Carlsbad Municipal Code Ch. 2.15 Boards and Commissions

The general provisions of this chapter apply to all boards and commissions, except as otherwise specifically provided in the Charter or in the ordinance or resolution authorizing a specific board or commission. In the event of an inconsistency between the general provisions contained in this ordinance and the provisions contained in a specific enabling ordinance or resolution, the specific ordinance or resolution shall control.

(Ord. CS-337 § 3, 2018)

A. Each board or commission shall have the functions, powers, and duties as are granted to or bestowed upon it by this chapter, by ordinance or by resolution of the City Council.

B. The City Council may, at any time, change the powers, functions and duties of any board or commission in any manner and to any extent as the City Council deems necessary.

C. Each board or commission shall provide to the City Council for its approval an annual work plan of activities to be undertaken and a subsequent report of its accomplishments. If any board or commission seeks to amend its work plan prior to the annual approval date, then the board or commission may vote to submit the amendment to the City Council for approval and may also request a joint meeting if the board or commission deems it necessary to discuss the proposed amendments.

D. Each board or commission will provide periodic written reports to the City Council which should include:

1. Recent activities of the board or commission;

2. Attendance at the board or commission's meetings;

3. Any ad hoc subcommittees which the board or commission has formed;

4. Any proposed amendments to the board or commission's work plan; and

5. Any matters which the board or commission wishes to bring to the attention of the City Council or to have placed on a future City Council agenda.

E. Each board or commission may organize ad hoc subcommittees of a limited duration to advise the board or commission concerning its functions and duties.

F. Each board or commission shall do such other things as may from time to time be requested or approved by the City Council.

G. Each board or commission shall meet in accordance with its approved regular meeting schedule, unless a meeting(s) is cancelled by the chair or the majority of the board or commission for a lack of agenda items, and each board or commission shall be subject to the Ralph M. Brown Act, Government Code Section 54950 et seq.

H. All board or commission meetings shall be held in the City Council Chambers unless another public meeting room has been approved by the City Clerk.

I. The City Manager shall designate a city employee as a liaison for each board or commission.

(Ord. CS-337 § 3, 2018)

A. In addition to any qualifications or limitations imposed by law or contained in the authorizing ordinance or resolution for any specific board or commission, members of the boards and commission must meet the following minimum qualifications:

1. Resident of the City of Carlsbad and a registered voter.

2. Not currently an officer of or employed by the City of Carlsbad.

3. Not currently a sole proprietor under contract with the city, or a consultant or employee of an entity under contract with the city, performing work that relates to the powers or duties of the board or commission.

4. Not currently an officer, director, owner or principal of an entity under contract with the City of Carlsbad to perform work that relates to the powers or duties of the board or commission.

5. Appointment would not violate any term limits applicable to the position sought.

B. The City Council may consider, in its discretion, the following additional criteria in appointing members to the boards and commission:

1. Prior participation in the Citizen's Academy.

2. Recent experience and/or understanding of municipal government.

3. Knowledge of subject matter governed by the board or commission.

4. Ability to fairly and impartially represent community interests.

5. Experience on other boards, commissions or committees.

6. Geographical diversity of the membership of the board or commission.

(Ord. CS-337 § 3, 2018; Ord. CS-442 § 2, 2022)

The City Clerk shall compile and publish a local appointments list in accordance with Government Code Section 54970 et seq.

(Ord. CS-337 § 3, 2018)

A. Appointments to the Planning Commission, Parks and Recreation Commission, Community-Police Engagement Commission, Traffic Safety and Mobility Commission and Environmental Sustainability Commission shall be made by the following process:

1. The Mayor and each Council Member shall nominate one individual to serve on each of the commissions for a term coinciding with the term of the Council Member making the appointment. The Mayor shall nominate two additional individuals to serve on each of the Planning Commission, Parks and Recreation Commission, Traffic Safety and Mobility Commission, and Environmental Sustainability Commission. All nominations shall be subject to ratification by a majority vote of the City Council. If a nominee is not approved by a majority vote of the City Council, the Council Member making the nomination may nominate another individual at the same or a subsequent meeting. In the event that a member of the City Council does not make any nomination within 45 days of the date the Council Member is sworn into office or within 60 days of the occurrence of a vacancy, the appointment will be made by the Mayor with the approval of the City Council.

2. Although each member of the City Council elected by a district shall use his or her best efforts to appoint individuals residing in that district to these commissions, members of the City Council may appoint individuals not residing in their districts in their discretion in order to ensure that the most interested and qualified individuals serve on the commissions.

B. Appointments to the Investment Review Board shall be made by the City Treasurer with the approval of the City Council. Appointments to all other city boards and commissions shall be made by the Mayor with the approval of the City Council.

(Ord. CS-337 § 3, 2018; Ord. CS-342 § 2, 2018; Ord. CS-356 § 2, 2019; Ord. CS-441 § 2, 2022; Ord. CS-451 § 2, 2023; Ord. CS-490, 5/13/2025; Ord. CS-496, 6/24/2025)

A. Members of boards or commissions shall serve for a term of four years, unless otherwise specified in this chapter. Such members shall be eligible for reappointment at the expiration of their first term for one additional four-year term. The City Council will specify the effective date of the appointment.

B. Unless otherwise specified in this chapter, members who are appointed to serve unexpired terms due to an unplanned vacancy shall serve to the end of the former incumbent's term.

C. Except as otherwise specified in this chapter, a member may be appointed to serve a term of less than four years if the council determines that it is in the best interest of the board or commission that a member serve a shorter term in order to provide for appropriate staggered terms to preserve a continuity of membership on the board or commission.

D. Except as otherwise specified in this chapter, if a member has been appointed to serve a term of less than two years, the member may be reappointed to serve on the same board or commission for up to two consecutive additional terms.

(Ord. CS-337 § 3, 2018)

A. Members of the city's boards, commissions and committees shall serve until reappointed or until the member's successor has been appointed, qualified and seated. If a vacancy occurs other than by the expiration of a term, the vacancy shall be filled in the same manner as the original appointment.

B. Appointees to all of the city's boards and commissions shall serve at the pleasure of the City Council. Any member of a city board or commission may be removed at any time, with or without cause, by the affirmative vote of three members of the City Council.

C. Any member of a city board or commission will forfeit their seat on the board or commission if the member no longer meets the qualifications specified in Section 2.15.030(A)(1)–(4).

D. To assure participation of board and commission members, attendance by the members of the boards and commissions at all regularly scheduled and special meetings of the boards and commissions shall be recorded, and such record shall be provided annually to the City Council for review. A board or commission member may be removed by the affirmative vote of three members of the City Council due to the member's absence from three consecutive regular meetings or from 25% of the duly scheduled meetings of the board or commission within any fiscal year, except in the case of absences due to illness or by permission of the board or commission as documented by the board or commission liaison.

(Ord. CS-337 § 3, 2018; Ord. CS-442 § 3, 2022)

A. Each board or commission shall appoint one of its members as chair to serve for a term of one year.

B. The chair shall preside at all meetings of the board or commission.

C. Each board or commission may also appoint one of its members as a vice chair to serve in the place and stead of the chair during the chair's absence.

D. The chair and vice chair shall be subject to removal at any time, for any or no reason, by a majority vote of the board or commission.

(Ord. CS-337 § 3, 2018)

(Note: Former § 2.15.090, Procedural rules and regulations, adopted by Ord. CS-337 § 3, 2018; was repealed by Ord. CS-515, 6/9/2026.)

Unless otherwise specifically provided in this chapter, a majority of the total number of members of the board or commission shall be necessary to constitute a quorum for a board or commission to take action. A meeting may be adjourned for lack of a quorum by the presiding officer or, in the absence of a presiding officer, any member of the board or commission or the staff liaison. A board or commission member disqualified from participation in a matter due to a conflict of interest will not be counted toward achieving a quorum as to that matter. If a disqualification due to a conflict of interest results in the lack of a quorum, consideration of the matter will be deferred until either a quorum of non-disqualified members is present, or a quorum is determined under the legally required participation rules in the Political Reform Act[1] and the regulations of the Fair Political Practices Commission.

(Ord. CS-337 § 3, 2018; Ord. CS-515, 6/9/2026)

[1]

Editor's Note: See Government Code § 81000 et seq.

So far as is practicable, and subject to approval of the City Manager, the services of the various city departments shall be made available by the heads of each department to the board or commission, to the extent it is necessary to enable it to perform its functions, powers, and duties.

Staff liaisons are generally responsible for accurate meeting notices and record keeping, communicating between the board or commission and other city staff, assisting the committee in executing the council approved work plan, gathering public input, assisting the board or commission in staying focused on noticed agenda items and maintaining a positive work relationship with the board or commission.

The liaisons do not work "for" or "at the direction" of the board or commission. Instead, the liaisons are professionals who work for the City Manager and with the boards and commissions to develop information and recommendations for the City Council within the scope of an approved work plan.

(Ord. CS-337 § 3, 2018)

Unless specifically appropriated and approved by the City Council, all members of the city's boards, commissions and committees shall serve without compensation.

(Ord. CS-337 § 3, 2018)

A. Meetings of city boards and commissions will be held according to the requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq., referred to in this code as the "Brown Act") and this chapter. Terms defined in the Brown Act have the same meaning when used in this chapter.

B. Meetings will be open and public. When a meeting is in session, board and commission members, city officers and employees, and members of the public are expected to observe good order and decorum, and to not by conversation or otherwise, improperly delay or interrupt the proceedings or refuse to obey the lawful directives of the presiding officer.

C. The city is committed to maintaining safe and orderly meetings, free from intimidation, harassment and disruption. Public participation is encouraged provided that participants abide by the rules of conduct and procedure established by this chapter. The City Council finds and declares it is important to remember that no one has a constitutional right to disrupt a public meeting by attempting to impose their own voice or actions in a manner that is loud, boisterous or unruly where such conduct is substantially disruptive of the meeting itself and continues after the presiding officer has requested the person or persons to stop. The issue in such cases is not about the content of speech, unless the content itself violates the law, but rather with the extent of disruption caused to the meeting itself by the manner and conduct of the disrupter's actions. Therefore, to promote civic engagement, orderly deliberation and efficient conduct of city business, the following general rules of conduct apply to all city meetings:

1. Interactions among all meeting participants will be conducted in a mutually respectful manner rather than an insulting, demeaning, intimidating or offensive manner.

2. Conduct that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of business will not be tolerated. This conduct includes failing to comply with reasonable and lawful regulations adopted by the City Council and engaging in behavior that constitutes use of force or a true threat of force under Government Code Section 54957.95 of the Brown Act.

3. Individuals who continue to disrupt, disturb, impede or render infeasible the orderly conduct of a meeting may be removed from the meeting under Government Code Section 54957.9 of the Brown Act after the presiding officer has directed the person to cease the disrupting behavior and warned that continued disrupting behavior may result in removal from the meeting. If a meeting is willfully interrupted by a group or groups of persons and order cannot be restored by the removal of those individuals, the presiding officer, subject to objection by a majority of members of the board or commission in attendance, may order the meeting room cleared and the meeting may continue as provided in Government Code Section 54957.9 of the Brown Act.

4. Weapons and any object that may be used to inflict serious bodily injury are prohibited at city meetings except those lawfully in the possession of authorized city personnel.

(Ord. CS-515, 6/9/2026)

A. Regular meetings will be held on the dates and at the times established by resolution. Regular meetings will be held at City Hall in the Council Chamber, unless a different location for the meeting has been designated by the City Manager.

B. Special meetings may be called by the Chair, a majority of the members of the board or commission, the City Manager or the City Attorney. Notice of a special meeting must be given and posted as provided in Government Code Section 54956 of the Brown Act. The notice must include the date, time and location of the meeting and a brief statement of the business to be transacted or discussed. For special meetings, public comments can be made on agendized items only. No other business may be transacted or discussed at the meeting.

C. The staff liaisons are authorized and directed to prepare, deliver and post meeting notices.

(Ord. CS-515, 6/9/2026)

Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided by law. The presiding officer may adjourn any meeting without need for a motion and absent the objection of a majority of the quorum. Once adjourned, a meeting may not be reconvened, except at the time and place stated in the notice of adjournment. A regular meeting may not be adjourned to a date beyond the next regular meeting. The staff liaisons are authorized and directed to prepare, deliver and post notices of adjournment. A notice of adjournment is not required when a meeting is adjourned without specification of the time and date when it will be reconvened.

(Ord. CS-515, 6/9/2026)

A. The staff liaison will prepare an agenda for each meeting. The agenda for a special meeting may be combined with the notice of the meeting.

B. An agenda will contain the following information:

1. The date, time and location of the meeting;

2. The order of business and a brief general description of each item of business to be transacted or discussed at the meeting, including a brief statement of the specific action requested or recommended to be taken by the board or commission; and

3. Information relating to special services available to persons with disabilities to permit those persons to participate in the meeting.

An agenda may contain other information relating to the conduct of the meeting, time limits for public participation, rules of decorum, presentation of materials and other similar matters.

C. The staff liaison is responsible for scheduling matters for consideration by the board or commission and will give priority to items from the City Council approved work plan for the board or commission. Items of business may be placed on the agenda by City Council action, by the City Manager or the City Attorney, or by action of the board or commission. Nothing in this section precludes a board or commission member from requesting that the board or commission take action to place an item on the agenda for a future meeting.

D. The staff liaison is authorized and directed to post agendas in accordance with applicable law, including posting on the city's website. The staff liaison is also authorized and directed to mail agendas to persons and organizations who have filed a request for a mailing of agendas. The agenda may be made available and delivered in electronic format.

E. The agenda for regular meetings will be based on the following order of business:

1. Call to order;

2. Roll call;

3. Pledge of allegiance;

4. Approval of minutes;

5. Presentations;

6. Public comment on matters not listed on the agenda;

7. Consent calendar;

8. Public hearings;

9. Departmental reports;

10. Board or commission commentary and requests for consideration of matters;

11. Public comment (continuation);

12. Announcements;

13. Staff comments;

14. Adjournment.

(Ord. CS-515, 6/9/2026)

A. The City Manager is responsible for all staff reports and other documents relevant to each item of business placed on an agenda. The staff liaison is responsible for compiling the reports and other documents and for preparing an agenda packet.

B. Nothing in this chapter is intended to preclude the board or commission from orally amending any resolution, or other document presented to it prior to final action at a meeting.

C. Correspondence, including electronic mail, relating to an item of business on an agenda received by the staff liaison before 5:00 p.m. of the day preceding the publication day for a regular meeting will be included as part of the agenda packet materials for that item. Correspondence received later may be included in the agenda packet in any manner or may be delivered to the board or commission members by different means.

D. The agenda packet for a regular meeting will be made available to the board or commission members not later than the 72 hours preceding the meeting. The agenda packet will be available to the public at the office of the City Clerk and posted on the city's website on the same day that it is provided to the members. An agenda packet for a special or emergency meeting may be delivered to the members of the board or commission and made available to the public at the meeting. The staff liaison is also authorized and directed to mail agenda packets to persons and organizations who have filed a request for a mailing of agenda packets and have paid the fee in the amount established by the city for that service. Agenda packets may be made available and delivered in electronic format.

(Ord. CS-515, 6/9/2026)

A. The staff liaison is responsible for the minutes of all public meetings. The minutes will be a record of each particular type of business transacted. The minutes should reflect summary action and should not be a verbatim transcript of the proceedings. The minutes may include the names of persons addressing the board or commission, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. The staff liaison will include in the minutes of the meeting a member's statement on a matter upon request made by that member at the time the statement is made. Any member may have the reasons for his or her support for or dissent from any action of the board or commission entered in the minutes by making a request in substantially the following manner: "I would like the minutes to show that I [support] [am opposed to] this action for the following reasons. . ." or "For the record. . ."

B. The staff liaison will prepare proposed minutes and present them to the board or commission for approval.

C. The minutes may be approved without reading if the staff liaison has included the proposed minutes in the agenda packet. The minutes will be read before approval upon motion approved by the board or commission. Proposed amendments to the minutes as submitted by the staff liaison must be verified by the staff liaison prior to approval by the board or commission. Following approval, minutes of meetings will be permanently kept in a format or medium suitable for storage of permanent public records.

(Ord. CS-515, 6/9/2026)

A. All board and commission meetings are recorded as an aid in the preparation of minutes and posted on the city's website for public access. Recordings will be retained in accordance with the city's adopted Records Retention Schedule unless a longer retention is required by the City Council, the City Manager or the City Attorney.

B. If any person desires to have a matter reported by a stenographer, such person may employ one directly at the person's expense. The staff liaison may make reasonable accommodations to assure that the stenographer is seated at a position at the meeting to facilitate accurate reporting.

C. Any person may film, videotape, photograph or audio tape a meeting in the absence of a reasonable finding by the presiding officer that the recording cannot continue without noise, illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings. Meetings may be televised by any person if it can be accomplished without noise, illumination or obstruction of view that constitutes or would constitute a persistent disruption of the proceedings.

(Ord. CS-515, 6/9/2026)

A. The presiding officer is the chair, or in the chair's absence, the vice chair. In the absence of both the chair and vice chair, the presiding officer will be selected from among the members constituting the quorum for the meeting. In the absence of the chair and vice chair, the staff liaison shall call the meeting to order, and a temporary presiding officer shall be selected by the members present. Upon the arrival of the chair or the vice chair, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the board or commission.

B. The presiding officer will endeavor to conduct the meeting in an orderly, even-handed and businesslike manner and in substantially the order and manner provided on the agenda. Members should have a full and equal opportunity to express their respective views. Matters should be fully deliberated before action is taken.

C. The presiding officer may move, second, debate and vote from the chair. The presiding officer is not deprived of any of the rights and privileges of a member due to acting as presiding officer. The presiding officer, or such person as the presiding officer may designate, may verbally restate each question immediately prior to calling for the vote.

D. The presiding officer is responsible for the maintenance of order and decorum at all meetings. The presiding officer will decide all matters of order and procedure under this chapter, subject to the right of any member to request a ruling by the quorum and the question shall be, "Shall the decision of the presiding officer be sustained?" Requests for a ruling by the quorum require a second and will be promptly considered. A majority vote of the quorum will conclusively determine the question.

(Ord. CS-515, 6/9/2026)

At the time set for each regular meeting, each member of the board or commission, the staff liaison and such department heads or others as have been requested to be present shall take their regular places in the Council Chamber or other set meeting location. The presiding officer will call the meeting to order. Before proceeding with the business of the board or commission, the staff liaison will call the roll of the members and the names of the members present will be entered in the minutes.

(Ord. CS-515, 6/9/2026)

A. Every member, city officer or employee, or any other person desiring to speak during a meeting must first gain recognition by the presiding officer. Following recognition by the presiding officer, speakers must confine their remarks to the question or matter under consideration, avoiding reference to character and indecorous language.

B. Every member wanting to question the city staff will address the questions to the staff liaison, who shall be entitled either to answer the inquiry or to designate a member of city staff for that purpose. Members of the public desiring to ask a question regarding an item on the agenda must do so only when public comment regarding the item is permitted. Questions from a member of the public must be directed to the presiding officer, who may refer the question to any member of the board or commission or the staff liaison as the presiding officer deems appropriate.

C. Once a member, city officer or employee, or other person has been recognized and allowed to speak by the presiding officer, the person will be allowed to conclude their remarks without interruption, except an interruption by the presiding officer to preserve order, subject to applicable time limits. A member seeking to raise a point of order or personal privilege must first gain recognition from the presiding officer. If a member while speaking is called to order, the member shall cease speaking until the question of order is determined, and if determined to be in order, the member may proceed. If interrupted by the presiding officer, city officers and employees and members of the public must cease speaking until further authorization by the presiding officer.

D. The right of a member to address the board or commission on a question of personal privilege is limited to cases in which the member's integrity, character or motives are questioned or where the welfare of the board or commission is concerned. A member raising a point of personal privilege may interrupt another member who has the floor only if the presiding officer recognizes the privilege.

E. A member who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the presiding officer shall ask for a vote. If the call carries, the board or commission shall then vote on the motion without further discussion.

F. Voting will be conducted using the voting system installed in the Council Chamber, unless the board or commission dispenses with use of the voting system or the system is not functioning. If the voting light system is not used, voting will be by voice vote or other system by which the vote of each member is made known to the public. Secret ballots are prohibited.

G. Every member should vote unless disqualified due to a conflict of interest. A member who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.

H. For matters that may be decided by a majority of the quorum, tie votes constitute "no action," and the matter voted upon remains before the board or commission and is subject to further consideration. If the presiding officer determines the board or commission is unable to take action on a matter during a meeting because of a tie vote, the staff liaison shall place the item on the next regular meeting of the board or commission for further consideration.

I. A member may change their vote immediately following the announcement of the result of a vote on a matter by the presiding officer and before the next item of business. Except in the case of a tie vote, a member who publicly announces that they are abstaining from voting on a particular matter may not withdraw the abstention.

J. A motion to reconsider any action taken by the board or commission may be made only at the meeting at which the action was taken, including a recessed or adjourned session of the meeting and by a member who voted with the prevailing side. Consideration of action to rescind, repeal, cancel or otherwise nullify a prior action by the board or commission is in order at any subsequent meeting of the board or commission, subject to placement of the matter on the agenda in the same manner as any new item of business. The effect of such action will operate prospectively and not retroactively and will not operate to adversely affect individual rights which may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.

(Ord. CS-515, 6/9/2026)

A. Members of the public may address the board or commission on items of business listed on an agenda of any meeting. Persons desiring to address the board or commission regarding any item on the agenda, including an item listed on the consent calendar or items noticed for a public hearing, must submit a request to speak to the staff liaison before the item is called by the presiding officer. The presiding officer, with the consent of the majority of the quorum, may allow a person who has not filed such a request to address the board or commission.

B. At regular meetings, including adjourned regular meetings, members of the public may address the board or commission on items not appearing on the agenda during the portion of the agenda set aside for this purpose. The total amount of time set aside for this purpose at the beginning of the meeting will not exceed 15 minutes, additional time will be set aside at the end of the meeting. Persons addressing the board or commission must confine their remarks to matters within the subject matter jurisdiction of the board or commission. Persons desiring to address the board or commission on items not appearing on the agenda must submit a request to speak to the staff liaison before public comment is called. The presiding officer, with the consent of the majority of the quorum, may allow a person who has not filed such a request to address the board or commission. Group time and presentations requiring the use of audio visual equipment will not be permitted during public comment on matters not appearing on the agenda.

C. The staff liaison will organize speaker slips pertaining to each agenda item in the order received and persons will be invited to address the board or commission based on that order. Upon direction of the presiding officer, the names will be called by the staff liaison.

D. Members of the public will address the board or commission from the podium provided for that purpose. Each member of the public will be permitted to speak for up to three minutes, unless the presiding officer has announced a shorter duration at the commencement of the item under consideration. A shorter duration may be set when the presiding officer or a majority of the quorum determines that the length and duration of public comments on a matter would be unduly burdensome and prevent or frustrate the board or commission from reaching a timely decision on the matter. Persons must confine their remarks to the agenda item under consideration. A speaker may not yield time to another speaker.

E. After the presiding officer has closed the public input portion of an agenda item, no member of the public may address the board or commission without first being recognized by the presiding officer and securing permission to do so by a majority vote of the quorum.

F. To facilitate organized presentations, a group of persons may submit a request to speak as a group for items listed on the agenda only. Groups must select one single member to speak on behalf of that group. The group representative must identify the group and list not fewer than three additional members of the group who will simultaneously turn in their own individual speaker cards and be present during the meeting at which the presentation is made. The presentation on behalf of the group may not exceed 10 minutes unless additional time is authorized by a majority of the quorum.

G. For items listed on the agenda, members of the public will generally be invited to speak following the staff presentation, if any, and before board or commission discussion of the item. For items removed from the consent calendar at the request of a member of the public, the presiding officer may invite the speaker to address the board or commission and may defer or waive presentation of a staff report.

(Ord. CS-515, 6/9/2026)

Persons desiring to use city information system or communication equipment for presentation of information to the board or commission must make arrangements in advance with the staff liaison. The City Clerk services staff may establish reasonable rules regarding format, security, time for submission and other similar matters. The time spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the board or commission during the meeting are part of the public record.

(Ord. CS-515, 6/9/2026)

A. The provisions of this section apply to matters listed on the agenda as public hearing items. Except as otherwise provided in this section, all of the provisions of this chapter apply to matters listed as public hearing items.

B. Public hearings will be noticed to begin at the time the board or commission convenes, unless otherwise determined by the staff liaison or directed by the board or commission in which case the notice of public hearing and agenda may state a different time. Public hearings may commence any time after the noticed commencement time and in any order determined by the board or commission. Meetings may be adjourned when necessary or convenient to complete a public hearing or schedule of public hearings.

C. All documents intended by the city to be part of the record of the public hearing and any correspondence received by the city pertaining to the subject matter of the public hearing will be available at the office of the City Clerk at least 24 hours prior to commencement of the public hearing. This provision does not preclude the submission by any person of supplemental or additional information during the public hearing.

D. The applicant will be permitted 10 minutes to make a presentation, not including time to respond to questions by members of the board or commission, and five minutes to respond to comments by members of the public. As used in this section, the applicant includes any person or entity whose rights or interests are directly the subject matter of the public hearing.

E. The order of the hearing will be as follows unless otherwise required by law or agreed upon by the city and the applicant:

1. Presentation of staff report;

2. Questions from the member of the board or commission;

3. Presentation by the applicant, if any;

4. Comments by members of the public;

5. Response by staff or applicant to facts or issues raised by public comments;

6. Board or commission discussion and action.

F. The presiding officer may set longer time limits than otherwise allowed by this chapter for adequate presentation of testimony and evidence to provide a fair hearing. The decision of the presiding officer may be appealed to the board or commission and determined by a majority of the quorum.

G. Any person, other than a member of the board or commission, who wishes to direct question(s) to an opposing witness shall submit such question(s) to the presiding officer, who will ask the question(s) to the witness. The presiding officer may at his or her discretion restrict the number and nature of any questions asked pursuant to this section.

H. Before commencement of board or commission discussion and action, the presiding officer may order closed the public input portion of the public hearing, at which time no further evidence, either oral or written, will be accepted by the board or commission except in response to a question by a board or commission member; provided, however, that this rule may be relaxed by the presiding officer where it appears that good cause exists to hear further evidence concerning the matter which is the subject of the public hearing. Following completion of questions by board or commission members, the presiding officer may order the public hearing closed. A public hearing once closed cannot be reopened on the date set for hearing unless the presiding officer determines that all persons who were present when the public hearing closed are still present. Nothing in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent meeting, provided notice is first given in the manner required for the initial public hearing.

I. A public hearing may be continued to a date certain any time before the closing of the public hearing in order to permit presentation of additional written or oral evidence. The presiding officer will publicly announce the date, time and place that the public hearing will reconvene, and further evidence will be taken, and the announcement constitutes sufficient notice to the public of the date, time, and place of the continued public hearing. If the presiding officer announces the date, time and place of the continued hearing, the staff liaison will post a notice of continuance in the same manner as for posting notices of an adjourned meeting, however no further public notice is required.

(Ord. CS-515, 6/9/2026)

A. A decision may be made at any time following the close of a public hearing. The board or commission may adopt a resolution recommended by staff and presented as part of the agenda packet or may indicate its intended decision and instruct the staff liaison to return with the resolution necessary to effect the decision. For decisions that include a quasi-judicial determination, the board or commission may adopt the resolution, as presented or as may be amended by the board or commission, if it determines that the findings contained in the document are supported by the evidence presented at the hearing and the decision is supported by the findings. The board or commission's decision is not final until adoption of the documents.

B. A board or commission member who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless the member has examined all the evidence, including listening to a recording of the oral testimony or reviewing a videotape or other electronic medium of the proceedings and represents that they have a full understanding of the matter.

(Ord. CS-515, 6/9/2026)

A. The procedures for the conduct of public hearings will apply to any quasi-judicial administrative hearing conducted by the board or commission except when the requirements of this code or other law require that hearings regarding a particular matter be conducted pursuant to a specific procedure. In such case, the provisions of the law establishing the requirements shall prevail over this chapter to the extent of any inconsistency. Specific rules of procedure for an administrative hearing established by official action of the City Council, upon recommendation of the City Attorney, will prevail over the provisions of this chapter to the extent of any inconsistency with respect to that hearing and other hearings of a similar nature.

B. During the public hearing for a quasi-judicial matter and as required by City Council Policy No. 92, board and commission members must verbally disclose all ex parte communications concerning the subject of the public hearing. Such disclosure shall include a brief statement describing the name and content of the communication. As used in this section, ex parte communications are substantive, individual oral or written communications concerning quasi-judicial matters that occur outside of a noticed public hearing. Ex parte communications include site visits or investigations made by a member of the board or commission. The presiding officer will request disclosure of ex parte communications from all members before the time for receipt of public comment.

(Ord. CS-515, 6/9/2026)

A. A decision of the board or commission may be based on any relevant evidence provided to the board or commission for its consideration of an item and accepted into the record of the proceedings by the presiding officer or made a part of the record of the proceedings pursuant to this section. In addition to oral presentations and documents presented at a meeting, the board or commission may consider any adopted general plan, specific plan, ordinance, resolution or other record of official action of the city, and facts of common, general knowledge. The rules of evidence as established by law for judicial proceedings in the State of California are not applicable to proceedings of the board or commission and any credible, relevant evidence appropriate to afford a full presentation of the facts necessary or convenient for judicious consideration of the matter which is the subject of the board or commission's consideration may be presented at the discretion of the presiding officer. Failure of the presiding officer to strictly enforce rules of evidence or to reject matters that may be irrelevant or immaterial does not affect the validity of the hearing. Any procedural errors that do not materially affect the substantial rights of the parties will be disregarded. Rulings of the presiding officer are subject to change by the board or commission in the same manner as any other procedural order.

B. All materials included in the agenda packet for a meeting are evidence and part of the record of the proceedings for the agenda item to which they pertain. It is not necessary for materials included in the agenda packet to be read in full or referenced at the meeting; however, the staff may present a summary of the information as part of the staff presentation or upon request of the presiding officer. In addition, any of the following may be presented to the board or commission during the meeting and, if presented, are evidence and part of the record:

1. Exhibits and documents not included in the agenda packet that are used during the presentation by city staff or persons addressing the board or commission and are provided to the board or commission;

2. Maps and displays used at the meeting; provided that, whenever practicable, they shall be displayed in full view of the participants and the audience;

3. All written communications and petitions concerning an item presented at a meeting if the presiding officer grants a request for inclusion in the record; however, reading of communications and petitions is not required and will generally be permitted only upon authorization by the presiding officer; and

4. Information obtained outside the Council Chamber, such as a view of the site, provided the information, to the extent it is relied upon in a quasi-judicial matter, is disclosed for the record.

C. The staff liaison will retain the agenda packet, exhibits, reports, maps and other physical evidence placed before the board or commission as public records. Such records may be released by the staff liaison with the approval of the City Attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person submitting the item provided that the staff liaison retains a photographic, video or digital record of the item. The staff liaison may make and retain photographic, video or digital records of proceedings of meetings subject to the same requirements applicable to other public records of the city.

D. Whenever any law requires that testimony be presented to the board or commission under oath or affirmation, the presiding officer or the staff liaison may administer the oath or affirmation.

(Ord. CS-515, 6/9/2026)

A. The Police Chief or such member of the police department as the chief, or authorized agent, may designate, is the sergeant-at-arms for all boards and commissions. The sergeant-at-arms is required to be available to respond to all meetings immediately upon call, and will attend meetings at the request of the City Manager. The sergeant-at-arms is responsible for enforcing the orders of the presiding officer given for the purpose of maintaining order and decorum at board or commission meetings. The sergeant-at-arms may, at any time, request assistance from other members of the police department to accomplish that purpose. The board or commission may require the presiding officer to enforce the rules upon approval of a motion by any board or commission member.

B. Any person, including any member of the board or commission or city staff, who by voice or conduct engages in disrupting conduct prohibited by Section 2.15.200C of this chapter or otherwise disrupts a board or commission meeting by failing to comply with the rules established by this chapter or any applicable ethics ordinance adopted by the City Council, and continues to do so after the presiding officer has directed the person to stop, commits an offense punishable as an infraction.

C. Any person arrested under subsection B of this section and who returns to the same meeting and again violates the provisions of subsection B of this section commits an offence punishable as a misdemeanor.

D. Any person previously convicted under subsection B of this section who again violates the provisions of subsection B of this section commits an offence punishable as a misdemeanor.

(Ord. CS-515, 6/9/2026)

A motion is the formal statement of a proposal or question to the board or commission for consideration and action. Every member has the right to present a motion. A motion may be made at any time during consideration of a matter on the agenda; however, the presiding officer may defer recognizing a motion until after presentation of a report of staff, public comment and questions by members. It is not necessary for a motion to be pending for deliberation of a matter on the agenda. If a motion is properly made, the presiding officer will call for a second. No further action is required on a motion that does not receive a second. If a motion contains two or more divisible propositions, the presiding officer may divide it and call for a separate vote on each proposition. A motion once made and seconded may not be withdrawn by the maker without the consent of the second. The presiding officer may, and upon request of any member, will restate a motion before a vote; provided, however, that the presiding officer may request the restatement be made by the staff liaison.

(Ord. CS-515, 6/9/2026)

A. When a main motion is pending, no other motion may be entertained except the following which shall have precedence, one over the other, in the following order:

1. Adjourn;

2. Recess;

3. Defer;

4. Call the question;

5. Limit or extend debate;

6. Refer to commission, committee, or staff;

7. Amend;

8. Continue;

9. Main motion.

B. A motion may not repeat a motion made previously at the same meeting unless there has been some intervening board or commission action or discussion. A motion may not be made if a motion to call the question is pending, and if the question has been called, until after the vote on the question. A motion may not be made while a vote is being taken. A motion may not be made to interrupt a member while speaking. A motion regarding a point of order or to direct the presiding officer to enforce a provision of this chapter may be made at any time.

C. The purpose and salient criteria of the motions listed in subsection A are as follows:

1. Motion to adjourn:

Purpose. To terminate a meeting.

Debatable or Amendable. No, except a motion to adjourn to another date, time, or place is debatable and amendable as to the date, time and place to which the meeting is to be adjourned.

2. Motion to recess:

Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.

Debatable or Amendable. Yes, but restricted as to time or duration of recess.

3. Motion to defer:

Purpose. To set aside, on a temporary basis, a pending main motion; provided that, it may be taken up again for consideration during the current meeting or at the next regular meeting. A motion to defer is also known as a motion to table.

Debatable or Amendable. It is debatable but not amendable.

4. Motion to call the question:

Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions.

Debatable or Amendable. No.

5. Motion to limit or extend debate:

Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion.

Debatable or Amendable. Debate and amendments are restricted to duration of the proposed limit or extension.

6. Motion to refer to a subcommittee of the board or commission or city staff:

Purpose. To refer the question before the board or commission to a subcommittee of the board or commission or request that the City Manager direct city staff to investigate or study the proposal and make a report back to the board or commission. If the motion fails, discussion or vote on the question resumes.

Debatable or Amendable. Yes.

7. Motion to amend:

Purpose. To modify or change a motion that is being considered. An amendment may be in any of the following forms: to "add" or "insert" certain words or phrases; to "strike out certain words or phrases and to add others"; to "replace" certain words, phrases or actions on the same subject matter as the one pending; to "divide the question" into two or more questions to allow for a separate vote on particular points. A motion to amend shall relate to the subject of the main motion. A motion to amend, including a motion to substitute an entire motion for the one pending, shall not be used to change the nature of the main motion, for example a motion to replace the word "approve" with the word "disapprove" is prohibited where the nature of the main motion is changed. If a motion to amend passes, then the main motion should be voted on as amended.

Debatable or Amendable. It is debatable if the main motion to which it applies is debatable. It is amendable, but a motion to amend an amendment is not further amendable.

8. Motion to continue:

Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not be brought up again until the specified date or event.

Debatable or Amendable. It is debatable and amendable, however amendments are limited to the date or event.

9. Main motion:

Purpose. The primary proposal or question before the board or commission for discussion and decision.

Debatable or Amendable. Yes.

(Ord. CS-515, 6/9/2026)

Board or commission action will be taken by motions approved by vote of the members of the board or commission. Action may be taken by resolution upon approval by the required number of affirmative votes of a motion to approve or adopt the resolution. Action not requiring adoption of a resolution, may be taken by motion recorded in the minutes of the meeting. Resolutions implementing a staff recommendation, selecting a chair, vice chair and adopting a regular meeting calendar will be included in the agenda packet. Resolutions will be prepared or approved by the City Attorney before submission to the board or commission. It is not necessary to read the resolution by title or in full; provided it is identified by the presiding officer. Upon execution of such a resolution, it shall become an official action of the board or commission.

(Ord. CS-515, 6/9/2026)

The City Clerk services staff, with the consent of the City Attorney, is authorized to correct any typographical or other technical or clerical error in any document approved by the board or commission. Upon correction, the corrected document may be executed in the manner required of the original and, when properly executed, will replace the original document, to be effective as of the date of the original document, and to be retained in the files of the City Clerk.

(Ord. CS-515, 6/9/2026)

The provisions of this chapter are adopted to expedite the transaction of the business of the board or commission 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 commission or invalidate any action taken at a meeting that is otherwise held in conformity with law. Nothing in this section shall preclude the presiding officer or board or commission from taking any action to cure a violation or alleged violation of the provisions of this chapter or other applicable law governing the conduct of board or commission meetings. Nothing in this section precludes the board or commission from correcting a violation or alleged violation of the Brown Act[1] according to the provisions of that Act.

(Ord. CS-515, 6/9/2026)

[1]

Editor's Note: See Government Code § 54950 et seq.

The procedural provisions of this chapter are directory in nature and shall not be deemed to create a mandatory duty, the breach of which could result in liability to the city or to any city officer or employee pursuant to state statute or other law.

(Ord. CS-515, 6/9/2026)

The City Manager or designee is authorized to open and examine all written communications addressed to the board or commission, except correspondence addressed to an individual member. An individual member may authorize the City Manager to open and examine correspondence addressed to that member. The City Manager is authorized to take appropriate administrative action to address constituent concerns consistent with existing city policy. Correspondence relating to an item on the agenda for a board or commission meeting will be included in the agenda packet.

(Ord. CS-515, 6/9/2026)