Meeting Date: June 5, 2012
Prepared by: Jason Stilwell, City Administrator
City Council
Agenda Item Summary
Description: The City Council last amended its rules and procedures on October 28, 2008. One section of the rules and procedures is Orders of City Business. This section establishes the structure of City Council agenda. Changes to this section must be adopted by City Council resolution.
The proposed agenda structure includes five categories: 1) Extraordinary Business, 2) Announcements, 3) Public Appearances, 4) Consent Agenda, and 5) Orders of Council. Orders of Council, as proposed, includes reports of committee/commissions, ordinances and resolutions, public hearings, reports of officials, unfinished business, and Council matters.
The most significant change is to combine the agenda categories of Ordinances and Resolutions into Orders of Council. This change will better enable like items to be adjacent on the agenda, enables items to be discussed by subject rather than type of action, facilitates public comment, and improves the ability to have multi-action items (such as an item requiring both a resolution and an ordinance) under one agenda subject.
Overall Cost: City Funds: N/ A
Grant Funds: N/ A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The proposed changes reduce the number agenda categories from seven to five. Fewer categories will facilitate agenda management by having similarly situated items adjacent on the posted agenda and enable the public to have better opportunity to provide comment.
Decision Record:
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL–BY-THE-SEA
CITY COUNCIL
RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The Mayor serves a two-year term and members of the City Council serve four year terms.
I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As
the titular head of the City Council, the Mayor represents the City at quasi-governmental
and social functions and may represent the City Council before other governmental
bodies on specific matters as my be authorized by the City Council.
B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in May. The Mayor Pro Tempore
shall not serve more than two consecutive one-year terms. This appointment is
announced by the Mayor, but does not need to be ratified by the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and
may attend social/quasi-governmental functions on behalf of the City.
C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council
shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the
Mayor Pro Tempore as described above.
II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of
Inspection) are regulated by Chapter 2 of the Municipal Code.
A. Agenda
Only items that are agendized may be acted on at any Council meeting.
• Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of
all department directors and is reviewed at the weekly staff Management meetings.
63
• Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk
nine business days prior to the meeting to finalize the draft agenda.
• Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in
writing, that an item of “personal interest” or a “major issue” be continued to the next
meeting. The City Council shall vote on the issue of continuance.
• Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the
City Website) a minimum of 72 hours prior to a regular meeting and a minimum of 24
hours prior to a Special Meeting.
B. Orders of City Council Business
The Orders of City Council business are adopted by Resolution of the City Council.
Currently, tThe Orders of City Council Business are:
• Extraordinary Business
This category allows the City Council to recognize volunteers, employees, present
certificates of appreciation and awards.
• Announcements from City Council Members & City Administrator
This category allows an opportunity for City Council Members to comment on meetings
attended of outside agencies and the City Administrator to give a brief report to the City
Council and receive presentations that require little or no action.
• Public Appearances
State law requires that tThe public has an opportunitiesy to speak to the City Council.
The Public Appearances section allows persons to speak a maximum of three minutes, or
as otherwise established by the City Council, on items of City business, other than those
scheduled agenda items. Matters not appearing on the City Council’s agenda will not
receive action at that meeting but may be referred to staff for a future meeting or
resolution outside of a City Council meeting. The City Council reserves the right to limit
the duration of the Public Appearances section of the agenda to thirty minutes total.
64
Members of the public are entitled to directly address the City Council concerning any
item that is described in the notice of the City Council meeting during consideration of
that item. Public comments or testimony on agenda items other than Public Appearances
shall be limited to a maximum of three minutes per speaker.
• Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent
Agenda consists of routine and non-controversial City matters that can be as a whole
approved by a single majority vote. Any City Council Member or member of the public
may ask to have an item pulled from the Consent Agenda for discussion. Such items are
normally moved to the end of the meeting.
If a City Council Member has a question for information only about a Consent Calendar
Agenda item, the Member should ask prior to the meetingahead of time, rather than
pulling the item for discussion during the meeting.
Corrections to the Minutes are given to the City Clerk prior to the meeting so that
corrections can be made prior to their adoption.
• Orders of CouncilPublic Hearings
Orders of Council include reports of committee/commissions, ordinances and resolutions,
public hearings, reports of officials, unfinished business, and council matters.
Public Hearings consist of zoning amendments, General Plan amendments, appeals of
Commission decisions and other items mandated by the State. If the Public Hearing is an
appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the
staff report and at the close of public comment in order to have the opportunity to rebut
public comments. Other speakers will be allowed three minutes. Formal Public Hearings
must be advertised pursuant to State and Government Codes.
• Ordinances
Ordinances are the most binding form of action the City Council can takeof all City laws.
They are codified ascomprise the Municipal Code of the City of Carmel-by-the-Sea
which is the municipal law of the City. The City Council has authority to pass
ordinances through Government Code Section 37100, as long as these ordinances do not
conflict with the laws and Constitution of the State of California or of the United States.
Ordinances require two readings and do not become effective until 30 days after the
second reading.
• Orders of Council/Resolutions
A resolution is a formal form of a motion normally utilized to set forth policy of the City.
Each resolution, in addition to being referenced by number and brief title in the minutes,
65
will be recorded as provided by law and maintained in numerical sequence as a
permanent record of the City in a separate set of books. Resolutions are used for various
reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where the
frequency of future references back to its contents warrants a separate document to
facilitate such future reference and research. Items that require City Council
discussion/debate/direction are placed under those categories. Decisions that are more
formal often take the form of a Resolution and are placed in that category.
III. CONDUCT OF CITY COUNCIL MEETINGS
A. General Procedure
It is the policy of the Council not to become involved in entanglements over
parliamentary procedure. Pursuant to the Municipal Code, the Chair shall have authority
to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the
business of the Council by ruling any such matter out of order. The Mayor will assist the
Council to focus on the agenda, discussions and deliberations. He/she has been delegated
the responsibility to control the debate and order of the speakers.
B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a
question to another Council Member. That Council Member may respond while the floor
is still held by the Council Member asking the question.
Council Members will limit their comments to the subject matter, item or motion being
currently considered by the Council. They will govern themselves as to the length of
their comments or presentation.
C. Meeting Procedures for review of Each Item on the Agenda (with the
exception of Public Hearings:
• The Mayor will read the agenda item under discussion.
• Staff will present a brief report.
• City Council questions of staff.
Upon recognition by the Mayor, Members of City Council may ask questions of the staff
prior to opening of the discussion to members of the audience.
D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda
item may do so when the item is taken up by Council, or as otherwise specified by the
66
Council or its presiding officer. Oral presentations are limited to three minutes, unless
otherwise provided.
Persons who anticipate oral presentations exceeding three minutes are encouraged to
submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so
they may be included in the agenda packet. In order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address Council on
the same subject matter, the presiding officer may request that a spokesperson be chosen
by the group. A specified time limit also may be set for the total presentation for any
group.
• Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by
consensus.
• Staff response to questions from the public.
Based on staff responses to the public, members of the City Council may wish to address
further questions to staff.
• The Mayor/City Administrator/Attorney shall remind the City Council of the
action before Council.
• City Council discussion
• City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has
been properly made and seconded, the Chair shall open the matter for discussion offering
the first opportunity to the moving party and, thereafter, to any City Council Member
properly recognized by the Chair. Once the matter has been fully discussed and the Chair
calls for a vote, no further discussion will be allowed.
Council Members may be allowed to explain their vote briefly for the record. Once a
vote is taken, all Council Members shall support the action taken.
• Substitute motions
When a motion is on the floor, any member of City Council may make a substitute
motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the
main motion.
• Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may
offer a motion for further action. If there is no action by an affirmative vote, the result is
no action. If the matter involves an appeal and an affirmative vote does not occur, the
67
result is that the decision appealed stands as decided by the decision-making persons or
body from which the appeal was taken.
• Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next
succeeding meeting following a Council action for reconsideration. Such motions must
be made by a Council Member voting in favor of the original motion.
• Staff announcement of decision
The Mayor, City Administrator, City Attorney, or City Clerk shall announce the vote and
passage or failure of an item.
E. Meeting Procedure for formal Appeals/Public Hearings
When a matter for public hearing comes before the City Council, the Mayor shall inquire
if there are any persons present who desire to speak on the matter which is to be heard or
to present any evidence regarding the matter.
The procedure for holding City Council appeals differs from other items where the public
is allowed to speak in that appellants are allowed to have 10 minutes to make a
presentation, including closing comments. The public testimony follows, after which the
appellants are given an opportunity for rebuttal or closing arguments.
• Public comments/discussion
No person will be permitted during the hearing to speak about matters or present any
evidence that is not germane to the matter being considered. A determination of
relevance shall be made by the Mayor or City Attorney, but may be appealed by any
Member of the City Council.
F. Minutes of Meeting Policy (C 89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City
Council commentary and discussion. However, if a Council Member wishes to include
comments in the record, they will be included if so requested at the meeting. (e.g. “for
the record, I wish to state…”)
• Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be
retained in the Clerk’s records.
• Distribution
68
The minutes shall be distributed to members of the City Council for comment and/or
correction in the Council packet. The City Clerk will correct the minutes prior to the
meeting, and if the correction is substantive, copies of the corrected minutes shall be
distributed to all members of the Council.
G. Official Recordings of the Meeting
All City Council meetings are recorded. This ensures accuracy of the minutes and
provides a temporary record of the City Council proceedings. Once the minutes are
approved, legally, the tapes recordings do not have to be retained. However, recordings
of the Council meetings are retained for 10 years; Planning Commission for seven years;
and recordings of other commissions/boards for two years.
Amended: October 28, 2008June 5, 2012
69
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AMENDING COUNCIL AGENDA POLICY C-89 (COUNCIL ORDERS OF BUSINESS)
WHEREAS, the City Council last amended its Agenda Policy C-89 (Orders of Business)
on October 28, 2008; and
WHEREAS, this policy establishes the structure of the City Council; and
WHEREAS, the proposed amendments, that reduce the number of agenda categories
from seven to five, are intended to group similar items closer together on the agenda, to allow
them to be discussed by subject rather than by type of action, and to foster improved opportunity
for public comment.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA DOES:
1. Approve the amended policy as shown in Attachment “A”.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 5th day of June 2012, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
ATTEST, JASON BURNETT, MAYOR
_______________________________
Heidi Burch, City Clerk
70
CITY OF CARMEL–BY-THE-SEA
CITY COUNCIL
RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The
Mayor serves a two-year term and members of the City Council serve four year terms.
I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As
the titular head of the City Council, the Mayor represents the City at quasi-governmental
and social functions and may represent the City Council before other governmental
bodies on specific matters as my be authorized by the City Council.
B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in May. The Mayor Pro Tempore
shall not serve more than two consecutive one-year terms. This appointment is
announced by the Mayor, but does not need to be ratified by the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and
may attend social/quasi-governmental functions on behalf of the City.
C. Absence of both the Mayor and Mayor Pro Tempore
In the absence of both the Mayor and Mayor Pro Tempore, members of the City Council
shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the
Mayor Pro Tempore as described above.
II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of
Inspection) are regulated by Chapter 2 of the Municipal Code.
A. Agenda
Only items that are agendized may be acted on at any Council meeting.
• Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of
all department directors and is reviewed at weekly staff Management meetings.
71
• Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk
nine business days prior to the meeting to finalize the draft agenda.
• Continuance of Agenda Item
Any City Council member who is ill or will be away from the City may request, in
writing, that an item of “personal interest” or a “major issue” be continued to the next
meeting. The City Council shall vote on the issue of continuance.
• Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the
City Website) a minimum of 72 hours prior to a regular meeting and a minimum of 24
hours prior to a Special Meeting.
B. Orders of City Council Business
The Orders of City Council business are adopted by Resolution of the City Council. The
Orders of City Council Business are:
• Extraordinary Business
This category allows the City Council to recognize volunteers, employees, present
certificates of appreciation and awards.
• Announcements from City Council Members & City Administrator
This category allows an opportunity for City Council Members to comment on meetings
attended of outside agencies and the City Administrator to give a brief report to the City
Council and receive presentations that require little or no action.
• Public Appearances
The public has opportunities to speak to the City Council. The Public Appearances
section allows persons to speak a maximum of three minutes, or as otherwise established
by the City Council, on items of City business, other than those scheduled agenda items.
Matters not appearing on the City Council’s agenda will not receive action at that
meeting but may be referred to staff for a future meeting or resolution outside of a City
Council meeting. The City Council reserves the right to limit the duration of the Public
Appearances section of the agenda to thirty minutes total.
72
Members of the public are entitled to directly address the City Council concerning any
item that is described in the notice of the City Council meeting during consideration of
that item. Public comments or testimony on agenda items other than Public Appearances
shall be limited to a maximum of three minutes per speaker.
• Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent
Agenda consists of routine and non-controversial City matters that can be as a whole
approved by a single majority vote. Any City Council Member or member of the public
may ask to have an item pulled from the Consent Agenda for discussion. Such items are
normally moved to the end of the meeting.
If a City Council Member has a question for information only about a Consent Agenda
item, the Member should ask prior to the meeting, rather than pulling the item for
discussion during the meeting.
Corrections to the Minutes are given to the City Clerk prior to the meeting so that
corrections can be made prior to their adoption.
• Orders of Council
Orders of Council include reports of committee/commissions, ordinances and resolutions,
public hearings, reports of officials, unfinished business, and council matters.
Public Hearings consist of zoning amendments, General Plan amendments, appeals of
Commission decisions and other items mandated by the State. If the Public Hearing is an
appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the
staff report and at the close of public comment in order to have the opportunity to rebut
public comments. Other speakers will be allowed three minutes. Formal Public Hearings
must be advertised pursuant to State and Government Codes.
Ordinances are the most binding form of action the City Council can take. They are
codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal
law of the City. The City Council has authority to pass ordinances through Government
Code Section 37100, as long as these ordinances do not conflict with the laws and
Constitution of the State of California or of the United States. Ordinances require two
readings and do not become effective until 30 days after the second reading.
A resolution is a formal form of a motion normally utilized to set forth policy of the City.
Each resolution, in addition to being referenced by number and brief title in the minutes,
will be recorded as provided by law and maintained in numerical sequence as a
permanent record of the City in a separate set of books. Resolutions are used for various
reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where the
73
frequency of future references back to its contents warrants a separate document to
facilitate such future reference and research.
III. CONDUCT OF CITY COUNCIL MEETINGS
A. General Procedure
It is the policy of the Council not to become involved in entanglements over
parliamentary procedure. Pursuant to the Municipal Code, the Chair shall have authority
to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the
business of the Council by ruling any such matter out of order. The Mayor will assist the
Council to focus on the agenda, discussions and deliberations. He/she has been delegated
the responsibility to control the debate and order of the speakers.
B. Questions Addressed to a Council Member
With the concurrence of the Mayor, a Council Member holding the floor may address a
question to another Council Member. That Council Member may respond while the floor
is still held by the Council Member asking the question.
Council Members will limit their comments to the subject matter, item or motion being
currently considered by the Council. They will govern themselves as to the length of
their comments or presentation.
C. Meeting Procedures for review of Each Item on the Agenda (with the
exception of Public Hearings:
• The Mayor will read the agenda item under discussion.
• Staff will present a brief report.
• City Council questions of staff.
Upon recognition by the Mayor, Members of City Council may ask questions of the staff
prior to opening of the discussion to members of the audience.
D. Public input/oral presentations
Any member of the public wishing to address the Council orally on a specific agenda
item may do so when the item is taken up by Council, or as otherwise specified by the
Council or its presiding officer. Oral presentations are limited to three minutes, unless
otherwise provided.
Persons who anticipate oral presentations exceeding three minutes are encouraged to
submit comments in writing to the City Clerk, by the Tuesday prior to the meeting so
they may be included in the agenda packet. In order to expedite matters and to avoid
repetitious presentations, whenever any group of persons wishes to address Council on
the same subject matter, the presiding officer may request that a spokesperson be chosen
74
by the group. A specified time limit also may be set for the total presentation for any
group.
• Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by
consensus.
• Staff response to questions from the public.
Based on staff responses to the public, members of the City Council may wish to address
further questions to staff.
• The Mayor/City Administrator/Attorney shall remind the City Council of the
action before Council.
• City Council discussion
• City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has
been properly made and seconded, the Chair shall open the matter for discussion offering
the first opportunity to the moving party and, thereafter, to any City Council Member
properly recognized by the Chair. Once the matter has been fully discussed and the Chair
calls for a vote, no further discussion will be allowed.
Council Members may be allowed to explain their vote briefly for the record. Once a
vote is taken, all Council Members shall support the action taken.
• Substitute motions
When a motion is on the floor, any member of City Council may make a substitute
motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the
main motion.
• Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may
offer a motion for further action. If there is no action by an affirmative vote, the result is
no action. If the matter involves an appeal and an affirmative vote does not occur, the
result is that the decision appealed stands as decided by the decision-making persons or
body from which the appeal was taken.
• Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next
succeeding meeting following a Council action for reconsideration. Such motions must
be made by a Council Member voting in favor of the original motion.
75
• Staff announcement of decision
The Mayor, City Administrator, City Attorney, or City Clerk shall announce the vote and
passage or failure of an item.
E. Meeting Procedure for formal Appeals/Public Hearings
When a matter for public hearing comes before the City Council, the Mayor shall inquire
if there are any persons present who desire to speak on the matter which is to be heard or
to present any evidence regarding the matter.
The procedure for holding City Council appeals differs from other items where the public
is allowed to speak in that appellants are allowed to have 10 minutes to make a
presentation, including closing comments. The public testimony follows, after which the
appellants are given an opportunity for rebuttal or closing arguments.
• Public comments/discussion
No person will be permitted during the hearing to speak about matters or present any
evidence that is not germane to the matter being considered. A determination of
relevance shall be made by the Mayor or City Attorney, but may be appealed by any
Member of the City Council.
F. Minutes of Meeting Policy (C 89-02)
The Minutes of the City Council meeting are action minutes and do not reflect City
Council commentary and discussion. However, if a Council Member wishes to include
comments in the record, they will be included if so requested at the meeting. (e.g. “for
the record, I wish to state…”)
• Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be
retained in the Clerk’s records.
• Distribution
The minutes shall be distributed to members of the City Council for comment and/or
correction in the Council packet. The City Clerk will correct the minutes prior to the
meeting, and if the correction is substantive, copies of the corrected minutes shall be
distributed to all members of the Council.
G. Official Recordings of the Meeting
All City Council meetings are recorded. This ensures accuracy of the minutes and
provides a temporary record of the City Council proceedings. Once the minutes are
approved, legally, the recordings do not have to be retained. However, recordings of the
Council meetings are retained for 10 years; Planning Commission for seven years; and
recordings of other commissions/boards for two years.
Amended: June 5, 2012
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