items prior to a vote being initiated
Item 4: CMC Chapter 1.20 Meetings
3
{ City of
Carlsbad
AMENDMENTS
Addition of Board & Commission Member Appointments category
Deletion of Invocation category
Proper title capitalization
Include current practices
Aligns with California Government Code
4
Item 4: CMC Chapter 1.20 Meetings
( City of
Carlsbad
Section 1.20.100(B) Role of the Presiding Officer
The Presiding Officer will endeavor to conduct the meeting in an
orderly, even-handed and businesslike manner and in substantially
the order and manner provided on the agenda. Council Members
should have a full and equal opportunity to ask questions and
express their opinions and fully deliberate on each item before
action is taken express their respective views. Matters should be
fully deliberated before action is taken.Once the Presiding Officer
calls for final comments on the item, each City Council Member
shall have up to three minutes to deliver their concluding remarks
related to the item prior to initiation of a City Council vote on the
item.
5
Item 4: CMC Chapter 1.20 Meetings
DISCUSSION
•Does the City Council wish to limit the time of final
City Council comments?
•If so, how many minutes does the City Council wish to
limit it to?
6
Item 4: CMC Chapter 1.20 Meetings
{ City of
Carlsbad
PROPOSED ACTION
Consider options and either:
•Introduce an ordinance amending CMC Ch.
1.20 Meetings as proposed
•Introduce an ordinance amending CMC Ch.
1.20 Meetings to include language limiting the
time of final City Council comments
7
Item 4: CMC Chapter 1.20 Meetings
{ City of
Carlsbad
QUESTIONS?
8
Item 4: CMC Chapter 1.20 Meetings
{ City of
Carlsbad