HomeMy WebLinkAbout2023-09-26; City Council; CS-459; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.20 – MEETINGSORDINANCE 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:
Chapter 1.20
MEETINGS
Sections:
1.20.010 Policies applicable to all meetings.
1.20.020 Regular, special and emergency City Council meetings.
1.20.030 Adjournment of meetings.
1.20.040 Quorum.
1.20.050 Confidentiality of closed sessions.
1.20.060 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 Officer.
1.20.110 Commencement of meetings.
1.20.120 Consent calendar.
1.20.130 General rules of procedure.
1.20.140 Public participation.
1.20.150 Use of city equipment.
1.20.160 Conduct of public hearings.
1.20.170 Decision following a public hearing.
1.20.180 Application to administrative hearings; 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 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.
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;
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
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
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 ask questions and express their opinions and fully deliberate on each item
before action is taken. Once the Presiding Officer calls for final comments on the item, each 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.
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,
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
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.
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
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.
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.
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.
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.
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.
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 Sept., 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of Sept., 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�/C.�
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
� ;-SHERRY FREISINGER, City Clerk
(SEAL)
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