HomeMy WebLinkAbout1983-01-12; Design Review Board; Resolution 0091
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009 RESOLUTION NO.
A RESOLUTION OF THE DESIGN REVIEW BOARD
OF THE CITY OF CARLSBAD, CALIFORNIA ADOPT-
ING DESIGN REVIEW BOARD PROCEDURES.
The Design Review Board of the City of Carlsbad hereby
resolves as follows:
The following p-rocedure rules for the conduct of Design
Review Board Meetings are adopted:
Sect ions :
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Regular Meetings
Special Meetings
Adjourned Meetings
Study Sessions Meetings to be Public - Exceptions
Design Review Board Agenda
Correspondence - Availability to the Public
Correspondence - Authority of Community Redevelopment
Manager Quorum
Conduct of Business
Order of Business
Call to Order - Presiding Officer
Roll Call
Reading of Minutes Minutes
Distribution of Minutes
Recordings of Meetings
Presiding Officer
Powers and Duties of Presiding Officer
Gaining the Floor
Questions to the Staff Interruptions
Points of Order
Point of Personal Privilege
Privilege of Closing Debate
Calling the Question
Protest Against Board Action
Public Hearings - When Held
Public Hearings - Procedure
Public Hearings - Evidence
Public Hearings - Continuation
Public Hearings - Termination of Public Testimony
Public Hearings - Closing
Public Hearings - Reopening
Public Hearing - Decision Request to Address the Board on Items Other than
Listed Public Hearing.
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Addressing the Board - Spokesman for Group of
Persons.
Decorum and Order - Board and City Staff.
Decorum and Order - Audience. Enforcement of Decorum. Voting Procedures. Disqualification for Conflict of Interest. Failure to Vote. Changing Vote. Reconsideration. Preparation of Resolutions. Mot ions. Precedence of Motions. Particular Motions, Purpose and Criteria. Resolutions. Resolutions - Adoption. Correction of Documents. Roberts Rules of Order. Failure to Observe Procedures.
Regular Meetings. The Design Review Board shall hold regular meetings on the second Wednesday of each month at the hour of 5:30 PM, in the Council Chambers at the City Hall, 1200 Elm Avenue, Carlsbad, or such other place to which a meeting is adjourned. If by reason of fire, flood or other emergency, it shal be unsafe to meet in the Council Chambers, the meetings may be held for the duration of the emergency at such other places as is designated by the Chairperson of the Board, or if he should fail to act, by a majority of the quorum of the Board. When the day for any regular meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by th Design Review Board.
2 Special Meetings. Special meetings may be called at any
time by the Chairperson or by four members of the Design Review
Board by delivering personally or by mail written notice to
each Board Member and to each local newspaper of general
circulation, radio or television station having filed written request for such notice. Such notice must be delivered
personally or by mail at least twentyfour hours before the time
of such meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted. No other business shall be considered
at such meetings. Such written notice may be dispensed with as
to any Board Member who at or prior to the time the meeting
convenes files with the Community Redevelopment Manager a written
waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Board Member who is actually present at the meeting at the time it convenes.
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3 Adjourned Meetings. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the Chairperson by a simple declaratio thereof in the absence of a protest by any Board Member. Meetings may also be adjourned upon the making and seconding of such a motio in accordance with the procedures on motions established by the procedures. If a quorum is not present, less than a quorum may so adjourn a meeting. If all members of the Board are absent, the Community Redevelopment Manager shall declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in Section 2 for special meetings. When any meeting is adjourned the Community Redevelopment Manager shall post notice of such adjournment on the Council Chamber door within twenty-four hours after the time of the
adjournment.
4 Study Sessions. The Board may from time to time adjourn t
meet in study sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. No official action shall be taken at a study session. The participation of the public in such session shall be subjet to the discretion of the Chairperson.
5 Meetings to be Public Exceptions. All meetings of the Design Review Board shall be open to the public. Closed sessions may be held when specifically authorized by law.
6 Design Review Board Agenda. (a) In order to facilitate th
orderly conduct of the business of the Board, an agenda shall be
prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the direction of a member of the
Board, the Community Redevelopment Manager or the City Attorney.
Whenever feasable, each item on the agenda shall contain a staff
recommendation and the specific action requested to be taken by the
Board. The agenda shall be made available to the public as soon thereafter as practicable.
(b) No matters other than those listed on the agenda shall be finally acted upon by the Board, provided, however, that matters no on the agenda but deemed to be of an important or urgent nature by
any Board Member, the Community Redevelopment Manager, or the City Attorney may be submitted for Board consideration and action, subject to an explanation of the importance or urgency stated in open Board meeting. No matter may be considered by the Board other than those matters on the agenda without the unanimous consent of the Board present at the meeting.
(c) The order of business established on the agenda shall be followed unless the Chairperson, with the consent of a majority of the Design Review Board, permits a matter to be taken out of the regular agenda order.
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7 Correspondence Availability to the Public. (a) Correspondence addressed to the Board which is received by the Community Redevelopment Manager or any officer or employee of the City shall not be a matter of public record unless it is received and filed by the Board at a regular, special, or adjourned meeting
of the Board. Correspondence shall not be read aloud at a Board meeting unless requested by a majority vote of the Board.
(b) Sufficient copies of each correspondence shall be provided so that each Board Member and the Community Redevelopment Manager will
have a copy. In addition, three additional copies for public
inspection at the meeting shall be provided.
8 Correspondence Authority of Community Redevelopment Manager (a) The Community Redevelopment Manager is authorized to open and
examine all mail or other written communications addressed to the Design Review Board, except correspondence addressed to individual Design Review Board members, and to give it warranted attention to the end that all administrative business referred to in said
communications and not requiring Design Review Board action may be acted upon between Board meetings provided, that all communications
and any action taken pursuant thereto shall be reported to the
Design Review Board.
(b) Correspondence deemed to be of an important or urgent nature ma
be submitted for Board consideration at a Design Review Board meeting.
9 Quorum. Three members of the Board shall constitute a quorum for the transaction of business. Four affirmative votes shall be required for any Design Review Board action. Less than a quorum may adjourn from time to time. Where there is no quorum, th Chairperson, Vice Chairperson or any member of the Board shall adjourn such meeting, or if no member of the Board is present, the Community Redevelopment Manager shall adjourn the meeting. For the purpose of considering any item subject to vote of the Board, when member of the Board is disqualified due to a conflict of interest, his presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be deferred until a quorum of noninterested Board Members are present to discuss and vote on them if a disqualification reduces those in attendance to less than a quorum.
10 Conduct of Business. The time set for each regular meeting, each member of the Board, the Community Redevelopment
Manager, Minute Clerk, City Attorney and such department heads or others as have been requested to be present shall take their regula places in the Council Chambers. The business of the Board shall be conducted in substantially the order and in the manner herein
provided.
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11 Order of Business. The business of the Design Review Boarc shall be taken up for consideration and disposition in the followins xder :
1. Call to Order.
2. Roll Call,
3. Pledge of Allegiance
4. Continued Items.
5. Public Hearings.
6. Non Public Hearing Items. 7. Design Review Board Additional Business.
8. City Attorney Additional Business. 9. Community Redevelopment Manager Additional Business.
10. Approval of Minutes.
11. Adjournment.
Business will be considered in the order shown above, unless modified as provided for in this Chapter.
12 Call to Order Presiding Officer. The Chairperson, or in his absence the Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the Board to order. In tht
absence of the Chairperson and the Vice Chairperson, the Community
Redevelopment Manager shall call the Board to order, where upon a
temporary presiding officer shall be elected by the Board Members
present, Upon the arrival of the Chairperson or the Vice
Chairperson, the temporary presiding officer shall relinquish the
chair at the conclusion of the business then before the Design
Review Board. Whenever the term 'Chairperson' is used in these
rules, and the Chairperson is absent, it shall apply equally to the
Vice Chairperson, and if he is also absent, to the presiding office1
elected pursuant to this section.
13 Roll Call, Before proceeding with the business of the
Board, the Minute Clerk shall call the roll of the Design Review Board Members and the names of those present shall be entered in thc minutes.
14 Reading of the Minutes. Unless the reading of the minutes of a meeting is requested by a member of the Board, the minutes may be approved without reading if each member of the Board has previously been furnished with a copy thereof.
15 Minutes. The minutes of the Board shall be kept by the Minute Clerk and shall be neatly typewritten in a book kept for thai purpose, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Minute Clerk shall be required to make a record only of such business as was actualy passed upon by a vote of the Board and shall not be required to make a verbatim transcript of the proceedings, and provided, further, that a record shall be made of the names and addresses of persons addressing the Board, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter.
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A Board Member may request, through the Chairperson, the privilege
of having an abstract of his statement on any subject under
consideration by the Board entered in the minutes. If there is no
objection from any member of the Board, such statement shall be
entered in the minutes.
16 Distribution of Minutes. As soon as possible after each
meeting, the Minute Clerk shall furnish a copy of the mintes to eacl
Board Member, the City Manager, City Attorney, Community Redevelopment Manager and any other indviduals designated by the City Manager.
17 Recordings of Meetings. (a) The Minute Clerk may tape record Desiqn Review Board meetinqs as-an aid in the preparation-of the minutes. If tape recordings-art made, they shall be retained by the Minute Clerk until such time as
the minutes have been approved by the Board. Upon such approval of the written minutes by the Board, the Minute Clerk may reuse or erase such tape recordings unless specifically requested by the Board or the City Attorney to retain such tapes at the time the
minutes are approved.
(b) While the Minute Clerk has the tape recordings in her possession, members of the public may hear tape recordings of the Board meetings during office hours when it will not inconvenience
the ordinary operation of the City Clerk's Office. Brief or
shorthand notes may be made; mechanical recordings may be made from said tapes; and in this connection, the Minutes Clerk is further
authorized to allow the recording machine to be used by the public for listening purposes when such machine is not necessary for use b: the City Clerk in the ordinary function of the office. The
provisions of this sectin shall be administered according to the
provisions of Section 1.20.170 of the Carlsbad Municipal Code.
(c) If any person wishes a record of the Design Review Board meeting, or any portion thereof, a request therefore shall be filed with the City Clerk twentyfour hours prior to the meeting. If such a request is received, the Minute Clerk shall make arrangements to make and preserve such a record at the expense of the person making the request.
If any person desires to have a matter reported by a steno- grapher reporter, he may employ one directly at his expense or request that the City Clerk arrange, also at the requesting party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The City Clerk
may require a deposit before making arrangements for any such record.
18 Presiding Officer. The Chairperson of the Board shall be
the Presiding Officer at all meetings of the Design Review Board.
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19 Powers and Duties of Presiding Officer. The Presiding 3fficer may move, second, debate, and vote from the Chair. He shal not be deprived of any of the rights and privileges of a Board gember by reason of his acting as Presiding Officer. The Presiding 3fficer or such person as he may designate may verbally restate eac
question immediately prior to calling for the vote. Following the
vote the Presiding Officer shall announce whether the question carried or was defeated. The Presiding Officer shall be responsibl for the maintenance of order and decorum at all meetings. He shall 3ecide all questions of order and procedure subject, however, to an appeal to the Board in which case the matter shall be determined by
majority vote of the Board. The Presiding Officer shall sign all
resolutions, and other documents necessitating his signature which were adopted in his presence unless he is unavailable in which case an alternate Presiding Officer may sign such documents.
20 Gaining the Floor. Every Board Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himsef to the question under debate, avoiding reference to character and indecorous language.
21 Questions to the Staff. Every Board Member desiring to question the City Staff shall, after recognition by the Presiding Officer, address his question to the appropriate Staff member or to the Community Redevelopment Manager or City Attorney. shall be limited to inquiries relevant to the item. Questions
22 Interruptions. A Board Member once recognized shall not b interrupted when speaking unless called to order by the Presiding Officer, or unless a point of order or personal privilege is raised by another Board Member, or unless the speaker chooses to yield to question by another Board Member. If a Board Member while speaking is called to order he shall cease speaking until the question of order is determined and if determined to be in order, he may proceed. Members of the City Staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
23 Points of Order. The Presiding Officer shall determine a1 points of order subject to the right of any Board Member to request
full Board ruling and the question shall be, "Shall the decision of
the Presiding Officer be sustained?" A majority vote shall
conclusively determine such question of order.
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24 Point of Personal Privilege. The right of a Board Member
to address the Board on a question of personal privilege shall be
limited to cases in which his integrity, character or motives are
questioned or where the welfare of the Board is concerned. A Board Member raising a point of personal privilege may interrupt another Board Member who has the floor only if the Presiding Officer recognizes the privilege.
25 Privilege of Closing Debate. Subject to the provision of Section 26, the Board Member moving the adoption of a resolution or
motion shall have the privilege of closing debate, subject to a Board majority ruling that debate should continue.
26 Calling the Question. A member of the Board 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 Board shall then vote on the motion without further discussion.
27 Protest Against Board Action. Any Board Member shall have the right to have the reasons for his dissent from or his protest against any action of the Board entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons..."
28 Public Hearings When Held. (a) Wherever by law the Board is required to hold a public hearing on any matter before it, such hearing will be held in accordance with the rules and procedures set forth in these rules. Nothing herein shall prohibit or limit the Board from holding a public
hearing on the matter before it, whether required by law or not, nothing herein shall prohibit or limit any mamber of the public fro1
addressing the Board in accordance with the procedures provided for
in these rules irrespective of whether or not a public hearing is
held.
(b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the Board convenes. The Board shal:
hold such hearings in order, in accordance with the schedule on the agenda at that time or as soon thereafter as practicable.
29 Public Hearings Procedure. (a) The Presiding Officer shall announce that it is the time and place for a public hearing scheduled on the agenda.
(b) Prior to all Design Review Board public hearings copies of the Board's agenda with attachments, including the staff report, if any, shall be available at the Office of the Community Redevelopment Manager at least twentyfour hours prior to commencement of the hearing; provided however, the Board may allow in its discretion tht
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filing of supplemental reports which shall be made public at the commencement of the hearing. Any writing presented to the Board which has not previously been made available for public inspection, shall be made available as soon after the meeting as practicable. (c) The order of the hearing shall be as follows unless otherwise
required by law:
1. Presentation of Staff Report.
2. Presentation by the Applicant, if any.
3. Questions from the Board.
4. Testimony of Public
5. Response of Applicant
6. Termination of Public Testimony.
7. Discussion by Board - Further Questions of Staff.
(d) The provisions of Section 36 and Section 37 for addressing the
Board shall apply to persons testifying at public hearings except
that a written request to speak shall not be required.
(e) The Presiding Officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide
a fair hearing, set longer time limits than otherwise may be applicable to the hearing.
30 Public Hearings - Evidence. (a) During the public hearing the Board shall receive oral or written evidence relevant to the matter being considered which shal: become part of the record. The Presiding Officer or any member of the Board through the Presiding Officer may require any member of the Design Review Board to swear any person giving evidence at the
time of the hearing on the matter under consideration, if in the
opinion of the Presiding Officer or any member of the Board, the
oath is necessary. Evidence received at public hearings provided
for in this Resolution shall be relevant and material to the issues before the Board; provided, however, that the rules of evidence as established by the Evidence Code for the State of California shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the Board of the matter which is the subject of the public hearing. Failure on the part of the Board to strictly enforce rules of evidence or to reject matters which may be irrelevant or immaterial shall not affect the validity of the hearing. Any procedural errors which do not affect the substantial rights of the parties shall be disregarded. Any person, other than a member of the Board, who wishes to direct
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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 discretion restrict the number and
nature of any questions asked pursuant to this section.
(b) If there is a Staff report it shall be considered as evidence and shall become a part of the record of a public hearing. Such report need not be read in full as part of the Staff presentation.
A synopsis of such report may be presented orally by Staff members to the Board, In addition, any of the following may be presented tc
the Board and, if presented, shall also become part of the record.:
1. Exhibits and documents used by the City Staff and any persons participating in the hearing.
2. Maps and displays presented for use at the hearing provide4
that, whenever practicable, they shall be displayed in ful view of the participants and the audience.
3. All communications and petitions concerning the subject matter of the hearing provided that a reading of such matters only shall be had at the request of a Board
Member.
4. Information obtained outside the Council Chambers, such as a view of the site, provided such information, to the
extent it is relied upon, shall be disclosed for the
record.
(c) All exhibits, reports, maps and other physical evidence placed before the Board shall be retained by the Secretary of the Design
Review Board as public records. Such exhibits may be released by the Secretary with the approval of the City Attorney,
31. Public Hearings Continuation. At any time that it
appears to the Presiding Officer or a majority of the Board through the Presiding Officer, that inadequate evidence has been presented to afford judicious consideration of any matter before the Board at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant the public, or the City Staff adequate time to assemble additional evidence for the Board's consideration. Any continuation ordered b: the Board through its Presiding Officer shall be to a date certain,
which said date shall be publicly announced in the Council Chamber and shall constitute notice to the public of the time and place tha further evidence will be taken. The public announcements provided for herein shall consitute notice to the applicant and the public o time and place when further evidence will be taken by the Board. The Board shall also have the option to set the matter to a hearing
de novo.
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32 Public Hearings - Termination of Public Testimony. When th public has no further evidence to present, when in the opinion of
the Presiding Officer no new public evidence is being presented or
when in the opinion of Presiding Officer the evidence is sufficient the Presiding Officer may terminate the public testimony.
Termination of the public testimony does not close the Public Hearing.
33 Public Hearings Closing. When neither the applicant, the public, or the City Staff have further evidence to produce or when in the opinion of the Presiding Officer sufficient evidence has bee presented, the Presiding Officer shall order the public hearing closed, at which time no further evidence either oral or written will be accepted by the Board; provided, however, that this rule ma
be relaxed by the Presiding Officer or the majority of the Board through 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.
34 Public Hearings Reopening. A public hearing on any matte
once closed cannot be reopened on the date set for hearing unless the Presiding Officer determines that all persons who were present when the hearing closed are still present. Nothing herein, however
is intended to prevent or prohibit the reopening of a public hearin at any subsequent regular or special meeting of the Board. No public hearing may be reopened without due and proper notice being given to the applicant and the public designating the time and plac of said opening.
35 Public Hearing Decision. (a) The Board shall consider all evidence properly before them in accordance with these procedures. The Board shall then act upon th item. The Board may instruct the Community Redevelopment Manager t
return with the documents necessary to effect the decision includin findings as may be appropriate to the matter. Upon return of such
documents, the Board shall determine if the findings are supported
by the evidence before them at the hearing and if the decision is supported by the findings and after making any changes render their decision by taking action on the documents. The Board's decision i not final until adoption of the documents.
(b) A Board Member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless he has examined all the evidence including listening to a recording of the oral testimony, if a recording is made, or the minutes, and can represent that he has a full understanding of the matter.
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36 Request to Address the Design Review Board on Items Other Than Listed Public Hearing. (a) It is the policy of the Board to permit limited presentations by members of the public on nonpublic hearing agenda items. The Presiding Officer may in the absence of objection by a majority of the Board Members present, decline to permit such presentations on any particular nonpublic hearing item.
(b) Any person or group of persons desiring to address the Board o a nonhearing matter must file with the Community Redevelopment Manager a written request for permission to address the Board in advance of the Board's consideration of the item. The presiding officer may grant consent to address.
(c) Each person desiring to address the Board shall approach the podium, state his name and address for the record, state the subjec
he wishes to discuss, state whom he is representing if he represent
an organization or other persons, and unless further time is grante
by majority vote of the Board, shall limit his remarks to five
minutes, All remarks shall be addressed to the Board as a whole an not to any one member thereof, No questions shall be asked of a
Board Member or a member of the City Staff without obtaining
permission of the Presiding Officer. The Presiding Officer shall not permit any communicaton, oral or written, to be made or read where it does not bear directly on the agenda item then under
discussion. (d) After a motion has been made no member of the public shall address the Board from the audience on the matter under con- sideration without first securing permission to do so by a majority vote of the Board.
(e) No person shall address the Board without first securing the permission of the Presiding Officer.
37 Addressing the Board-Spokesman for Group of Persons. (a)
In order to expedite matters and to avoid repetitious presentations
whenever any group of persons wishes to address the Board on the
same subject matter, it shall be proper for the Presiding Officer t require that a spokesman be chosen from the group to address the Board. If additional matters are to be presented by any other members of the group the Presidinq Officer may limit the number of such persons and limit the presentation to information not already presented by the group spokesman.
(b) For items other than those set for public hearing, groups of persons shall be limited to a total presentation period of five
minutes. Further time may be granted by majority vote of the Board.
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38 Decorum and Order - Board and City Staff. While the Board in session, the Board Members and City Staff shall observe good order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Board nor disturb any member while speaking or refuse to obey the directives of the Presiding Officer.
39 Decorum and Order - Audience. Members of the public attending Board meetings shall observe the same rules of order and decorum applicable to the Board Members and City Staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Board or while attending the Board's meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Board. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, and if such conduct continues, he shall direct the Sergeant-at-Arms to remove such offenders from the room.
40 Enforcement of Decorum. (a) The Police Chief or such other person as he may designate shal be Sergeant-at-Arms of the Board. The Sergeant-at- Arms shall be available on an on call basis for regular and adjourned meetings.
(b) Any member of the Board or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interruptin the proceedings of the Board, or who refuses to carry out orders an instructions given by the Presiding Officer for the purpose of
maintaining order and decorum at the Board meeting, or who
interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor.
41 Voting Procedures. Voting shall be conducted by the use o
the voting light system installed in the Council Chambers. A red
light designates a 'No or Negative' vote, a green light designates 'Yes or Affirmative' vote, and an amber light designates a vote to 'Abstain'.
The Board may at any time, or from time to time, dispense with the use of the voting light system by voice vote of the majority. In such an event, voting shall be conducted by voice vote until SUC time as a determination is made to again use the voting light system, or some other system.
When the Board is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Board Member voting. Affirmative vote shall be registered by the oral statement of 'YES' or 'AYE' by the Boarder voting.
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42 Disqualification for Conflict of Interest. If a Board
Member has reason to think a conflict of interest may exist, he shall give the facts of the matter to the City Attorney and request advice thereon prior to the meeting.
Any Board Member who is disqualified from voting on a par- ticular matter by reason of a conflict of interest shall publically state or have the Presiding Officer state the nature of such disqualification in the open Board meeting. A Board Member who is disqualified by reason of a conflict of interest in any matter shal remove himself from the chamber during the debate and not vote or otherwise participate on such matter, or may request and be given the permission of the Presiding Officer to step down from the Board
Member seat and leave the Chamber. A Board Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the
outcome of any vote on such matter.
43 Failure to Vote. Every Board Member should vote unless
disqualified by reason of conflict of interest. A Board Member who
abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.
44 Changing Vote. A Board Member may change his vote only if a timely request to do so is made immediately following the announcement of the vote by the Presiding Officer and prior to the time the next item in the order of business is taken up. A Board
Member who publicly announces that he is abstaining from voting on particular matter shall not subsequently be allowed to withdraw his
abstention.
45 Reconsideration.
(a) A motion to reconsider any action taken by the Board may be
made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or
adjourned sessions thereof. Such motion may be made only by one of
the Board Members who voted with the prevailing side. Nothing herein shall be construed to prevent any Board Member from making o
remaking the same or any other motion at a subsequent meeting of th Board. ///
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(b) A motion to rescind, repeal, cancel or otherwise nullify prior
Board action shall be in order at any subsequent meeting of the
Board. The effect of such action shall operate prospectively and
not retroactively and shall not operate to adversely effect
individual rights which may have vested in the interim.
46 Preparation of Resolutions. All resolutions shall be prepared by the Community Redevelopment Manager or City Attorney. No resolution shall be prepared for presentation to the Board unles requested by a Board Member, the Chairperson, City Manager, City Attorney or prepared by the Community Redevelopment Manager on his initiative. No resolution shall be presented to the Board unless its form has been approved by the City Attorney; this approval need not be indicated on the resolution.
47 Motions. (a) A motion is the formal statement of a proposal or question to
the Board for consideration and action. Every Board Member has the
right to present a motion. A motion is generally considered in the nature of direction or instruction, however, a motion will general1
suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument.
(b) If the motion contains two or more divisible propositions, the Presiding Officer may divide the same.
(c) If a motion is properly made the Presiding Office shall call for a second. No further action is required on a motion which does
not receive a second.
(d) When a motion is made and seconded it may be restated by the Presiding Officer before a vote. After extensive discussion on a motion the Presiding Officer should restate the motion before a vote.
(e) A motion once before the Board, may not be withdrawn by the maker without the consent of the second.
(a) When a main motion is before the ?3oard, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:
48 Precedence of Motions.
1.
2.
3. 4.
5.
6. 7. 8.
9.
10.
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Adjourn. Recess. Table. Previous Question. Limit or extend Debate. Refer to Committee or Staff. Substitute. Amend.
Postpone. Main Motion.
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(b) The order of preference in Subsection (a) is subject to the following restrictions:
1. A motion shall not be in order which repeats a motion made previously at the same meeting unless there has been some intervening Board action or discussion.
2. A motion shall not be in order when the previous ques- tion has been ordered.
3. A motion shall not be in order while a vote is being taken.
4. A motion shall not be in order when made as an inter- ruption of a Board Member while speaking.
49 Particular Motions, Purpose and Criteria. The purpose and salient criteria of the motions listed in Section 48 is as follows:
1.
2.
3.
4.
5.
Motion to Adjourn.
Purpose. To Terminate a Meeting.
Debatable or amendable. No, except a motion to adjourn to another time is debatable and amendable as to the
time to which the meeting is to be adjourned.
Motion to Recess.
Purpose. To permit an interlude in the meeting and to to set a definite time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
Motion to Table.
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.
Debatable or Amendable. It is debatable but not amendable.
Motion for Previous 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.
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. Not debatable; amendments are
restricted to period of time of the proposed limit or extension.
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6.
7.
8.
9.
10.
Motion to Refer to Committee or Staff.
Purpose. To refer the question before the Board to a Committee or to the City Staff for the purpose
of investigating or studying the proposal and to
make a report back to the Board. If the motion
fails, discussion or vote on the question resumes.
Debatable or Amendable. Yes
Substitute Motion.
Purpose. To strike out one main motion and insert another main motion in its place which may be done so
long as it is related to the subject of the original motion.
Debatable or Amendable. The substitute motion is left unacted on until Board Members have the oppor-
tunity to perfect the main motion by amendments if de- sired. The substitute motion is debatable and subject
to amendment. After amendments have been offered, the
substitute motion is voted upon and, if adopted,
strikes the main motion.
Amend .
Purpose. To modify or change a motion that is being
considered by the Board so that it will express
more satisfactorily the will of the members. If the
motion passes, then the main motion should be voted
on as amended.
Debatable or Amendable. It is debatable unless ap-
lied to an undebatable main motion. It is amendable.
Motion to Postpone.
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 shall not be brought up again until the speci- fied date or event.
Debatable or Amendable. It is debatable but not amendable.
Main Motion.
Purpose. The primary proposal or question before the Board for discussion and decision.
Debatable or Amendable. Yes.
50 Resolutions. Formal Board actions on all items
before it shall be made by resolution. When necessary the resol-
lution shall contain appropriate findings and declarations.
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51 Resolutions Adoption. (a) Where a particular resolution has been prepared and is beforl the Board, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full provided it is identified by the Presiding Officer. Upon request of any member of the Board, the resolution shall be read by title or in full.
(b) Where a particular resolution has not been prepared a motion tc
direct the Community Redevelopment Manager to prepare the document and return it to the Board is in order.
(c) Where 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 Board. (d) No resolution shall be presented to the Board unless approved
by the City Attorney. This approval need not be indicated on the
resolution itself.
52 Correction of Documents. Upon occasion Resolutions or
other documents are submitted in draft form or on the spot amend-
ments occur or typographical or other technical errors are found
which necessitate retyping of the document; and such redraft, when
properly executed, shall become the original document.
53 Robert's Rules of Order. If a matter arises at a Board
meeting which is not covered by this chapter or applicable
provisions of Federal or State law or the Carlsbad Municipal Code
the procedures of the Board shall be governed by the latest revised
edition of Robert's Rules of Order.
54 Failure to Observe Procedures. The provision of these
Rules are adopted to expedite the transaction of the business of thc Board 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 Board or invalidate any
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action taken at a meeting that is otherwise held in conformity
with law.
PASSED, APPROVED AND ADOPTED by the Design Review Board
of the City of Carlsbad at a regular meeting held the 12th day of
January, 1983, by the following vote, to wit:
AYES: MARCUS, ROMBOTIS, SCHLEHUBER, MC COY and HOLMES
NOES: NONE
ABSENT NONE
YL ABSTAIN : NONE
MARY CUS, Chairperson
CARLS DESIGN REVIEW BOARD
ATTEST :
1 CHRIS SALOMONE
COMMUNITY REDEVELOPMENT MANAGER
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