HomeMy WebLinkAbout2006-04-11; Carlsbad Tourism Business Improvement District; 0406-6; Adoption Rules of Procedure Establish Professional Services Regular Meeting Time PlaceCARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT - AGENDA
BILL
AB# Q406-6
MTG. 4-11-06
TIME AND PLACE
DEPT.
Attorney
TITLE:
ADOPTION OF RULES OF PROCEDURE, PROFESSIONAL
SERVICES, AND ESTABLISHING REGULAR MEETING
ORIGINATOR:
GENERAL C
RECOMMENDED ACTION:
If the Board deems it appropriate, adopt Resolution No. 2006-3 incorporating the City
Council's rules of procedure, incorporating part of the Carlsbad Municipal Code of the
Purchasing Ordinance dealing with professional services, and establishing a regular
meeting day, time and place.
ITEM EXPLANATION:
At its meeting of Wednesday, February 15, 2006, the Board of Directors of the
advisory board of the Carlsbad Tourism Business Improvement District added a
discussion of, and potential adoption of, its Rules of Procedure, incorporating part of
the Carlsbad Municipal Code for the acquisition of professional services, and to
consider adopting a regular meeting time and place.
The attached Resolution would accomplish those matters.
ENVIRONMENTAL IMPACT:
None. Pursuant to Public Resources Code Section 21065 and CEQA Guidelines 15378,
this action does not constitute a "project" within the meaning of CEQA and, therefore, does
not require environmental review.
FISCAL IMPACT:
None. All members of the advisory board serve without compensation.
EXHIBITS:
1. Resolution No. 2006-3
2. Chapter 1.20, City Council Procedures
3. Section 3.28.070, Professional Services
DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891
1 RESOLUTION NO. 2006-3
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADVISORY
BOARD OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT
3 DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, TO ADOPT
4 RULES OF PROCEDURE, PROFESSIONAL SERVICES GUIDELINES
AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE
5
WHEREAS, the Board of Directors of the Carlsbad Tourism Business
7
Improvement District wishes to adopt rules of procedure; and
8
WHEREAS, the Board of Directors of the Carlsbad Tourism Business
9
Improvement District wishes to adopt guidelines for professional services; and
WHEREAS, the Board of Directors of the Carlsbad Tourism Business
12 Improvement District wishes to adopt a regular meeting day, time and place;
13 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Carlsbad Tourism Business Improvement District of the City of Carlsbad, California, as
15 follows:
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1. That the above recitations are true and correct.
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2. That Chapter 1.20, of the Carlsbad Municipal Code, entitled "City18
19 Council Procedures" is adopted in its entirety as the procedures of the Board of
20 Directors of the Carlsbad Tourism Business Improvement District.
21 3. That section 3.28.070 of the Carlsbad Municipal Code entitled
22 "Professional Services" is adopted as the guidelines for the Board of Directors of the
23 Carlsbad Tourism Business Improvement District.
24
4. That the Board of Directors of the Carlsbad Tourism Business
25
Improvement District sets its regular meetings as follows:
26
The third Thursday in June and the last Thursday in August, at 1:00 p.m.
28 at 1635 Faraday Avenue, Carlsbad, CA in Conference Room 173A or 173B.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Board
of Directors of the Carlsbad Tourism Business Improvement District of the City of
Carlsbad held on the 11 day of t~w F i I , 2006 by the
following vote, to wit:
AYES: b
NOES: O
ABSENT: (
APRIL SHUTE, Chair
ATTEST:
LORRAINE ^/OOb
^Pro Tem Clerk of the
Carlsbad Tourism Business Improvement District
-2-
EXHIBIT 2
1.20.010
Chapter 1.20
CITY COUNCIL PROCEDURE
Sections:
1.20.010 Regular meetings.
1.20.020 Special meetings.
1.20.025 Emergency meetings.
1.20.030 Adjourned meetings.
1JO.OS0 Meeting!! to be public-
Exceptions—Closed sessions.
1.20.06(1 Council agenda.
1.20.070 Correspondence—Availability
to the public.
1.20,080 Correspondence—Authority of
city manager.
1.20.090 Quorum.
1.20.100 Conduct of business.
U0.HO Order of business.
1.20.120 Call to order—Presiding officer.
1.20.130 Roll call.
1.20.140 Reading of minutes.
1.20.150 Minute*.
1.20.160 Distribution of minutes.
1.20.170 Recordings of meetings.
1.20.180 Consent calendar.
1.20.)90 Presiding officer.
L20.2DO Powers and duties of presiding
officer.
1.20.210 Gaining the floor.
1JHL220 Questions to the staff.
1.20.230 Interruptions.
1.20.240 Points of order.
1.20.250 Point of persona) privilege,
1.20J60 Privilege of closing debate.
1.20.270 Calling the question.
1.20.280 Protest against council action.
1.20.290 Request to address the council
on items other than listed public
bearing.
1.20 JOB Ad dressing the co u acil—
Spokesman for group of
persons.
1.20,305 Opportunity for public to
address the council—
N on agenda items.
1.20.310 Decorum and order—Council
and tit> staff.
1.20.320 Decorum and order—Audience.
1.20J30 Enforcement of decorum.
1.20340 Voting procedures.
1.20J50 Disqualification far conflict of
Interest.
1.20J60 Failure to vote.
1.20J70 Tie vote.
1.20380 Changing vote.
1JOJ90 Reconsideration.
1.20.400 Preparation of ordinances.
1.20.410 Reading of ordinances and
resolutions.
1.20.420 Public hearings—When held.
1.20.430 Public hearing!!—Procedure.
1.20.440 Public hearings—Evidence.
1.20.450 Public hearings—Continuation.
1.20.460 Public hearings—Closing.
1.20,470 Public hearings—Reopening.
1.20.480 Public hearing—Decision.
1.20.490 Motions.
1.20.500 Precedence of motions.
1.20.510 Particular motions, purpose and
criteria.
1.20.520 Resolution*.
1.20.530 Legislative action.
1,20,540 Resolutions—Adoption.
1.2(1,550 Ordinances—Adoption.
1.20560 Correction of documents.
1.20.570 Robert's Rules of Order.
1.20.580 Council policy manual.
1.20.590 Failure to observe procedures!—
Waiver.
1.29.600 Appeals procedure.
1.20.010 Regular meetings.
The city council shall hold regular meetings on the
first four Tuesdays of each month at the hour of 6:00
p.m., in the council chambers at the City Hall. 1200
Carlsbad Village Drive, Carlsbad, or such other place
to which a meeting is adjourned. If by reason of fire,
flood or other emergency, it is unsafe to me« in the
council chambers, the meetings may be held for the
duration of the emergency at such other plaoe as is
1.20.010
designated by the mayor, or, if he should fail to act,
by three members of the city council. 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 the city council. (Ord. NS-534
§ 2,2000: Ord. 1273 § 1. 1984; Ord. 1213 § 2 (part),
1979)
1,20,020 Special meetings.
Special meetings may be called at any time by the
mayor or three members of the city council by deliv-
ering personally or by mail, facsimile, or electronic
mail, written notice to each council 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 person-
ally, or by mail, facsimile, or electronic mail, at least
twenty-four hours before the time of such meeting as
specified in the notice. The call and notice shall spec-
ify 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 council member who at
or prior to the time the meeting convenes files with
the city clerk a written waiver of notice. Such waiver
may be given by telegram, facsimile, or electronic
mail. Such written notice may also be dispensed with
as to any council member who is actually present at
the time it convenes. The call and notice shall be
posted at least twenty-four hours prior to the special
meeting on the council chambers door. (Ord. NS-744
§2,2QOS:Qrd. 1292§ 1,1986; Ord. 1213 § 2 (part).
1979)
1.20.025 Emergency meetings.
Notwithstanding anything in this code to the con-
trary, the city council may hold an emergency meet-
ing pursuant to and in accordance with the provisions
of Section 54956.5 of the California Government
Code. (Ord. ! 292 §2, 1986)
1.20.030 Adjourned meetings.
All meetings may be adjourned to a lime, 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
mayor by a simple declaration thereof in the absence
of a protest by any council member. Meetings may
also be adjourned upon the making and seconding of
such a motion in accordance with the procedures on
motions established by this chapter. If a quorum is
not present, less than a quorum may so adjourn a
meeting. If all members of the council are absent, the
city clerk 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 1.20.020 for special meetinp.
When any meeting is adjourned, the city clerk shall
post notice of such adjournment on the council
chamber door within twenty-four hours after the time
of the adjournment. When a regular or adjourned
regular meeting is adjourned as provided in this sec-
tion the resulting meeting is a regular meeting for the
purpose of transacting business. (Ord. 1292 §3,
1986; Ord. 1213 § 2 (part), 1979)
1.20.050 Meeting* to be public—
Exceptions—Closed sessions.
(a) All meetings of the city council shall be open
to the public provided, however, the city council may
hold closed sessions during any meeting from which
the public and any person or entity having filed writ-
ten request for notice of meetings, may be excluded
for the purpose of considering the matters, as author-
ized by Title 5, Division 2, Part I, Chapter 9, Sec-
tions 54950 through and including 54961 of the Gov-
ernment Code of the State of California or other ap-
plicable law.
(b) No member of the city council, employee of
the city or any other person present during a closed
session of the council shall disclose to any person the
content or substance of any discussion which took
place during said closed session unless the city coun-
cil first authorizes the disclosure of such information
by a majority vote. (Ord. 1292 § 5, 1986: Ord. 1213
§'2 (part), 1979)
1.20.060 Council agenda.
(a) An agenda shall be prepared for each council
(Carbtad S«pc No 12. 5-05 j 14
1.20.060
meeting containing the time and place of the meet-
ing, toe order of business and a general description,
including the specific action requested to be taken
by the council, for each item of business to be trans-
acted or discussed at tbe meeting. Items of business
may be placed on the agenda by the direction of a
member of the council, ttie city manager or the city
attorney. Council originated items Shall be submitted
to the city manager by Friday, twelve days prior to
the scheduled council meeting. The city manager
shall promptly give copies to the other members of
the city council for their review and comment. Com-
ments must be rettraed to &e city manager by
Wednesday, seven days prior to toe scheduled coun-
cE meeting. The city manager shall include any such
comments as a pan of the agenda item. If time
constraints require it tbe mayor may approve expe-
dited processing for a council originated item pro-
vided copies are made available to toe other mem-
bers of the council, the city attorney and the city
manager as soon as the item is prepared and, to the
extent possible, any comments received shall be
incorporated. Agenda items, including ordinances,
resolutions, contracts, staff reports or other matters
to be submitted to the council, shall be delivered to
the city clerk not later than five p.m. on the
Wednesday preceding the regular meeting. The clerk
sbaU thereafter prepare an agenda packet under the
direction of the city manager. The agenda packet
shall be delivered to the council members on the
Friday preceding the regular meeting. Tbe agenda
packet shall be made available to tbe public as soon
thereafter as practicable.
(b) All agenda items, ordinances, resolutions and
contract documents shall, before presentation to the
council, have been approved as to form and legality
by the city attorney or his authorized representative,
and shall have been examined and approved for
administration by the dty manager or his authorized
representative, where there are subsuntive matters
of administration involved.
(c) The city clerk shall post the agenda on the
council chamber doors at least seventy-two hours
before a regular council meeting. The city clerk
shall prepare and file a signed declaration of the
time and place of posting and a certified copy of the
posted agenda. Except as provided in subsection (f)
of this section no business shall be transacted or
discussed at the meeting on any item not appearing
on the posted ageada. A direction by the mayor with
the consent of the council to refer a matter raised by
a member of tije public to staff for a report or to
place a matter on a future agenda shaU not consti-
tute action.
(d) The order of business established on the
agenda shall be followed unless the mayor, with the
consent of a majority of the council, permits a mat-
ter to be taken out of the regular agenda order.
(e) An agenda may be prepared for adjourned
meetings in the same manner as for regular meet-
lags, as set forth in subsection (a).
(f) The city council may discuss or take action
on items of business not appearing on the posted
agenda under any of the following conditioas:
(1) An item has been continued by the council to
a date certain from a properly posted agenda at a
meeting held five days or less before the date action
is taken on the item.
(2) Upon a determination by a two-thirds vote of
the council, or If less thaa rwo-feds of the mem-
bers are present a unanimous vote of those present
that the need to take action arose after the agenda
was posted.
(3) Upon a determination by the council mat an
emergency exists. For purposes of this section
"emergency" means a crippling disaster, work stop-
page or other activity which severely impairs public
health or safety where prompt action is necessary
due to the disruption or toeatened disruption of
public facilities, (Ord NS-22 § 1,1988; Ord. 1292
§ 6, 1986; Ord. 1233 I 1, 19&0; Ord 1213 § 2
(part), 1979)
1.20.070 Correspondence—Availability to
the public.
Correspondence addressed to the city council
which is received by the city clerk or any other
officer or employee of the city shaU not be a matter
of public record unless it is received and filed by
the council at a regular, special, or
14-1 CCurWwi 4-00)
1.20-070
adjourned meeting of the council. Correspondence
shall not be read aloud at a council meeting unless
requested by majority vote of the council, (Ord, 1213
§2 (part), 1979)
120.080 Correspondence—Authority of
city manager.
(a) The city manager is authorized to open and
examine ail mail or other written communications
addressed to the city council, except correspondence
addressed to individual council members, and to give
it warranted attention to the end that all administra-
tive business referred to in said communications and
not requiring council action may be acted upon be-
tween council meetings; provided, that alt communi-
cations and any action taken pursuant thereto shall be
reported to the city council.
(b) The city manager's office and city clerk's
office shall coordinate on mail received by the city
clerk's office in order to effectively accomplish the
purposes of this section.
(c) Correspondence concerning a matter on an
agenda for consideration by the council, which is
received prior to twelve noon on Thursday preceding
the meeting, shall be made a part of the agenda item.
(d) Correspondence requiring council action
shall be placed on an agenda as soon as practicable,
together with a report and recommendation front the
city manager. {Ord. 1292 § 7, 1986; Ord. 1213 § 2
(part), 1979)
1.20.090 Quorum.
Three members of the council shall constitute a
quorum for the transaction of business. Motions may
be passed by a majority of the quorum, but ordi-
nance, resolutions and orders for the payment of
money require at least three affirmative votes. Less
than a quorum may adjourn from time to time. Where
there is no quorum, the mayor, mayor pro tern or any
member of the council shall adjourn such meeting, or
if no member of the council is present, the city cierk
shall adjourn the meeting. For the purpose of consid-
ering any item subject to vote of the council, when a
member of the council is disqualified due to a con-
flict of interest, his or her presence shall not be con-
sidered in determining the presence of a quorum.
Consideration on such item shall be deferred until a
quorum of nontnterested council members are pre-
sent to discuss and vote on them if a disqualification
reduces those in attendance to less than a quorum,
(Ord. NS-709 § 1,2004: Ord.NS-597 § 2,2001: Ord.
1213 §2 (part), 1979)
1.20.100 Cond net of b u$i ness,
At the time set for each regular meeting, each
member of the council, the city manager, city clerk,
city attorney and such department heads or others as
have been requested io be present shall take their
regular places in the council chambers. The business
of the council shall be conducted in substantially the
order and in the manner provided in this chapter.
(Ord. 1213 §2 (part), 1979)
1.20.110 Order of business,
The business of the council shall be taken up for
consideration and disposition in the following order;
(1) Call to order,
(2) Roll call;
(3) Invocation;
(4) Pledge of allegiance:
(5) Approval of minutes;
(6) Special presentations;
(7) Consent calendar;
(8) Ordinances for introduction;
(9) Ordinances for adoption;
(10) Public hearings;
(11) Adjournment to other agency meetings;
(12) .Departmental and city manager reports;
(13) City council additional business;
(14) City attorney additional business;
(15) City manager additional business;
(16) Announcements;
(17) Adjournment.
Public comment as provided in Section 1.20.305
will be taken during the regular order of business at
such time as the city council by motion shall deter-
mine. All other business shall be considered in the
order shown above unless modified as provided for
in this chapter. (Ord- NS-74-1 | X 2005: Ord. 1298
15 (Cartstsxl&ufip MP
1.20.110
§ 1, 1987: Ord. 1292 § 8, 1986; Ord. 1213 § 2 (part),
S979)
1.20.120 Call to order—Presiding officer.
The mayor, or in his absence the mayor pro tern,
shall take the chair at the hour appointed for the
meeting and shall call the council to order. In the ab-
sence of the mayor and mayor pro tent, the city clerk
shall call the council to order, whereupon a tempo-
rary presiding officer shall be elected by the council
members present. Upon the arrival of the mayor or
the mayor pro tern, the temporary presiding officer
shall relinquish the chair at the conclusion of the
business then before the council. Whenever the term
"mayor" is used in this chapter, and the mayor is ab-
sent, it shall apply equally to the mayor pro tern, and
if he is also absent, to the presiding officer elected
pursuant to this section. (Ord. NS-597 § 3, 2001:
Ord. 1213 §2 (part), 1979)
1.20.130 Roll call.
Before proceeding with the business of the coun-
cil, the city clerk shall call the roll of the council
members and the names of those present shall be en-
tered in the minutes. (Ord. 121.1 § 2 (part), 1979)
1.20.140 Reading of minutes.
Unless the reading of the minutes of a council
meeting is requested by a member of the council, the
minutes may be approved without reading if the clerk
has previously furnished each member of the council
with a copy thereof. (Ord. 1213 § 2 (part), 1979)
1.20.150 Minutes.
(a) The minutes of the council shall be kept by
the city clerk and shall be electronically produced,
with a record of each particular type of business
transacted set off in paragraphs, with proper sub-
heads; provided, that the city clerk shall be required
to make a record only if such business as was actu-
ally passed upon a vote of the council and shall not
he required to make a verbatim transcript of the pro-
ceedings: and provided further, that a record shall be
made of She names and addresses of persons address-
ing the council, the title of the subject matter to
which their remarks related and whether they spoke
in support of or in opposition to such matter.
(b) A council member may request, through the
mayor, the privilege of having an abstract of his
statement on any subject under consideration by the
council entered in the minutes. If there is no objec-
tion from any member of the council, such statement
shall be entered in the minutes. (Ord. NS-744 § 4,
2005: Ord. 1213 § 2 (part), 1979)
1,20.160 Distribution of minutes.
As soon as possible after each meeting, the city
clerk shall furnish a copy of the minutes to each
council member, the city manager, city attorney, and
any other individuals desipated by the city manager.
(Ord. 1213 § 2 (part), 1979)
1,20 J 70 Recordings of meetings.
(a) The city clerk may record city council meet-
ings as an aid in the preparation of minutes. If re-
cordings are made, they shall be retained by the city
clerk until such time as the minutes have been ap-
proved by the city council. Upon such approval of
the written minutes by the city council, the city clerk
may reuse or erase such recordings unless specifi-
cally requested by the city council or the city attorney
to retain such recordings at the time the minutes arc
approved.
(b) While the city clerk has the recordings in her
possession, members of the public may hear the re-
cordings of the city council meetings during office
hours when it will not inconvenience the ordinary
operation of the clerk's office; brief or shorthand
notes may be made; mechanical recordings may be
made from the recordings unti! the minutes are ap-
proved unless ihe recording is retained according to
subsection (a) of this section; and in this connection,
the city clerk is further authorized to allow the
equipment to be used by the public for listening or
recording purposes when such equipment is not nec-
essary for use by the city clerk in the ordinary func-
tion of the office. Except as provided for in Chapter
1.16, unless a request to prepare a transcript is timely
submitted and accepted, the city clerk is not author-
ised to provide a transcripl of any recording. The city"
Supp. No 13,5-iSS)16
1.20.170
ctetfc may establish rales and regulations necessary to
protect the safety of the records against theft, mutila-
tion or accidental damage, to prevent inspection or
recording from interfering with the orderly function
of the office, and to ensure that the integrity of the
records is maintained. The city clerk may charge a
fee to cover the cost, including labor and materials,
of but not limited lo providing records and adminis-
tering this provision.
(c) If any person wishes a record of the city
council meeting, or any portion thereof, a request
therefor shall be filed with the city clerk twenty-four
hours prior to the meeting. If such a request is re-
ceived, the city clerk shall make arrangements to
make and preserve such a record at the expense of
the person making the request.
(d) If arty person desires to have a matter re-
ported by a stenographer reporter, he may employ
one directly at his expense, (Ord. NS-744 § 5,2005:
Od.NS-4§ 1,1988; Qrd. 1240§ 1,1981: Ord. 1213
§ 2 (part), 1979)
1.20.180 Consent calendar.
Certain items for inclusion on the agenda which
have been reviewed by the city manager, delivered to
the city council and made available to the public
prior to the council meeting, shall be grouped to-
gether for action and listed under the consent calen-
dar, when such matters are considered to be noncon-
troversial and in the nature of housekeeping items by
the city manager, requiring only routine action by the
council. Actions recommended by the city manager
shall be in summary form and be a part of that item.
Adoption of the consent calendar may be made by
one motion approved by the council; provided, how-
ever, that the mayor should first advise the audience
that the consent calendar matters will be adopted in
total by one action of the council unless any council
member or any individual or organization who has so
requested wishes to be heard on one or more consent
items. In that event, the mayor may defer action on
the particular matter or matters and place them on the
regular agenda for consideration in any order deemed
appropriate. A request from the public to discuss an
item must be filed with the city clerk in writing prior
to council consideration of the consent calendar.
The written agenda available to the public and to
the city council shall provide the following notice of
explanation to the public concerning the consent cal-
endar:
All matters listed under CONSENT CALENDAR
are considered by the council to be routine and will
be enacted by one motion in the form listed below.
There will be no separate discussion of these items
prior to the time the Council voles on the motion
unless members of the Council, the City Manager, or
the public request specific items to be discussed
and/or removed from the Consent Calendar for sepa-
rate action. A request from the public to discuss an
item must be filed with the City Clerk in writing
prior to Council consideration of the Consent Calen-
dar,
Members of the public who have requested per-
mission to discuss a Consent Calendar item should
come forward to the lectern upon invitation by the
Mayor, state their name, address and Consent Calen-
dar item number.
(Ord. 1213 §2 (part), 1979}
i .20.1W Presiding officer.
The mayor shall be the presiding officer at all
meetings of the city council. (Ord. 1213 § 2 (part),
1979)
1.20.200 Powers and duties of presiding
officer.
The presiding officer may move, second, debate,
and vote from the chair. He shall not be deprived of
any of the rights and privileges of a council member
by reason of his acting as presiding officer. The pre-
siding officer or such person as he may designate
may verbally restate each question immediately prior
to calling for the vote. Following the vote, the presid-
ing officer shall announce whether the question car-
ried or was defeated. The presiding officer shall be
responsible for the maintenance of order and deco-
rum at all meetings. He shall decide alt questions of
order and procedure, subject, however, to an appeal
17 (C»l*«l Sopp. No, 12, J-M>
1.20.200
to the council in which case the matter shall be de-
termined by majority vote of the council. The presid-
ing officer shall sign all ordinances, resolutions, con-
tracts, and other documents necessitating his signa-
ture which were adopted in his presence, unless he is
unavailable, in which case an alternate presiding of-
ficer may sip such documents, {Od. 1213 § 2(part),
1979)
1J0.210 Gaining the floor.
Every council member desiring to speak shall first
address the chair, gain recognition by the presiding
officer, and shall confine himself to the question un-
der debate, avoiding reference to character and in-
decorous language. (Ord, 1213 § 2 (part), 1979)
1.20.220 Questions to the staff.
Every council member desiring to question the
city staff shall, after recognition by the presiding of-
ficer, address his questions to the city manager, or the
city attorney, who shall be entitled either to answer
the inquiry himself or to designate a member of his
staff for that purpose, (Ord. 1213 § 2 (part), 1979)
1.20,230 Interruptions.
A council member, once recognized, shall not be
interrupted when speaking unless called to order by
the presiding officer, or unless a point of order or
personal privilege is raised by another council mem-
ber, or unless the speaker chooses to yield to a ques-
tion by another council member. If acouncil 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 comple-
tion of their remarks or until recognition is with-
drawn by the presiding officer. (Ord. 1213 § 2 (part),
!979)
J .20.240 Pttints of order.
The presiding officer shall determine all points of
order subject to the right of any council member to
request full council ruling, and the question shall be,
"Shall the decision of (he Presiding Officer be sus-
tained?** A majority vote shall conclusively deter-
mine such question of order. (Ord. 1213 § 2 (part),
1979)
1.20.250 Point of personal privilege.
The right of a council member to address the
council 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
council is concerned, A council member raising a
point of persona! privilege may interrupt another
council member who has the floor only if the presid-
ing officer recognizes the privilege, (Ord. 1213 § 2
(part), 1979)
1.20.260 Privilege of closing debate.
Subject to the provisions of Section 1.20.270, the
council member moving the adoption of an ordi-
nance, resolution or motion shall have the
SCsrHfc&iJ Sopp No. II. S-OSJ
i,20.260
privilege of closing debate, subject to a council
majority ruling that debate should continue.
(Orel 1213 § 1 (pan), 1979)
1.20.270 Calling the question.
A member of the council who wishes to termi-
nate 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. (Grd. 1213 § 2 (part), 1979)
(8-1 iCartUast }-«)
1.20.280
1,20.280 Protest against council action.
Any council member shall have the right to have
the reasons for his dissent from or his protest against
any action of the council 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 1 arn opposed to this
action for the following reasons..." (Ord, 1213 § 2
(part), 1979)
1.20.290 Request to address the council on
items other than listed public
hearing.
(a) It is the policy of the council to permit lim-
ited presentations by members of the public on non-
public hearing agenda items. The presiding officer
may, in the absence of objection by a majority of the
council members present, decline to permit such
presentations on any particular nonpublic hearing
item.
(b) Any person or group of persons desiring to
address the council on a nonhearing maner must file
a written request for permission to address the coun-
cil which must be filed with the city clerk in advance
of the council's consideration of that item. The pre-
siding officer, with the unanimous consent of the
council, may allow a person who has not filed such a
request to address the council,
(c) Bach person desiring to address the council
shall approach the podium, state the subject he/she
wishes to discuss, city of residence, and hia/her name
and/or party he/she is representing (unless otherwise
determined by the city attorney to be unnecessary).
Speaker's remarks are limited to five minutes unless
further time is granted by the mayor with the consent
of the council. All remarks shall be addressed to the
council as a whole and not to any member thereof
No questions shall be asked of a counci I member or a
member of the city staff without obtaining the per-
mission of the presiding officer. The presiding officer
shall not permit any communication, 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 council from the audience
on the matter under consideration without first secur-
ing permission to do so by a majority vote of the city
council.
(e) No person shall address the council without
firs? securing the permission of the presiding officer,
(Ord. NS-770 § I, 2005; Ord, 1222 § !, 1979; Ord.
1213 §2 (part), 1979)
1.20300 Addressing the council—
Spokesman for group of persons.
(a) In order to expedite matters and to avoid
repetitious presentations, whenever any group of per-
sons wishes to address the council on the same sub-
ject matter, it shall be proper for the presiding officer
to require that a spokesman be chosen from the group
to address the council. If additional matters are to be
presented by any other members of the group, the
presiding officer may limit the number of such per-
sons and limit the presentation to information not
already presented by the group spokesman.
i'b) For stems other than those listed on the
agenda for public hearing, groups ofpersons shall be
limited to a total presentation period often minutes,
The presiding officer shall first call for representa-
tives of groups in favor of the matter under consid-
eration and then for those persons in opposition to the
matter under consideration, and thereafter shall allow
a rebuttal time limited to Five minutes to the propo-
nents who shall confine rebuttal remarks to answer-
ing comments made in opposition and not the intro-
duction of new testimony. Further time may be
granted by majority vote of the council (Ord, 1213
§2 (part), 1979)
I.2QJ05 Opportunity for public to address
the council—Non agenda items.
(a) Every agenda for a regular council meeting
shall provide a period for members of the public to
address the council on items of interest to the public
that are not on the agenda but are within the jurisdic-
tion of the city council,
(b) Speakers shall be limited to three minutes
each with the total time for atl speakers not to exceed
fifteen minutes unless additional time is granted by
majority vote of the council. Anyone desiring to
19 K» U. ll-OJ)
1.20.305
speak shall reserve time at the meeting by filing a
written request with the city clerk. Speakers will be
called in the order reserved within the available time,
The mayor with the consent of the council may, if
time permits, allow persons to speak who have not
filed a written request to reserve time,
(c) Each person desiring to address the council
shall approach the podium, state the subject he/she
wishes to discuss, city of residence, and his/her name
and/or party- he/she is representing (unless otherwise
determined by the city attorney to be unnecessary),
All remarks shall be addressed to the council as a
whole and not to any member thereof. No questions
shall be asked of a council member or a member of
the city staffwitbout obtaining the permission of the
presiding officer. The presiding officer shall not
permit any communication, oral or written, to be
made or read where it is not within the subject matter
jurisdiction of the city council, (Ord. NS-770 §§ 2,3,
2005; Ord, 1292 § 9, 1986)
1,20310 Decorum and order—Council and
city staff.
While the council is in session, the council mem-
bers and city staff shall observe good order and deco-
rum, A member shall neither, by conversation or oth-
erwise, delay or interrupt the proceedings or the
peace of the council, nor disturb any member while
speaking, nor refuse 10 obey the directives of the pre-
siding officer. (Ord. 1213 § 2 (part), 1979)
1.20.320 Decorum and order—Audience.
Members of the public attending council meetings
shall observe the same rules of order and decorum
applicable to the city council and staff. Any person
making impertinent and slanderous remarks or who
becomes boisterous while addressing the council or
while attending the council meeting shall be removed
from the room if the sergeam-at-arms is so directed
by the presiding officer, and such person may be
barred from further audience before the council. Un-
authorized 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-al-
arms to remove such offenders from the room. (Ord.
1213 §2 (part), 1979)
1,20.330 Enforcement of decorum.
(a) The chief of police or such member of the
police department as he may designate shall be ser-
geant-at-arms of the city council and he shall attend
meetings at the request of the presiding officer, city
manager, or city council. He shall be available to re-
spond to all meetings immediateiy upon call. He shall
carry out al! orders given by the presiding officer or
city council for the purpose of maintaining order and
decorum at the council meetinp. Any council mem-
ber may move to require the presiding officer to en-
force the rules and the affirmative vote of a majority
of the council members present shall require him to
do so.
(b) Any member of the council or other person
using vulgar, profane, loud or boisterous language at
any meeiing or otherwise interrupting the proceed-
ings of the council, or who refuses to carry out orders
and instructions given by the presiding officer for the
purpose of maintaining order and decorum at the
council meeting, or who interrupts proceedings, shall
upon conviction be deemed guilty of a misdemeanor.
(c) Upon instructions of the presiding officer, it
shall be the duty of the sergeant-at-arms, or any of
them present, to place any person who violates the
order and decorum of the meeting under arrest. (Ord.
1213 §2 (pan). 1979)
iCvMbod Supp, No 14, II-OS)20 «*»•
t.20.340
1.20.340 Voti Bg procedu res.
(a) Voting shall be conducted by the use of the
voting light system installed in the council chambers.
A red light designates a "No or Negative" vole, a
green lighl designates a "Yes or Affirmative" vote,
and an amber light designates a vote to "Abstain,"
(b) The council 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, vot-
ing shall be conducted by voice vote until such time
as a determination is made to again use the voting
light system, or some other system.
(c) When the council is voting the voice vote, a
negative vote shall be registered by the ora! statement
of "NO" by the council member voting. Affirmative
vote shall be registered by the oral statement of
"YES" or "AYE" by the council member voting.
(Ord, 1213 §2 (part), 1979)
1.20350 Disqualification fo r conflict of
interest.
If a council member has reason to think a conflict
of interest may exist, he or she shall give the facts of
the matter to the city attorney and request advice
thereon prior to the meeting. Any council member
who is disqualified from voting on a particular matter
by the reason of a conflict of interest or a potential
conflict of interest and immediately prior to the con-
sideration of matter, shall:
(a) Publicly identify the financial interest that
gives rise to the conflict of interest or potential con-
flict of interest in detail sufficient to be understood
by the public, except that disclosure of the exact
street address of a residence is not required.
(b) Recuse himself or herself from discussing
and voting on the matter.
(c) Leave the room until after the discussion,
vote and any other disposition of the matter is con-
cluded, unless the matter has been placed on the con-
sent calendar.
(d) A council member may address the council
notwithstanding a conflict during the time that the
general public speaks on the issue.
A council member stating such disqualification
shall not be counted as apart of a quorum and shall be
considered absent for the purpose of determining the
outcome of any vote on such matter. (Ord. NS-659
§ 1, 2003: Ord. 1213 § 2 (part). 1979)
1.20360 Failure to vote.
Every council member should vote unless dis-
qualified by reason of conflict of interest. A council
member who abstains from voting acknowtedges that
a majority of the quorum may decide the question
voted upon, (Ord. 1213 § 2 (part), 1979)
1.2&370 Tie vote.
Tie votes or a vote lacking the required number of
affirmative votes shall constitute "no action," and the
matter voted upon remains before the council and is
subject to further council consideration. If the city
council is unable to take action on a matter before it
because of a tie vote or the lack of the required num-
ber of votes, the city clerk shall place the item on the
next regular meeting of the cits' council for further
consideration except matters involving development
applications which are before the council by virtue of
a recommendation or appeal from the planning com-
mission or design review board, in which case if a
final decision of the city council is not reached within
a reasonable time, not to exceed, sixty days, the mat-
ter shall be deemed denied. During this sixty-day
period, any council member may make a written re-
quest that the matter be restored to the council's
agenda. (Ord, NS-626 § 1. 2002: Ord, 1213 §2
(part), 1979)
1.20380 Changing vote.
A council member may change his vote only if a
timely request to do so is made immediately follow-
ing the announcement of the vote oy the presiding
officer and prior to the time the next item in the order
of business is taken up, A council member who pub-
licly announces that he is abstaining from voting on a
particular matter shall not subsequently be allowed to
withdraw his abstention. {Ord. I 213 § 2 (part), 1979}
1.203% Reconsideration.
(a) A motion to reconsider any action taken by
the council may be made only at the meeting such
iCirtetad Supp. No. 5. l-OJt
L20.390
action was taken. It may be made either immediately
during the same session, or at a recessed or adjourned
session thereof. Such motion may be made only by
one of the council members who voted with the pre-
vailing side. Nothing in this section shall be con-
strued to prevent any council member from making
or remaking the same or any other motion at a subse-
quent meeting of the council.
{b) A motion to rescind, repeal, cancel or other-
wise nullify prior council action shall be in order at
any subsequent meeting of the council. The effect of
such action shall operate prospective!)- and not retro-
actively and shall not operate to adversely affect in-
dividual rights which may have been vested in the
interim. (Ord. 1213 § 2 (part), 1979)
1.20.400 Preparation of ordinances,
All ordinances shall be prepared by the city attor-
ney. No ordinance shall be prepared for presentation
to the council unless requested by a council member,
the mayor, city manager, or prepared by the city at-
torney on his own initiative. (Ord. 1213 § 2 (part),
1979)
1.20.410 Reading of ordinances and
resolutions,
At the time of introduction or adoption of an ordi-
nance or adoption of a resolution, the same shall not
be read in full unless after the reading of the title,
further reading is requested by a member of the
council. If any council member so requests, the ordi-
nance or resolution shall be read in full, in the ab-
sence of such a request, this section shall constitute a
waiver by th« council of such reading. (Ord. 12! 3 § 2
(part), 1979)
1.20.420 Public hearings—When held.
(a) Wherever by law the city council 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 this chapter. Nothing in this
chapter shall prohibit or limit the city council from
holding a public hearing on any matter before it,
whether required by law or not, and nothing in this
chapter shall prohibit or limit any member of the
public from addressing the council in accordance
with the procedures provided for in this chapter, irre-
spective of whether or not a public hearing is being
held.
(b) All public hearings shal! be scheduled to be-
gin at a time certain which shall be the hour the
council convenes. The council shall hold such hear-
ings in order, in accordance with the schedule on the
agenda at that time, or as soon thereafter as practica-
ble. If the hearing is continued to a time less than
twenty-four hours after the time specified in the no-
tice of such hearing & notice of continuance shall be
posted immediately after the meeting on the council
chamber doors. (Ord. 1292 § 10, 1986; Ord. 1213 §2
(part), 1979)
1.26.430 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 city council public hearings, cop-
ies of the council's agenda with attachments, includ-
ing the staff report, if any, shall be available at the
office of the city clerk at least twenty-four hours
prior to commencement of the hearing; provided,
however, the council may allow in its discretion the
filing of supplemental reports which shall be made
public at the commencement of the hearing.
(c) The order of the hearing shall be as follows
unless otherwise required by law:
{1) Presentation of staff and/or planning com-
mission report;
(2) Questions from the council;
(3) Presentation by the applicant, if any;
(4) Testimony of people in favor;
(5) Testimony of people in opposition;
(6) Rebuttal of applicant.
(d) The provisions of Section 1.20.290 and Sec-
tion 1,20.300 for addressing the council shall apply
to persons testifying at public hearings except that:
(1) A written request to speak shall not be
required;
(2) The time limit for groups shall be twenty
minutes;
(3) The applicant shall have twenty minutes.
(Carlsbad Supp. No ?, HJJ)
1.20,430
(e) The presiding officer may. dependent
upon the necessity for insuring adequate presenta-
tion of testimony and evidence to provide a fair
hearing, set longer time limits than otherwise
22'} fdrtetad Supp >» -. »-01l
1.20,430
allowed by this chapter. The decision of the presiding
officer may be appealed to the council. (Ord !2i3
§2 (part), 1979)
1.20,440 Public hearings—Evidence,
(a) During the public hearing, the council shall
receive oral or written evidence relevant to the matter
being considered which shall become part of the re-
cord. The presiding officer, or any member of the
council through the presiding officer, may require the
city clerk to swear any person giving evidence al the
time of the hearing on the matter under consideration,
if in the opinion of the presiding officer or any mem-
ber of the council, the oath is necessary. Evidence
received at public hearings provided for in this ordi-
nance shall be relevant and material to the issues be-
fore the council; 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 essen-
tial for judicious consideration by the council of the
matter which is the subject of the public hearing,
Failure on the part of Ihe city council to strictly en-
force 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. The council may order the city clerk
to issue and the chief of police or his representative
to serve subpoenas for any witnesses or records nec-
essary for the production of evidence at any duly
scheduled public hearing as provided for in this chap-
ter. Any person, other than a member of the council.
who wishes to direct question(s) to an opposing wit-
ness shall submit such question(s) to the presiding
officer, who will ask the question(s) to the witness,
The presiding officer may at his discretion restrict the
number and nature of any questions asked pursuant
to this section.
(b) If there is a staffreport. it shall be considered
as evidence and shall become 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 re-
port may be presented orally by staff members to the
council. In addition, any of the following may be pre-
sented to the city council and. if presented, shall also
become part of the record:
1I) 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; provided that, whenever practicable, they
shall be displayed in full 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 re-
quest of a council 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) Ail exhibits, reports, maps and other physical
evidence placed before the council shall be retained
by the city clerk as public records. Such exhibits may-
be released by the clerk with the approval of the city
attorney. {Ord, 1213 § 2 (part), 1979)
1.20.450 Public hearings—Continuation.
At any time that it appears to the presiding officer
or a majority of the council through the presiding
officer, that inadequate evidence has been presented
to afford judicious consideration of any matter before
the council at the time of a public hearing, or for
other just cause, a continuation of said hearing may-
be ordered to afford the appl icant, his opponents, or
the city staff adequate time to assemble additional
evidence for the council's consideration. Any con-
tinuation ordered by the council 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 that further evidence will be taken, A public
hearing may be continued in the event the matter is to
be returned to the planning commission for further
consideration. In this event, the presiding officer
shall publicly state in open council meeting the fact
that the matter has been returned to the planning
commission for consideration and that the council
hearing will be continued on a date certain. The pub-
lic announcements provided for in this section shall
23 tC»M»d Sapr No 9. B-OJj
1.20.450
constitute notice to the applicant and his opponents
of time and place when further evidence will be taken
by the council. The council shall also have the option
to set the matterto a hearing de novo. (Ord, 1213 § 2
(part), 1979)
1,20.460 Public hearings—Closing,
When neither the applicant, his opponents, nor the
city staff have further evidence to produce, or when
the opinion of the presiding officer or the majority of
the council through the presiding officer sufficient
evidence has been 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 council; provided, however, lhatthis
rule may be relaxed by the presiding officer or the
majority of the council 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, (Ord. 1213 § 2 (part), 1979)
1.20.470 Public hearings—Reopening.
A public hearing on any matter 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 pre-
sent Nothing in this section, however, is intended to
prevent or prohibit the reopening of a public hearing
at any subsequent regular or special meeting of the
council. No public hearing may be reopened without
due and proper notice being given lo the applicant
and his opponents designating the time and place of
said reopening. {Ord, 1213 § 2 (part), 1979)
1,20.480 Public hearing—Decision.
(a) The city council shall consider all evidence
properly before them in accordance with this chapter.
The council shall then indicate its intended decision
and instruct the city attorney to return with the
documents necessary to effect that decision, includ-
ing findings as may be appropriate to the matter.
Upon return of such documents, the council shall
determine if the findings are supported by the evi-
dence before it at the hearing, and if the decision is
supported by the findings, and after making any
changes render its decision by taking action on the
documents. 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 he or she has examined
all the evidence, including listening to a recording of
the oral testimony or reviewing a videotape or other
electronic medium of the proceed ings and can repre-
sent that he or she has a full understanding of the
matter. (Ord. NS-7Q9§ 2,2004: Ord. 1213 § 2(part),
1979)
1.20.490 Motions.
(a) A motion is the formal statement of a pro-
posal or question to the council for consideration and
action. Every council member has the rightto present
a motion. A motion is generally not to be considered
as a legislative action of the council, but is in the na-
ture of direction or instruction; however, a motion
will generally suffice unless a resolution is specifi-
cally called for by law or unless there is some reason
for desiring the particular action formalized by sepa-
rate instrument.
(b) If a motion contains two or more divisible
propositions, the presiding officer may divide the
same.
(c) If a motion is properly made, the presiding
officer shall call for a second, No further action is
required on a motion which does not receive a sec-
ond.
(d) When a motion is made and seconded, it
shall be restated by the mayor before a vote.
(Cirlttad S«pp No 9. 8-041 24
1.20,490
(e) A motion once before the council may not be
withdrawn by the maker without the consent of the
second. (Ord. 1213 § 2 (part), 1979)
1.20.500 Precedence of motions.
(a) When a main motion is before the council, no
motion shall be entertained except the following
which shall have precedence, one over the other, in
the following order:
(1) Adjourn;
(2) Recess;
(3) Table;
(4) Previous question;
(5) limit or extend debate;
(6) Refer to committee or staff;
(7) Substitute;
(8) Amend;
(9) Postpone;
(10) Main motion.
(b) The order of preference in subsection (a) of
this section 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 bees some intervening council
action or discussion.
(2) A motion shall not be in order when the
previous question has been ordered.
(3) A motion shall sot be in order while a vote
is being taken.
(4) A motion shall not be in order when made as
an interruption of a council member while speaking.
(Ord. 1213 § 2 (part). 1979)
1,20.510 Particular motions, purpose and
criteria.
The purpose and salient criteria of the motions
listed in Section 1.20500 is as follows:
(1) Motion to adjourn;
(A) Purpose. To terminate a meeting;
(B) Debatable or Amendable, No, except a mo-
tion to adjourn to another time is debatable and
amendable as to the time to which the meeting is to
be adjourned;
(2) Motion to recess:
(A) Purpose. To permit an interlude in the meet-
ing and to set a definite time for continuing the
meeting;
(B) Debatable or Amendable. Yes, but restricted
as to time or duration of recess;
(3) Motion to table;
(A) 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 meetiag;
(B) Debatable or Amendable. It is debatable but
not amendable;
(4) Motion for previous question:
(A) 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;
(B) Debatable or Amendable. No;
(5) Motion to limit or extend debate:
(A) 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;
(B) Debatable or Amendable. Not debatable:
amendments are restricted to period of time of the
proposed limit or extension;
(6) Motion to refer to committee or staff:
(A) Purpose. To refer the question before the
council 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 council. If the
motion rails, discussion or vote on the question
resumes;
(B) Debatable or Amendable. Yes;
(7) Substitute motion:
(A) Purpose. To strike out the 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;
(B) Debatable or Amendable. The substitute
motion is left unacted on until the council members
have the opportunity to perfect the main motion by
amendments if desired. The substitute motion is
debatable and subject to amendment. Alter amend-
25
1.20,310
ments have been offered, the substitute motion is
voted upon and, if adopted, strikes the main motion;
(8) Amend:
(A) Purpose. To modify or change a motion that
is being considered by the council 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;
(B) Debatable or Amendable. It is debatable
unless applied to an undebatable main motion. It is
amendable;
(9) Motion to postpone:
(A) 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;
(B) Debatable or Amendable. It is debatable but
not amendable;
(10) Main motion:
(A) Purpose. The primary proposal or question
before the council for discussion and decision;
(B) Debatable or Amendable. Yes. (Ord. 1213 §
2 (part), 1979)
1JEQJ20 Resolutions,
In most cases, a resolution is little more than a
formal motion set forth in a formal document. In
some matters, such as an assessment proceeding,
genera] plan amendment or the grant or denial of
variances, a resolution is required. A resolution
should be required under any circumstances where
it is desirable that the action be formally recorded
in the office of the city clerk as a numbered docu-
ment which can be used for future reference. Legis-
lative actions as set forth in Section 1.20.530 should
be by ordinance or resolution. (Ord. 1213 § 2 (part),
1979)
1.20,530 Legislative action,
All legislative action undertaken by the city coun-
cil shall be by means of an ordinance or resolution.
Legislation of a permanent nature which is to re-
main in force until amended or repealed, which
establishes rights and obligations and the failure to
comply with which may result in a penalty, shall be
by ordinance. (Ord. 1213 § 2 (part), 1979)
1,20.540 Resolutions—Adoption.
(a) Where a particular resolution has been pre-
pared and is before the council, 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 council, the
resolution shall be read by title or in full.
(b) Where a particular resolution has not been
prepared, a motion to direct the city attorney to
prepare me document and return it to the council is
in order.
(c) Where necessary, a resolution may be pre-
sented verbally in motion form together with in-
structions for written preparation. Upon execution
of such a resolution, it shall become an official ac-
tion of the council. (Ord. 1213 § 2 (part), 1979)
1.20.550 Ordinances—Adoption,
An ordinance shall be introduced by motion after
a reading of the title. If passed, it shall be returned
for further council action at least five days thereaf-
ter. Adoption shall be by motion after reading by
title. Unless a council member requests reading in
full, the council shall be deemed to have voted, by
majority vote, to waive such reading. (Ord. NS-275
§ 1, 1994: Ord. 1213 § 2 (part), 1979)
1JOJ60 Correction of documents.
Upon occasion, ordinances 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; such redraft when
26
120.560
properly executed, shaU become the original docu- appeal shall be established by resolution of the city
ment, to be effective and to be retained in the lies council. The decision of the city council shall be
of the city clerk. (Ord. 1213 | 2 (part), 1979) final. (Ord, NS-I76 § 1, 1991)
1.20.570 Robert's Raks of Order.
If a matter arises at a council meeting which is
cot covered by this chapter or applicable provisions
of federal or state law or the Carlsbad Municipal
Code, the procedures of the council shall be gov-
erned by the latest revised edition of Robert's Rules
of Order. (Ord 1213 § 2 (part), 1979)
1.20.580 Council poficy manual
The city manager shall maintain a council policy
manual to contain such written policies as the coun-
cil may adopt. The purpose of council policies are
to indicate how the council intends to rule in the
future on particular matters of a recurring nature
which are subject to their discretion. Policies shall
be numbered and dated and shall remain in effect
until rescinded, (Ord. 1213 § 2 (part), 1979)
L20J90 Failure to observe procedures—
Waiver.
(a) The provisions of this chapter are adopted to
expedite the transaction of toe business of the coun-
cil in an orderly fashion and are deemed to be pro-
cedural only. The failure to strictly observe such
rules shall not affect the jurisdiction of the council
or invalidate any action taken at a meeting that is
otherwise held in conformity with law.
(b) A failure on the part of any person to register
a timely objection to the procedures of this chapter
at the public hearing or other proceedings shall
constitute a waiver of all sods objections, (Ord.
1241 § 1, 1981: Ord. 1213 § 2 (part), 1979)
1.20.600 Appeals procedure.
Where no specific appeals procedure exists for
any decision of a commission, committee or person
which substantially affects the rights, duties or privi-
leges of an aggrieved person, such decision may be
appealed to the city council by filing a written no-
tice of appeal with the city clerk within ten calendar
days of the date of the decision. Fees for Filing an
27
EXHIBIT 3
Title 3 - REVENUE AND FINANCE
Chapter 3.28 PURCHASING
3.28.70 Professional Services
A. Request for proposals shall be used when the services of
professionals are needed. The selection of specialized professional
services, including but not limited to architectural, landscape
architectural, engineering, environmental, land surveying or
construction project management firms is based on the professional
qualifications necessary for the satisfactory performance of the
service required, on demonstrated competence, and on a fair and
reasonable price consistent with Government Code section 4526.
Whenever possible, at least three proposals shall be received for the
professional service needed. The purchasing officer may waive the
requirements for solicitation of multiple proposals if only one
individual or firm can provide the professional services. Each month
the city manager shall send to the city council a report of all
professional service contracts that have been awarded
administratively.
B. The city's professional services procurement practice prohibits
unlawful activity including, but not limited to, rebates, kickbacks, or
other unlawful consideration. No city employee shall participate in
the selection process if that employee has a relationship with a
person or business entity seeking a contract with the city that would
subject that employee to the prohibition of Government Code section
87100 (Conflicts of Interest). (Ord. NS-627 (part), 2002)